The law must serve and promote development.

Over the years, the continuously improving legal system has ensured the legal framework for carrying out the reform process, contributing to the rapid and sustainable development of our country.

However, frankly speaking, compared to the requirements, the legal system and the law-making process still have many shortcomings. Given this reality, the urgent need is to fundamentally reform the work of institutional and legal development. This should be considered a "breakthrough of breakthroughs" to ensure a solid legal foundation, create strong momentum for development, and lead the country steadily into a "new era - an era of national progress."

To concretize this goal, the Government's Resolution on the thematic session on lawmaking in March 2025 set out specific requirements. These include requiring the lead drafting agency and related agencies to prepare the dossier and present the submission in a scientific manner, providing a complete, concise, and clear explanation of the basic contents as a basis for the appraisal and verification agencies to access, study, evaluate, and advise the competent authority on consideration and decision-making.

Regarding draft laws and ordinances that are being amended or supplemented, it is necessary to clarify which provisions are being retained or removed, and why? Which specific provisions are being amended or improved, and why? Which are being newly added, and why? How much administrative procedure is being reduced or simplified, and why? What are the specifics of decentralization and delegation of power, to whom, and why?...

For new draft laws and ordinances, it is necessary to clarify contents such as: How are the Party's guidelines and policies concretized? What practical issues are not yet regulated by law? What issues are regulated by law but are not yet appropriate? What obstacles need to be overcome? How will administrative procedures be simplified and reduced? How will decentralization and delegation of power be implemented?...

In addition to the above issues, the resolution also requires that lawmaking should focus resources on leveraging scientific and technological advancements, digital transformation, virtual assistant tools, supporting databases, etc. In particular, it is necessary to continue improving the mechanisms, regulations, and policies that are appropriate for the staff and civil servants involved in lawmaking.

The above requirements are valid; however, to achieve them, the key remains innovation in thinking and the process of lawmaking towards a professional, scientific, timely, feasible, and effective approach. Analyzing and clarifying this further, some opinions at the recent scientific conference on "Building Special Mechanisms and Policies to Create Breakthroughs in Lawmaking to Meet the Development Requirements of the Country in the New Era" suggested that, first and foremost, the Ministry of Justice needs to proactively build a team of experts with legislative drafting skills. Because if legal documents are not drafted scientifically and accurately, they will be counterproductive and hinder implementation when put into practice.

Legal regulations should also be designed to be open and not confined within rigid frameworks. Legal policies should not only be mandatory but also have self-regulating mechanisms, allowing entities to apply them flexibly in specific situations, adapting to the ever-changing realities. Furthermore, legal policies must be able to anticipate future changes in technology and socio-economic relations. Instead of focusing on addressing existing problems, policies should proactively be formulated not only to adapt but also to guide development.

The Resolution of the 10th Central Committee Conference emphasized the task of reforming the thinking on lawmaking in a way that promptly concretizes the Party's guidelines and resolutions; making the lawmaking process professional, scientific, timely, feasible, and effective; and ensuring it originates from and promptly responds to the requirements of development and the rapid changes in reality, with the people and businesses at the center.

In the new era, law must truly be the foundation of development, serving development and promoting development. Therefore, it is essential to change legislative thinking to, on the one hand, ensure the requirements of state management, and on the other hand, encourage innovation, unleash productive forces, and mobilize all resources for development…

Ninh Ha

Source: https://daibieunhandan.vn/phap-luat-phai-phuc-vu-thuc-day-phat-trien-post409894.html