Should an advisory board be established to control power in the special economic zones?

This morning (April 4th), the Standing Committee of the National Assembly held a conference of full-time National Assembly deputies to discuss the draft Law on Special Economic Zones of Van Don, Bac Van Phong, and Phu Quoc. The revised draft comprises 6 chapters, 88 articles, and 6 appendices. One of the issues that received much discussion was the organization of local government levels and whether or not there should be an advisory board to support the development of the special economic zones.

Presenting the report on the amendments and revisions to the draft law, the Chairman of the Legal Committee, Nguyen Khac Dinh, stated that the revised model of local government organization in the special zone ensures compliance with the provisions of the Constitution, the conclusions of the Central Committee Conference, and the directives of the Politburo.

To strengthen control over the activities of local government agencies in the special zone, especially in the implementation of tasks and powers of higher-level state agencies delegated to the Chairman of the People's Committee of the special zone by this law, the draft law adds a provision establishing a specific central control mechanism located in each special zone through a Special Zone Development Advisory and Support Board established by the Prime Minister.

Mr. Nguyen Khac Dinh also added that the functions, tasks, and activities of this Committee do not overlap with the advisory and support functions of specialized agencies under the special administrative region's government, the supervisory function of the Special Administrative Region's People's Council, or the direction of the National Steering Committee on the construction of Special Administrative Region units.

"The addition of this mechanism is also about learning from the experiences of other countries to test new, specific methods of power control, commensurate with the superior authority of the local government in the special zone," said Mr. Nguyen Khac Dinh, adding that there are opinions suggesting that the establishment of a new organization such as the Advisory and Support Board for the Development of the Special Zone is inconsistent with the policy of streamlining the apparatus and reducing personnel according to Resolution 6 of the 12th Central Committee.

Citing regulations on the organizational structure and powers of the Advisory and Support Board for the development of special economic zones, as well as the responsibilities and obligations of the Chairman and the People's Committee of the special economic zone, Representative To Van Tam - Deputy Head of the Standing Delegation of the National Assembly of Kon Tum province - argued that requiring the opinion of this Board before a decision is inappropriate.

"Now that it has been established that there are levels of government, supervision will come from the People's Council, provincial level, National Assembly, and socio-political organizations... Adding a Special Economic Zone Development Support Advisory Board would inadvertently diminish the proactive nature of the zone and create more constraints on the People's Committee and its Chairman. Therefore, this board is unnecessary," Mr. To Van Tam stated.

Representative Do Thi Lan, Head of the Quang Ninh Provincial Delegation of National Assembly Deputies, also expressed her disagreement with the regulations regarding the Advisory Board for the Development of Special Economic Zones. For example, she pointed out that if the Chairman of the Special Economic Zone People's Committee disagrees with the Advisory Board's opinion, he must provide a written explanation stating the reasons. This step could potentially hinder and slow down the performance of duties by the Chairman and the People's Committee of the Special Economic Zone.

Furthermore, establishing the Committee within the special economic administrative unit is inconsistent with the Central Government's policy on streamlining the organizational structure and does not facilitate the effective performance of the People's Committee and the Chairman of the People's Committee of the special zone. Therefore, delegate Do Thi Lan proposed not establishing the Advisory Committee to support the development of special zones in these special zones.

Expressing a different viewpoint, Representative Hoang Quang Ham - Standing Member of the National Assembly's Finance and Budget Committee - argued that the establishment of the Development Support Advisory Board is a new approach to monitor and balance power, given the significant authority granted to special-purpose entities. Accordingly, major issues should be addressed through this Board, avoiding a situation where actions are taken and then officials are punished only when violations occur.

"In cases where the People's Committee disagrees with the opinion of the Development Support Advisory Board, a written explanation should be provided to ensure oversight by higher authorities. If necessary, higher authorities can intervene directly to prevent negative consequences," said delegate Hoang Quang Ham.

The draft law stipulates the organization of local government levels (i.e., comprising the People's Council and the People's Committee, but without a chief of the special administrative region). Many opinions expressed support and emphasized that this is consistent with the Constitution. The number of representatives in the People's Council of the special administrative region not exceeding 15 also reflects the view of streamlining the organization; however, according to representatives, there is a need for specific regulations on the proportion of full-time representatives or the number of full-time representatives.