To eliminate legal "gaps"

The government and ministries have made considerable efforts in implementing the recommendations of the National Assembly's agencies during the 2023 oversight session, issuing an additional 52 detailed regulations that had been pending for some time. However, 35 detailed regulations for the implementation of 14 laws and 2 ordinances remain unissued, some of which have been pending for over 10 years and have been the subject of numerous requests. This situation was highlighted by the Chairman of the People's Petition and Oversight Committee, Duong Thanh Binh, at the 44th session of the National Assembly Standing Committee.

The results of the 2024 monitoring of legal documents by the National Assembly's Ethnic Council and Committees also showed that 79 documents were issued later than the effective date of laws, ordinances, and resolutions; and 147 articles and clauses under 21 laws that delegate detailed regulations have not yet been issued.

Detailed regulations play a crucial role in ensuring that legal provisions are applied consistently, uniformly, and effectively. According to the Law on the Promulgation of Legal Documents, draft detailed regulations are mandatory documents that must be prepared and submitted simultaneously with draft laws and ordinances. However, many agencies still fail to strictly comply with this regulation. Significantly, there are no sufficiently strong sanctions to address this situation. This is one of the reasons leading to the prolonged delays and backlogs in the issuance of detailed regulations, which have yet to be thoroughly resolved.

The backlog of detailed regulations leads to many negative consequences. This legal gap has resulted in laws and decrees that have legal effect but are "suspended." The situation where laws "wait" for decrees, and decrees "wait" for circulars, slows down the implementation of laws and decrees.

Furthermore, this legal gap also causes confusion for agencies and individuals enforcing legal regulations, easily leading to a fear of making mistakes, or arbitrary and inconsistent application, easily resulting in violations. Along with that, the lack of clear guidance prevents citizens and organizations from accessing and exercising their rights and obligations as stipulated by law. The delay in issuing detailed regulations causes economic losses and slows down investment, production, and business activities. The backlog of detailed regulations also shows that our legislative discipline and order are not yet strict.

In response to the demands of current innovation and development, the legal system needs to be increasingly perfected, rigorous, and unified. To achieve this, we must tighten legislative discipline and order, and promptly address the delays and backlogs in issuing detailed regulations. Accordingly, we must strengthen the oversight activities of the National Assembly 's agencies and its members on this issue. The National Assembly's Ethnic Council and Committees should proactively review and promptly identify assigned tasks that are delayed or have not yet had detailed regulations issued. They should regularly monitor and urge the implementation of oversight conclusions and recommendations. Furthermore, we must improve the professional skills of legal officers in ministries and agencies regarding drafting, critiquing, and analyzing policies.

Currently, relevant reports have clearly identified agencies that are slow in issuing guiding documents, as well as specifying the number of outstanding detailed regulations. Clearly identifying the agencies that are slow to issue or have outstanding documents is one measure to enhance the responsibility of agencies in issuing detailed regulations. This is necessary but not sufficient; it is also necessary to clearly define the specific responsibilities of the lead and coordinating agencies, especially the heads of those agencies, in allowing delays and backlogs in issuing detailed regulations. The progress and quality of issuing legal documents, including guiding documents, should be used as indicators and criteria for evaluating performance and ranking Party members, officials, and civil servants. The Law on the Promulgation of Legal Documents of 2025 clearly stipulates that agencies, organizations, and individuals with the authority to submit draft legal documents are responsible for the progress and quality of the documents they submit. The head of the agency or organization is directly responsible if the submission or issuance of legal documents within their authority is delayed…

Only when individual responsibility is clearly defined, and when rewards and sanctions for organizational and individual accountability are implemented promptly, publicly, and with sufficient deterrent effect, will legal gaps caused by the backlog of detailed regulations be avoided. When detailed regulations are issued on time, consistently, and rigorously, they will create a complete legal framework, contributing to the building of a strong rule of law state and promoting socio-economic development.

Song Ha

Source: https://daibieunhandan.vn/de-khong-con-khoang-trong-phap-luat-post411826.html