Unlocking Bottlenecks: The Prime Minister’s Call for Immediate Action on Institutional Reform

On the afternoon of September 28, at the Government Headquarters, Prime Minister Pham Minh Chinh, Head of the Steering Committee for Reviewing and Handling Obstacles in the System of Legal Documents, chaired the Committee's third meeting.

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The meeting was attended by Deputy Prime Ministers Lê Thành Long and Hồ Đức Phớc, as well as ministers, leaders of ministries and sectors, and members of the Steering Committee.

According to the reports at the meeting, in order to address the results of the previous review, the Ministry of Planning and Investment has developed a proposal to build the Law on Public Investment (amended), the Law on Amending and Supplementing a Number of Articles of the Law on Planning, the Law on Investment, the Law on Investment in the form of Public-Private Partnership, and the Law on Bidding, along with the drafts of these laws.

Along with this, the Ministry of Finance has developed a proposal to build and draft the Law on Amending and Supplementing a Number of Articles of the Law on Securities, the Law on Accounting, the Law on Independent Audit, the Law on State Budget, the Law on Management and Use of Public Assets, the Law on Tax Administration, and the Law on National Reserve.

The drafts of the three laws mentioned above have been considered and opined by the National Assembly’s Standing Committee and will be reported to the National Assembly at the 8th session (October 2024).

Through a review of the issues of decentralization and authorization in the 2015 Law on Government Organization and the 2015 Law on Local Government Organization, the members of the Steering Committee noticed some obstacles related to the subject of decentralization, the receiver of decentralization, and the process of implementing decentralization; as well as the subject of authorization and the procedure for authorization.

The Steering Committee also reviewed and identified specific obstacles in some other laws. In the 2020 Law on Environmental Protection, there are obstacles regarding investment projects that require a change of land use purpose from 2 crops or more; and regulations on approving the results of the environmental impact assessment report.

In the Law on Marine and Island Natural Resources and Environment, there are obstacles related to the duration of sea burial permits and procedures for sea burial activities. In the 2018 Law on Cultivation, there is an obstacle in the regulation of fertilizer trading conditions.

The Steering Committee also studied the inconsistencies and inadequacies in laws that are not within the scope of the review request, finding 10 laws with 26 contents that have contradictions, overlaps, inadequacies, and obstacles that need to be considered and resolved.

Along with a lively discussion and opinions on the contents of the aforementioned inconsistencies and inadequacies, the members of the Steering Committee proposed to promote the handling of inconsistencies and inadequacies related to administrative procedures that have been approved by the Prime Minister in Decision No. 1015/QD-TTg dated August 30, 2022, especially some inconsistencies and inadequacies in the draft laws that are already in the program of law building, ordinances of the National Assembly, the Standing Committee, or are being submitted for construction.

NEW THINKING, STRATEGIC LONG-TERM VISION

Concluding the meeting, Prime Minister Pham Minh Chinh highly appreciated and basically agreed with the heartfelt, responsible, practical, profound, and high-quality opinions of the Deputy Prime Ministers and the members of the Steering Committee at the meeting. He assigned the Government Office to coordinate with the Ministry of Justice and related ministries and branches to fully receive the opinions and issue a conclusion of the meeting for unified implementation.

The Prime Minister requested that the members of the Steering Committee continue to closely follow the regulations on the activities, contents, and plans of the Steering Committee to contribute their efforts and wisdom to the review and handling of inconsistencies in the system of legal documents.

The ministers and branch heads should concentrate on directing decisively and effectively, focusing on leading, directing, prioritizing human resources, expenses, infrastructure, and time for the work of institution and law perfection, including the review and handling of inconsistencies in the system of legal documents.

Prime Minister Pham Minh Chinh emphasized that we are in a period of acceleration and breakthrough to complete the tasks of 2024 and prepare to step into 2025 – the year of completing all the goals of the 13th Congress of the Party. The 10th Central Committee Meeting emphasized the requirement to continue promoting three strategic breakthroughs, including promoting institutional improvement and removing bottlenecks in mechanisms and policies to unlock all resources for development.

Meeting Overview – Photo: VGP

According to the Prime Minister, the construction and perfection of institutions and laws must be oriented towards promoting stronger decentralization and empowerment; reducing administrative procedures and hassles, and compliance costs for people and businesses; eliminating the “asking-giving” mechanism and the environment for corruption and negativity, especially petty corruption; with a liberal, innovative, breakthrough, and long-term strategic vision for development, for the sake of national and ethnic interests, avoiding local interests.

The Prime Minister gave some specific examples related to the construction of regulations on the implementation of public investment projects, on public-private cooperation, and on encouraging rooftop solar power…

“The Central and the ministries and sectors focus on building laws, institutions, mechanisms, and policies, strategies, plans, and programs; promoting decentralization and empowerment, along with resource allocation, improving the capacity of lower levels, and designing monitoring tools; the locality decides, the locality does, and the locality takes responsibility,” the Prime Minister stated.

The Prime Minister noted that the process of reviewing and proposing the handling of inconsistencies in the law must start from reality and solve problems in reality. In law-building, there are contents that need to be detailed and specific, but there are also contents that need to be general and principled, especially issues that are still volatile. These should be left to the Government to regulate to ensure flexibility, and the authorities from the Central to local levels should implement them based on reality. For matters, projects, and tasks that the locality has done well, they need to be evaluated, generalized, and legalized.

The Prime Minister recalled the spirit of “What is ripe and clear, what is proven to be effective in reality, what the majority agrees with, let’s continue to do and legalize it. What is not yet regulated or what reality surpasses the regulation, let’s boldly pilot it, do it and gradually draw experience, expand it, and not be perfectionist or hasty.”

The review and handling of inconsistencies in the system of legal documents, in particular, and the construction and perfection of institutions and laws, in general, must ensure progress and quality. In the process of building laws, it is necessary to closely coordinate with the agencies of the National Assembly.

REVIEW TO REMOVE URGENT OBSTACLES

Regarding some specific contents in the three draft laws prepared by the Ministry of Planning and Investment and the Ministry of Finance for submission to the National Assembly, the Prime Minister requested the agencies in charge of drafting to closely coordinate with the agencies of the National Assembly, to receive reasonable opinions, to explain convincingly with specific data, and to perfect the draft laws.

The Prime Minister also opined on the handling solutions for the inconsistencies and obstacles that have been detected and reported at the meeting. For the inconsistencies and obstacles in the draft laws that are already in the program of law-making or are being constructed and submitted to the competent authority for opinions or consideration, the ministries and ministerial-level agencies shall summarize and propose handling within the process of completing and submitting to the competent authority for opinions or consideration. For draft laws that are not yet in the program, plan for law-making in 2025, summarize and report to the National Assembly.

Along with that, the Prime Minister requested to continue reviewing and identifying urgent inconsistencies and obstacles, and “bottlenecks” in the institutions that need to be removed to facilitate production and business of the people and enterprises, ensuring the goal of promoting growth, controlling inflation, and stabilizing the macro-economy in accordance with the requirements, tasks, and directions of the Government. Along with building laws, it is necessary to promptly build and promulgate decrees guiding the implementation of laws so that the laws can be implemented in a timely and effective manner.

Deputy Prime Minister Le Thanh Long, Vice Chairman of the Steering Committee for Review and Handling of Inconsistencies in the System of Legal Documents, speaks at the meeting – Photo: VGP

The Prime Minister assigned the Ministry of Justice to advise on the completion of the personnel of the Steering Committee in accordance with the Regulation on the Activities of the Steering Committee. At the same time, continue to synthesize the situation of handling documents after the review and the results of the review from the ministries, branch-level agencies, and localities; coordinate with the ministries and branch-level agencies to research and evaluate the review results, report to the Steering Committee for consideration and decision.

To ensure the objectivity, comprehensiveness, and accuracy of the review results, and to fully advise the Steering Committee, the Standing Office of the Steering Committee needs to flexibly organize conferences, workshops, and consultations with experts and scientists in the fields of law being reviewed in accordance with the provisions of law, especially on issues with different opinions between the proposing agency and the ministry and branch-level state management agency.

The Prime Minister assigned Deputy Prime Minister Le Thanh Long, Vice Chairman of the Steering Committee, to continue directing the Ministry of Justice, ministries, and branches to perform the tasks under the authority of the Steering Committee, reporting to the Prime Minister, the Head of the Steering Committee according to regulations.

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