Narrowing the "grey area" and increasing control over legislative delegation.

During the National Assembly's group discussion session on the afternoon of April 21, Prime Minister Le Minh Hung stated that the Government will revise the working regulations to require agencies, when submitting draft laws, to simultaneously submit draft decrees and circulars. This is not merely a technical adjustment, but also represents a significant shift in thinking regarding the development and implementation of laws.

In the context of institutional reform being identified as a strategic breakthrough, this requirement shows a shift in focus from "issuing regulations" to ensuring the "operational capacity" of policies. Years of experience have revealed a familiar bottleneck: laws have been passed but are slow to be implemented due to a lack of or delay in issuing guiding documents. The situation of "laws awaiting decrees, decrees awaiting circulars" not only disrupts policy effectiveness but also creates "gray areas" and gaps in implementation, generating informal costs and legal risks for citizens and businesses.

Prime Minister Le Minh Hung speaks at the group discussion session on the afternoon of April 21. Photo: Pham Thang

The requirement to submit the entire system of subordinate legislation simultaneously with the draft law establishes a new standard: laws must not only be correct in principle but also ready for immediate implementation upon entry into force. The focus of legislative activity thus shifts from drafting regulations to designing comprehensive operational mechanisms, ensuring the consistency, uniformity, and feasibility of policies. In other words, this represents a shift from formalistic legislation to legislation closely linked to implementation – a core requirement of a modern rule of law state.

From a technical perspective, this regulation creates a mechanism for "verifying" policies right from the drafting stage. If a regulation in a law cannot be concretized into procedures at the decree or circular level, then the regulation itself reveals problems with feasibility or has not been adequately designed. This pressure forces drafting agencies to self-examine before submission, thereby improving legislative discipline and limiting the situation where regulations provide general frameworks and principles but lack implementation tools. At the same time, policy impact assessments must be more substantive, including quantifying compliance costs and forecasting socio-economic impacts.

Another notable impact is the shift in the allocation and control of power within the law-making process. When the content of laws and implementing regulations is presented simultaneously, the scope for policy adjustments at later stages – which are subject to less direct oversight – is narrowed. This helps to limit the practice of "pushing" complex and sensitive issues down to sub-legal documents. Conversely, the entire policy is subjected to scrutiny and critique by the National Assembly , experts, and the public from the outset, thereby enhancing the transparency and accountability of the drafting body.

When laws and regulations are synchronously controlled, the ripple effect extends beyond the legal system, directly impacting socio-economic life. Policy delays are shortened; the rights and obligations of citizens and businesses are clearly established as soon as the law takes effect, instead of depending on interpretations or the progress of issuing guiding documents. Compliance costs are reduced, the legal environment becomes more transparent, thereby limiting the room for procedural irregularities and harassment. More importantly, a stable and predictable legal system strengthens market confidence, creating a foundation for long-term investment and innovation.

However, to make this request a reality, comprehensive and decisive solutions are needed. First and foremost is improving the capacity of policymakers, especially in quantitative analysis and impact assessment. Along with that, establishing an effective coordination mechanism between ministries and agencies in drafting sub-laws is crucial; reforming the review and critique methods to consider the entire "policy package" comprehensively, instead of separating the law from the guiding documents; and strengthening inspection and post-issuance review to ensure that sub-laws are issued on schedule, in accordance with the spirit of the law, and without creating obstacles.

In the context of a rapidly changing and unpredictable global economic and political environment, the requirement to simultaneously submit draft decrees and circulars alongside draft laws not only aims to overcome a long-standing technical issue but also to define a new standard for legislative activity: closely linked to effective implementation. The State not only enacts laws but must also bear ultimate responsibility for their effectiveness in practice. This is the foundation of a modern rule of law state and a truly service-oriented administration for citizens and businesses.

Source: https://daibieunhandan.vn/thu-hep-vung-xam-tang-kiem-soat-uy-quyen-lap-phap-10414652.html