Absolutely give up the mindset of "if you can't manage it, then ban it"

Kinhtedothi - The Ministry of Justice and the Judicial sector need to innovate their thinking in law-making, resolutely abandon the thinking of "if you can't manage it, then ban it"; improve the "productivity and quality" of law-making...

Deputy Prime Minister Le Thanh Long requested to improve the "productivity and quality" of law making.

The work of building and perfecting the legal system has achieved many outstanding results.

The announcement stated: In 2024, the Ministry of Justice and the judicial sector have made efforts to overcome difficulties and challenges, and performed well the assigned functions and tasks, making practical and important contributions to the development and overall achievements of the country. In particular, the work of building and perfecting the legal system, organizing law enforcement and other areas of judicial work has achieved many outstanding results.

In particular, the leadership, direction and administration work continues to have many innovations, with focus and key points, promoting the role and responsibility of the leader in the work of institution building; clearly identifying priority tasks to concentrate resources on implementation, closely following the guidelines, policies of the Party and State, the directions of the Government and the Prime Minister, especially focusing on handling arising problems, unlocking resources for economic and social recovery and development.

The Ministry of Justice and the Judicial Sector have played a good role in advising the Government, ministries, sectors and authorities at all levels in law-making, promptly institutionalizing the Party's viewpoints, guidelines and policies, meeting practical requirements in the new context; gradually innovating thinking in law-making under the direction of General Secretary To Lam and Prime Minister Pham Minh Chinh. The Ministry of Justice and the Judicial Sector have worked with ministries, agencies of the National Assembly and other relevant agencies to seriously carry out the work of building and perfecting the legal system in the spirit of "only discussing, not retreating", focusing on removing difficulties, obstacles and bottlenecks in all fields.

The work of checking, reviewing and handling documents continues to be implemented promptly, with focus and key points, contributing to improving policy response capacity, with many outstanding results from the activities of the Steering Committee for reviewing and handling problems in the system of legal documents; promptly detecting and advising on amending and supplementing contradictory, overlapping, inappropriate or no longer suitable regulations.

The result of civil judgment enforcement on matters and money is the highest ever, with over 621 thousand cases completed, collecting over 117 thousand billion VND.

The fields of state management of judicial administration, judicial support, registration of secured transactions, judicial records, legal aid, state compensation, legal support for small and medium-sized enterprises have achieved many specific results, such as: institutions in the fields of judicial support continue to be improved; digital transformation in judicial administration is strengthened, associated with the implementation of Project 06; leading among ministries and ministerial-level agencies in the Administrative Reform Index...

International legal work and international cooperation on law and justice have achieved many important results. The Ministry of Justice has continued to perform well its duties as the legal representative agency for the Government in international investment disputes. Legal and judicial cooperation with neighboring countries such as China has made new developments, with the Chinese Minister of Justice visiting our country for the first time and the two Ministries signing an Agreement on organizing the first Judicial Conference between provinces sharing the Vietnam-China border.

In addition to the achievements, the judicial work in recent times still has difficulties and limitations, especially in the work of perfecting the legal system when the institution is the "bottleneck of the bottlenecks" as General Secretary To Lam has identified; in which: (i) The legal system still has many shortcomings, limitations, and obstacles to development, has not promptly and fully institutionalized the Party's policies and orientations, new issues of practice have arisen, or have been institutionalized but the feasibility is not high; (ii) The quality of law making and perfecting has not met practical requirements, has not created a truly favorable environment to promote innovation; (iii) Decentralization, delegation of power, and digital transformation in law making work are still inadequate and have not received due attention; (iv) Discipline and order in the work of building and promulgating legal documents have not been strictly implemented; (v) The debt situation of promulgating detailed regulations has not been thoroughly overcome; (vi) Activities in some areas of state management of the Ministry of Justice such as judicial assistance, civil enforcement, legal training still have errors, violations, manifestations of "following the market", unfair "competition"...

The above-mentioned shortcomings and limitations have objective and subjective causes, of which the subjective causes are mainly: (i) The awareness of some agencies and localities about judicial work and civil judgment enforcement is still inadequate; (ii) Coordination is not really close, not meeting the requirements of the task; (iii) The professional and technical capacity of a number of officials working on law and legal development is still limited; (iv) Financial resources do not meet the requirements...

It is forecasted that the international and regional situation in the coming time will continue to develop in a complex and unpredictable manner, which will greatly affect and impact the socio-economic development of our country. Resolutions and documents of the Party have set out many important guidelines and policies related to the Ministry of Justice and the judicial sector. The conclusion of General Secretary To Lam at the working session with the Party Committee of the Ministry of Justice pointed out many tasks that the Ministry of Justice and the judicial sector need to focus on implementing in order to perfect the institutions, build and perfect the Socialist Republic of Vietnam, and bring the country into a new era, the era of national development. 2025 is a year of many important events for the country, including 03 important tasks that must be carried out at the same time: preparing personnel content for Party Congresses at all levels; completing the economic growth target for the entire term; and implementing the revolution to streamline the organizational apparatus. Along with opportunities and advantages, this context places judicial work and civil judgment enforcement in front of new opportunities and challenges, with increasingly high requirements, demands and responsibilities.

Improving "productivity and quality" of law making

The Deputy Prime Minister requested that in 2025 and the coming time, the Ministry of Justice and the justice sector need to focus resources to effectively implement a number of key tasks and solutions, specifically:

Advise competent authorities and ensure quality to submit to the Politburo to issue the Directive on "Innovation in law making and enforcement to meet the requirements of national development in the new era".

Innovate management and policy thinking, continue to promote the advisory role to assist the Government in institution building to promptly and fully institutionalize and seriously and effectively implement the Party's viewpoints and guidelines and practical requirements for state management to meet the requirements of national development in the new era.

Focusing maximum resources, advising the Government to submit to the National Assembly to amend the Law on Promulgation of Legal Documents. In particular, innovating the thinking of law-making, resolutely abandoning the thinking of "if you can't manage it, then ban it"; perfecting the process of making professional, scientific, timely, feasible, effective laws, ensuring democracy, transparency, easy application in practice, saving time and costs, improving the "productivity and quality" of law-making; strengthening the policy response mechanism; ensuring low compliance costs, so that the law reaches people and businesses in a substantive manner; strengthening decentralization, delegation of power, reforming administrative procedures; improving the quality of law enforcement. Promoting the application of information technology, digital transformation, artificial intelligence and building a mechanism to detect and remove bottlenecks caused by legal regulations as quickly as possible.

Seriously and urgently summarize the implementation of Resolution No. 18-NQ/TW, propose to innovate, arrange, perfect the functions, tasks, powers and organization of the Ministry of Justice to be streamlined, operate effectively and efficiently with the spirit of "if you can't do it, no matter how difficult it is, you have to do it", "only discuss doing, no retreat", "put aside personal interests for the common good", associated with restructuring and improving the quality of the team of cadres, civil servants and public employees; focus on advising, assisting the Government in guiding, urging and monitoring ministries and ministerial-level agencies in organizing the review of the system of legal documents, especially the review, proposal to amend and supplement laws and resolutions of the National Assembly to implement the arrangement and streamlining of the apparatus, promptly propose solutions to handle difficulties and obstacles when implementing the arrangement and streamlining of the apparatus.

Continue to focus on and improve the quality of law enforcement organization, ensure close connection between law enforcement organization and the law-making process; promote the role, continue to focus resources and intelligence to help the Government and People's Committees at all levels properly handle legal issues in the process of socio-economic development and international integration, including preventing and resolving international investment disputes.

Focus on researching and effectively implementing strategies and plans for training and fostering cadres, civil servants and legal human resources under the Ministry's management for the period 2025 - 2030 and the following years, ensuring that they are commensurate with the increasingly high requirements of judicial work in the new period.

Improving discipline and order in law-making work

The Deputy Prime Minister requested relevant ministries, departments, branches and agencies to continue to pay attention and spend more time on law-making; closely direct the review, proposal and progress of submitting draft laws and resolutions to promptly institutionalize the Resolution of the 13th National Party Congress, the Party's Resolutions and policies, new issues arising from practice and handle inadequacies and obstacles in the system of legal documents.

Ministers and heads of sectors must directly direct and be responsible for the quality and progress of draft laws and ordinances submitted to the Government and the National Assembly; and enhance discipline and order in law-making work.

Ministers, heads of sectors, and chairmen of provincial people's committees must strictly implement Directive No. 33-CT/TW dated May 21, 2024 of the Secretariat on strengthening the Party's leadership in the prevention and settlement of international investment disputes and Decision No. 14/2020/QD-TTg dated April 8, 2020 of the Prime Minister promulgating the Regulations on coordination in the settlement of international investment disputes; be more vigilant and proactive in preventing international investment disputes; promptly resolve investors' petitions and complaints.

Central and local ministries, departments and branches should pay attention and closely coordinate with the Ministry of Justice and the Justice sector to urgently innovate in terms of organization, apparatus and staffing; propose solutions to ensure resources and other necessary conditions to further improve the quality and efficiency of all aspects and fields of judicial work.

Source: https://kinhtedothi.vn/dut-khoat-tu-bo-tu-duy-khong-quan-duoc-thi-cam.html