📋 Tender Overview
On November 4, Minister of Justice Nguyen Hai Ninh chaired the Steering Committee meeting on implementing Resolution No. 66-NQ/TW to comment on the Project Improving the structure of Vietnams legal system to meet the requirements of national development in the new era and a number of other related contents. Minister of Justice Nguyen Hai Ninh chaired the Steering Committee meeting - Photo: VGP/DA At the meeting, Director of the Institute of Strategy and Legal Science Nguyen Van Cuong on behalf of the standing unit reported the results of research and development of the Project up to the present time. Speaking at the meeting, Dr. Duong Thi Thanh Mai, former Director of the Institute of Legal Sciences, Ministry of Justice, said that perfecting the structure of the legal system must be seen as a process of inheritance, acquisition and development, ensuring consistency between theory and practice. According to Ms. Mai, many ministries and branches have closely followed research requirements, proactively researched and specifically proposed necessary changes in the legal structure in the field of management. However, there are still some ministries and branches that just stop at repeating the general principles without making any clear structural changes or recommendations. Dr. Duong Thi Thanh Mai emphasized that the urgent requirement of the Project is to consistently apply the principles established in theory; At the same time, it is necessary to clearly point out which sectoral laws are lacking, as well as the structural gaps that need to be supplemented and completed. Citing a typical example of the administrative field - a large and complex field but Vietnam does not yet have a pivotal administrative law to serve as a common basis for a series of specialized laws, Ms. Mai said that one should not be afraid of adding new laws if they are laws that directly serve the improvement of the legal system structure. Giving comments at the meeting, Deputy Minister of Ministry Justice Dang Hoang Oanh emphasized that it is important to look directly at the legal groups that are playing a pivotal role to reinforce core principles, especially with public law - including laws regulating the relationship between the State and citizens, public interests and social order. Deputy Minister Dang Hoang Oanh said that the public legal system is not too much but must be strong enough, especially in areas such as the Constitution, Administrative Law, Penal Code and Criminal Procedure Code. These fundamental laws, if missing or incomplete, need to be reviewed and supplemented to ensure their role in regulating the basic principles of the rule of law. Regarding private law, the Deputy Minister proposed to identify pillar laws such as the Civil Code, Labor Code or Law on Marriage and Family, then review all related laws to ensure that each group of laws accurately reflects the regulatory nature of private law. The Deputy Minister said that perfecting the legal system must aim for a compact but not simplified legal system that is orderly and has a backbone. Another major issue that Deputy Minister Dang Hoang Oanh paid special attention to is the lack of consistency between sanctions in handling administrative violations and criminal sanctions. Accordingly, the current legal model causes the Penal Code to constantly be amended to add new crimes, while many countries apply a more flexible approach: crimes in specific fields are referenced and regulated in specialized laws, while laws on handling administrative violations only determine the form and framework of punishment. Vietnam has had some positive signals in this direction, such as the Law on Environmental Protection and the Law on Cyber Security, but needs to be stepped up to completely overcome the current gaps and inadequacies. View of the Steering Committee Meeting - Photo: VGP/DA After listening to opinions at the meeting, Minister of Justice Nguyen Hai Ninh emphasized the need to continue to improve the structure of the draft Project in a more strict and logical direction. Concepts and connotations must be clearly defined to ensure consistency when evaluating the current situation and proposing solutions. The Minister of Justice requested that the way to evaluate the current situation must also be based on each structure of the legal system: What are the elements of the formal structure, what is the current situation, where is it achieved and not achieved; The same goes for the content structure, platform and operating mechanism. Subsequent solutions must adhere to each respective structure. The Minister suggested grouping international experience into common values of modern legal systems and approaches consistent with the recommendations of the draft Project, which notes the role of case law, as well as the increase of pilot laws in the context of highly volatile socio-economic development. The Minister proposed to include in the legal system structure chart with 4 basic structures - form - content - mechanism. Operate to create visualization and increase connectivity between the following sections. At the same time, it is required to clarify the elements in each structure, avoiding the situation where the concept is general but the specific content is lacking. Regarding the group of solutions, the Minister emphasized the need to properly reflect the spirit of legal advocacy trends in countries around the world and practical requirements in the country, including a general review of the legal system and strong innovation of cultural unification activities.standardize the law-making process, apply AI and analyze impacts in a methodical manner. The Minister also pointed out the limitations in the current appraisal stage, from which the draft Project needs to propose solutions. Dieu Anh
