Building a legal system structure must be balanced, harmonious and reasonable among fields.

(Chinhphu.vn) - The construction of the legal system structure must ensure full coverage, balance, and reasonable harmony between fields. The scope of regulation of the legal system must be determined in accordance with the Party's breakthrough and strategic decisions.

Comrade Phan Dinh Trac, Politburo member, Party Central Committee Secretary, Head of the Central Internal Affairs Commission delivered the closing speech at the workshop. Photo: VGP/DA

Speaking at the closing ceremony of the Workshop "Improving the structure of Vietnam's legal system to meet the requirements of national development in the new era" on November 1, comrade Phan Dinh Trac, Politburo member, Secretary of the Party Central Committee, Head of the Central Internal Affairs Commission , highly appreciated the reports in the Workshop proceedings as well as the opinions expressed at the workshop session.

Summarizing the major contents of the Workshop, Head of the Central Internal Affairs Committee Phan Dinh Trac noted that the presentations and discussion opinions all agreed that the structure of the legal system is a very important theoretical and practical issue. At the same time, a relatively basic concept of the structure of the legal system was put forward. This is the first factor to determine the content of the structure of the legal system.

Opinions suggest that the structure of the legal system is a model that reflects the way to organize, define, and rearrange the parts and components of the legal system in an objective and scientific manner, establishing and resolving the relationship between the components in a reasonable way to ensure both the synchronization and unity of the system and the richness, diversity and relative independence of each component. The concepts of the structure of the legal system and the legal system are closely linked together, which is the relationship between the content and form of the legal system.

The workshop also basically agreed on the current structure of Vietnam's legal system with outstanding features such as: The structure of Vietnam's legal system is basically built on written law, codes, laws are the main and most important source. The number of documents has grown rapidly but the quality is uneven.

The structure of the legal system is complex, with many levels and the external structure of the legal system is quite complicated with many documents, making it difficult to look up and apply, and is one of the main causes of overlap and contradiction...

Perfecting the legal system is an urgent requirement.

Head of the Central Internal Affairs Commission Phan Dinh Trac also stated that when determining the requirement to perfect the legal system structure, it is necessary to take into account the requirement to perfect the legal system. Perfecting the legal system is an urgent requirement for the goal of national development in the new era. General Secretary To Lam emphasized that the law must go first, must pave the way for development, and institutions must remove bottlenecks and unblock all resources of the country. That spirit is also reflected in the Resolution of the 13th National Party Congress, Resolution 27 dated November 9, 2022 of the Central Executive Committee on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period and Resolution 66 dated April 30, 2025 of the Politburo on innovating the work of building and enforcing laws, meeting the requirements of national development in the new era.

These documents have shaped a new vision for perfecting the legal system, perfecting the structure of the legal system to transform from a management and control model to a development creation model, from legalizing practices to leading, orienting and promoting sustainable and inclusive development.

Although our country's legal system is currently relatively synchronous, public, transparent, accessible, and basically regulates all areas of social life, the issue of the rationality of the legal system structure remains a major challenge. There are still manifestations such as dispersion, overlap between documents, lack of unity, lack of predictability, some new areas such as digital assets, artificial intelligence, personal data have not yet been regulated by law and the National Assembly is currently discussing these laws. The legislative mechanism is still heavily reactive, not yet strongly shifting to creation. Therefore, perfecting the overall structure of the legal system is an urgent and objective requirement.

Analyzing the requirements for perfecting the legal system structure, comrade Phan Dinh Trac identified 4 important contents that need to be focused on to perfect the legal system structure.

Firstly, we must shift from a management legal mindset to a constructive legal mindset. The law should not only focus on risk control but also guide, create opportunities, and encourage innovation while still ensuring order and discipline.

Second, it is necessary to focus on reviewing, systematizing, cutting down intermediate levels, eliminating overlapping and conflicting regulations, moving towards a streamlined, unified, transparent and easy-to-implement legal system. In which, each field has a strong enough base law, ensuring stability, establishing a controlled legal testing mechanism for new fields and the promulgation of laws must be based on comprehensive impact assessment.

Third, comprehensively innovate the law-making process in a scientific and transparent direction, preventing group and local interests in policy-making.

Fourth, strongly innovate law enforcement work, closely link law-making and law enforcement, and aim to establish a complete legal life cycle from legislation, executive, judiciary to supervision, feedback and amendment.

Promote the formation of new legal sectors and fields

Taking note of opinions on a number of viewpoints that need to be thoroughly understood and strictly implemented in perfecting the structure of Vietnam's legal system, Head of the Central Internal Affairs Commission Phan Dinh Trac outlined a number of orientations for perfecting the structure of Vietnam's legal system to meet the requirements of national development in the new era.

In particular, it is emphasized that the construction of the legal system structure must ensure full coverage, balance, and reasonable harmony between the fields. Thereby ensuring the synchronization between the thinking of defining fields in the Party's policy design, in the documents of the 14th National Party Congress, and the thinking of defining legal fields in the legal system. The scope of regulation of the legal system needs to be determined in accordance with the Party's breakthrough and strategic decisions.

At the same time, strengthen the promulgation of legal documents, especially legal documents, to more clearly demonstrate the role of development creation of the Socialist Republic of Vietnam in the new era, in addition to implementing the current management role. Thereby, encourage, promote and support more strongly the sectors, fields, localities and priority development subjects identified in the Resolution of the Central Executive Committee, the Politburo and the documents of the upcoming 14th National Party Congress to contribute to realizing the double-digit growth target and other socio-economic development goals of the country in the new period.

In addition, promote the formation of new legal sectors and fields, in addition to existing legal sectors and fields, to meet the requirements of creating and leading the law in the face of new developments in the fields of science, technology and other new fields of socio-economic life, especially legal sectors and fields associated with the process of digital transformation, green transformation, data economy, circular economy, artificial intelligence and other technologies of the fourth industrial revolution.

Appropriately apply the thinking of classifying and regulating the behavior of public authorities (i.e. public law) and the law regulating the relationship between individuals and private organizations with equal legal status (i.e. private law) when designing legal norms in specific legal fields. Thereby, the law can partly awaken all potentials and mobilize all resources for national development in the new era.

Research and perfect the structure of the legal system in the direction of taking the Constitution and a number of core laws and codes such as the Civil Code, the Penal Code, the Law on Handling of Administrative Violations, the Civil Procedure Code, the Administrative Procedure Law... as the center. Clearly define the scope of regulation of legal documents, thereby thoroughly handling the situation of overlap, unreasonableness or lack of connection between the scope of regulation between documents in the legal system to avoid legal gaps.

Continue to research to reduce the levels of the legal document system, narrow down the types of legal documents that a competent authority can issue in the direction that each authority only prescribes one form of legal document.

Continue to pay attention to perfecting legislative techniques and modernizing infrastructure, applying advanced technologies in law-making. Conduct a general review of legal documents to address overlapping, contradictory, and inadequacies of the current legal system...

The Head of the Central Internal Affairs Committee requested the Ministry of Justice, the National Assembly's Committee on Law and Justice and relevant agencies to continue to study, refine and absorb the contents of the reports in the presentations and comments at the workshop to better serve the research, development and completion of the "Project to perfect the structure of Vietnam's legal system, meeting the requirements of national development in the new era".

Comrade Phan Dinh Trac also believes that with the innovative thinking, determination and great efforts of the Ministry of Justice, the Law and Justice Committee of the National Assembly, the cooperation of central and local ministries, branches, experts, scientists, jurists, lawyers, relevant agencies and organizations, the Ministry of Justice will certainly fulfill its assigned tasks and contribute to building a Vietnamese legal system that is truly high-quality, modern, synchronous, approaching advanced international standards and practices and suitable to the country's reality, implemented strictly and consistently, which is a solid foundation for the country's rapid and sustainable development in the new era.

Dieu Anh

Source: https://baochinhphu.vn/xay-dung-cau-truc-he-thong-phap-luat-phai-can-doi-hai-hoa-hop-ly-giua-cac-linh-vuc-102251101152417646.htm