At the end of July, at a conference in Dong Nai, Mr. Ho Quang Huy, Director of the Department of Document Inspection and Administrative Violations Management ( Ministry of Justice ), said that through a review according to 3 criteria (stipulated in Article 2 of Resolution No. 206/2025/QH15 of the National Assembly on special mechanisms for handling difficulties and problems due to legal regulations), there were 97 contents in 61 legal documents, including 8 laws, 19 decrees, 34 circulars with contradictory and overlapping regulations.
Among the specific issues that need to be "resolved", Mr. Pham Hoang Minh, Director of the Management Board of the Ca Mau High-Tech Agricultural Zone Project (Ca Mau province) pointed out the current situation, according to the provisions of the Investment Law, the project management board is a public service unit, so it is not authorized to grant investment licenses to enterprises in the high-tech agricultural zone. This has caused enterprises to be stuck in investment procedures for many years. This is also the common situation of the 5 high-tech agricultural zones nationwide. Sharing this view, Mr. Tran Van Bay, Chief Inspector of Ho Chi Minh City, said that many procedures are "making it difficult" for both civil servants, people and businesses. "Institutional reform must change the situation of being too concerned with procedures (like a cover), while forgetting the final result", Mr. Tran Van Bay commented. To overcome this, it is necessary to clearly define the authority and responsibility between levels, between collectives and individuals.
In addition, many shortcomings are due to the fact that the Planning Law has not been amended, and the Law on Public Asset Management (although it has just been amended and supplemented in 2024) still does not have specific guidance documents, leading to some difficulties and problems. Some localities are facing a "two-price" situation: the state's compensation price is many times lower than the actual transfer price. This not only affects the progress of site clearance but also creates risks of disputes with investors. Although it is only the first step, identifying shortcomings is extremely important in the process of perfecting the legal framework. There is still a lot of work to do after July 31, the day when all opinions from localities and enterprises will be compiled into a report to be submitted to the Central Steering Committee on perfecting legal institutions and the Politburo .
It should be added that the resolutions of the National Assembly and the Government allowing the application of temporary regulations are only implemented for about 2 years, while the number of documents that need to be issued by the right authority to handle issues arising when implementing the policy of restructuring the apparatus is very large. In order to promptly complete the official legal framework, it is very likely that the legislative technique of "using 1 law to amend many laws" will have to be used. Along with that, the law and ordinance building program in 2026 needs to be carefully considered to put forward the most urgent and important priorities.
Source: https://www.sggp.org.vn/nhan-dien-diem-nghen-phap-ly-post806750.html
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