Clear regulations to prevent arbitrary amnesty

Supplementing provisions on self-defense measures in special cases

This is the proposal of Deputy Head of the National Assembly Delegation of Nghe An, Tran Van Mao, when speaking at the discussion hall about the draft Law on Cyber ​​Security on the morning of May 29.

Deputy Head of the Provincial National Assembly Delegation Tran Van Mao spoke at the hall. Photo: Huyen Thuong

Accordingly, regarding cybersecurity protection for national cyberspace infrastructure and international network gateways, delegate Tran Van Mao proposed adding regulations on self-defense measures ready in special cases, such as the risk of State secrets and national defense and security secrets being revealed or leaked into cyberspace, which is harmful to national security, international gateways can be completely closed or restricted to prevent access from the outside to the systems within Vietnam.

Delegate Tran Van Mao also suggested that the drafting committee should study the contents of the draft to avoid overlapping with other laws such as the Law on Network Information Security, the Law on Cryptography, etc.

Regarding cybercrime, the Deputy Head of the National Assembly Delegation of Nghe An proposed to revise: "Cybercrime is the act of using cyberspace, information technology, and electronic means to commit crimes according to the provisions of the 2015 Penal Code" to be more specific and accurate.

Regarding the provisions in Article 15 of the draft Law on Cyber ​​Security on "Prevention and handling of information on cyberspace containing propaganda against the Socialist Republic of Vietnam; inciting riots, disrupting security, disturbing public order; insulting, slandering; violating economic management order", some delegates said that it is necessary to clearly define the subject of assessing whether the content of such information is a violation or not?

Responding to this opinion at the meeting, Colonel Nguyen Huu Cau - Director of Nghe An Provincial Police said that all documents collected online by the investigation agency must be appraised. If they are related to the field of a ministry or branch, that ministry or branch will appraise them and that is the basis for implementation.

Colonel Nguyen Huu Cau speaks at the conference hall. Photo: Huyen Thuong

Regarding the issue of establishing representative offices for foreign enterprises when providing internet telecommunications services in Vietnam, delegates said that the provisions of the draft Law are consistent with the provisions of Vietnamese law such as the 2005 Commercial Law, the 2017 Foreign Trade Law, Decree 28/2018 of the Government; and at the same time consistent with international practices.

Speaking at the Hall, the majority of delegates agreed with the necessity of enacting the law to meet urgent requirements of the domestic cyber security situation, the need to protect national security, state secrets, social order and safety, the rights and legitimate interests of organizations and individuals, in accordance with international practices and the provisions of the Constitution.

Earlier, the same morning, the National Assembly listened to Minister of Education and Training Phung Xuan Nha, authorized by the Prime Minister, present the Proposal for the Law on amending and supplementing a number of articles of the Law on Education. Chairman of the National Assembly's Committee on Culture, Education, Youth, Adolescents and Children Phan Thanh Binh presented the Report on the examination of the Law on amending and supplementing a number of articles of the Law on Education.

Clearly define the role of execution when granting amnesty

On the same afternoon, the National Assembly discussed in groups the draft Law on Vietnam Coast Guard and the draft Law on Amnesty.

Speaking at the group discussion session, Major General Nguyen Sy Hoi - Deputy Commander of Military Region 4 agreed with the draft law on the Vietnam Coast Guard as well as the review report of the National Defense and Security Committee.

In addition, delegate Nguyen Sy Hoi also proposed that the draft law should determine the position and organizational structure of the Coast Guard in the Vietnam People's Army; clarify the role of the Coast Guard in participating in building the national defense and security posture at sea.

Regarding the draft Law on Amnesty, delegate Nguyen Huu Cau proposed explaining the terms "important events" and "special cases" to apply amnesty; explaining the term "great achievements" to prevent arbitrariness when putting subjects into amnesty; adding a record of confirmation of good compliance with regulations on temporary detention and temporary imprisonment when conducting amnesty; clearly defining the role and function of the enforcement agency in implementing the amnesty process.

Delegate Hoang Thi Thu Trang - Director of the Provincial Civil Judgment Enforcement Department suggested that the draft Law should have clear regulations on the implementation of judgment enforcement obligations and civil compensation for foreigners to ensure feasibility and responsibility for compensation for corruption crimes...