The report says the legal system is cumbersome and complicated with a huge number of by-law documents, especially legal documents released by ministries and ministry-level ones.

Many regulations have been found as overlapping and contradictory with low feasibility and predictability, which affects the stability of the legal system.

Inadequacies in some legal documents have been discovered, but have been slowly amended and supplemented.

Some regulations are not ‘accurate and universal’ and the expression is not clear and easy to understand as required by the Law on Promulgation of Legal Documents, thus leading to inconsistent understanding and application.

The provisions in some legal documents are incomplete and unclear, which causes difficulties in law enforcement.

Law enforcement still has problems that need to be fixed. For example, the link between law building and law enforcement in some fields is ineffective, unable to fully and promptly reflect practical needs.

The mechanism to ensure people’s supervision over law enforcement is not effective. Many legal documents are not applied because of inappropriate attention to impact assessments and enforcement conditions.

Amendments to be made to many documents

In the 56-page report to the National Assembly with attached appendixes, the government listed a series of legal documents found as containing contradictory, overlapping and unreasonable provisions.

For every regulation which has problems, the government showed a solution for settlement.

Regarding regulations on the conditions for businesses to join the market, management organization and enterprises’ operation, the government checked 411 legal documents (57 laws, 261 decrees, 01 Prime Minister’s Decision and 92 circulars) and discovered some contradictory and unreasonable provisions.

One of the unreasonable provisions is on requiring business registrants to submit juidicial records.

Point e, Clause 2, Article 18 of the 2014 Law on Enterprises stipulates: “In case the business registration agency requests, the people who register to establish business must submit jurisdicial record to the business registration agency”.

The regulation may lead to arbitrary implementation, placing difficulties on enterprises.

The solution is to specify the cases in which the business registration agency requests enterprises’ judicial records in the by-law documents which guide the implementation of the Enterprise Law.

The 2014 Housing Law prohibits using apartments for non-housing purposes. However, the Decree 139 that guides the implementation of the law only stipulates the fines on the behaviors of ‘using apartments for non-housing purposes’, and it doesn’t have regulation on remedial measures (for example, forcing businesses to move to other locations which are not apartments within 6 months). 

Luong Bang

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