Legal basis for the Government to apply urgent measures to prevent and combat the COVID-19 epidemic

Recently, National Assembly Chairman Vuong Dinh Hue signed and issued Resolution 268 of the National Assembly Standing Committee on allowing the Government to issue a Resolution with some contents different from the provisions of the law to meet the requirements of prevention and control.COVID-19.

Accordingly, the Government is allowed to implement 4 contents other than those prescribed by current laws. It can be said that the issuance of this Resolution is extremely necessary and urgent in the context of the COVID-19 epidemic which is becoming increasingly complicated and unpredictable in many provinces and centrally-run cities, especially Ho Chi Minh City and the southern provinces.

First, the decision to establish and grant operating licenses to facilities for receiving and treating people infected with COVID-19. The validity period of this content only lasts until December 31, 2022 and only applies in urgent cases of COVID-19 prevention and control, depending on the practical conditions and epidemic response scenarios of each locality.

This content is different from Article 42 of the Law on Medical Examination and Treatment, the operating conditions of medical examination and treatment facilities, including the Decision on establishment of a competent state agency and the operating license issued by the Minister of Health, Minister of National Defense or Director of the Department of Health.

Second, the Ministry of Health is assigned to prescribe administrative procedures in the circular according to the simplified procedure to meet the urgent requirements of epidemic prevention and control work.

This content is different from the provisions of the Law on Promulgation of Legal Documents. According to the provisions of Clause 4, Article 14 of the Law on Promulgation of Legal Documents, the provision of administrative procedures in circulars is among the prohibited acts, except in cases assigned by the law or resolution of the National Assembly. Clause 3, Article 47 of the Law on Promulgation of Legal Documents stipulates that the application of the simplified procedure in the drafting of Circulars is decided by the Prime Minister.

Third, the Standing Committee of the People's Council shall decide on matters under the authority of the People's Council and report to the People's Council at the nearest session. This content is different from the provisions of the Law on Organization of Local Government and Resolution No. 629 of the National Assembly Standing Committee.

Fourth, the Government continues to direct the implementation in the direction that the state budget is responsible for paying all medical examination and treatment costs directly related to COVID-19 treatment. For COVID-19 patients with other diseases, payment of medical examination and treatment costs for these patients must be implemented in accordance with the provisions of the Law on Prevention and Control of Infectious Diseases, the Law on Health Insurance and other relevant regulations.

This content is different from the provisions in Clause 2, Article 48 and Clause 2, Article 60 of the Law on Prevention and Control of Infectious Diseases, people with group A epidemic diseases are examined and treated free of charge; the budget for prevention and control of infectious diseases cannot be used for other purposes.

Many National Assembly deputies said that Resolution 268 of the National Assembly Standing Committee on allowing the Government to implement 4 contents other than those prescribed by current laws creates a solid legal basis for the Government to apply urgent measures to prevent and combat the COVID-19 pandemic. Previously, at the First Session of the 15th National Assembly, the National Assembly issued a joint Resolution of the session allowing the Government to apply urgent and specific measures other than those prescribed by law or not yet prescribed by law to meet the requirements of preventing and combating the COVID-19 pandemic.

Mr. Do Duc Duy, Secretary of Yen Bai Provincial Party Committee, National Assembly delegate of Yen Bai province, said that the issuance of Resolution 268 has timely concretized one step of the tasks assigned in the National Assembly Resolution on epidemic prevention and control: "This has demonstrated the companionship, understanding and sharing of the National Assembly with the Government and the people of the whole country. I highly appreciate the proactive and flexible management of the National Assembly Chairman and leaders. This is a decision in accordance with the actual development of the epidemic."

"Prevention and control of epidemics requires flexible, timely, drastic decisions and responsibility to the people. This is a very reasonable decision, both politically and legally. This decision is highly appreciated by the people and National Assembly deputies. All of this demonstrates the flexibility, responsiveness, responsibility, and companionship of the National Assembly with the Government in the work of preventing and controlling epidemics. All for the benefit of the people, for the safety and development of the country." - delegate Trinh Xuan Lan shared.

Ms. Nguyen Thanh Hai, Secretary of the Thai Nguyen Provincial Party Committee, National Assembly delegate of Thai Nguyen province, said that the National Assembly Standing Committee's regulation assigning the Standing Committee of the People's Council to decide on issues under the authority of the People's Council and report to the People's Council at the nearest session on epidemic prevention and control is consistent with the actual context. When many localities have to implement strict epidemic prevention and control measures such as limiting large gatherings or implementing social distancing, etc.

"We will also use that as a basis to build more effective programs for the locality, to create open mechanisms, to prevent and control the epidemic better, more effectively and to reduce administrative procedures without violating the provisions of the law" - Secretary of Thai Nguyen Provincial Party Committee said.

National Assembly deputies also suggested strengthening the leadership and strict inspection of local Party committees in the implementation of Resolution 268, avoiding the abuse of this regulation to decide on contents that are not really urgent and not directly related to the work of preventing and fighting the COVID-19 pandemic./.