Law making must ensure the elimination of the mindset of 'if you can't manage it, then ban it'

On March 19, the Government held a thematic session on law-making in March 2025 to review and give opinions on: the Law on Atomic Energy (amended); the Law on Science, Technology and Innovation; amend and supplement a number of articles of the Law on Economical and Efficient Use of Energy and propose the development of the Law on Enterprises (amended).

Concluding the meeting, Prime Minister Pham Minh Chinh requested that laws must specify the Party's policies and guidelines, especially newly issued Resolutions, Conclusions, and Directives.

At the meeting, Government members said that the development of the above laws is extremely necessary, meeting practical requirements, aiming to perfect the legal framework; improve the effectiveness and efficiency of state management activities in promoting the application of atomic energy for peaceful purposes, serving socio-economic development; developing science, technology and innovation; encouraging the use of energy economically and efficiently; promptly removing difficulties and obstacles, creating an open and favorable legal environment for businesses...

With the draft Law on Atomic Energy (amended), the Government focuses on discussing policies on promoting the development and application of atomic energy; ensuring safety, radiation and nuclear security and decentralization of state management; nuclear inspection activities; management of radioactive waste, spent radioactive sources and spent nuclear fuel; response to radiation and nuclear incidents; civil liability for nuclear damage.

Contributing to the development of the Law on Science, Technology and Innovation, many delegates said that the regulations must have breakthroughs, positive impacts, effectiveness and efficiency on scientific research activities, technology development and application; promote the science and technology market; promote innovation and technology application in social life, thereby promoting economic growth, ensuring national security and safety, improving the material and spiritual life of the people; making science, technology and innovation truly become the driving force to complete the industrialization and modernization of the country as proposed by the 13th National Party Congress; especially institutionalizing Resolution 57 of the Politburo.

Delegates said that the development of the Enterprise Law (amended) aims to continue perfecting the legal framework to "untie enterprises", promote enterprise development, attract investment in production and business; contribute to improving the investment and business environment to be favorable, safe and transparent; ensure urgency, timeliness, completeness, synchronization, unity, effectiveness, efficiency and suitability with practical requirements...

The Government spent time discussing issues related to market entry and business withdrawal; corporate governance; implementation of international commitments on anti-money laundering; legal basis for individual business activities, etc.

Regarding the amendment and supplementation of a number of articles of the Law on Economical and Efficient Use of Energy, the Government discussed the contents to remove difficulties and obstacles in the current implementation; strengthen sanctions to ensure compliance with the provision of information and data on energy consumption and business activities of enterprises to competent authorities; regulations on preferential policies and financial support tools; market transformation and performance management of energy-using vehicles and equipment; improve the effectiveness of state management in the field of economical and efficient use of energy, etc.

Along with discussing and giving opinions on each content of the laws, proposing to build laws, concluding the meeting, the Prime Minister reiterated that investing in perfecting and building laws is investing in development; doing a good job of building laws will create opportunities for development.

Ministers, heads of ministerial-level agencies and government agencies must directly and spend time, effort, intelligence, resources, and have policies and mechanisms for law-making, not only within the scope of their own ministries and sectors, but must also contribute ideas to other ministries and sectors and localities to continue reviewing, proposing amendments and supplements to perfect institutions and laws.

Perfecting institutions and laws in the direction of removing difficulties and obstacles and mobilizing resources for development; cutting unnecessary administrative procedures; promoting decentralization and delegation of power along with resource allocation, improving enforcement capacity, and strengthening supervision and inspection.

The Prime Minister requested that the law must specify the Party's policies and guidelines, especially the newly issued Resolutions, Conclusions, and Directives, and must ensure 6 clarity: clarity of inherited and omitted content; clarity of revised and improved content; clarity of supplementary content; clarity of administrative procedure reduction and simplification content; clarity of decentralization and delegation of power from where and to where; clarity of issues with different opinions and handling directions.

The Prime Minister noted that in the process of law-making, it is necessary to ensure the elimination of the mindset of "if you can't manage it, then ban it", in the direction of "locality decides, locality does, locality is responsible", the law only regulates in a framework, in principle, the contents under the authority of the National Assembly, the authority of which agency, which level, that agency, that level shall issue regulations; build one law to amend many laws...

The Prime Minister directed that the law is built to ensure 5 clarity: clear people, clear work, clear time, clear responsibility, clear products. The Prime Minister requested relevant parties to focus on reviewing current legal regulations to perfect the legal system, create conditions for the operation of the new apparatus, ensure smoothness and efficiency, leave no legal gaps, promptly handle problems arising in practice; continue to well organize the implementation of the Laws and Resolutions passed by the National Assembly at the 9th Extraordinary Session of the 15th National Assembly, especially removing difficulties and obstacles in institutions and policies, creating breakthroughs to perfect infrastructure, promote resources, create new development space, and achieve the set goals.

Prime Minister Pham Minh Chinh assigned specific tasks to ministries and agencies in developing and implementing the Laws and Resolutions passed by the National Assembly; promptly reporting to the Prime Minister and Deputy Prime Minister in charge on problems and difficulties in the implementation process; promptly completing and submitting to the National Assembly laws and resolutions at the 9th Session of the 15th National Assembly to ensure progress and quality; promptly developing and submitting laws and resolutions to serve the arrangement of administrative apparatus at all levels, ensuring continuity in the operation of agencies; especially proactively coordinating with National Assembly agencies in submitting, receiving, completing and submitting draft laws and resolutions; reporting to competent authorities on arising issues.