Developing a comprehensive, uniform and transparent legal institution

On the sidelines of the outgoing 13th National Party Congress, Deputy Secretary of Party Committee and Chairman of People’s Committee of Phu Tho Province Bui Van Quang granted an interview with Nhan Dan (People) Newspaper on the development of a comprehensive, uniform and transparent legal institution.

Deputy Secretary of Party Committee and Chairman of People’s Committee of Phu Tho Province Bui Van Quang.
Deputy Secretary of Party Committee and Chairman of People’s Committee of Phu Tho Province Bui Van Quang.

Q: The practice of leadership and administration at the provincial level has raises many problems that need to be addressed. What problems are signs of hindering socio-economic development in the locality as you see it?

A: The reality of the implementation and management of socio-economic development activities in the locality over recent times has shown that one of the problems with many limitations is the overlapping, contradiction and lack of feasibility of many legal documents, leading to difficulties in the implementation of programmes and projects in the locality.

The rapid changes of policies and laws have also caused many problems in reality, such as the regulations related to land, natural resources, environment, forestry, preferential policies and investment attraction. The inconsistency and contradictions among legal documents are the direct cause of the prolongation of the time to make dossiers and procedures as well as the arising of petitions and complaints due to different understanding and application.

In addition, the inspection and supervision activities are still prolonged. There are even cases criticising errors and not guiding, which accidentally reduced the enthusiasm and creativity of local cadres.

Many works have been decentralised, but they still had to wait for the decisions from upper ministries and agencies. There were cases where the reply of the upper ministries and agencies were not clear, so the locality could not implement projects, leading to negative impacts on the investment environment of the province. Legal documents in general have not yet formed a unified and throughout whole. Therefore, cadres and civil servants could take advantage of the limitations in policies and laws to put them into a "flexible" form, so that they could do or not do, handle or not handle. As a result, prolonged complicated and negative cases occurred, forcing agencies to take a long time to resolve and causing great waste in the society.

Q: The issues you have just mentioned have been a common concern of many localities in recent years. In your opinions, what should be done to overcome those limitations and shortcomings?

A: The immediate work is to overcome contradictions in legal documents. The application of legal provisions must be appropriate to practical conditions, from time to time. The laws must be clear and feasible to explain people and businesses, it is crucial to enhance the review and adjustment of the inappropriate regulations as well as strengthening the consistency among legal documents. In addition, regions and localities have different socio-economic characteristics; therefore, the laws should also ensure the compatibility and feasibility. The issues that are decentralised to the locality for decision need to be clearly stated in the laws.

The implementation of policies and laws related to land is the most prominent issue, mainly due to inconsistent policies and laws. Regarding this field, the promotion of democracy should be associated with strict enforcement of the laws and assurance of the interests of the State, people and businesses in accordance with the law. During the inspection and supervision process of the functional sectors, it is necessary to clarify the objective and subjective causes, the errors caused by mechanisms, policies, laws and intentional violations.

In fact, the Party committees and authorities in all localities want to deploy the works quickly and create favourable conditions for businesses and people who want to comply with the law but still face many problems from the national policies and laws. The clearing of such problems should be considered an important content in the agenda of the Party Congress and an urgent task in the coming period.

Thank you very much!