Dr Đoàn Thị Tố Uyên, head of the Department of Administrative Law under the Hà Nội Law University. Photo baochinhphu.vn

The Government News spoke to Dr Đoàn Thị Tố Uyên, head of the Department of Administrative Law under the Hà Nội Law University on a changing mindset in the law making process.

How do you evaluate the current process of law making and legal reforms in our country?

Over nearly 40 years since the Đổi Mới (Renewal) period began in 1986, the law-making process has undergone significant changes in both quantity and quality.

Previously, very few laws were enacted, with most regulations being issued in the form of ordinances to govern social relations. Today, the number of laws passed by the National Assembly has expanded to cover almost all aspects of social life, with increasing quality, providing a legal framework for economic and social development.

Before the Đổi Mới period, law making was not given due attention. In some phases, the Communist Party's policies were directly implemented to address emerging issues in social governance.

After the 6th National Party Congress, the transition from a centrally-planned economy to a socialist-oriented market economy required a shift in legal frameworks to accommodate new social relations. As a result, the legal system has gradually improved in both quantity and quality.

Today, with rapid changes in reality, advancements in science and technology and global fluctuations, it is essential to reassess our legal system to ensure it remains relevant.

Compared to the past, the approach to law making has become more defined, with legislative procedures continuously improving. Policy formulation and codification have become more professional and the training of legal professionals has been prioritised, laying the foundation for effective legal enforcement.

Addressing the 8th session of the 15th National Assembly, Party General Secretary Tô Lâm emphasised the need for strong reforms in legislation, advocating for a shift in legal thinking to ensure both State management and the promotion of creativity, unlocking productive potential. He also called for abandoning the rigid mindset of "if it cannot be managed, then ban it'. What is your perspective on this?

I strongly agree with the Party General Secretary’s view on the need for a fundamental overhaul of the legislative process, as several limitations in law-making have become bottlenecks for development.

The quality of legal drafting and revision has not always met practical demands, with some laws requiring immediate amendments after enactment. Regulations sometimes lack coherence, overlap, or pose difficulties in enforcement, leading to resource waste and missed opportunities for economic growth.

Additionally, administrative procedures remain cumbersome, and law enforcement remains a weak link. Delegation and decentralisation of authority have not been implemented thoroughly, with unclear accountability, bureaucratic overlaps between legislative and executive functions, and inefficiencies in governance. These longstanding issues need urgent resolutions to prevent further obstruction to national development in the new era.

Indeed, there has been a persistent mindset among some State agencies that 'if it cannot be managed, then ban it', which manifests not only in policymaking but also in legislation. Many legal provisions have been drafted to address immediate concerns without considering long-term implications, making enforcement difficult and necessitating frequent amendments. Some regulations even hinder social development—for example, certain provincial-level rules once prohibited street vending on major roads.

The purpose of the law is both to regulate social relations for State management and to provide long-term direction for societal development. However, this second function has not been fully realised, as legislative and policy-making bodies have not given it sufficient attention.

To remove institutional bottlenecks, a strategic solution is to reform legal thinking to ensure that legislation supports both state management and innovation, thereby shaping social progress.

Despite ongoing reforms, many bottlenecks in law making remain. What are the main obstacles to changing the legal mindset today?

The first obstacle is a narrow view which regards laws as a mere management tool. Many still perceive law as a mechanism to address immediate governance challenges rather than a framework for long-term societal development. Some officials remain stuck in outdated thinking, resistant to change and lack the confidence to advocate for progressive legal reforms.

Secondly, that is the weak power control in law making. Oversight mechanisms in legislative processes are still inadequate. In some cases, discipline and accountability in law making have not been upheld, leading to interest-group influences in legislation.

The third barrier comes from fragmented law-making processes.

These challenges stem from an incomplete understanding of the law’s role. Many still see law primarily as a tool for maintaining order, rather than as a foundation for development.

The competence of legal drafters—especially at local levels—remains insufficient. While legal training has improved, many officials still lack the necessary analytical, forecasting and legislative drafting skills. The current incentive system does not attract highly skilled legal experts, further limiting capacity.

Moreover, financial resources allocated for law making, particularly for policy analysis and impact assessments are inadequate. International cooperation in legislative development has provided some support, but funding remains limited and largely reliant on constrained State budgets.

Finally, legal education and training do not fully align with practical needs, resulting in a disconnect between legal professionals and real-world legislative demands.

What reforms in legal thinking do you propose to meet the demands in the new era of the nation’s rise?

First, I propose shifting legal thinking to balance governance and innovation. The legal system should not only serve as a regulatory framework but also as a catalyst for development.

This requires a renewed understanding of the law’s nature, role and function, emphasising its role in fostering development, reforming legislative procedures for greater efficiency and coherence and increasing financial and human resource investments in law making.

These reforms are crucial to ensuring that our legal system aligns with the demands of the modern era and supports the nation's sustainable development.

Second, we must ensure that laws are stable and have long-term value. We must only regulate framework issues and issues of principle.

Practical issues that fluctuate frequently are assigned to the Government and local areas to regulate to ensure flexibility in management in accordance with the spirit of the Government.

The legal making mindset must be changed to keep up with reality and respect objective reality. To achieve this, in the law-making process, it is necessary to invest resources and attach importance to policy analysis, assess the impact of policies in a substantive manner and ensure the long-term predictability of laws.

Third, focus on controlling power in law making, tighten discipline, promote responsibility, especially the responsibility of leaders and resolutely fight against negative phenomena and group interests.

Then we must urgently build a legal corridor for new issues and new trends, especially those related to the fourth industrial revolution, artificial intelligence, digital transformation, green transformation to create a legal framework to successfully implement the digital transformation revolution, creating a breakthrough for the country's development in the following years.

Finally, we should train and foster a team of civil servants to carry out the law-making process professionally. VNS