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NA policymakers engage in final civil law debates

Update: October, 26/2015 - 08:54
Many NA deputies gave comments on the protection of civil rights in articles 2, 5, 6 and 14 in draft amendments. They agreed that the protection of civil rights by authorised agencies should be regulated to institutionalise the Constitution on ensuring human and citizen's rights. — File Photo

HA NOI (VNS) — National Assembly deputies on Saturday convened a final discussion before adopting the draft amendments to Civil Code during the 10th session in Ha Noi.

Many NA deputies gave comments on the protection of civil rights in articles 2, 5, 6 and 14 in draft amendments. They agreed that the protection of civil rights by authorised agencies should be regulated to institutionalise the Constitution on ensuring human and citizen's rights.

Several others suggested the application of practices and doctrines of equality and equivalents to be in line with the regulation that a judge conducts trials independently in accordance with the law.

Several deputies also asked for clarification of practices, legal equivalents, case law, doctrines of equality and their application mechanisms to ensure feasibility.

Deputy Nguyen Thi Kim Thuy from Da Nang City and a number of other deputies supported the regulation of civil rights via courts, as legal regulations on the application have not yet been made available. In fact, civil disputes have been turned into criminal cases as the disputes cannot be resolved due to a lack of legal regulations.

Deputy Dinh Xuan Thao from Ha Noi supported the application of legal equivalents and doctrines of equality as even in countries with developed legal systems written laws fail to comprehensively cover all circumstances arising in society.

Deputy Nguyen Manh Cuong from Quang Binh Province called for a Under the decree, the fee was gathered by provinces and cities where mining activities were allowed. The fee would be spent to fix environmental issues triggered by mining activities.

However, a survey of the Viet Nam Mining Coalition, conducted in 30 communes throughout the country, showed that only six communes were allocated the fee, 21 communes said no project cleaned up and improved the environment, and 12 others said they did not even know about the fee allocation.

Tran Thanh Thuy, co-ordinator of the coalition, said mining activities were estimated to take place in over 41,000 ha across the country.

Thuy named several examples of mining that harmed the environment, including coal exploitation which created 4.6 billion cubic metres of waste material each year in the country, apatite mining created 3 million cubic metres of waste material, and bauxite mining left 11 million cubic metres of red mud.

Deputy Chief of the Institute for Social Development Studies Pham Bich San recommended the Government to clearly regulate the role of authorities at the levels of province, district and commune in using the fee.

It should set up a supervising mechanism on the fee's spending, he said.

Each communal People's Committee had to make an annual plan to fix environment issues caused by mining, he said.

The annual plan should receive approval from provincial departments of natural resources and environment and agricultural and rural development before being implemented, he added.

All expenses spent on environmental improvement projects were required to be published at the communal People's Committee to ensure transparency, he said.

Mining activities were identified as really harming the surrounding environment, breaking geological structures and landscapes and leaving big holes containing waste or wastewater materials, and posing threats to the health of people living nearby, participants said.

Viet Nam has over 5,000 mines exploiting about 60 types of minerals, according to statistics from the Ministry of Natural Resources and Environment. — VNS

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