Institutional breakthrough for the era of growth

From Resolution 66 and the article of the General Secretary, we can see the new guiding viewpoint of the Party: The work of building and enforcing laws is the "breakthrough of breakthroughs" in perfecting the country's development institutions in the new era; it is the central task of the process of building and perfecting the socialist rule-of-law state.

Absolutely give up the mindset that if you can't control it, then ban it.

Compared to the documents of the 11th, 12th and 13th National Party Congresses, Resolution 66 further emphasizes the role of building and perfecting the legal system because previous documents only recognized this as one of the three strategic breakthroughs (along with breakthroughs in infrastructure and human resources). In Resolution 66, the Politburo recognized building and perfecting the legal system as "the breakthrough of breakthroughs", that is, it is placed at the highest priority position among the contents that need to be prioritized.

The Politburo pointed out: In order for the country to firmly enter a new era - an era of self-improvement..., the work of building and enforcing laws must be fundamentally innovated, creating a strong driving force for the country's rapid and sustainable development. Illustration: Hoang Ha

In addition, Resolution 66 also closely links the work of law-making with law enforcement in an inseparable whole and both are placed in the role of "breakthrough of breakthroughs". To reach this new perspective, Resolution 66 summarized the work of law-making and law enforcement and pointed out that "there are still many limitations and shortcomings"; "the organization of law enforcement is still the weak link". From there, the Politburo pointed out: In order for the country to firmly enter a new era - the era of striving..., the work of law-making and law enforcement must be fundamentally innovated, creating a strong driving force for the rapid and sustainable development of the country.

From the perspective that law-making must closely follow reality, stand on the practical land of Vietnam, selectively absorb the quintessence of human values..., pave the way, unleash all resources, turn institutions and laws into competitive advantages, solid foundations, and strong driving forces for development; investing in policy and law-making is investing in development; having specific and outstanding regimes and policies for strategic research, policy, and law-making..., the Party has proposed a series of tasks and solutions.

The Party requires a resolute abandonment of the mindset of “if you can’t manage it, then ban it”; clearly distinguish the policy-making process and the document-drafting process; the activities of summarizing, surveying practices, studying international experience, assessing policy impacts, and selecting policies must be thorough, substantive, and scientific; not making it difficult for people and businesses in policy design; building a favorable, open, transparent, safe, and low-compliance-cost legal environment; thoroughly cutting and simplifying unreasonable investment and business conditions and administrative procedures; substantially ensuring the right to freedom of business, property ownership, and freedom of contract; creating a legal basis for the private economic sector to effectively access resources of capital, land, and high-quality human resources; the provisions of the law must be stable, simple, easy to implement, and centered on people and businesses...

The use of a series of phrases such as “substantial”, “thorough”, “resolute”… demonstrates the Party’s strong determination to make breakthroughs in institutions, policies and laws to develop the country and step into an era of self-improvement.

Cure the fear of responsibility

In addition to the solutions, Resolution 66 also frankly pointed out the current situation: The thinking of law-making in some areas is still inclined towards management; the quality of law has not kept up with practical requirements. In particular, the Resolution clearly pointed out the biggest problem of the current legal system: "There are still overlapping, contradictory, unclear regulations that hinder implementation, and are not favorable for promoting innovation, attracting and unlocking investment resources".

Conflicts, contradictions, and overlaps between documents have been analyzed and identified by state agencies as well as experts and scientists over the years. The Prime Minister has also established working groups to review legal documents. These conflicts and overlaps are the direct cause of legal procedural bottlenecks for projects, leading to the National Assembly having to amend three laws directly regulating the field of projects using land and real estate (Land Law, Housing Law, Real Estate Business). The passage of three amended laws at the same time is considered a golden opportunity for legislation, ensuring consistency, synchronization, and fundamentally overcoming previous problems.

The next move, the National Assembly and the Government coordinated to allow the Land Law and 2 related laws to take effect 5 months earlier to free up land resources. After the new laws were passed, there was a waiting mentality from officials and civil servants to implement them because the new laws were of better quality, had clearer regulations, and posed less risks to officials and civil servants. Therefore, the early effect of the new laws has partly resolved the "huddled, waiting" mentality of officials and civil servants (which has entered the National Assembly with the term "fear of responsibility"), helping to save time and costs for people and businesses.

To cure this “fear of responsibility” disease, we must at all costs perfect the legal system to overcome contradictions and conflicts, so that there is no longer a phenomenon where one law is open but another is closed; there is no longer a “forest” of confusing and overlapping documents leading to following this law but breaking another law... Only then will officials “dare to do” and the courage at that time is worthy of praise: it is the courage of a person who knows clearly what is right and decides to do the right thing; not recklessness or luck.

A few years ago, a friend who was a department head at a city department that used to be a bright spot in terms of investment environment, half-jokingly, half-seriously told me: “These days, it is very difficult to read, understand and follow the law correctly and you may encounter problems when enforcing the law. If you want to do it, you have to apply it. If you don’t want to make mistakes, then… don’t do it for now.”

It is not just a matter of one locality in land management and use in the past. For example, regarding land prices, the process of land valuation for a real estate project usually takes at least 2 years, which has severely affected investors because land price is an important input parameter to determine business strategy. Fortunately, the 2024 Land Law has promptly adjusted by stipulating the maximum allowable land valuation period is 6 months.

Or like the land law stipulates 4 specific land valuation methods, but localities complain because applying the methods gives very different results, making the price approval signer worried.

Another “hot” issue is related to land use purpose conversion. The previous Land Law had unclear and even contradictory provisions. On the one hand, it assigned the provincial People’s Committee to decide on land use purpose conversion, but on the other hand, it set out cases where land use rights must be auctioned (for example, land allocation for commercial housing construction). So in which cases can enterprises convert land use purposes, and in which cases must the State reclaim land for auction or bidding?

Some of the problems that have caused land resource congestion mentioned above have been resolved in the 2024 Land Law. Land valuation methods and valuation databases (likened to production machines and raw materials) have been improved with the expectation that the product will be reliable land valuation results. Land valuation is the key point of land policy in the coming period, because land prices that follow the market will help facilitate compensation and site clearance, reduce complaints; and at the same time, avoid budget losses when allocating land to enterprises for project implementation.

Regarding the question of whether enterprises that are allowed to change land use purposes have to auction or bid, the new Land Law also has a specific answer so that officials can feel secure when signing the decision.

The birth of Resolution 66 on innovation in law-making and enforcement, especially the solution to establish a Central Steering Committee on perfecting institutions and laws with the General Secretary as Head, the Prime Minister and the National Assembly Chairman as Vice-Head, further strengthens the determination of the Party and State in "making institutions and laws a competitive advantage". From the legal system being a "matrix" that discourages investors (2-3 years ago), in the coming time, the amended and perfected legal system can gradually create advantages to attract large domestic and foreign investors, turning the private economy into the most important driving force of the economy.

Vietnamnet.vn

Source: https://vietnamnet.vn/dot-pha-the-che-cho-ky-nguyen-vuon-minh-2398355.html