Capital Law (Amendment) reviewed to clarify the allocation of powers among Hanoi’s People’s Council, People’s Committee, and the Chair of the City People’s Committee

On April 15, at the National Assembly Building, under the leadership of Deputy Speaker Nguyen Khac Dinh, the Standing Committee of the National Assembly gave opinions on the explanation, acceptance, and amendment of the draft Capital City Law (amendment).

Deputy Minister of Justice Nguyen Thanh Tu said at the first session of the first plenary session, the National Assembly discussed the draft Capital City Law (amendment). In response to the comments of the deputies, the Government reported that major contents had been absorbed and revised, including a comprehensive review of the draft; ensuring the contents in the draft law are specialized, outstanding, and do not reiterate provisions in other legal documents.

Representing the examining body, Chairman Phan Chi Hieu said the Standing Committee basically agreed with the main directions as well as many contents for explanation, absorption, and revision of the draft Capital City Law.

Standing Committee proposals for further study and revision

The Standing Committee proposed that agencies continue to study to absorb and revise certain contents as follows:

1. Add a provision to assign Hanoi City People’s Council to decide on applying the law when texts have priority provisions for the same issue to ensure clarity and a practical basis for implementation.
2. Continue reviewing Chapter II on the organization of the apparatus and the civil service regime to ensure consistency with the current legal system, especially the Law on Organization of Local Government, avoiding duplication, inconsistency, or provisions narrower than the general provisions.
3. Review provisions to ensure full institutionalization of the requirement to “increase the powers of the Chairman of the People’s Committee at all levels” and the principle of clearly delineating powers between the People’s Council, the People’s Committee, and the Chairman of the City People’s Committee as set out in Resolution No. 02-NQ/TW.
4. Not regulate exemptions from legal liability in the city’s pilot resolution, because it relates directly to administrative, civil, and criminal liability; instead, review and fully specify the objects to be exempted and clearly specify the mechanism and content of application at Article 34 of the draft to ensure tightness, transparency, and consistency in implementation.
5. Clearly delineate the scope of application for Article 11 on planning and zoning for underground spaces, low-, mid-, and high-rise spaces, and the rights and legitimate interests of users. The UBND regulates measures for management, exploitation, and use to ensure consistency with the principle of power delineation and alignment with each agency’s functions and duties.
6. Review and clarify Article 16 on developing education and training to delineate responsibility between the City and central state authorities; clarify the necessity of giving the City People’s Committee the power to issue its own education program for institutions with multiple levels.
7. Continue reviewing Article 17 on developing the health system and social welfare; ensure consistent use of concepts and terminology according to the law. For content not absorbed, provide clear, persuasive explanations of policy content and feasibility in implementation.
8. Clarify the scope for delayed projects in Clause 6 of Article 22; continue to update to ensure consistency with mechanisms for handling idle projects related to land law. Consider provisions so that for large projects implemented after the Capital Law takes effect, the default is to apply Resolution 258/2025/QH15, with HĐND only deciding to apply the Capital Law provisions if it is more advantageous to avoid administrative procedures.
9. Review and unify provisions on applying the Capital Law to localities participating in regional development to ensure the capital’s coordinating role and the transparency and proactive approach of each locality in promulgating and applying the law.