National Assembly passes Law on Capital City (amended)

The Law on the Capital (amended) consists of 7 Chapters with 54 Articles, clearly defining the position and role of the Capital; policies and responsibilities for building, developing, managing and protecting the Capital. The Law takes effect from January 1, 2025, except for the case specified in Clause 2, Article 54, which takes effect from July 1, 2025.

Before voting for approval, the National Assembly listened to the Chairman of the National Assembly's Law Committee Hoang Thanh Tung present a report explaining, accepting and revising the draft Law on the Capital (amended). Based on the opinions of the National Assembly deputies, the draft Law was reviewed and revised in the direction of regulating the organizational structure and tasks and powers of the authorities at all levels in Hanoi city, not only in accordance with the provisions of the Law on the Capital but also the provisions of the Law on Organization of Local Government; supplementing the authority of the Ward People's Committee in deciding on contents that, according to the provisions of other legal documents, must be decided by the People's Council at the commune level or must be approved by the People's Council at the commune level before deciding or submitting to competent authorities for consideration and decision.

At the same time, along with regulations on decentralization and delegation of authority between levels of government of Hanoi city, the draft Law has added regulations on decentralization and delegation of authority by the Government, Prime Minister, ministries and branches to agencies of Hanoi city to concretize the policy of promoting decentralization and delegation of authority.

According to the Chairman of the Law Committee, regarding policies on construction, development, management, protection of the Capital and mobilization of resources for the development of the Capital, the National Assembly Standing Committee has received and revised regulations on management and use of land at river banks and floating banks on diked rivers, ensuring compliance with planning and requirements for flood prevention and control.

The National Assembly Standing Committee has also reviewed cases requiring urban renovation and beautification projects to ensure no duplication; removed the regulation assigning the City People's Committee to organize the sale of old houses; and re-expressed in the direction of assigning the People's Council to specify the conditions, order, and procedures for implementing urban renovation and beautification projects in the city. At the same time, the draft Law has added a regulation assigning the City People's Committee to specify the order and procedures for recognizing and revoking the decision to recognize high-quality educational institutions, the assessment, inspection, and ensuring the maintenance of the quality of high-quality educational institutions to ensure feasibility and strictness in the implementation process.

Regarding policies for Hoa Lac High-Tech Park, the National Assembly Standing Committee has revised regulations related to land allocation and lease forms, land allocation and lease authority, and land management in Hoa Lac High-Tech Park to be both consistent with reality and connected with the provisions of the 2024 Land Law, avoiding causing too much disruption in this field in Hoa Lac High-Tech Park.

According to Mr. Hoang Thanh Tung, regarding controlled testing, the draft Law has been accepted and revised in the direction of: not allowing testing in areas that directly affect national defense and security, and areas of human gene modification and editing; setting out principles to limit groups of legal regulations that organizations and enterprises conducting controlled testing may be allowed to not apply, on that basis, the City People's Council will decide on the scope of non-application of legal regulations in accordance with each specific project as well as the requirements and purposes of testing...

Regarding the regulations on the application of measures to stop the supply of electricity and water services, the Standing Committee of the National Assembly has directed a thorough review and supplementation of cases applying these measures to remedy violations of the law on fire prevention and fighting in the city in the past; supplementing transitional regulations on the responsibility to supplement electricity and water service supply contracts signed before the effective date of this Law...

The Chairman of the Law Committee stated that since the Capital Law only stipulates specific mechanisms and policies, demonstrating strong decentralization for the Hanoi city government, in addition to this Law, the Capital is still subject to the regulation of other laws and documents in the overall legal system. Therefore, the National Assembly Standing Committee would like to acknowledge the dedicated, accurate and responsible opinions of the National Assembly deputies to continue studying and directing the review, amendment and supplementation of relevant laws, ordinances and resolutions to perfect the legal system in the coming time. At the same time, together with the Government, the Hanoi city government will continue to thoroughly grasp the process of issuing detailed regulations, implementing instructions and organizing the implementation of the Capital Law.