Legal and judicial practice

The Emergency State Law serves as the second “shield” protecting people's rights

Thứ tư, 29/10/2025 - 22:19
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(LND) - In the context of non-traditional risks – from extreme natural disasters to information crises in cyberspace – increasingly challenging national governance capacity, the draft Emergency State Law, discussed by the National Assembly on the afternoon of October 27, is not only aimed at handling situations, but also at ensuring social stability when crises arise.

The discussion session on the Draft Emergency State Law at the 10th session of the 15th National Assembly under the chairmanship of Vice Chairman of the National Assembly Tran Quang Phuong

Accordingly, while the draft Emergency State Law has already provided measures to respond to and overcome the consequences, it still lacks a crucial step forward - that is, post-disaster reconstruction. Delegate To Van Tam (Quang Ngai) raised the issue in the discussion session at the 10th session of the 15th National Assembly: the law cannot stop at merely temporary solutions."

To minimize long-term disasters, the law must take reconstruction into account - from from risk-zone planning and investment in disaster prevention infrastructure to improving early warning systems" Delegate To Van Tam added.

This comment touches on a long-standing "legal gap": we are good at relief, but lack mechanisms to restore society sustainably after a crisis. A comprehensive law must serve as a "bridge", leading the country from a state of emergency back to a new normal state.

One of the most notable contents is the regulation on controlling the posting of information in a state of emergency. Delegate Vu Hong Luyen (Hung Yen) supported this goal, but set out a parallel requirement: “Controlling information is necessary to protect society from fake news, but the mechanism must be clear, time-bound and responsible for timely information publication to guide public opinion.”

It is worth noting that the adjustment is not only aimed at “suspending violations”, but also emphasizes the State’s responsibility for publicity and transparency. In a state of emergency, official information becomes the stabilizing energy of society. A late announcement can allow misinformation to go ahead. A lack of transparency in legal regulations can create doubts, thereby damaging trust.

Delegate Ta Dinh Thi, National Assembly Delegation of Hanoi city delivered his speech

Not only stopping at communication, delegates emphasized the role of technology. Delegate Ta Dinh Thi (Hanoi) analyzed: "The law must create a basis for a national data platform connecting from the central to local levels, ensuring quick and accurate decision-making".

The discussion also recorded many opinions concerning the regulation "requiring businesses to convert production during a state of emergency". Delegate Duong Khac Mai (Lam Dong) said that this measure is necessary but it is vital to carefully calculate the compensation and reimbursement mechanism: "It is appropriate to require businesses to temporarily suspend normal production to shift toward emergency goods, but there must be a mechanism to assess damages and provide support within a certain period of time to avoid lawsuits".

The two factors must go hand in hand for the law to be implemented effectively without causing a social backlash between “national interests” and “business interests”.

A crisis – from information breakdown, large-scale natural disasters, to cyber attacks – shows that the decision-making process is only effective when based on instant, interconnected data. 112 is the “point of recognition”, but the new data platform is the “tool for quickly exercising power”.

Another crucial point raised concerns the regulation on production conversion during a state of emergency. Delegates warned: if businesses are mobilized without a clear compensation mechanism, the long-term consequence could be... a loss of trust in social mobilization efforts. For the Emergency State Law to take root in real life, it must ensure that “coercion does not become compulsion”, mobilizing resources while still safeguarding the motivation for development.

General Phan Van Giang, Minister of National Defense - representative of the Drafting Committee affirmed that the Law will be applied effectively in special situations.

At the end of the discussion, General Phan Van Giang, Minister of National Defense - representative of the Drafting Committee - expressed gratitude and pledged: "The drafting agency will take into account the opinions of the delegates to the maximum, revise the draft to be concise, clear and practical, ensuring effective application in special situations."

This is a commitment to innovation in the law-making process - towards a practical, flexible legislation that responds quickly to social changes.

In his concluding remarks, Vice Chairman of the National Assembly Tran Quang Phuong acknowledged the sense of responsibility of the drafting and reviewing agencies. He emphasized: “This draft embodies the General Secretary’s directive on reforming legislative thinking. The Committee on National Defense, Security, and Foreign Affairs is requested to promptly incorporate feedback and refine the draft to ensure feasibility and foster strong public consensus.”

The Emergency State Law – when completed – will not only be a set of response provisions, but also a testament to a modern governance mindset: managing with transparency, operating with data, and mobilizing with trust.

Because in every special situation, what maintains social order is not only the instruments of power, but also the people's trust in the State – trust built from the most humane, transparent and feasible regulations.

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