Vietnam’s Legislative Reforms for Streamlined Governance

Vietnam is on the verge of enacting two significant pieces of legislation aimed at simplifying its administrative framework and improving the efficiency of both central and local governance.

The forthcoming changes will introduce a revised Law on Government Organization alongside a Law on Local Government Organization, promising to transform legislative frameworks and reshape administrative functions.

During a discussion on February 13, Minister of Home Affairs, Pham Thi Thanh Tra, highlighted the critical nature of this reform, labeling it as “historic.”

She noted that these laws were drafted in a short span of two months to align with national priorities for streamlining government operations.

“The process felt akin to ‘building the plane while flying it,’ necessitating rapid development while ensuring consistency with existing legal regulations,” Minister Tra remarked.

A significant innovation in the new laws is the transformation of legislative principles. Rather than focusing on procedural specifics, the laws will lay out broad, foundational principles to foster sustainable governance while allowing for necessary adaptability.

The Minister illustrated that such an approach is already employed in several developed countries; for instance, China’s State Council Law comprises only 20 provisions, while Japan’s Cabinet Law contains 23, and Finland’s Government Act consists of 28, all allowing for flexible governance frameworks.

One of the primary features of the reforms is the clear delineation of authority between the central government and regional administrations.

The new laws reaffirm that the Government is the supreme executive entity tasked with executing policies and laws, whereas local governments will gain increased independence in managing their regional matters.

Furthermore, the reforms will clarify the duties of the Prime Minister, ministers, agency heads, and provincial leaders, aiming to minimize unnecessary escalations to the central authority.

Minister Tra asserted that this clear power distinction will foster greater accountability and operational efficiency across all governance levels.

The reforms will integrate three main principles: decentralization, delegation of authority, and administrative authorization.

Decentralization will empower local entities to address regional issues legally. Delegation of authority will be articulated in subordinate laws, enhancing the efficiency and adaptability of policy implementation.

Administrative authorization will enable prompt actions through government directives to tackle urgent matters.

Minister Tra emphasized that these reforms are aligned with General Secretary To Lam’s vision, advocating for local decision-making and accountability.

The existing legal structure in Vietnam is convoluted with overlapping authorities, which hampers efficient governance. A review illustrated:

• 177 laws assign roles to ministers and agency leaders.
• 152 laws delineate the Prime Minister’s powers.
• 141 laws govern the authority of Provincial People’s Committees and Councils.
• 92 laws combine different levels of local government roles.

Minister Tra warned that without significant reforms, bureaucratic inefficiencies and overlapping responsibilities would continue to obstruct effective governance.

Legislative delegation is a groundbreaking change in Vietnam’s legal context. This mechanism allows the Government to promptly issue decrees and administrative guidelines to address pressing governance needs without enduring lengthy legislative procedures.

“This represents a historic advancement in Vietnam’s legal framework,” the Minister commented, explaining that, without this flexibility, numerous practical challenges risk remaining unaddressed. The establishment of legislative delegation was a carefully considered decision to foster a more responsive and agile governance model.

To ensure a smooth transition, the Government has already prepared crucial regulations and guidelines tied to these new laws.

“Implementation will commence immediately upon National Assembly approval. We will avoid any legal void,” Minister Tra assured.

Additionally, she stressed the need for a comprehensive review and update of related laws within two years of the new laws’ enactment to uphold legal coherence.

The introduction of the revised Law on Government Organization and the Law on Local Government Organization indicates a transformative leap in Vietnam’s governance framework. By prioritizing decentralization, articulating clear responsibilities, and instituting legislative delegation, these reforms will significantly bolster the effectiveness and efficiency of government operations.

With these advancements, Vietnam is positioning itself to adopt a modern, agile, and streamlined governance model, preparing its administrative system to face future challenges confidently.