Despite attention and direction, the slow issuance of detailed regulations has been one of the bottlenecks that has lasted for many years. In many meetings of the National Assembly Standing Committee and National Assembly sessions, many delegates have spoken about this situation. In the annual report on the work of building and organizing the implementation of laws, the Government has also frankly acknowledged this problem many times. However, to date, the slow issuance of guiding documents has not been completely overcome.
From October 1, 2024 to August 1, 2025, the Government, the Prime Minister and ministries and ministerial-level agencies are responsible for drafting and promulgating 420 detailed regulations. It can be seen that the volume of detailed regulations has increased dramatically according to the requirements and tasks in 2025, specifically an increase of 158 documents compared to 2024 and an increase of 291 documents compared to 2023. Of the 420 documents, 334 documents must be promulgated to detail laws, ordinances and resolutions that have come into effect and 86 documents detailing laws, ordinances and resolutions that will come into effect in the coming time. For the 334 documents detailing laws, ordinances and resolutions that have come into effect, 282 documents have been promulgated.
With 282 detailed documents issued, it shows the great determination and efforts of the Government , Prime Minister, ministers, and heads of ministerial-level agencies in issuing detailed documents. However, in the Report on the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee in 2025, the Government also stated that the issuance of detailed documents to take effect at the same time as the detailed documents has not been thoroughly implemented. The situation of slow issuance of detailed documents has been gradually overcome, but to date, there are still 52 slow documents that have not been issued.
The delay in issuing guidance documents is a reality that "already known, but it is so hard to keep talking about". This situation causes many consequences, leading to a number of legal regulations being "suspended", very good policies but cannot be immediately implemented in life because of the lack of specific instructions, causing confusion for enforcement agencies. This legal gap also leads to a situation where in some places, law enforcement agencies, because they comply with the law and are afraid of risks, only wait for guidance documents. But in other places, they proactively seek ways to apply them flexibly. This not only leads to a situation of inconsistent application of legal regulations, but also poses potential legal risks for enforcement agencies, people, and businesses whose rights are affected by this legal gap.
To quickly overcome this problem, the Government, the Prime Minister, ministries, branches and localities need to tighten discipline, clarify responsibilities and promptly handle violations in the law-making work. Focus on thoroughly handling the situation of slow and unpaid issuance of detailed regulations.
The Law on Promulgation of Legal Documents 2025 clearly stipulates that the competent agency or person promulgating detailed regulations shall be responsible for the progress and quality of the assigned documents. The head of an agency or organization shall be directly responsible for any delay in the submission or promulgation of legal documents under his/her authority; and shall be jointly responsible in the event that he/she has assigned his/her deputy to be directly in charge of the work of drafting laws. At the same time, the head of an agency or organization shall be directly responsible for the results of the work of drafting and promulgating legal documents of the agency or organization under his/her leadership; the results of implementation shall be the basis for evaluation, consideration of emulation, commendation, appointment, and reappointment.
Thus, the mechanism of responsibility for the delay in submitting and issuing detailed regulations for competent agencies and individuals has been established. The important issue is that we must publicize and be transparent about cases of delay in issuing detailed regulations to strictly handle responsibilities. When discipline and order in law-making are observed, it will contribute to ensuring the unity and uniformity of the legal system, overcoming the inherent shortcomings of some provisions of the law being "suspended" simply because of the lack of guiding documents.
Source: https://daibieunhandan.vn/khong-de-luat-bi-treo-10387734.html
Comment (0)