Danh mục: Nghị quyết 174/2024/QH15

RESOLUTION

THE 8^TH SESSION, THE 15^TH NATIONAL ASSEMBLY

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended by the Law No. 65/2020/QH14;

Pursuant to results of the 8^th session, the 15^th National Assembly that takes place from October 21, 2024 to November 13, 2024 and from November 20, 2024 to November 30, 2024;

At the request of the National Assembly Standing Committee and pursuant to the opinions of National Assembly deputies,

HEREBY RESOLVES:

1. The National Assembly has passed 18 laws and 21 resolutions; and given initial opinions about 10 bills (a list is attached to this Resolution).

The National Assembly Standing Committee, the Government, the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies are assigned to promptly enforce laws and resolutions passed at the 8^th Session in order to make sure that the formulation of laws is closely connected to the enforcement of laws, ensuring fairness, strictness, consistency, timeliness, effectiveness and efficiency; conduct study, explain and absorb the opinions of National Assembly deputies to complete bills commented by the National Assembly; urgently and punctually prepare perfectly contents to be submitted to the National Assembly at the 9^th Session, the 15^th National Assembly. At the same time, the Government has directed relevant ministries and central authorities to continue studying comprehensive amendments to the Law on Accounting, the Law on State Budget, the Law on Management and Use of Public Property, and the Law on Tax Administration to send reports to the National Assembly at the 9^th Session according to the conclusions of the Politburo, resolutions of the National Assembly and the Plan No. 81/KH-UBTVQH15 of the National Assembly Standing Committee.

2. The National Assembly highly appreciates the direction, administration and drastic and effective performance of tasks and implementation of measures by the Government, Prime Minister, Ministries, central and local authorities; commends a community of enterprises and people of all classes for their efforts to accomplish and outperform multiple targets and tasks of socio-economic development and state budget in 2024.

The Government shall cooperate with relevant agencies to continue to synchronously, promptly and comprehensively fulfill objectives, tasks and solutions set out by the Communist Party, the National Assembly and the Government, strive to achieve the highest possible targets mentioned in the Socio-Economic Development Plans for 2025 and the 5-year period of 2021-2025, and at the same time, effectively implement the tasks and solutions in the Government’s Reports and Proposals submitted to the National Assembly.

3. The National Assembly has requested the Government, the Prime Minister, the Supreme People's Court, the Supreme People's Procuracy, the State Audit, Ministries, central and local authorities to thoroughly grasp and meet the requirements for innovation in development and promulgation of legislative documents. To be specific:

a) Propose promulgation of or promulgate legislative documents within their jurisdiction and under the direction of the Communist Party and the National Assembly on innovation in thinking, methods and procedures for formulation of laws to satisfy requirements for state management, encourage creativity, fully unlock the potential for production, and utilize all resources for development; resolutely eliminate the thinking about " the tendency to ban things instead of putting them under control"; regulations of law shall appear stable and permanent, and be transparent, accessible and adaptable to changes in reality, systematic and rigorous, thereby contributing to creation of a progressive, harmonious, and developed society;

b) Continue to tighten discipline, strengthen control of powers over development of laws, and uphold responsibilities of leaders and presiding agencies in each stage of procedures. Promptly detect and strictly handle all acts of corruption, wastefulness, and integration of legislative favoritism and in-group favoritism into legislative documents in accordance with the Regulation No. 178-QD/TW of the Politburo on control of power over and anti-corruption involved in formulation of laws;

c) Urgently conduct study of and promptly amend the Law on Promulgation of Legislative Documents and documents within their jurisdiction to specify orientations to innovation in the formulation and promulgation of legislative documents to ensure the consistency and unity of legal systems and punctuality, proactivity and creativity of relevant entities; proactively, actively and urgently build a legal framework for new issues, new trends, practical issues that arise but have not yet been regulated, especially issues related to Fourth Industrial Revolution, artificial intelligence, digital transformation, green transformation, circular economy and create a legal framework to successfully carry out the revolution in digital transformation, thereby creating breakthroughs for national development in the following years.

4. Regarding prevention and control of crimes and violations against laws, prevention, detection and handling of acts of corruption and wastefulness, investigation, prosecution, trial and execution of judgments, the National Assembly requests:

a) the Government, the Supreme People's Court, the Supreme People's Procuracy and relevant agencies to continue to effectively reach targets, perform tasks and solutions according to the Resolution No. 96/2019/QH14 and other resolutions of the National Assembly. Continue to review regulations of laws on investigation, prosecution, trial and execution of judgments; bidding, auction, capital construction investment, land, minerals, finance - banking, petroleum, electricity, etc. and other fields at high risk of corruption and wastefulness; promptly detect inappropriate, duplicated and inconsistent regulations to amend regulations within their jurisdiction or propose appropriate amendments; at the same time, invest resources for effective implementation;

b) the Government, the Prime Minister, ministries and central authorities to offer additional and effective solutions to efficiently prevent and control all types of crimes, especially drug-related crimes, act of obtaining property by fraud, child abuse, tax evasion, illegal exploitation of minerals and high-tech crimes, etc, strengthen state management, inspection, examination and audit to prevent corruption and wastefulness; recover corruptly-acquired assets. Give directions to overcome shortcomings in appraisal and valuation of assets; continue to maintain discipline, improve the effectiveness and efficiency in execution of judgments;

c) the Supreme People's Court to urgently organize the enforcement of the 2024 Law on Organization of People's Courts; continue to have solutions to improve the quality of trials and settle administrative cases.

The Supreme People's Procuracy shall continue to synchronously implement solutions to improve the quality of the exercise of power over prosecution and supervision of judicial affairs. Strengthen supervision of enforcement of civil and administrative judgments and propose handling violations upon enforcement of civil and administrative judgments according to regulations of law.

5. The National Assembly basically agrees with a Report that includes consolidated opinions and recommendations given by voters and the people, and is sent to the 8^th Session of the 15^th National Assembly, a Report on results of supervision of the settlement and response to voters' recommendations, sent to the 7^th Session of the 15^th National Assembly and a Report on results of receipt of citizens, document processing and supervision of response to citizens' complaints and denunciations, sent to the National Assembly in 2024; highly appreciates the efforts of the Government, the Prime Minister, ministries, central and local authorities in settlement and response to voters' recommendations; and processes documents on complaints and denunciations sent by agencies affiliated to the National Assembly in 2024.

The Government, the Prime Minister, the Supreme People's Court, the Supreme People's Procuracy, Ministries, central and local authorities at all levels, within their assigned functions and tasks, shall study, receive, resolve, and respond to proposals and recommendations made by the Presidium of the Central Committee of the Vietnam Fatherland Front. Pay attention to settlement and response to voters' recommendations; focus on effective resolution of complaints and denunciations, especially complaints about and denunciations of complicated and prolonged cases; direct Ministries, central authorities and People's Committees of provinces and central-affiliated cities to continue to effectively follow and implement recommendations from the National Assembly Standing Committee mentioned in the Resolution No. 623/NQ-UBTVQH15.

6. The National Assembly appreciates the efforts of the Government, the Prime Minister, Ministries, central and local authorities in enforcement of the National Assembly's resolutions on pilot implementation of a number of specific mechanisms and policies on the development of Hai Phong city, Can Tho city, Thanh Hoa province and Thua Thien Hue province. However, the achieved results have not yet met the set objectives. The Government and the Prime Minister are requested to intensively direct relevant ministries, agencies and local authorities to heighten their sense of responsibility, express their determination and make every effort to implement resolutions; promptly propose solutions to overcome difficulties in implementation and cooperation between central and local agencies. The Government directs review and requests competent authorities to consider amending pilot policies and promulgating guiding documents on implementation in order to ensure consistency with the local practical development.

7. The Government is assigned to conduct final review and present a report at the 10^th Session of the 15^th National Assembly on results of the implementation of the Resolution No. 120/2020/QH14, the Resolution No. 24/2021/QH15, and the Resolution No. 25/2021/QH15 and relevant resolutions of the National Assembly on national target programs and proposal for the Program for the period 2026 - 2030. It is allowed to prolong the duration for implementation of and disbursement of capital for national target programs in 2024 (including remaining capital of 2022 and 2023 that is carried forward to 2024) until the end of December 31, 2025.

8. VAT on goods and services specified in point a section 1.1 clause 1 Article 3 of the National Assembly’s Resolution No. 43/2022/QH15 on fiscal and monetary policies for supporting socio-economic recovery and development program is reduced by 2% from January 01, 2025 to the end of June 30, 2025 inclusively. The Government is assigned to organize the implementation of this content and take responsibility for achieving state budget revenue targets and state budget balance of 2025 decided by the National Assembly; immediately invalidate regulations on exemption from VAT in the Prime Minister's Decision No. 78/2010/QD-TTg , serving as a basis for legal bases and sanctions for management of revenues of tax authorities for foreign e-commerce platforms where goods are sold to Vietnam.

9. The investment policy of Ninh Thuan Nuclear Power Project shall continue to be implemented according to the Government's Proposal No. 811/TTr-CP dated November 25, 2024. The Government is assigned to urgently direct the allocation of resources according to conclusions reached by competent authorities; study and amend relevant laws, including the Law on Atomic Energy.

10. The policy on revisions to the National Land Use Planning for the period of 2021 – 2030, with a vision to 2050 is accepted. The Government is assigned to proactive implementation in accordance with regulations of law, to conduct study and submit revisions to the National Land Use Planning for the period of 2021 – 2030, with a vision to 2050 to the National Assembly for approval in 2025.

11. Revisions to the investment policy of Long Thanh International Airport Project are accepted. To be specific:

a) Revisions to scale and duration for implementation of Phase 1 as prescribed in clause 6, Article 2 of the Resolution No. 94/2015/QH13 dated June 25, 2015 of the National Assembly: “Phase 1: Invest in construction of 02 runways in the North, 01 passenger terminal and synchronous auxiliary items with a capacity of 25 million passengers/year, 1,2 million tones of cargos/year; and complete and put them into operation on December 31, 2026 at the latest”. The Government is allowed to organize the approval for the feasibility study report on revisions to Phase 1 of the Project within its jurisdiction without having to send a report to the National Assembly for approval. Other contents shall continue to be implemented in accordance with the National Assembly’s Resolution No. 94/2015/QH13;

b) Revisions to scale of Phase 1 as prescribed in clause 1, Article 1 of the Resolution No. 95/2019/QH14 dated November 26, 2019 of the National Assembly: “Phase 1: Invest in construction of 02 runways in the North, 01 passenger terminal and synchronous auxiliary items with a capacity of 25 million passengers/year, 1,2 million tones of cargos/year”. Other contents shall continue to be implemented in accordance with the National Assembly’s Resolution No. 95/2019/QH14;

12. The approval is granted to the policy on additional investment of state capital to maintain state holding in Joint Stock Commercial Bank for Foreign Trade of Vietnam with an amount of VND 20.695.100.980.000 from share dividends distributed to the state as a shareholder from cumulative profit that remains at the end of 2018 and the remaining profit in 2021 of Joint Stock Commercial Bank for Foreign Trade of Vietnam. The Government and the Prime Minister are assigned to direct the additional investment of state capital at the Joint Stock Commercial Bank for Foreign Trade of Vietnam in accordance with regulations of law; and are responsible to the National Assembly for the accuracy of data and scale of additional investment of state capital in the Joint Stock Commercial Bank for Foreign Trade of Vietnam.

13. The approval is given to solutions to continuation in removal of difficulties caused by COVID-19 so that Vietnam Airlines JSC quickly recovers and sustainably develops. To be specific:

a) Vietnam Airlines JSC is allowed to offer additional shares to existing shareholders to increase its charter capital with a maximum scale of 22.000 billion VND when only meeting regulations at points a, c and d, clause 2, Article 15 of Law on Securities No. 54/2019/QH14. To be specific:

- Phase 1: The Government is allowed to assign the State Capital and Investment Corporation to represent the Government to invest in purchase of shares at Vietnam Airlines JSC within the State shareholder's right to purchase shares (a commission for management of state capital at an enterprise is an agency acting as a representative of the State shareholder's capital) by transferring the purchase right when Vietnam Airlines JSC implements a plan to increase charter capital in phase 01 with an issuance value of 9.000 billion VND;

- Phase 2: The policy is approved and the Government is assigned to direct the implementation of the plan (including a plan for transfer of the right to purchase shares from the State to the enterprise) with a maximum issuance value of VND 13.000 billion; in case of any problems, reports shall be sent to competent authorities;

b) The Pacific Airlines Joint Stock Aviation Company is eligible for cancellation of late payment fine and late payment interest calculated on the basis of tax debts that arise under a decision of a competent tax authority and have not yet been paid until December 31, 2024. The Pacific Airlines Joint Stock Aviation Company is responsible for paying all outstanding tax debts (principal debts) before December 31, 2024. After the above deadline, the tax authority shall calculate late payment interest urge payment and apply coercive measures in accordance with regulations of law.

The Government is fully responsible for the data and contents of the proposed plan; at the same time, clearly define the responsibilities of agencies and organizations for implementation of a commitment to the National Assembly on the effectiveness of implementation of these measures. The State Audit Office shall conduct audits within its assigned tasks in the resolutions of the National Assembly, including review and inclusion of audits of financial statements and operations related to management and use of state capital and assets at Vietnam Airlines JSC in the 2025 audit plan, and promptly give recommendations to competent authorities and Vietnam Airlines JSC to avoid loss and waste of resources that support the State and contribute to improvement of the efficiency in production and trade by Vietnam Airlines JSC.

14. The National Assembly agrees to increase 2024’s state budget expenditure estimates of Ministries, central and local authorities to implement the Government’s Decree No. 73/2024/ND-CP on new statutory pay rates. To be specific:

a) 55.000 billion VND from the salary reform fund of central government budget will be added to the 2024’s state budget revenue estimate. The 2024’s state budget expenditure estimate will also be increased accordingly. To be specific:

- Salary reform expenditure estimates of the Ministry of National Defense and the Ministry of Public Security will be increased according to the Government’s Proposal No. 54/TTr-CP dated November 25, 2024;

- With regard to the remainder after the 55.000-billion fund has been used to increase salary reform expenditure estimates of the Ministry of National Defense and the Ministry of Public Security and 2.980 billion VND included in state budget balance decided by the National Assembly in the Resolution No. 105/2023/QH15, the Government shall use them to increase 2024’s salary reform expenditure estimates of Ministries, central and local authorities according to the Government’s Proposal No. 54/TTr-CP. The Government shall urgently and promptly allocate such expenditures to Ministries, central and local authorities;

b) The Government is responsible for the proposed contents to make sure that such contents are conformable to regulations of law, the accuracy of information and data that have been reported, necessity, completeness, reasonableness, compliance with standards, expenditure limits and policies according to regulations of law; at the same time, promptly organize implementation for the intended purposes and efficiency of state budget.

15. It is allowed to impose some urgent and necessary mechanisms and measures to implement 03 important projects of the Central Committee of the Communist Party of Vietnam as proposed by the Government in the Proposal No. 56/TTr-CP dated November 27, 2024. The Government is assigned to direct the organization and implementation of projects, ensuring punctuality, quality, economy and effectiveness and avoiding acts of losing and wasting state budget.

16. The Standing Committee of National Assembly, the Government, the Prime Minister, the Central Committee of the Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, the Ethnic Minorities Council, Committees of the National Assembly, the State Audit Office of Vietnam, Ministries, central and local authorities at all levels shall, within the ambit of their assigned functions and tasks, effectively organize the implementation of this Resolution; intensify dissemination and education about laws so as to promptly and effectively implement laws and resolutions ratified by the National Assembly.

The Standing Committee of National Assembly, the Ethnic Minorities Council, Committees of the National Assembly, National Assembly’s Delegations and deputies shall supervise the implementation of this Resolution.

The Central Committee and member units of the Vietnamese Fatherland Front shall supervise and encourage all people classes to implement this Resolution.

This Resolution is ratified by the 8^th meeting of the 15^th National Assembly of the Socialist Republic of Vietnam held on November 30, 2024.

LIST OF LAWS AND RESOLUTIONS RATIFIED AND COMMENTED AT THE 8^TH MEETING OF THE 15^TH NATIONAL ASSEMBLY

I. Laws ratified by the National Assembly

1. Law on Cultural Heritage;

2. Law on Urban and Rural Planning;

3. Law on Value Added Tax;

4. Law on Trade Union;

5. Law on Notarization;

6. Law on People's Air Defense;

7. Fire and Rescue Law;

8. Law on Human Trafficking Prevention and Control;

9. Law on Geology and Minerals;

10. Law on Public Investment;

11. Law on Juvenile Justice;

12. Law on Data;

13. Electricity Law;

14. Law on amendments to some articles of Law on Pharmacy;

15. Law on amendments to some articles of Law on Officers of the Vietnam People’s Army;

16. Law on amendments to some articles of Law on Health Insurance;

17. Law on amendments to some articles of Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Handling of Administrative Violations;

18. Law on amendments to some article of Law on Planning, Law on Investment, Law on Public-Private Partnership Investment and Law on Bidding.

II. Resolutions ratified by the National Assembly

1. Resolution on dismissal of the President of the Socialist Republic of Vietnam for the 2021-2026 term;

2. Resolution on election of the President of the Socialist Republic of Vietnam for the 2021-2026 term;

3. Resolution on dismissal of the Secretary General of the National Assembly, members of the Standing Committee of the National Assembly and removal from the 15^th National Assembly;

4. Resolution on election of members of the Standing Committee of the National Assembly, Secretary General of the National Assembly for the 2021 - 2026 term;

5. Resolution on approval for the Prime Minister's proposal to dismiss the Minister of Finance and the Minister of Transport for the 2021-2026 term;

6. Resolution on approval for the Prime Minister's proposal to elect the Minister of Finance and the Minister of Transport for the 2021-2026 term;

7. Resolution on approval for proposal made by the Chief Justice of the Supreme People's Court to elect Judges of the Supreme People’s Court;

8. Resolution on Socio-Economic Development Plan for 2025;

9. Resolution on 2025’s state budget estimate;

10. Resolution on Distribution of Central Government Budget in 2025;

11. Resolution on pilot settlement of evidence and assets during investigation, prosecution and trial of some criminal lawsuits and cases;

12. Resolution on pilot implementation of commercial housing projects through agreements on receipt of land use rights or upon having land use rights;

13. Resolution on specific mechanisms for and policies on removal of difficulties in and obstacles to projects and land mentioned in conclusions of inspection and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa Province;

14. Resolution on the Organization of Urban Government in Hai Phong City;

15. Resolution on establishment of Hue city that is a central-affiliated city;

16. Resolution on approval for investment guidelines of the National Target Program for Cultural Development for the period of 2025 - 2035;

17. Resolution on approval for investment guidelines of the National Target Program for drug prevention and control by 2030;

18. Resolution on investment guidelines for North - South high-speed railway project;

19. Resolution on continuation in improvement of effectiveness and efficiency in implementation of policies and laws on management of real estate market and development of social housing;

20. Resolution on interpellation at the 8^th Session, 15^th National Assembly;

21. Resolution on the 8^th session, the 15^th National Assembly.

III. Bills initially commented by the National Assembly

1. Law on Digital Technology Industry;

2. Law on Chemicals (amended);

3. Law on Teachers;

4. Law on Management and Investment of State Capital in Enterprises;

5. Law on Corporate Income Tax (amended);

6. Law on Special Excise Duties (amended);

7. Law on Employment (amended);

8. Law on amendments to some articles of Law on Supervisory Activities of the National Assembly and People’s Councils;

9. Law on amendments to some articles of Law on Advertising;

10. Law on amendments to some articles of Law on Technical Regulations and Standards;