VietNamNet Bridge – Provincial authorities now tend to make decisions of their own under the decentralization mechanism. However, in many cases, their decisions come contrary to the nation’s laws.
The Legal Document Examination Department under the Ministry of Justice has sent a dispatch to the Da Nang City People’s Council, requesting the city’s authorities to abrogate the decisions stipulated in the Resolution No. 23 of the Da Nang City People’s Council.
| The Da Nang City People's Committee's head office |
The controversial resolution stipulated that the local authorities would halt the permanent residence registration for a certain period, and the students driving motorbikes when they are not old enough would see their motorbikes seized for 60 days. Besides, the local authorities have also decided not to accept the business registration from pawnshops for a certain period.
The Ministry of Justice has affirmed that there is no article in the current laws which allows provincial people’s council to stop the effect of the Residence Law, which may prevent citizens from enjoying the legal interests given to them by the National Assembly.
Similarly, the ministry has also pointed out that the decisions relating to the motorbike seizing and pawnshops does not come within the competence of the provincial people’s council.
Da Nang City has been well-known for a lot of new policies it promulgated recently. However, many of its regulations have made it more complicated for people to implement the national policies and laws.
The Legal Document Examination Department seems to get busier recently. In 2011, the department also pointed out the problems in the documents released by the Ninh Thuan provincial authorities on the compensation levels for site clearance when the State takes back land from people, and the documents released by the Quang Tri provincial authorities on the transport fees
A recent report by the Ministry of Justice pointed out that 3600 of documents released by local authorities out of the 44,600 examined documents showed the signs of law violations on the form, content, and jurisdiction. Of this amount, 1000 documents have been found as containing the regulations coming contrary to the current laws.
Another decision by the Da Nang authorities has also been put under probe. The city has decided to give 5 million dong per person to some police officers, in order to help improve the living standards of policemen and prevent corruption and bribery.
Professor Nguyen Mai, a well-known economist, violently criticized the decision at the meeting with government officials in mid March, saying that this is an unreasonable decision in the context of the national economic difficulties. What will happen if all branches and provinces apply similar policies?
Mai, who was once the leader of the Hanoi People’s Committee and Ministry of Planning and Investment, has rung the alarm bell that local authorities are doing the works which come contrary to the government’s policies.
Quang Ninh province, for example, has set up an ambitious plan to attract 2.4 billion dollars worth of investment projects a year in the next five years. “I cannot imagine where the national economy would go to, if every province wants to have 2.4 billion dollars worth of investment a year,” Mai said.
Nguyen Quang A, a well-known economist, affirmed that the Quang Ninh provincial people’s committee has released an unreasonable decision when setting up the painting color for tourism boats on Ha Long bay. A said that the decision is violating the Enterprise Law.
However, ignoring the protests, the new regulation still has been applied.
Head of the Vietnam Economics Institute Tran Dinh Thien, once joked that Vietnam now has 63 provinces and cities, which means that it has 63 different economies.
Thien cited statistical figures as saying that Vietnam now has 100 seaports, including 20 international ports, 22 airports, including 8 international ones, 100 commercial banks, hundreds of finance and securities companies, 18 coastal economic zones, 27 border economic zones and 260 industrial zones, which have been formed up by the ambition of the local authorities.