Overcome Pending Legislation: A Guide

by Archynetys Economy Desk

This is the information pointed out by the Economic and Financial Committee in its report on the review and assessment of the implementation results of the National Assembly Resolution on the Socio-Economic Development Plan 2025 and the Proposed Socio-Economic Development Plan 2026.

Recently, the party, the National Assembly and the government have paid particular attention to institutional and legal development. The focus was particularly on reducing institutional hurdles, simplifying procedures, reducing intermediaries and reducing costs and time for citizens and companies. Numerous important decisions, such as Politburo Decisions No. 57-NQ/TW, No. 59-NQ/TW, No. 66-NQ/TW and No. 68-NQ/TW, were issued. Based on these party decisions, the National Assembly passed numerous laws and resolutions to quickly remove institutional obstacles and pave the way for economic and social development.

In addition to the successes achieved, it is also openly admitted that the legislative work still has weaknesses and shortcomings. This includes the slow publication of implementing regulations. It is worth noting that this situation persists despite numerous mentions in the National Assembly, the Standing Committee of the National Assembly and many special sessions of the government on legislation.

The delay in publishing the guidelines has inadvertently created a legal loophole that makes implementation significantly more difficult. Citizens, businesses and law enforcement agencies alike are uncertain about the application and enforcement of the law. This affects the rights and obligations of private individuals and companies. This is also why the implementation of legal provisions and resolutions is progressing slowly.

The question is why passed laws and resolutions, especially those of the 9th session of the 15th National Assembly, have not yet been translated into detailed regulations. Voters and the public expect the government to explain the reasons for the delay in publishing these 55 regulations. In addition, the government should specifically examine the extent to which the delay will make enforcement of the law more difficult. What effective solution is there to meet the missing implementing regulations?

National Assembly Resolution No. 67/2013/QH13 on Strengthening the Implementation of Laws, Regulations and Resolutions of the National Assembly and Promulgating Detailed Implementing Rules and Guidelines clearly stipulates that the Government, the Prime Minister, the President of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuratorate and relevant authorities and organizations shall carry out regular inspections and inspections of implementation, promptly identify and clarify the causes, and self-review and evaluate their responsibilities in carrying out their duties in the implementation of laws and the Publication of detailed implementing regulations and guidelines has not been complied with. At the same time, heads of subordinate authorities should be held accountable for delays in the implementation and publication of detailed implementing rules and guidelines; This is established as an important criterion for assessing the degree of fulfillment of the tasks of the heads of authorities.

The National Assembly resolution made it clear that the responsibility of relevant authorities and individuals for the delay in publishing detailed regulations must be taken into account. The affected bodies must therefore comply with these requirements.

It is necessary to confirm that the development and improvement of laws have been greatly promoted in recent times, and the creation of a comprehensive and beneficial legal framework for citizens and businesses is urgently expected. However, this is not enough if the implementation and application of the laws is not timely and effective. In order for laws, regulations and resolutions to have an impact and become a lever for socio-economic progress, strict sanctions are necessary in the event of delays or failure to produce detailed regulations and guidelines for subjective reasons. In this way, the situation can be avoided in which such delays or missing regulations and guidelines occur annually, but responsibility remains difficult to clarify.

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