Legal gaps “freeze” businesses’ legitimate business rights

A decree that was expected to boost science and technology (S&T) enterprises is now causing many units to fall into a deadlock. The lack of coordination mechanism in the transitional and decentralization phase not only affects the interests of enterprises and causes goods to be congested, but also creates delays in policy implementation, especially during the period when Vietnam is promoting S&T and innovation.

Chain impact on the science and technology enterprise system

According to Decree No. 133/2025/ND-CP dated June 12, 2025 of the Government guiding decentralization and delegation in the field of state management of the Ministry   Science and Technology ; from July 1, 2025   The authority for granting certificates of product and goods quality testing activities has been assigned to the Provincial People's Committee.

The goal of Decree 133/2025/ND-CP is to increase decentralization and decentralization to localities, helping management agencies to be closer to people and businesses. However, the lack of implementation guidance documents makes the regulation "go slower than expected". By November 2025, many localities have not yet issued procedures for receiving registration dossiers for pilot activities. While waiting for the issuance of a circular , the Ministry of Science and Technology has not yet had a temporary mechanism to receive dossiers submitted by businesses after July 1, 2025.  

Trial operation license of   much   business   expired but not reissued   timely causing many testing contracts to be temporarily suspended, causing damage.   great harm not only to businesses operating in the testing field   but also manufacturing and import-export businesses .

Have   businesses have   ISO/IEC 17025 certified testing laboratory, designated by 3 Ministries, and cooperating with international partners   But   after more than   4   month of application submission   re-license still   There is no place to receive and process applications .   Right   "freeze" operations, more than half of workers have to take unpaid leave.

According to statistics from the Ministry of Science and Technology, by the end of October 2025, the whole country had about 954 science and technology enterprises granted operation certificates.   more than 1,000 testing labs   ISO/IEC 17025 accredited. Hundreds of units are waiting to have their licenses renewed or reissued as required. If the delay in guidance continues, not only businesses   inspection   The whole system will suffer a chain reaction: contracts will be suspended , international customers will lose confidence, and Vietnam's competitiveness will decline.

The indispensable hierarchy of “runway guidance”

According to regulations, ministries must proactively issue guiding circulars after the decree takes effect. However, in reality, there is a policy lag that sometimes lasts long, creating legal gaps for important administrative regulations.  

Lawyer Nguyen Van Tuan, Director of TGS Law Firm.

According to Lawyer   Nguyen Van   Tuan,   Director of TGS Law Firm   the reason is   Decree 133/2025/ND-CP has decentralized and delegated power to provinces and cities, with a term until July 1, 2025, so currently   The old agency's refusal was lawful; Article 51 has transferred authority. The Ministries no longer have the legal basis to handle the dossier.   The new agency is not yet qualified to execute .   According to the Law on Promulgation of Legal Documents , an administrative procedure   Only applicable when detailed instructions are available. The Department of Science and Technology has not yet issued a procedure and has not yet trained human resources.   should also   can not do it by yourself   intention to do.

Meanwhile   Transitional provisions too narrow   ( Article 76 )   “forget” the group of documents submitted in the period from July 1st to the time the province is ready. These documents have the same legal nature as the documents stipulated in Article 76.   should   There is sufficient basis to apply the law similarly according to Article 6 of the Civil Code and the principles of the Law.   Issue V legal documents.

"This is no longer a " procedural problem", but a direct consequence of the transfer of authority but lack of implementation instructions - contrary to the spirit of administrative reform according to the Law on Government Organization 2015 (amended in 2019) and the Law on Promulgation of Legal Documents 2015 (amended in 2020)" Lawyer Tuan emphasized.

Ministries need to "accompany" businesses and localities

November 13, 2025,   in   Training conference on decentralization and delegation of power by the Ministry of Science and Technology   organization, Grandma   Nguyen Nhu Quynh ,   Head of the Legal Department   said   The Ministry has decentralized, delegated or assigned authority to a total of 103 tasks in 7 management areas. To avoid confusion, the Ministry compiled a “professional handbook” to provide detailed instructions for each administrative procedure . However, the implementation process shows that delegating authority is not easy, because there are   The local authorities asked to return the authority because they were afraid they could not do it. Ms. Quynh shared that the reason was not only because of the lack of human resources but also because of the lack of tools, infrastructure and financial guarantee mechanisms.

To resolve the issue, the Ministry of Science and Technology has set up 12 working groups to go to 34 provinces and cities to train, guide and directly handle each specific case; a hotline is maintained to respond to local problems.

According to the assessment of local representatives, these models are considered "lifebuoys" to help the decentralization process take place safely, avoiding the situation of "being assigned work but not knowing where to start".

Training conference on decentralization and delegation of power organized by the Ministry of Science and Technology on November 13, in Hanoi.

According to Ms. Quynh, Head of the Legal Department, Ministry of Science and Technology, if we only issue documents without working with the locality, even if the policy is correct, the results will still not be achieved. On the contrary, if we work together, the locality will confidently make decisions and that is the real success.

However, there are also opinions that it is necessary to soon have a financial mechanism with decentralization, otherwise it will be difficult for the Departments to be proactive, especially in areas requiring high-tech investment such as radiation, measurement or information technology.

The issuance of a temporary guidance document not only helps science and technology enterprises maintain operations, but also concretizes the spirit of Resolution 68-NQ/TW, creating an open and transparent business environment to help innovation.   collaborate   enforcing the law to unlock development resources. This is not just an administrative requirement, but a concrete action to protect the legitimate rights and interests of businesses, creating confidence and resilience for Vietnamese businesses in the era of innovation and creativity.

Vietnam Law Newspaper will continue to inform.

Source: https://baophapluat.vn/khoang-trong-phap-ly-dong-bang-quyen-kinh-doanh-hop-phap-cua-doanh-nghiep.html