Opinion
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| Nguyễn Thanh Tịnh, Deputy Minister of Justice. VNA/VNS Photo |
As Việt Nam enters a new era defined by rapid and sustainable growth, the demands placed on institutional and legal reform are becoming increasingly rigorous, requiring stronger innovation in thinking and more proactive, flexible approaches.
In an interview with the Vietnam News Agency, Nguyễn Thanh Tịnh, Deputy Minister of Justice, offered an in-depth analysis of the role institutions and laws have played over more than four decades of Đổi mới (Renewal), while outlining key priorities to ensure the legal system truly enters daily life and becomes a major driver of national development in the coming period.
Looking back over 40 years of Renewal, how do you assess the role of institutions and law in Việt Nam’s socio-economic achievements?
It can be affirmed that throughout 40 years of Renewal, institutions and law have served as the foundation and played a decisive role in the country’s socio-economic development.
In the early years of reform, as Việt Nam transitioned from a centrally planned, subsidy-based system to a socialist-oriented market economy, the most critical breakthrough was the transformation in institutional and legal thinking.
Previously, economic activity was largely confined to the state sector and state-owned enterprises. With Renewal, the law established a legal framework that enabled other economic sectors to participate in investment, production and business. This was not merely a shift in economic mechanisms but a fundamental transformation in governance through the rule of law.
Through the timely institutionalisation of the Party's policies and guidelines, the legal system has been progressively developed and improved, creating an increasingly transparent and enabling legal environment for business and production. This process has helped mobilise and effectively utilise social resources, promote economic growth, maintain social stability and improve living standards.
Over the past 40 years, practice has also shown that institutional and legal development is a continuous process closely tied to real-world demands. Việt Nam has repeatedly acknowledged shortcomings and limitations in its legal system, introducing amendments and improvements accordingly. Recent assessments indicate that the country’s legal framework is now relatively comprehensive, coherent and complete.
It is this sustained commitment to institutional and legal reform, grounded in practical experience, that has produced remarkable development outcomes. From a country once facing food shortages, Việt Nam has become one of the world’s leading rice exporters. From an underdeveloped economy, it has gradually integrated deeply into the global economy. These achievements underscore the critical role of institutions and law in national development.
As the Party and State emphasise the role of development-enabling law, how has institutional reform evolved in recent years?
At this new stage of development, expectations placed on institutions and law are higher than ever. Law must go beyond its traditional function as a tool for state and social management and become an enabler of development, creating a favourable legal environment in which citizens and businesses can invest and operate with confidence.
This spirit has been clearly reflected in Party resolutions, including Resolution No. 66-NQ/TW, as well as directives from national leaders. Law provides both a framework to regulate social behaviour and a foundation for mobilising and unlocking development resources.
In practice, Việt Nam has taken proactive steps in drafting and issuing laws that open up new development space. Within a relatively short period, numerous laws related to science and technology, innovation and digital transformation have been enacted. These are emerging fields, in some cases without precedent, yet Việt Nam has not waited for practice to fully evolve before regulating them. Instead, it has proactively established legal corridors to guide and accelerate development.
A particularly notable innovation is the National Assembly’s approval of pilot and special mechanisms granting the Government greater authority to issue normative resolutions addressing urgent practical challenges. In certain cases, these resolutions may differ from existing laws, National Assembly resolutions or ordinances, demonstrating strong institutional innovation.
This approach reflects a principle of implementation alongside review and refinement, using practice as the ultimate benchmark before formalising policies into law when conditions are mature. This ensures both policy flexibility and the integrity of the legal system.
Under the Party’s leadership, institutional reform has become more proactive, flexible and responsive to real-world needs. Law now not only manages but actively removes institutional bottlenecks, unlocks resources and drives development. This is a defining feature and key highlight in building Việt Nam’s socialist rule-of-law state in recent years.
What priorities must be addressed to ensure the law truly supports development in the coming period?
To maximise effectiveness, the foremost priority is to continue institutionalising Party resolutions. These resolutions provide strategic vision, clear objectives and sound solutions. However, without timely, comprehensive and consistent legal codification, their effectiveness cannot be fully realised. A thorough review of key resolutions, especially those of strategic importance, is therefore essential.
At the same time, discipline and accountability in lawmaking must be strengthened. Experience shows that ministries and sectors that prioritise institutional development are more effective in resolving governance challenges. This responsibility rests directly with leaders, not only in state management but also in enabling development.
Equally important is law enforcement. Laws must be accompanied by timely and coherent implementing regulations to ensure effectiveness upon entry into force. Thorough preparation of draft laws, comprehensive policy impact assessments and clear delineation of regulatory authority between laws, decrees and circulars are fundamental principles, though not always fully observed in practice.
Citizens and businesses must strengthen their legal awareness and responsibility within the rule-of-law state. Compliance with the law is both an obligation and a right. Citizens and enterprises should not passively wait for institutional improvements but actively learn about the law, provide feedback and even participate directly in policymaking. This is a vivid expression of democracy and a foundation for a strong rule-of-law state.
Administrative reform is another breakthrough priority. Administrative procedures directly reflect how the state serves citizens and businesses. Moving forward, authorities must comprehensively review procedures based on risk assessment, identifying which procedures are essential and which can shift to post-inspection. The principle is to safeguard freedom of business and fair competition while maintaining strict oversight in areas affecting public health, safety and legitimate rights.
Finally, policy and legal communication are indispensable. Communication serves as a bridge between institutions and society, helping citizens and businesses understand and trust the law, thereby encouraging voluntary compliance. Communication must take place before, during and after the drafting, adoption and implementation of laws.
Only with effective communication can law truly enter daily life and become a powerful driver of rapid and sustainable development in Việt Nam’s new era. — VNS