Resolution 128/NQ-CP 2022 submit draft resolution on pilot grant of the right to choose car number plates through auction

RESOLUTION

On submitting to the National Assembly the draft resolution on pilot grant of the right to choose to use car number plates through auction

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Property Auction dated November 17, 2016;

Pursuant to the National Assembly’s Resolution No. 28/2022/UBTVQH15 dated September 24 2022, on the adjustment of the 2022 Law- and Ordinance- Making Program;

Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022, promulgating the working regulation of the Government;

At the proposal of the Minister of Public Security in the Document No. 511/TTr-BCA dated September 21, 2022;

Based on the voting results of the Government Members.

RESOLVES:

Article 1.

1. To approve the submission to the National Assembly, the draft resolution on pilot grant of the right to choose to use car number plates through auction based on the Ministry of Public Security’s proposal in the above-mentioned Document. The Ministry of Public Security shall take full responsibility for the reporting information, data and proposal.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice and relevant ministries and agencies in, studying and receiving the opinions of Government members (the summary of Government members' opinions is attached hereto) to complete the file of Draft Resolution, take responsibility for the content received. On that basis, to assign the Minister of Public Security, as authorized by the Prime Minister, on behalf of the Government, to sign the Report to the National Assembly at the 15^th National Assembly’s 4^th session about the draft Resolution mentioned above in accordance with regulations, ensuring progress and quality; proactively report and explain to the National Assembly and its agencies according to regulations.

Article 3. This Resolution takes effect on the date of its signing.

Article 4. The Minister of Public Security, Minister of Justice, Minister of Finance and heads of related agencies shall implement this Resolution./.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

Le Minh Khai

SUMMARY

RESULTS OF OPINIONS FROM GOVERNMENT MEMBERSHIP

Regarding the approval of the submission to the National Assembly on the Draft Resolution of the National Assembly on pilot grant of the right to choose to use car number plates through auction

1. To approve the submission to the National Assembly, the draft resolution on pilot grant of the right to choose to use car number plates through auction (which was approved for formulation by the Government in the Resolution at No. 97/NQ-CP dated August 5, 2022). This is important, urgent information serving the 15^th National Assembly’s 4^th session, to request the Government members to urgently comment and send it to the Government Office on October 1, 2022.

Different opinions:

- Minister, Chairman of the Government Office Tran Van Son: Attached paper comments.

- Minister of Justice Le Thanh Long: Regarding the file, order and procedures for formulating the Resolution, requesting the agency in charge of drafting to edit and complete the draft Resolution in accordance with the 2015 Law on Promulgation of Legal Documents  (amended and supplemented in 2020); Notice No. 1484/TB-TTKQH dated September 26, 2022 of the Secretary General of the National Assembly on the conclusions of the National Assembly Standing Committee about the Government's proposal to supplement the draft Resolution of the National Assembly on pilot grant of the right to choose to use car number plates through auction in the 2022 Law- and Ordinance-Making Program; and the Ministry of Justice’s opinions in Official Dispatch No. 3653/BTP-VDCXDPL dated September 28, 2022./.

(02 members of the Government have not voted: the Prime Minister, Minister of Planning and Investment.)

Regarding the file of the draft Resolution of the National Assembly on pilot grant of the right to choose to use car number plates through auction at the proposal of the Ministry of Public Security in Report No. 511/TTr-BCA dated September 21, 2022, I have the following opinions:

1. To approve submission to the National Assembly as the Ministry of Public Security’s proposal, and also request the lead agency to research the following contents to complete the file and submit it to the National Assembly for consideration and decision.

2. Regarding the draft Resolution of the National Assembly, it is recommended to research the opinions of the Ministry of Justice in the appraisal document to complete the draft Resolution (should clearly state that which articles, clauses and points shall be specified by the Government in the Resolution of the National Assembly), in accordance with Article 11 of the Law on Promulgation of Legal Documents.

Besides, it is recommended to carefully review the contents that need to be detailed by the Government in Clause 3, Article 7 of the draft Resolution, ensuring consistency with the Government's authority; the information has been stipulated in accordance with current legal documents (for example, detailed regulations on the use of revenue from number-plate auction, as explained in the Proposal “the amount, which is collected from the number-plate auction after subtracting the cost of organizing according to regulations, shall be fully paid into the central budget in accordance with the Law on State budget") are not required. To research and consider replacing the regulation “assigning the Government to detail regulations...” with “the Government is responsible for organizing the implementation of this Resolution...” (same as Resolution No. 42/2017/QH14 dated June 21, 2017, of the National Assembly on pilot handling of non-performing loans of credit institutions).