Don't let the law be left "on hold"!

"There are laws passed at the Ninth Session that have not yet been accompanied by decrees or guiding circulars, therefore, discipline and order must be tightened, responsibilities clarified, and violations promptly handled in the work of drafting and implementing laws." This is the reality pointed out by National Assembly Chairman Tran Thanh Man at the 49th session of the National Assembly Standing Committee.

Despite attention and efforts to expedite the process, the delay in issuing detailed regulations remains a persistent bottleneck for many years. In numerous sessions of the National Assembly Standing Committee and National Assembly meetings, many delegates have spoken about this issue. The Government has also repeatedly and frankly acknowledged this problem in its annual reports on lawmaking and implementation. However, to date, the delay in issuing guiding documents has not been completely resolved.

From October 1, 2024 to August 1, 2025, the Government, the Prime Minister , and ministries and ministerial-level agencies are tasked with drafting and promulgating 420 detailed regulations. This represents a significant increase in the volume of detailed regulations due to the demands and tasks of 2025, specifically an increase of 158 documents compared to 2024 and 291 documents compared to 2023. Of the 420 documents, 334 must be promulgated to provide detailed regulations for existing laws, ordinances, and resolutions, and 86 will provide detailed regulations for laws, ordinances, and resolutions that will come into effect in the near future. Of the 334 detailed regulations for existing laws, ordinances, and resolutions, 282 have already been promulgated.

With 282 detailed regulations issued, the Government , the Prime Minister, ministers, and heads of ministerial-level agencies demonstrate great determination and effort in issuing detailed regulations. However, in the Report on the Implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly in 2025, the Government also acknowledged that the issuance of detailed regulations to take effect simultaneously with the detailed regulations has not yet been thoroughly implemented. The delay in issuing detailed regulations has been gradually overcome, but to date, 52 documents remain unissued.

The delay in issuing guiding documents is a long-standing and frustrating problem. This situation has many negative consequences, leading to some legal regulations being "suspended," and excellent policies being unable to be implemented immediately due to a lack of specific guidance, causing confusion for enforcement agencies. This legal gap also leads to situations where some law enforcement agencies, out of compliance with the law and fear of risk, simply wait for guiding documents, while others proactively seek flexible application. This not only leads to inconsistent application of legal regulations but also poses potential legal risks for both enforcement agencies and citizens and businesses whose rights are affected by this legal gap.

To promptly address this issue, the Government, the Prime Minister, ministries, and localities need to tighten discipline and order, clarify responsibilities, and promptly handle violations in the law-making process. Focus on definitively resolving the delays and backlogs in issuing detailed regulations.

The Law on the Promulgation of Legal Normative Documents of 2025 clearly stipulates that the agency or person authorized to issue detailed regulations is responsible for the progress and quality of the assigned documents. The head of the agency or organization is directly responsible if the submission or promulgation of legal normative documents under their authority is delayed; and is jointly responsible if they have assigned their deputy to directly oversee the work of drafting legislation. At the same time, the head of the agency or organization is directly responsible for the results of the work of drafting and promulgating legal normative documents within the agency or organization under their leadership; the results are the basis for evaluation, consideration of commendations and awards, appointments, and reappointments.

Thus, the mechanism for accountability for delays in submitting and issuing detailed regulations for competent agencies and individuals already exists. The important issue is that we must publicly and transparently disclose cases of delays in issuing detailed regulations to ensure strict accountability. When discipline and order in lawmaking are adhered to, it will contribute to ensuring the uniformity and consistency of the legal system, overcoming the inherent problem of some legal provisions being "suspended" simply due to a lack of guiding documents.

Source: https://daibieunhandan.vn/khong-de-luat-bi-treo-10387734.html