Deputy Minister of Justice Nguyen Thanh Tu speaks at the workshop. Photo: VGP/Dieu Anh
On the morning of July 17, in Hanoi , Deputy Minister of Justice Nguyen Thanh Tu chaired the workshop "Reflecting difficulties and obstacles caused by legal regulations through practical business operations and proposing solutions".
The workshop aims to listen to broad and substantive opinions from the business community, especially on difficulties, problems and solutions, and recommendations for amending and supplementing legal documents (LDOs) in the coming time.
Many legal regulations overlap
At the workshop, representatives of corporations and enterprises expressed their opinions on major difficulties and problems in 3 groups of issues: Contradictory and overlapping regulations in the same legal document or between legal documents; Regulations of legal documents are unclear, have many different interpretations, are unreasonable, unfeasible, causing difficulties in applying and implementing the law; Regulations of legal documents create a burden of compliance costs, have no regulations or have regulations of legal documents but limit innovation, develop new growth drivers, unlock resources, promote economic growth, and international integration.
At the same time, provide advice and propose solutions to the above difficulties and problems in the directions prescribed in Resolution No. 206/2025/QH15.
Pointing out difficulties and obstacles caused by legal regulations through the practical activities of the Military Industry-Telecoms Group (Viettel), Colonel Phan Thi Loan, Head of the Legal Department of Viettel Group, said that there are still many unclear regulations of legal documents, with many different interpretations leading to difficulties in applying and implementing the law.
For example, currently, the Investment Law 2020 and its guiding documents do not have a definition of "main objective" or how to determine the "main objective" of an overseas investment project. There are no specific instructions in case an overseas investment project has been granted an overseas investment certificate before the effective date of the Investment Law 2020 (January 1, 2021) but has not yet determined and clearly divided the "main objective" and "objective that is not the main objective" in the overseas investment certificate. When the investor implements a new objective, what will it have to do, what are the procedures and order?
Currently, Viettel has 7/10 markets with investment certificates licensed before 2020, the certificates only state "Objective", which makes it difficult for Viettel to determine the responsibility to register for adjustment of the overseas investment registration certificate. Therefore, it is proposed to research and issue guidance on the main objectives of overseas investment projects so that businesses have a basis for implementation in practice.
Conference scene. Photo: VGP/Dieu Anh
Or the issue of BTS station placement on public land is still problematic. Although Decree 114/2024/ND-CP and Decree 50/2025/ND-CP have resolved Viettel's problems, some regulations on procedures, authority, invoices, and collection levels still cause difficulties and problems...
The representative of the Vietnam National Oil and Gas Group (PVN) said that there are overlaps and inconsistencies between legal regulations. Through the review, PVN found that many regulations in key areas that affect PVN's operations such as regulations on corporate governance, determination of oil and gas activities, electricity purchase and sale procedures with foreign partners, deposits for state-owned enterprise projects assigned to invest, environmental impact assessment for oil and gas projects, etc., still have overlapping, contradictions, and lack of connectivity between laws and sub-law documents.
Therefore, the representative of PVN Group proposed and recommended a number of solutions such as soon having detailed and specific instructions on standards, procedures, and authorities in the fields of investment, corporate governance, and project transfer, so that enterprises can proactively implement projects and reduce risks of legal disputes; building and perfecting a framework of specific incentive policies for new fields and key industries (non-traditional oil and gas, LNG, hydrogen, renewable energy, etc.), creating motivation for enterprises to innovate and green transformation, etc.
Coordinate review and remove obstacles to legal regulations
Representatives of the Vietnam National Industry and Energy Group shared at the workshop. Photo: VGP/Dieu Anh
Also at the workshop, representatives of ministries and branches answered the difficulties and problems of enterprises. At the same time, they said that they will continue to make amendments, comments and assessments to perfect the legal system; remove obstacles, create favorable conditions for enterprises to develop and promote economic growth.
Concluding the workshop, Deputy Minister of Justice Nguyen Thanh Tu highly appreciated the feedback from businesses, saying that this will be an important source of reference for the development of a report summarizing the review results, proposing solutions to improve the law to remove difficulties and obstacles arising from legal regulations, and submitting it to the Central Steering Committee on improving institutions and laws in the coming time.
Based on practical feedback, it can be seen that the direction of the Central Steering Committee on institutional and legal improvement in the past time in reviewing and identifying difficulties and obstacles caused by legal regulations has been very timely, meeting the needs of our people and business community.
Although this is a very large and challenging task, the Ministry of Justice will promote its role as the standing agency of the Steering Committee, closely coordinating with ministries, branches, localities, especially the business community to complete the assigned tasks, ensuring progress and quality, contributing practically to removing "bottlenecks" caused by legal regulations in the coming time.
From the opinions reflected from the practical operations of enterprises, it can be seen that many of the shortcomings and difficulties reflected by enterprises not only stem from the content of legal regulations but also lie in the organization of law enforcement. Although many legal regulations have been fully promulgated, their implementation is not synchronous and inconsistent between levels and sectors... Therefore, along with reviewing and perfecting legal regulations, the organization of law enforcement itself also needs to continue to be studied for improvement.
Deputy Minister Nguyen Thanh Tu suggested that, after the workshop, corporations and enterprises review and select recommendations to send back to the Ministry of Justice via the Institute of Strategy and Legal Science or via the National Law Portal this week so that the Ministry of Justice can promptly synthesize them into a report.
At the same time, it is recommended that law-making units and relevant units under the Ministry of Justice carefully study comments reflecting difficulties and problems arising from legal provisions in legal documents and decrees, proactively coordinate with relevant ministries and branches in the process of building, amending and supplementing laws in the coming time...
Dieu Anh
Source: https://baochinhphu.vn/go-diem-nghen-do-quy-dinh-cua-phap-luat-tao-thuan-loi-cho-doanh-nghiep-10225071713443243.htm
Comment (0)