General Secretary To Lam speaks at the Opening Session of the 8th Session of the 15th National Assembly. Photo: VGP
The traditional legislative mindset - one that tends to be controlling and slow to react to changes - is no longer appropriate. Instead, we need a more proactive, flexible and practical legislative mindset that lays a solid foundation for sustainable development.
With the above awareness, the Government Electronic Newspaper has published 3 articles "Innovation in legislative thinking: Determination to 'breakthrough' in the new era" to clarify new requirements and demands as well as "bottlenecks" that need to be removed in current legislative work; at the same time, suggesting innovative solutions for law-making work so that the country can "breakthrough" in the era of development.
Lesson 1: Unleash your thinking, clear institutional 'bottlenecks'
Entering the era of national development, focusing on removing institutional "bottlenecks", economic barriers, and unlocking resources is what our Party, State, and Government are determined to do.
Over the past 40 years, since the Doi Moi process in 1986, the law-making process has undergone many changes in both quantity and quality. From the time when the number of laws enacted was very small, mainly Ordinances were issued to regulate social relations, up to now the number of laws passed by the National Assembly has basically regulated most of the different areas of social life, the quality is increasingly affirmed, creating a legal corridor for economic and social development.
Before the renovation, the work of law-making was not really focused on. There was a period when we directly implemented the Party's policies in practice to solve problems arising in social management. After the 6th National Party Congress, with the renovation, the bureaucratic and subsidized mindset was gradually shifted to the mindset of social management with the orientation of developing a socialist-oriented market economy. Social relations in the new period changed, leading to the need for legal adjustment, and the legal system was gradually improved in both quantity and quality.
In 2010, the Central Committee issued Resolution No. 48-NQ/TW on building and perfecting the legal system by 2020, demonstrating the Party's deep concern for perfecting the legal system. It emphasized the guiding viewpoints and a system of solutions for building and perfecting the law.
Nowadays, with the rapid changes in practice, the development of science and technology, and the fluctuating world context, it is the practical basis for re-evaluating the legal system of our country over the past time. Compared to the previous period, the thinking on law-making is increasingly shaped more clearly. The legislative process with increasingly innovative procedures, the process of policy making and policy standardization is increasingly professional...
It is clear that the great achievements in developing our country's market economy in the past 40 years of renovation have all come from untying our thinking and expanding our awareness to innovate our institutions. The ideology that runs through these institutional innovations is the Party's viewpoints, policies, and guidelines for Renovation that have been proposed and implemented since the 6th Congress until now.
Identify "bottlenecks"
However, the reality of economic and social development in our country in recent times has shown that there are still limitations, inadequacies and institutional "bottlenecks". In an important speech at the opening session of the 8th session of the 15th National Assembly, General Secretary To Lam pointed out that among the three biggest bottlenecks today, namely institutions, infrastructure and human resources, institutions are the "bottleneck" of "bottlenecks" that must be frankly acknowledged and promptly overcome.
The quality of law making and improvement has not met practical requirements; some newly issued laws have had to be amended; regulations are not really consistent, still overlap, many regulations are difficult, hindering implementation, causing loss and waste of resources; have not created a truly favorable environment to attract resources from domestic and foreign investors, and to unleash resources from the people. Administrative procedures are still cumbersome, and the organization of law and policy enforcement is still a weak link.
In addition, decentralization and delegation of power are not thorough, responsibilities are not clear; the arrangement and consolidation of the State administrative apparatus to be streamlined, operate effectively and efficiently, reduce focal points and intermediate levels are still inadequate, some parts are still cumbersome, overlapping between the legislative and executive branches, not really meeting the requirements of improving the effectiveness and efficiency of management...
Sharing about the "bottlenecks", Professor Tran Ngoc Duong, former Deputy Head of the National Assembly Office, said that from many years of experience working in the National Assembly, he saw that the law-making in Vietnam had some bottlenecks, causing the institutional quality to not meet expectations.
For example, currently, the coordination, research, reception, and editing of draft laws after they have been submitted to the plenary session of the National Assembly still have many unreasonable points; the consideration and approval of laws is not considered a method of controlling state power; the control of legislative delegation is not strictly controlled, leading to the Government's rule-making activities possibly being contrary to higher regulations, or being slower than the draft law;
In addition, the apparatus and people who create institutions are not truly professional. Law drafters sometimes understand the practical aspects of the industry but lack legislative skills, leading to a "deviation" between policy making and the expression of policies into regulations...
Prof. Dr. Nguyen Dang Dung, Ton Duc Thang University, said that legal documents have not met practical requirements, leading to low stability, with high frequency of amendments, supplements, cancellations, and replacements. Most legal documents have a short "lifespan" because they are often changed.
In practice, on average, every 10 years, the National Assembly reviews, amends, supplements, and replaces laws and codes such as the Land Law and the Civil Code; there are laws that have a shorter review, amendment, supplementation, and replacement period such as the Enterprise Law and the Law on Organization of Local Governments... In particular, there are important laws such as the 2015 Penal Code that must be temporarily suspended in order to amend, supplement, and correct existing errors.
"Those are the bottlenecks of the Vietnamese legal system. These bottlenecks create the first bottlenecks of the institutions, formed right from the drafting of legal documents," emphasized Prof. Dr. Nguyen Dang Dung.
Minister of Justice Nguyen Hai Ninh: It is necessary to fundamentally innovate the thinking of law-making, considering this a "breakthrough of breakthroughs" in perfecting the development institution. Photo: VGP
Removing "bottlenecks", paving the way for breakthroughs
Based on the above reality, General Secretary To Lam proposed that the National Assembly continue to strongly innovate its organization and operation in the spirit of Resolution No. 27-NQ/TW dated November 9, 2022 of the 6th Conference of the 13th Party Central Committee on continuing to build and perfect the socialist rule-of-law State of Vietnam in the new period.
In particular, innovation in legislative work is the first issue mentioned by the General Secretary. According to General Secretary To Lam, the mindset of law-making must be transformed towards ensuring the requirements of State management while encouraging creativity, liberating all productive forces, and opening up all resources for development. The management mindset must not be rigid, and the mindset of "if you can't manage, ban" must be resolutely abandoned.
Along with that, the provisions of the law must be stable and have long-term value; it is necessary to innovate the process of building and organizing the implementation of laws; promote decentralization and delegation of power with the motto "locality decides, locality does, locality takes responsibility"; focus on controlling power in building laws, tightening discipline, promoting responsibility, especially the responsibility of leaders, resolutely fighting against negativity and "group interests".
Proactively, actively, and urgently build a legal corridor for new issues and new trends (especially issues related to the 4.0 revolution, artificial intelligence, digital transformation, green transformation, etc.) to create a legal framework to successfully implement the digital transformation revolution, creating a breakthrough for the country's development in the following years.
In order not to miss development opportunities, bringing the country into a new era, an era of the Vietnamese people's rise, Minister of Justice Nguyen Hai Ninh said that it is necessary to focus on a number of key solutions. In particular, it is necessary to fundamentally innovate the thinking of law-making, considering this a "breakthrough of breakthroughs" in perfecting the development institution. In the new era, the law must truly be the foundation of development, serving development and promoting development; "taking people and businesses as the center and subject".
At the same time, it is necessary to strongly innovate the law-making process associated with improving the quality of legal documents. Focus on perfecting the legal system associated with rearranging the apparatus in the political system, ensuring "refinement, compactness, strength, efficiency, effectiveness and efficiency";
At the same time, build a mechanism to organize strict and consistent law enforcement, ensuring respect for the Constitution and the law. Pay attention to developing resources for legal work...
With the spirit of respect for the law, with the goal of promoting the construction and perfection of the socialist rule of law state, innovating the law enforcement mechanism, closely linking law-making with law enforcement according to Resolution No. 27 of the Central Committee, we believe that the work of law-making and law enforcement will be increasingly innovative, effective, and meet practical requirements.
Lesson 2: Fighting negativity and 'group interests' in law-making
Dieu Anh
Source: https://baochinhphu.vn/doi-moi-tu-duy-lap-phap-quyet-tam-but-pha-trong-ky-nguyen-moi-102250317102947971.htm
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