Legal reform: When actions speak louder than words

Institutionalizing Party resolutions into practical laws

Just 30 days after the 10th Plenum of the 13th Party Central Committee, the legislature held its year-end session, its most extensive meeting since the beginning of its term in 2021. Numerous agenda items deemed ‘breakthroughs’, innovative’, and ‘resolving bottlenecks’ were put forward in an attempt to address challenges posed by reality, with a strong emphasis placed on innovation in legislative thinking.

This session marked the first time that the National Assembly had taken on the responsibility of institutionalising the resolutions from the 10th Plenum of the 13th Party Central Committee. It aimed to quickly translate the Party’s directives into real-life applications while simultaneously seeking to address the nation’s critical issues. This in turn laid the groundwork and made preparations for the nation’s entry into a new era of national advancement, as emphasised by Party General Secretary To Lam at the opening ceremony of the year-end session..

For perhaps the first time during the session, the chairman of the legislative body issued an official letter to all National Assembly delegations and members, urging innovation in legislative thinking.

One of the highlights was the shift in legislative thinking towards balancing state management with the promotion of creativity in an effort to unleash productive potential and to mobilise all resources for development. The management approach must therefore avoid rigidity and decisively abandon the mindset of “if it can't be controlled, ban it.”

According to the top legislator, laws must be concise, easy to understand, and be observed in reality. Regulations should be stable and long-lasting, with enhanced power decentralisation linked to clearly defined responsibilities of state agencies, organisations, and individuals. In addition, power must be strictly controlled to prevent corruption and misconduct occuring in legislative activities.

Another critical requirement was the proactive and urgent creation of legal frameworks for emerging issues and trends. This includes establishing the legal infrastructure to successfully implement digital transformation, thereby creating breakthroughs for the cause of national development over the coming years.

Despite time constraints coupled with a heavy workload, the National Assembly and Government demonstrated flexibility and proactivity in swiftly implementing innovative solutions during the drafting, review, and amendment of laws. General Secretary To Lam emphasised that “the people are eagerly waiting and expecting decisions from the Party, State, and National Assembly.”

“Act, Not Step Back”

After thorough consideration, the National Assembly passed 18 laws and 21 resolutions, alongside reviewing 10 other draft laws during the year-end session. These results showcased significant reforms in legislative preparation, particularly the shift in thinking and methodology, following the principle of “Act, Not Step Back.”

By reviewing and amending draft laws, relevant agencies carefully examined and agreed to exclude provisions within the jurisdiction of the Government, ministries, or other agencies. Unstable or evolving issues were regulated only in principle, leaving detailed provisions to the Government to ensure both flexibility and practicality.

As a result, the number of chapters, articles, and clauses included in draft laws significantly decreased after amendments compared to the initial drafts presented by the Government. The passage of laws like the (amended) Public Investment Law and amendments to several laws in investment, finance, and budgeting exemplified legislative reform.

The reform shifts from a control mindset to one of enabling and decentralisation, with the philosophy of “localities decide, localities act, and localities take responsibility.” This ensures clear accountability, streamlines administrative procedures, avoids the ‘ask-give’ mechanisms, and puts people and businesses as the core beneficiaries.

The National Assembly also reviewed and passed seven laws and four resolutions under expedited procedures. These include breakthrough policies designed to promptly address difficulties in investment, production, and business activities; accelerate public investment projects; and promote growth.

With a long-term vision moving forward, the National Assembly worked alongside the Government to quickly establish legal frameworks for emerging issues, such as data management and utilisation, digital technology industry development, offshore wind energy, and nuclear power. These legal frameworks aim to successfully implement digital transformation and foster socio-economic development.

These decisions represent a significant milestone in the legislative work of the 15th National Assembly. Through the relentless efforts of the legislature and its relevant agencies, the quality of draft laws continues to improve. This contributes to building a comprehensive legal system that is capable of meeting the requirements of Vietnam’s renewal and development moving into the new era.