Delay in issuing legal guidance documents: An unavoidable delay!

This is also a weakness of the Law on Promulgation of Legal Documents 2008 but has been overcome in the 2015 law.

The 2014 Amended Investment Law and the 2014 Amended Enterprise Law are two of the 10 laws that will come into effect from July 1, 2015. The business community is expecting that these two new laws will create a breakthrough in economic institutions, creating a turning point in improving the investment and business environment. However, at the press conference on judicial work in the second quarter and the first 6 months of 2015, there were concerns that the two laws have been in effect for half a month but there are still no documents guiding the implementation of these two laws. Does the 2015 Law on Promulgation of Legal Normative Documents stipulate a time limit for issuing documents guiding the implementation of the law? Is there a way for the guiding documents to come into effect at the same time as the legal documents?

Mr. Nguyen Hong Tuyen, Director of the Department of General Issues on Lawmaking(Ministry of Justice)

Responding to this concern, Mr. Nguyen Hong Tuyen, Director of the Department of General Issues on Lawmaking, stated that due to not fully anticipating the difficulties in the process of drafting the Enterprise Law and the Investment Law, when drafting detailed guidance regulations, it is necessary to have a lot of coordination with ministries and branches, so delays are inevitable.

Mr. Tuyen said that this is also the reason that the Government and the Ministry of Justice have pointed out when talking about the backlog of documents detailing the implementation of laws and ordinances. This is also a weakness of the Law on Promulgation of Legal Documents 2008, leading to a situation where there is a law but no guiding document, so the law has not yet come into effect. However, this weakness has been overcome in the Law on Promulgation of Legal Documents 2015. Specifically, in Article 11, when submitting a legal document, draft documents detailing the implementation of that law or ordinance must be submitted at the same time.

Mr. Tuyen said that although such a regulation does not specify a time limit, it is more than just a time limit, meaning that with this regulation, all agencies and organizations that submit laws and ordinances will certainly have to submit detailed draft documents at the same time. Thus, when the law comes into effect, the detailed regulations will also come into effect.

To support businesses in implementing the new Investment Law and Enterprise Law, Mr. Tran Tien Dung, Chief of Office and Spokesperson of the Ministry of Justice, said that the Ministry's leaders have directed that these are two very important laws that impact people's lives and the activities of businesses and investors, so if any documents are drafted by ministries and sectors and sent, the Ministry of Justice will have to focus the highest resources, mobilize the Ministry's leading experts to review them day and night, to meet the needs of law enforcement.

In addition, according to Mr. Dung, the Ministry of Justice also has a legal support program for businesses under Project 585 through organizing seminars, exchanges, and training sessions so that businesses and investors can understand the law more deeply during the implementation process. In particular, "in controlling administrative procedures, we will also have solutions to check the implementation of administrative procedures. Previously, we only controlled the issuance of administrative procedures, now the key issue is implementation," Mr. Dung added.

According to experts, the 2014 Enterprise Law has fully institutionalized the freedom of business according to the 2013 Constitution; reduced risks, increased proactiveness and responsiveness in business activities of enterprises; facilitated the process of market entry; reduced time and costs in business establishment procedures. Some notable changes in the Law are that enterprises do not have to state their business lines in the business registration certificate; Enterprises have the right to decide on their seals; only enterprises in which the State holds 100% of the charter capital are considered state-owned enterprises, instead of 51% as at present...

With the amendment of the 2005 Investment Law, the 2014 Investment Law for the first time clearly defines the list of 6 prohibited investment and business sectors and 267 conditional investment and business sectors. In addition to these sectors, enterprises are completely free to choose their business sectors.

Some people think that the Law is "open" and the regulations under the Law must be "clear" so that the spirit of innovation and business support of the Investment Law and the Enterprise Law can truly create a turning point in improving the investment and business environment./.

According to VOV.VN