Legal thinking needs to shift from 'management' to 'creation'

(Chinhphu.vn) - To effectively promote the role of law in promoting development, it is necessary to strongly shift the mindset from "management" to "development creation". Law making needs to "go one step further", ensuring high predictability, close to reality, not only serving the requirements of state management but also creating conditions for innovation.

Providing solutions to improve the law to remove difficulties and obstacles caused by legal regulations. Photo: BTP

According to the Report from the Ministry of Justice , the process of reviewing legal documents according to Resolution No. 206/2025/QH15 of the National Assembly has initially pointed out many shortcomings. Specifically, there are 97 contents in 61 documents (including 8 laws, 19 decrees, 34 circulars) containing contradictory and overlapping provisions; 71 contents in 28 documents have unclear provisions, with different interpretations, unreasonable, unfeasible, causing difficulties in law enforcement.

In addition, there are 88 contents in 29 documents with regulations that create a burden on compliance costs; there are no regulations or there are regulations in legal documents but they limit innovation, develop new growth drivers, unlock resources, promote economic growth, and international integration.

Recently, at the Workshop "Exchanging and collecting opinions on the results of reviewing and proposing solutions to improve the law to remove difficulties and obstacles caused by legal regulations", Mr. Ho Quang Huy, Director of the Department of Document Inspection and Administrative Violations Management (Ministry of Justice) said that the Ministry of Justice has also received more than 1,750 reflections and recommendations from ministries, branches, localities and enterprises on difficulties arising from legal regulations.

On the positive side, the Steering Plan was promptly advised, clearly defining the requirements, tasks, responsibilities of the agencies and completion time; there were written proposals and instructions; and feedback and recommendations were collected from many channels. The review was assessed as urgent, objective and scientific . However, coordination between ministries and branches was still uneven; some units have not clearly defined their responsibilities in researching, giving opinions and proposing plans to amend related regulations.

To effectively promote the role of law in promoting development, it is necessary to strongly shift the mindset from "management" to "development creation". Deputy Minister of Finance Ho Sy Hung clearly stated that the law-making process needs to "take one step forward", ensuring high predictability, close to reality, not only serving the requirements of state management but also creating conditions for innovation and mobilizing all development resources. According to him, it is necessary to resolutely abandon the mindset of "if you can't manage, then ban".

The Ministry of Finance also proposed to include in the 2025 Law Development Program (submitted to the National Assembly at the 10th Session in October 2025) 08 Law projects: Draft Law on amending and supplementing a number of articles of the Law on Public Debt Management; Draft Law on Investment (replacement); Draft Law on amending and supplementing a number of articles of the Law on National Reserves; Draft Law on amending and supplementing a number of articles of the Law on Insurance Business; Draft Law on amending and supplementing a number of articles of the Law on Statistics; Draft Law on Planning (amended); Draft Law on amending and supplementing a number of articles of the Law on Prices); Draft Law on amending and supplementing a number of articles of the Law on Accounting, Law on Independent Auditing, Law on amending and supplementing a number of articles of the Law on Requisition and Confiscation of Assets, etc.

Dong Nai province leaders said that the locality has discovered 23 inappropriate contents in 21 documents, related to areas such as: justice, land, construction, handling of administrative violations, administrative reform...

Some systematic contents were also raised, such as the opinion from Chief Inspector of Ho Chi Minh City Tran Van Bay, who said that it is necessary to review the division of authority and responsibility of individuals and groups, avoiding general regulations, causing difficulties in implementation. He also said that many administrative procedures are too procedural and not really result-oriented, causing "difficulties" for officials, people and businesses.

Minister of Justice Nguyen Hai Ninh said that the Ministry will continue to coordinate and complete the review report to submit to the Central Steering Committee and propose specific groups of solutions.

At the same time, it is recommended that ministries and branches use the review results as an input database in law-making, ensuring consistency, efficiency and practicality, in line with the spirit of Resolution No. 206/2025/QH15 of the National Assembly on special mechanisms to handle difficulties and problems caused by legal provisions.

Bich Phuong

Source: https://baochinhphu.vn/tu-duy-phap-luat-can-chuyen-tu-quan-ly-sang-kien-tao-102250728115056171.htm