Law-making thinking still has many bottlenecks'

On the morning of October 29, the Central Party Committee of the Vietnam Lawyers Association coordinated with the Party Committee of the Vietnam Bar Federation to organize a conference to contribute opinions on draft documents of the 14th National Party Congress.

'Điểm nghẽn thể chế trước hết là nghẽn về tư duy' - Ảnh 1. — Professor Phan Trung Ly, former Chairman of the National Assembly's Law Committee, gave comments at the conference.

Expressing his approval of many contents and structures of the draft documents submitted to the 14th National Party Congress, Professor Phan Trung Ly, former Chairman of the National Assembly's Law Committee, said that although the congress' theme was shorter than previous congresses, "the shorter the better."

"The theme of the 14th Congress as drafted is 66 words, it's hard to remember them all now. Trying to remember each word will lose the key content," Mr. Ly said, suggesting that the research be more concise so that it's easier to remember and implement, and that each specific issue can be presented in the report.

Regarding the issue of institutional improvement in the draft document, Mr. Phan Trung Ly assessed that this is one of the most important tasks for the country to develop quickly and sustainably in the coming period. However, he suggested that the document should clarify what institutions need to be improved and identify the bottlenecks of the current institutions to overcome them.

Mr. Ly analyzed that the bottleneck of the institution is first of all the bottleneck of thinking. The current thinking of building institutions and laws still has many bottlenecks, especially the thinking that is heavy on management and administration, not yet strongly shifting to the thinking of creating and promoting development.

"If we continue to approach the system this way, I think it will be difficult to develop. If we cannot break through the mindset bottleneck, we will not be able to develop," Mr. Ly said.

'Điểm nghẽn thể chế trước hết là nghẽn về tư duy' - Ảnh 2. — Mr. Nguyen Thai Hoc, Deputy Secretary of the Party Committee of the Fatherland Front , Central organizations, and leaders of the Central Committee of the Vietnam Lawyers Association chaired and conducted the conference to contribute ideas to the draft documents of the 14th National Party Congress.

In the process and authority of law making, Mr. Ly said that from the beginning, it is necessary to clearly distinguish legislative authority and rule-making authority. "In law making, whichever entity and authority it is, it must do so. The National Assembly's rights, the National Assembly does; the Government's rights, the Government does, not waiting for the National Assembly to say you have to specify this or provide detailed instructions on this," Mr. Ly analyzed, noting that this is a requirement for decentralization in law making activities.

Mr. Ly also suggested that in perfecting the system, there should be a mechanism for social criticism, policy consultation, expert consultation, and more effective public consultation.

Avoid unnecessary administrative intervention

Meanwhile, Professor Tran Ngoc Duong, former Deputy Head of the National Assembly Office, suggested that the draft documents of the 14th Congress must clarify the new thinking in building and perfecting institutions. That is the thinking of creation and development; taking businesses and people as the center. That is also the thinking of clearly separating the roles of the State, the market and society, avoiding overlap and unnecessary administrative intervention.

'Điểm nghẽn thể chế trước hết là nghẽn về tư duy' - Ảnh 3. — Professor Tran Ngoc Duong, former Deputy Head of the National Assembly Office, gave his comments at the conference.

"It is necessary to strongly affirm and supplement the viewpoint of continuing to build and perfect the Vietnamese rule-of-law state in the direction of development creation, an administrative system that acts to serve the people, and promotes innovation. Party and State leaders have talked a lot about a creative and developmental state, but it has not appeared in the Party's official documents. I think it should be included in the documents," said Professor Tran Ngoc Duong.

Mr. Phan Van Lam, ASEAN Institute for Law and Economics, suggested that the draft document should emphasize more on institutions and rules to reduce State intervention in the market. The State mainly guides and creates.

At the same time, Mr. Lam suggested that policies and laws need to be carefully studied to bring stability to help investors feel secure to invest and develop long-term.

For example, on the issue of land prices, Mr. Lam said that it is necessary to study the spirit of land price construction. In 2024, leading experts in Vietnam have proposed, policy makers have proposed that land prices must follow market principles and have an annual land price list.

According to him, if land prices follow market principles, investors can implement projects and people also agree with compensation and site clearance. However, up to now, the policy wants to return to the land price framework. "Even internally, we are not really stable," Mr. Lam said.

Source: https://thanhnien.vn/tu-duy-xay-dung-phap-luat-con-nhieu-diem-nghen-185251029135228575.htm