Lesson 3: The 'key' to opening legal thinking in the new era

A meeting on the application of digital technology in the field of Justice. Photo: Ministry of Justice

Traditional legislative thinking, which is based on fixed economic models and rigid legal frameworks, has gradually become outdated and is no longer able to meet the rapidly and continuously changing needs of the digital economy.

Emerging technology fields such as artificial intelligence (AI), big data and blockchain technology are opening up enormous potential for improving productivity, economic efficiency and even the way social systems operate.

However, these potentials can only be fully exploited if the law is also improved to match the pace of technological development. The law is not only a tool to maintain social order, but also a lever for development.

Applying digital technology to law making and enforcement

The application of digital technology not only helps improve the effectiveness of state management in law making and enforcement, but also meets the requirements of socio-economic development in the new era.

Assessing the application of 4.0 technologies in law-making and enforcement, Dr. Chu Thi Hoa, Deputy Director of the Institute of Legal Science, Ministry of Justice, said that the application of 4.0 technologies in law-making and enforcement is even more important when taking place simultaneously with the "revolution" of streamlining the apparatus, with the goal of speeding up progress and improving the quality and efficiency of this work.

Especially in the context that the Politburo has just issued Resolution No. 57-NQ/TW dated December 22, 2024 on breakthroughs in science, technology, innovation and national digital transformation, it further strongly promotes proactive and active participation in the 4.0 industrial revolution.

Currently, ministries, branches and localities have built information pages on digital transformation related to their agencies' fields, including information on law making for dissemination. Pursuant to Decision No. 471/QD-TTg dated April 26, 2019 of the Prime Minister on approving the Project on Strengthening the Application of Information Technology in the Dissemination and Education of Law for the 2019-2021 period and Decision No. 1707/QD-BTP dated August 5, 2021 of the Ministry of Justice on approving the Project on Strengthening the Application of Information Technology in the Dissemination and Education of Law at the Ministry of Justice in 2020 and 2021, the Ministry of Justice has built and established an Electronic Information Portal on Dissemination, Education and Law.

In addition, the Ministry of Justice has also built and operated an electronic application (App) to look up electronic publications related to the judicial field to facilitate people in accessing, learning about the list of publications, commenting, evaluating the quality of publications... thereby contributing to improving the effectiveness of the Ministry of Justice's propaganda and dissemination of law.

In addition, ministries, sectors and localities have also deployed the construction and use of databases, and at the same time carried out digital transformation to serve the state management activities of their ministries, sectors and localities. Through the national data integration platform, more than 90 ministries, sectors, localities, organizations and enterprises have participated in connecting and exploiting data from 9 databases and 14 information systems nationwide...

"The initial results are huge, contributing to saving time for society, improving the quality of public services for people and businesses; improving the efficiency of management, direction, operation, and public service implementation based on complete, accurate, and timely data," Dr. Chu Thi Hoa affirmed.

The Ministry of Justice is currently piloting artificial intelligence (AI) in the development, inspection and review of legal documents at units that develop and inspect documents. The review of legal documents focuses on three main groups: Supporting the review and detection of jurisdictional conflicts in the form of legal documents.

Another task is to check the validity of the base documents and reference documents during the review process. AI is also used to focus on searching and identifying articles, clauses, points, and legal documents related to the regulations and legal documents that need to be reviewed.

Minister of Justice Nguyen Hai Ninh suggested that units need to have specific plans and clearly define goals to develop AI to serve the construction and examination of legal documents. In addition, it is necessary to expand applications in both appraisal and law-making work.

Legal corridor creates new momentum for economic development

In the context of global economic integration and the strong development of digital technology, Vietnam is facing a great opportunity to make a breakthrough in economic growth. However, to make the most of these advantages, a transparent, stable and practical legal corridor is a key factor in creating new momentum for the economy.

Former General Director of the General Statistics Office Nguyen Bich Lam said that looking back at the country's renovation process over the past nearly four decades, one of the first, revolutionary innovations that transformed Vietnam from a country with chronic food shortages into a leading rice exporting economy in the world was the result of a breakthrough.

Innovation at the grassroots level is based on practice so that on April 5, 1988, the Politburo issued Resolution 10 on innovation in agricultural economic management, also known as "Contract 10" - This is a resolution with a strong breakthrough power, spreading positive impacts in many aspects to agriculture, rural areas and farmers of our country. The birth of Resolution 10 proves that important practices for innovation require the openness and listening of leaders at all levels to the vast valuable knowledge of the people.

The world is entering a new era, with rapid, strong and breakthrough developments in technology taking place in many fields, bringing about remarkable changes in employment, business production and quality of life.

In particular, in the process of implementing the Industrial Revolution 4.0, economic models such as: Digital economy, circular economy, green economy, etc. will emerge as potential models, playing an important role, shaping economies, requiring countries to restructure their economies to adapt and develop.

Dr. Doan Thi To Uyen, Head of the Department of State Administrative Law (Hanoi Law University). Photo: VGP

To catch up with the development trend in a proactive and positive manner, our Party has put forth the guiding viewpoint that we must urgently build a legal corridor for new issues and new trends, learn from experience while doing, not be hasty but not be perfectionist to lose opportunities.

The fourth industrial revolution, along with globalization and international integration, is deeply influencing the economic and social development of countries. The world is entering a new era, with major changes and unprecedented breakthroughs.

"Our country's economy is highly open and is strongly affected by what is happening in the world economy and politics. More than ever, we need breakthroughs in mechanisms and policies, in which institutional breakthroughs must start from breakthroughs in economic management thinking, accepting change, being different, and being bold. We need to build an open society, welcoming change, and at the same time preparing carefully for what will happen in the future," Mr. Nguyen Bich Lam emphasized.

Sharing with reporters of the Government Electronic Newspaper, Dr. Doan Thi To Uyen, Head of the Department of State Administrative Law (Hanoi Law University) said that the "key" to opening up legal thinking in the new era to meet the requirements of national development is to transform the thinking of law-making in the direction of both ensuring the requirements of State management and encouraging creativity, liberating all productive forces, and unleashing all resources for development. In particular, it is necessary to research, innovate, and perfect the law-making process; increase investment in financial resources and human resources for law-making work.

In addition, ensuring that the law is stable and has long-term value; changing the approach when making laws in the direction that the law only regulates framework issues, issues of principle, and does not need to be too long. The thinking of making laws must change in the direction of closely following reality, respecting objective reality...

To achieve this, in the law-making process, it is necessary to invest resources and attach importance to policy analysis, assess the impact of policies in a substantive manner, and ensure the long-term predictability of the law.

In particular, it is necessary to proactively, actively and urgently build a legal corridor for new issues and new trends, especially those related to the 4.0 revolution, artificial intelligence, digital transformation, green transformation, etc.; create a legal framework to successfully implement the digital transformation revolution, creating a breakthrough for the country's development in the following years.

It can be seen that, in the context of the country entering a new era with many new opportunities, challenges and requirements, it is extremely necessary to continue to strengthen the Party's leadership in the work of building and organizing law enforcement in order to perfect the law both in writing and in practice, maximize resources, and create momentum for the country to develop strongly and sustainably in the new era.

Dieu Anh