Special mechanism to handle difficulties and problems due to legal regulations

This Resolution stipulates the criteria for determination, principles, plans, procedures and responsibilities in handling difficulties and problems caused by legal provisions.

Criteria for determining difficulties and obstacles due to legal regulations

Difficulties and obstacles caused by legal regulations are determined according to one of the following criteria that cause hindrance, blockage, or obstruction to socio -economic development:

Contradictory or overlapping provisions within the same legal document or between legal documents.

The provisions of legal documents are unclear, have many different interpretations, are unreasonable, unfeasible, causing difficulties in applying and implementing the law.

Regulations of legal documents create a burden of compliance costs; there are no regulations or there are regulations of legal documents but they limit innovation, development of new growth drivers, unlocking resources, promoting economic growth, and international integration.

Principles for handling difficulties and problems due to legal regulations

Fully, correctly and promptly institutionalize the Party's policies and guidelines; ensure the constitutionality and unity of the legal system.

Ensure publicity and transparency; control power, prevent and combat corruption, waste, negativity, group and local interests.

Quickly, promptly, and with a focus on urgent practical issues, turning the law into a competitive advantage.

Not contrary to international treaties of which the Socialist Republic of Vietnam is a member.

Ensure human rights, basic rights and obligations of citizens, rights and legitimate interests of people and businesses, especially the rights to freedom of business, property ownership rights and freedom of contract; do not unreasonably increase responsibilities for people and businesses.

Solutions to handle difficulties and problems caused by legal regulations

1. Difficulties and obstacles caused by legal regulations are handled according to the following options:

a) Explain laws, resolutions of the National Assembly , ordinances and resolutions of the National Assembly Standing Committee as prescribed in Article 60 of the Law on Promulgation of Legal Documents; guide the application of legal documents as prescribed in Article 61 of the Law on Promulgation of Legal Documents;

b) Promulgate legal documents according to simplified procedures to regulate new issues, amend, supplement or replace current regulations according to the provisions of the Law on Promulgation of Legal Documents;

c) Issue resolutions of the Government and resolutions of the National Assembly Standing Committee as prescribed in Clauses 2 and 3 below during the period when laws and resolutions of the National Assembly have not been amended, supplemented or replaced according to the plan prescribed in Point b above.

2. During the period when laws and resolutions of the National Assembly have not been amended, supplemented or replaced according to the plan prescribed in Point b above, the Government may issue legal resolutions to adjust a number of provisions of laws and resolutions submitted by the Government, report to the National Assembly Standing Committee and the National Assembly at the nearest meeting or session and implement as follows:

a1) In case the issuance of a resolution of the Government leads to the simultaneous amendment and supplementation of laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee not submitted by the Government, the drafting agency must seek opinions from the agency submitting such laws, ordinances, and resolutions, and the Government must report to the National Assembly Standing Committee before promulgation;

b1) In case the Government issues a resolution regulating an issue that is not yet regulated by law or resolution of the National Assembly or has a major impact on the socio-economy, national defense, security, or foreign affairs, it must seek the opinion of a competent Party agency before issuing it;

c1) In case the issuance of a Government resolution leads to the simultaneous amendment and supplementation of a Government decree, a Prime Minister's decision, or a circular of a Minister or Head of a ministerial-level agency, the content of such amendment and supplementation shall be specified in the Government resolution;

d1) The Government's Resolution must clearly specify the date of expiration, but must be before March 1, 2027; the list of legal documents and articles, clauses, and points proposed for amendment and supplementation to ensure consistency and synchronization.

Resolutions of the Government issued under this regulation are numbered and have their own symbols for monitoring and processing. The number and symbol of the resolution include: the number is written in Arabic numerals, the order is consecutively numbered by year, starting from 66.1; the year of issuance of the resolution; the symbol is NQ-CP. After the word "number" is a colon (:), between the resolution number, the year of issuance and the symbol is a slash (/). For example: Resolution No.: 66.1/2025/NQ-CP.

3. During the period when laws and resolutions of the National Assembly not submitted by the Government have not been amended, supplemented or replaced according to the plan prescribed in Point b above and are not subject to the case prescribed in Point a1 above, the Standing Committee of the National Assembly may issue legal resolutions to adjust a number of provisions of laws and resolutions and report to the National Assembly at the nearest session.

The resolution of the National Assembly Standing Committee must clearly specify the date of expiration, but must be before March 1, 2027; the list of laws, resolutions of the National Assembly and articles, clauses, and points proposed to be amended and supplemented to ensure consistency and synchronization.

Resolutions of the Standing Committee of the National Assembly issued under this provision are numbered and have their own symbols for monitoring and processing. The number and symbol of the resolution include: the number is written in Arabic numerals, the order is consecutively according to the years, starting from 66.1; the year of issuance of the resolution; the abbreviation of the Standing Committee of the National Assembly and the number of the National Assembly session. After the word "number" is a colon (:), between the resolution number, the year of issuance and the symbol is a slash (/). For example: Resolution No.: 66.1/2025/UBTVQH15.

Resolution No. 206/2025/QH15 takes effect from the date of approval until February 28, 2027./.

Source: https://baochinhphu.vn/co-che-dac-biet-xu-ly-kho-khan-vuong-mac-do-quy-dinh-cua-phap-luat-102250629131309348.htm