No regulation on the establishment of People's Inspectorate in private enterprises

On the morning of November 10, the National Assembly voted to approve the project.Law on Democracy Practiceat the grassroots level with 443/455 delegates present in favor (accounting for 88.96% of the total number of National Assembly delegates).

National Assembly delegates voted to pass the draft Law on Implementing Democracy at Grassroots Level.

2 times asking for opinions of National Assembly delegates

Presenting the report on explanation, acceptance and revision of the draft law, Chairman of the Law Committee Hoang Thanh Tung said that there are still different opinions on the implementation of grassroots democracy in organizations that employ workers, so to ensure caution and create high consensus and unity in the National Assembly, the National Assembly Standing Committee has directed the Secretary General of the National Assembly to send ballots to ask for opinions from National Assembly deputies.

The synthesis of results showed that the opinions of National Assembly deputies on the options were not highly concentrated, so immediately afterwards, the National Assembly Standing Committee held a meeting to consult with relevant agencies and organizations.

Afterwards, the National Assembly Standing Committee directed the reception and revision of the draft Law in the direction that the implementation of democracy at the grassroots level is regulated by many legal documents. In particular, the Law on Implementation of Democracy at the Grassroots Level focuses on regulating the implementation of democracy in communes, wards, towns, state agencies, public service units and state-owned enterprises.

For enterprises and other organizations that hire and use labor under labor contracts in the non-state sector, they must comply with the general provisions in Chapter I of this Law (such as principles, scope and measures to ensure the implementation of democracy at the grassroots level, rights and obligations of citizens in implementing democracy at the grassroots level, prohibited acts and handling of violations of the law on implementing democracy at the grassroots level) and at the same time refer to the implementation of the law on labor and other relevant legal provisions on implementing democracy at the workplace (Article 82).

The above acceptance plan has been carefully and thoroughly considered by the National Assembly Standing Committee on many aspects and received consensus from the Government, representatives of the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, and the Vietnam Confederation of Commerce and Industry (VCCI).

Synthesizing the opinions of National Assembly deputies (second time) shows that 344/498 deputies gave opinions, of which 307/344/498 deputies (equal to 89.24% of the total number of National Assembly deputies giving opinions and 61.65% of the total number of National Assembly deputies) agreed with the provisions as in the draft Law.

Vice Chairman of the National Assembly Nguyen Khac Dinh emphasized that this is an important law project of the term and it is rare for a law project to require the National Assembly's opinions twice. This demonstrates the democracy and prudence of the National Assembly.

No regulation on the establishment of People's Inspection Committee in non-state enterprises

Regarding the establishment of the People's Inspectorate and the name of the People's Inspectorate, based on the opinions of the majority of National Assembly deputies, the National Assembly Standing Committee has revised the draft Law in the direction of continuing to regulate the establishment of the People's Inspectorate in communes, wards, towns, state agencies, public service units and state-owned enterprises as at present; not regulating the establishment of the People's Inspectorate in enterprises and other organizations that employ workers in the non-state sector.

Because the issue of renaming this institution has not received high consensus and unanimity, the National Assembly Standing Committee requests the National Assembly to keep the current name "People's Inspection Committee", but the functions and tasks of this committee include inspection and supervision as the opinions of National Assembly deputies.

National Assembly deputies congratulated when the bill was passed at the 4th Session.

Regarding the Community Investment Supervision Board, Chairman of the Law Committee Hoang Thanh Tung said that there were opinions suggesting that it is necessary to study and supplement the functions, tasks and powers of this board. Other opinions said that the provisions on tasks as drafted are quite large, not commensurate with the number, capacity and qualifications of the Board members, leading to difficulties in undertaking the tasks in practice.

The National Assembly Standing Committee believes that the activities of the Community Investment Supervision Board mainly focus on monitoring and inspecting the compliance with legal regulations of investors on land boundaries and land use, detailed site planning, architectural and construction plans, waste treatment, environmental protection; the implementation status and progress of programs and projects; the implementation of information disclosure during the investment process, etc., without going into detailed and technical issues.

On that basis, detect acts that harm the interests of the community, negatively impact the living environment of the community or acts that cause waste or loss of capital and assets of the State and the community.

These are not new regulations but inherit the provisions of the Law on Public Investment, the Law on Investment under the Public-Private Partnership (PPP) method, Decree No. 84/2015/ND-CP, Decree No. 29/2021/ND-CP of the Government. Therefore, the draft incorporates and revises the provisions on the duties and powers of the Community Investment Supervision Board similar to the provisions of Decree No. 29/2021/ND-CP of the Government.

This Law comes into force from July 1, 2023./.