Ba Dinhology
From: Mike High
Date: Sun, Oct 18, 2009 at 6:48 PM
Dear List,
Over the past year, I’ve seen a couple of news stories that reported on objections raised by political representatives to proposed legislation to be considered by the National Assembly. This was somewhat interesting, the more I thought about it.
As far as the National Assembly is concerned, I wonder if their votes reflect significant differences of opinion, or are near-unanimous approvals of laws and resolutions that have already been decided upon.
With respect to the last point, I noted on the English-language page of the National Assembly Web site:
“The bills which require public discussion are published and aired by the mass-media, so that the people and the state organs at all levels are able to have comment before presentation of those bills to the National Assembly.
All bills are discussed at the National Assembly session, first by groups of members, and then by all the members at a plenary session.
A bill becomes duly-adopted law when a single [simple?] majority of the Deputies to the National Assembly vote in favor of its adoption.”
I’m not sure what to make of this—how are bills disseminated through “mass-media” and by what mechanism can someone “comment before presentation of the bills to the National Assembly”?
I’ve asked around, but no one has been able to point me to a Web site that lists the bills that are under consideration, explains their provisions, or shows the number of votes for or against the bill.
Which brings me back to my original thought—are the final votes usually unanimous, to show “unity”? If so, how are legislative issues decided—is it through one of the councils or committees, and is council/committee approval sufficient for passage?
Any and all insights would be appreciated,
:: Mike High
Great Falls, Virginia
USA
----------
From: Bill Hayton
Date: Sun, Oct 18, 2009 at 7:17 PM
Dear Mike,
When I was trying to report events at the National Assembly (a while ago now, in 2006-7) I would be invited to a news conference before the start of each session at which the head of the National Assembly Office would present the list of the Bills to be discussed. This would be publicised in the media. I remember one such news conference which became quite heated as journalists - mainly from Tuoi Tre - demanded to be told how much time would be given to the PMU18 scandal and whether ministers would be held to account.
Covering the proceedings though was much more difficult, if not impossible, since the hearings were largely held in camera. At times all the official news agency report (VNA) would say was that a new law was composed of X articles and was Y pages long - as if that told us anything at all about the content. (I sometime wondered why VNA thought that that information was significant - did it imply a good law because it was short and simple or because it was long and detailed? I never found out.) As I recall, voting numbers were not made public.
I remember some laws that were announced but which never made it through the session. The most notable was the draft Law on Associations which was announced several times and is still not law even now. Others included the various attempts to legalise football betting which were proposed but not approved.
I tend to think of the Assembly as part-parliament, part-theatre, part-rubber-stamp. The exact proportions change over time.
Bill Hayton
(ex BBC Hanoi Reporter)
----------
From: David Brown
Date: Mon, Oct 19, 2009 at 6:11 AM
Mike, there's a lot more real news that gets into the public domain as a consequence of NA discussion than might be imagined. If a deputy raises an issue, the genie's out of the bottle. Hence the Vietnamese press will pay a lot of attention to the one-month NA session that starts tomorrow.
The National Assembly web page is randomly updated and regularly disappointing, both in English and Vietnamese. It was not until last Saturday that it confirmed that the legislature will convene on Tuesday. On the other hand, it's also possible to follow reports of committee meetings and standing committee meetings to track 'the action,' and thus to cobble together a report like the following, posted on VNNet Bridge (english.vietnamnet.vn) tonight. Regards, David Brown
National Assembly Reconvenes to Address Government’s Requests
VietNamNet Bridge – Vigorous debate is expected on establishment of a property tax, energy-saving, food safety, state-owned companies’ alleged misuse of budget funds and a number of other issues during the National Assembly’s month-long autumn session.
With a full plate of work, Vietnam’s National Assembly convenes for its autumn session on October 20. As usual, its members will hear reports from the Government on the economic outlook, social issues and the budget estimates for next year. Particular attention will be given to special reports on the Dung Quat (Quang Ngai province) oil refinery, the massive Son La hydropower project, plans to bring five million more hectares under cultivation, and the plan to build the Ho Chi Minh Highway, a major new north-south artery.
The Assembly will be asked to examine and approve the main elements of plans to build Vietnam’s first nuclear reactor at a site in Ninh Thuan province and another large hydropower station in Lai Chau province.
Apparently prompted by widespread concern about the uses to which state-owned companies have put funds from the national budget – for example resort development – the NA leadership announced on October 16 that it has scheduled a debate on the subject and arranged for it to be telecast live.
Individual members of the 493 member Assembly have the right to propose debate on any subject of public concern, and some do. At the NA’s spring session, considerable concern was expressed about the Central Highlands bauxite development projects. (An update on the controversial projects has reportedly been deferred to the spring 2010 session.)
NA sessions in recent years have featured vigorous and probing debate on draft laws. Members often question Government ministers sharply. On the agenda of this session, the current (12th) Assembly’s sixth, are debate and decisions on proposed revisions to a number of fundamental laws.
A number of these proposals attracted a good deal of public attention when they were discussed in committee meetings and sessions of the National Assembly’s Standing Committee. They include:
Property Tax Reform. The proposal would establish a progressive tax based on the construction cost of all buildings owned by one person. It is proposed by the Finance Ministry as ‘anti-speculation’ and is likely to be vigorously debated. The proposed tax is set at a level that is unlikely to impact most citizens, especially those living in rural areas. Residential land, houses, apartments and land for commercial purposes other than cultivation are currently not subject to property taxes.
A Law on Energy Efficiency. Relative to its neighbors as well as to the ‘developed’ countries, Vietnam uses an extraordinarily large of energy relative to its goods production, or GDP. This is in large part a legacy of the ‘central planning’ period prior to 1990. Hoping to slow growing demand for power, the Government is proposing to introduce energy use standards in various industries, vehicles and home appliances. The proposed legislation is likely to prompt wide ranging debate on various energy futures and associated impacts on Vietnam’s environment.
A Food Safety Law. The NA’s Science, Technology and Environment Committee has been working with Government agencies on the design of a bill that will address the duties of ‘individuals and organizations in the food supply chain,’ address safety standards for food and clarify local officials’ responsibility for the management of ‘street food’ vendors.
Taxes on the Exploitation of Natural Resources (Severance Taxes). Fees for the right to mine minerals, log forests, etc. are currently established by ordinance. The proposed Law would set a percentage range for taxes on each category of resource.
A Law on (protection of) Handicapped Persons. No details have yet been made public.
Revision of the Law on Adoptions. On the heels of the spectacular trial in Nam Dinh province of a ring of ‘baby-sellers’ serving the demand of would-be adoptive parents in other countries and the decision of several countries to suspend adoptions from Vietnam, the discussion of these amendments will surely attract considerable attention.
Amendments to the Corporate Income Tax Law. Details are as yet unknown.
VNS/ NA website/VietNamNet
------------------------
From: Sidel, Mark
Date: Mon, Oct 19, 2009 at 6:42 AM
A very significant amount of material relating to draft laws, drafting committee reports on them, NA committee reports on them, and discussions, is posted on vibonline, http://www.vibonline.com.vn/vi-VN/Drafts/default.aspx and related pages. The VIB site has become a very important source for research on the drafting process and policy debates through legal regulation.
The main goverment and ministry websites now regularly post draft regulations of various kinds as well. On specific laws, the press can do a good job in reporting on the important pre-NA, drafting and discussion debates as well, as recent reporting on the disability law and others shows.
As an example of what can be gleaned from the webpages of draft legal documents, donors watching the Ministry of Science and Technology draft regulation webpage carefully would see that there is a contributory, useful follow-up to the Decision 97 debacle that is potentially available for a smart and entrepreneurial donor.
The basic message is that there's an enormous amount more out there and available than what may appear on the NA site.
Mark Sidel
From: vsg-bounces@mailman2.u.washington.edu [vsg-bounces@mailman2.u.washington.edu] On Behalf Of David Brown [nworbd@gmail.com]
Sent: Monday, October 19, 2009 9:11 AM
To: Vietnam Studies Group
Subject: Re: [Vsg] Ba Dinhology
Mike, there's a lot more real news that gets into the public domain as a consequence of NA discussion than might be imagined. If a deputy raises an issue, the genie's out of the bottle. Hence the Vietnamese press will pay a lot of attention to the one-month NA session that starts tomorrow.
The National Assembly web page is randomly updated and regularly disappointing, both in English and Vietnamese. It was not until last Saturday that it confirmed that the legislature will convene on Tuesday. On the other hand, it's also possible to follow reports of committee meetings and standing committee meetings to track 'the action,' and thus to cobble together a report like the following, posted on VNNet Bridge (english.vietnamnet.vn) tonight. Regards, David Brown
National Assembly Reconvenes to Address Government’s Requests
VietNamNet Bridge – Vigorous debate is expected on establishment of a property tax, energy-saving, food safety, state-owned companies’ alleged misuse of budget funds and a number of other issues during the National Assembly’s month-long autumn session.
With a full plate of work, Vietnam’s National Assembly convenes for its autumn session on October 20. As usual, its members will hear reports from the Government on the economic outlook, social issues and the budget estimates for next year. Particular attention will be given to special reports on the Dung Quat (Quang Ngai province) oil refinery, the massive Son La hydropower project, plans to bring five million more hectares under cultivation, and the plan to build the Ho Chi Minh Highway, a major new north-south artery.
The Assembly will be asked to examine and approve the main elements of plans to build Vietnam’s first nuclear reactor at a site in Ninh Thuan province and another large hydropower station in Lai Chau province.
Apparently prompted by widespread concern about the uses to which state-owned companies have put funds from the national budget – for example resort development – the NA leadership announced on October 16 that it has scheduled a debate on the subject and arranged for it to be telecast live.
Individual members of the 493 member Assembly have the right to propose debate on any subject of public concern, and some do. At the NA’s spring session, considerable concern was expressed about the Central Highlands bauxite development projects. (An update on the controversial projects has reportedly been deferred to the spring 2010 session.)
NA sessions in recent years have featured vigorous and probing debate on draft laws. Members often question Government ministers sharply. On the agenda of this session, the current (12th) Assembly’s sixth, are debate and decisions on proposed revisions to a number of fundamental laws.
A number of these proposals attracted a good deal of public attention when they were discussed in committee meetings and sessions of the National Assembly’s Standing Committee. They include:
Property Tax Reform. The proposal would establish a progressive tax based on the construction cost of all buildings owned by one person. It is proposed by the Finance Ministry as ‘anti-speculation’ and is likely to be vigorously debated. The proposed tax is set at a level that is unlikely to impact most citizens, especially those living in rural areas. Residential land, houses, apartments and land for commercial purposes other than cultivation are currently not subject to property taxes.
A Law on Energy Efficiency. Relative to its neighbors as well as to the ‘developed’ countries, Vietnam uses an extraordinarily large of energy relative to its goods production, or GDP. This is in large part a legacy of the ‘central planning’ period prior to 1990. Hoping to slow growing demand for power, the Government is proposing to introduce energy use standards in various industries, vehicles and home appliances. The proposed legislation is likely to prompt wide ranging debate on various energy futures and associated impacts on Vietnam’s environment.
A Food Safety Law. The NA’s Science, Technology and Environment Committee has been working with Government agencies on the design of a bill that will address the duties of ‘individuals and organizations in the food supply chain,’ address safety standards for food and clarify local officials’ responsibility for the management of ‘street food’ vendors.
Taxes on the Exploitation of Natural Resources (Severance Taxes). Fees for the right to mine minerals, log forests, etc. are currently established by ordinance. The proposed Law would set a percentage range for taxes on each category of resource.
A Law on (protection of) Handicapped Persons. No details have yet been made public.
Revision of the Law on Adoptions. On the heels of the spectacular trial in Nam Dinh province of a ring of ‘baby-sellers’ serving the demand of would-be adoptive parents in other countries and the decision of several countries to suspend adoptions from Vietnam, the discussion of these amendments will surely attract considerable attention.
Amendments to the Corporate Income Tax Law. Details are as yet unknown.
VNS/ NA website/VietNamNet
----------
From: David Marr
Date: Mon, Oct 19, 2009 at 3:47 PM
For the past two decades, each time I have met someone in Vietnam with an interest in the National Assembly, I have suggested the need for a `Hansard', or what those of you in America call a Congressional Record. Mme Ngo Ba Thanh saw the point immediately, and we even approached the Australian government about funding such an effort. The idea was not well received by Party leaders, however. Maybe times have changed?
David Marr
----------
From: Lan Van Nguyen
Date: Mon, Oct 19, 2009 at 5:55 PM
Thanks Mark for pointing out the VCCI website. I agree it is very useful. Also I thought some of you might be interested in having a look at the Vietnam Business Forum (VBF) website: www.vbf.org.vn
VBF is an on-going structured dialogue between the Vietnamese Government and the Business Community
. The Forum is co-chaired by Ministry of Planning and Investment, the World Bank and IFC in Vietnam. You can download comments/ recommendations from representatives of the business community on draft laws/ legal documents and policies.
____________________________________________________________________________________________
Lan Nguyen Van
Vietnam Projects Manager, Business Enabling Environment
IFC Advisory Services, Mekong Region
----------
From: Sidel, Mark <mark-sidel@uiowa.edu>
Date: Wed, Oct 21, 2009 at 4:04 AM
To: Vietnam Studies Group <vsg@u.washington.edu>
To my knowledge - others working directly with the NA should also comment - there is no available Hansard/Congressional Record for the full NA sessions, or for Standing Committee sessions, or for committee meetings. Detailed records of proceedings are produced for internal use, of course, and at times become available privately. And the sometimes extensive TV coverage of NA debates and of the ever popular questioning of government officials, when transcribed, is a kind of selected, abbreviated, edited record of some proceedings - not what David Marr refers to, of course, but valuable nonetheless.
As mentioned earlier (VIBOnline, etc.) legal documents are much easier to come by than in the past, particularly draft laws and other draft legal documents, drafting committee reports, and NA committee reports on draft legislation. These three types of documents are invaluable for our admittedly still limited understanding of the legislative and regulatory process.
I'd be surprised if the continuing idea of a Hansard/CR has not come up among the core donors to NA-related activity, both multilateral and bilateral.
Ngo Ba Thanh understood and spoke forcefully on a number of important legal and legislative matters earlier than others.
Mark Sidel