To leave no legal "gaps"

The results of the supervision of legal documents by the Nationalities Council and the National Assembly Committees in 2024 also showed that 79 documents were issued later than the effective date of laws, ordinances and resolutions; and 147 articles and clauses of 21 laws with detailed regulations have not been issued.

Detailed regulations play an important role in ensuring that legal regulations are applied synchronously, consistently and effectively. According to the Law on Promulgation of Legal Documents, draft detailed regulations are one of the mandatory documents that must be prepared and submitted at the same time as draft laws and ordinances. However, many agencies have not strictly complied with the regulations. It is worth noting that there are no strong enough sanctions to handle this situation. This is one of the reasons leading to the delay and backlog of detailed regulations over the past time, but has not been completely resolved.

The backlog of detailed regulations leads to many consequences. This legal gap has led to the provisions of laws and decrees that have legal effect but are "suspended". The situation of laws "waiting" for decrees and decrees "waiting" for circulars makes laws and decrees slow to come into effect.

In addition, this legal gap also causes confusion for agencies and individuals implementing legal regulations, easily leading to a mentality of being afraid of making mistakes, or applying them arbitrarily and inconsistently, which can easily lead to violations. Along with that, the lack of clear guidance makes it impossible for people and organizations to access and exercise their rights and obligations according to the law. The delay in issuing detailed regulations causes economic damage and slows down investment, production and business activities. The backlog of detailed regulations also shows that our discipline and legislative order are not strict.

Faced with the requirements of innovation and development today, the legal system must be increasingly perfected, strict and unified. To do so, we must tighten legislative discipline and order, promptly overcome the situation of slow and backlogged detailed regulations. Accordingly, strengthen the supervision activities of the National Assembly's agencies and National Assembly deputies on this issue. The Nationalities Council and the National Assembly's Committees proactively review and promptly detect assigned contents but slow or have not yet issued detailed regulations. Regularly monitor and urge the implementation of conclusions and recommendations of supervision. Along with that, it is necessary to improve the professional qualifications of legal staff in ministries and branches in terms of drafting, reviewing and analyzing policies.

Currently, related reports have clearly pointed out the agencies that are slow to issue guidance documents as well as specifying the number of outstanding documents of detailed regulations. Specifying the address of the slow issuance and outstanding documents is one of the measures to enhance the responsibility of the agencies in issuing detailed regulations. This is necessary but not enough, but it is necessary to clarify the specific responsibilities of the presiding and coordinating agencies, especially the heads, in allowing the situation of slow issuance and outstanding documents of detailed regulations to occur. It is necessary to take the progress and quality of issuing legal documents, including guidance documents, as an indicator and criterion for evaluating emulation and classifying party members, cadres and civil servants. The Law on Promulgation of Legal Documents 2025 clearly stipulates that agencies, organizations and competent persons submitting projects and drafts of legal documents are responsible for the progress and quality of the projects and drafts of documents they submit. The head of an agency or organization is directly responsible for any delay in submitting or promulgating legal documents under his/her authority...

Only when responsibilities, rewards, and sanctions for handling organizational and individual responsibilities are individualized in a timely, public, and sufficiently deterrent manner can there be no legal gaps due to backlogs of detailed regulations. When detailed regulations are issued on time, consistently, and strictly, a complete legal framework will be created, contributing to building 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