Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles arising from legal provisions

RESOLUTIONON

 Regarding SPECIAL MECHANISMS FOR HANDLING DIFFICULTIES AND OBSTACLES CAUSED BY LEGAL PROVISIONS

 OF THE NATIONAL ASSEMBLY

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 203/2025/QH15 CONSIDERING THE PROPOSAL OF THE PRESIDENT OF THE SUPREME PEOPLE'S COURT AT REPORT NO. 442/TTr-TANDTC ON JUNE 3, 2025;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to the Law on Legislative Documents No. 64/2025/QH15.

RESOLUTION:

Article 1. Scope of Regulation

1. This Resolution stipulates criteria for identifying, principles, plans, procedures, and responsibilities in handling difficulties and obstacles caused by legal provisions.

2. For contents concerning human rights, basic rights and obligations of citizens that must be regulated by laws according to the Constitution; limitations on human rights and citizens' rights; crimes and punishments; judicial proceedings; fundamental principles of organizational structure, this Resolution does not apply the handling plan for difficulties and obstacles as provided for in Clause 2 and Clause 3 of Article 4 of this Resolution.

Article 2. Criteria for Identifying Difficulties and Obstacles Caused by Legal Provisions

Difficulties and obstacles caused by legal provisions are identified based on one of the following criteria if they hinder, impede, or obstruct economic and social development:

1. Contradictory or overlapping provisions within the same legislative document or between different legislative documents;

2. Unclear provisions in legislative documents with multiple interpretations, unreasonable, impractical, causing difficulties in applying and implementing the law;

3. Provisions in legislative documents imposing excessive compliance costs; lacking regulations or having regulations but limiting innovation, new growth drivers, resource mobilization, and economic growth promotion, international integration.

Article 3. Principles for Handling Difficulties and Obstacles Caused by Legal Provisions

1. Fully, correctly, and promptly institutionalize the Party's guidelines and policies; ensure constitutional validity and consistency of the legal system.

2. Ensure transparency and accountability; control power, prevent corruption, waste, negativity, interest groups, and parochialism.

3. Promptly and effectively address urgent practical issues, making the law a competitive advantage.

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

5. Ensure human rights, basic rights and obligations of citizens, legitimate rights and interests of people and businesses, especially the right to engage in business freely, property ownership rights, and freedom of contract; do not impose unreasonable burdens on citizens and businesses.

Article 4. Plans for Handling Difficulties and Obstacles Caused by Legal Provisions

1. Difficulties and obstacles caused by legal provisions shall be handled through the following plans:

a) Interpretation of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly as prescribed in Article 60 of the Law on Legislative Documents; guidance on the application of legislative documents as prescribed in Article 61 of the Law on Legislative Documents;

b) Issuance of legislative documents through simplified procedures to regulate new issues, amend, supplement, or replace current provisions as prescribed in the Law on Legislative Documents;

c) Issuance of resolutions of the Government and the Standing Committee of the National Assembly as prescribed in Clause 2 and Clause 3 of this Article during the time when laws and resolutions of the National Assembly have not been amended, supplemented, or replaced according to the plan prescribed in Point b of Clause 1 of this Article.

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 of Clause 1 of this Article, the Government may issue resolutions to adjust certain provisions of laws and resolutions submitted by the Government, report to the Standing Committee of the National Assembly, and the National Assembly at the nearest session or meeting, and implement as follows:

a) In cases where issuing a Government resolution leads to simultaneous amendments and supplements to laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly not submitted by the Government, the drafting agency must seek opinions from the agencies submitting those laws, ordinances, and resolutions, and the Government must report to the Standing Committee of the National Assembly before issuance;

b) In cases where issuing a Government resolution involves significant adjustments to issues not covered by laws and resolutions of the National Assembly or has a major impact on the economy, national defense, security, and foreign relations, it must seek opinions from competent authorities of the Party before issuance;

c) In cases where issuing a Government resolution leads to simultaneous amendments and supplements to decrees of the Government, decisions of the Prime Minister, and circulars of ministers and heads of ministerial-level agencies, the content of such amendments and supplements must be included directly in the Government resolution;

d) Government resolutions must clearly specify their expiration date but must be before March 1, 2027; list legislative documents and articles, clauses, points proposed for amendment and supplementation to ensure consistency and synchronization.

Government resolutions issued under this provision shall be numbered and marked separately for tracking and processing. The number and mark of the resolution include: Arabic numerals starting from 66.1, year of issuance, and mark NQ-CP. After "number," there is a colon (:), between the resolution number, year of issuance, and mark, there is a slash (/). Example: Resolution number: 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 of Clause 1 of this Article and do not fall under the case prescribed in Point a of Clause 2 of this Article, the Standing Committee of the National Assembly may issue resolutions to adjust certain provisions of laws and resolutions and report to the National Assembly at the nearest session.

Resolutions of the Standing Committee of the National Assembly must clearly specify their expiration date but must be before March 1, 2027; list laws and resolutions of the National Assembly and articles, clauses, points proposed for amendment and supplementation to ensure consistency and synchronization.

The resolution of the Standing Committee of the National Assembly issued in accordance with the provisions of this clause shall be separately numbered and marked for tracking and processing. The number and mark of the resolution include: the number written in Arabic numerals, in consecutive order each year starting from 66.1; the year the resolution was issued; the abbreviated name of the Standing Committee of the National Assembly and the session number of the National Assembly. After the word "number," there is a colon (:), and between the resolution number, the issuance year, and the mark, there is a slash (/). Example: Resolution number: 66.1/2025/UBTVQH15.

Article 5. Procedure for drafting and issuing regulatory legal documents to address difficulties and obstacles caused by legal provisions

1. The agency issuing or the main drafting agency of the regulatory legal document shall be responsible for studying the directives of the competent authority, recommendations and reflections of agencies, organizations, and individuals, reviewing and identifying difficulties and obstacles caused by legal provisions, and determining solutions to address these difficulties and obstacles according to the principles stipulated in this Resolution.

2. In cases where the Government issues resolutions pursuant to Clause 2 of Article 4 of this Resolution, the following procedures shall be implemented:

a) The main drafting agency shall prepare the draft resolution dossier to send to the Ministry of Justice to establish an independent review board to review before submitting to the Government, while simultaneously posting it on the electronic portal of the main drafting agency and the National Law Portal.

The dossier submitted for review includes: draft report; draft resolution; comparison of the provisions of the draft resolution with current regulations and reasons for proposed adjustments; report on incorporating and explaining opinions of relevant ministries and sectors and other documents (if any);

b) The independent review board shall be responsible for reviewing within five working days from the date of receiving the complete draft resolution dossier.

The content of the review includes: criteria, principles, solutions, and procedures for handling difficulties and obstacles as prescribed in this Resolution and the review contents stipulated at Points a, b, d, đ, and e of Clause 4 of Article 34 of the Law on Enacting Regulatory Legal Documents;

c) The review report must clearly state whether the draft resolution meets or does not meet the conditions for submission to the Government; opinions of representatives of the Ministry of National Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Science and Technology, Office of the Government, related agencies of the National Assembly, and the Vietnam Fatherland Front Central Committee. If the review report concludes that the draft resolution only meets the conditions for submission to the Government after incorporating and perfecting, then the specific content and requirements for incorporation and perfection must be clearly stated. The review report shall be sent to the main drafting agency.

In cases where the draft resolution does not meet the conditions for submission to the Government, the main drafting agency shall be responsible for researching, incorporating, and revising the draft resolution and sending the dossier to the Ministry of Justice for re-review. The re-review shall be conducted in accordance with the provisions of Clause 2 of this Article;

d) Within five working days from the date of receipt of the report from the independent review board, the main drafting agency shall revise and perfect the draft resolution dossier for submission to the Government for consideration and approval. The dossier for submission includes: the documents stipulated in Point a of this clause, the review report, and the report on incorporating and explaining the review opinions;

đ) The Government shall consider and approve the draft resolution within five working days from the date of receipt of the dossier stipulated in Point d of this clause.

3. The Minister of Justice shall establish an independent review board consisting of: the Chairman of the Board being the Leader of the Ministry of Justice, members of the Board being representatives of the Ministry of National Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Science and Technology, Office of the Government, related agencies of the National Assembly, and the Vietnam Fatherland Front Central Committee. Based on the content of the draft resolution, the Minister of Justice shall decide to invite representatives of ministries, agencies equivalent to ministries, experts, scientists, and other agencies and organizations to participate in the independent review board.

4. Members of the independent review board shall provide opinions on the review contents as stipulated in Point b of Clause 2 of this Article, including opinions on the following matters:

a) Members of the independent review board who are representatives of ministries and agencies equivalent to ministries shall be responsible for the review opinions within the scope of their respective ministries' national management over industries and fields. Representatives of the Ministry of Foreign Affairs shall provide opinions on compatibility with international treaties to which the Socialist Republic of Vietnam is a member; representatives of the Ministry of National Defense and the Ministry of Public Security shall provide opinions on ensuring defense and security requirements; representatives of the Ministry of Finance shall provide opinions on financial sources; representatives of the Ministry of Home Affairs shall provide opinions on decentralization and human resources; representatives of the Ministry of Science and Technology shall provide opinions on promoting scientific and technological application, development, innovation, and digital transformation; representatives of the Ministry of Justice shall provide opinions on constitutionality, legality, and consistency of the legal system;

b) Members of the independent review board who are representatives of National Assembly agencies shall provide opinions on the content of the draft resolution within their assigned areas; representatives of the Vietnam Fatherland Front Central Committee shall provide opinions on the content of the draft resolution related to the supervision and social criticism tasks of the Vietnam Fatherland Front.

5. The Ministry of Justice is the permanent agency of the independent review board. The independent review board may use the seal of the Ministry of Justice.

6. The Prime Minister shall issue the Regulation on the Operation of the Independent Review Board.

Article 6. Implementation Organization

1. The Government, ministries, agencies equivalent to ministries, and local authorities at all levels shall enhance the effectiveness of work on drafting and implementing regulatory legal documents; regularly review regulatory legal documents to identify and address difficulties and obstacles in accordance with the provisions of this Resolution within their respective jurisdictions, ensuring specific timelines and priority orders to effectively resolve difficulties and obstacles caused by legal provisions.

2. The Central Committee of the Vietnam Fatherland Front, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, relevant agencies, organizations, and individuals, within their respective duties and powers, shall be responsible for enhancing the effectiveness of work on drafting and organizing the implementation of regulatory legal documents; regularly reviewing regulatory legal documents to address or propose solutions to difficulties and obstacles caused by legal provisions; coordinating with the Government in implementing this Resolution.

3. Agencies shall prioritize resources to review, identify difficulties and obstacles, draft, examine, and verify projects and drafts of regulatory legal documents to address difficulties and obstacles caused by legal provisions, ensuring promptness, timeliness, and effectiveness.

4. The agency or person authorized to issue regulatory legal documents according to their authority or to submit to the competent authority for issuance of regulatory legal documents according to the simplified procedures prescribed in the Law on Issuing Regulatory Legal Documents shall issue or submit for issuance of regulatory legal documents adjusting the resolutions of the Government and the Standing Committee of the National Assembly stipulated in Clauses 2 and 3 of Article 4 of this Resolution before March 1, 2027.

5. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils, Committees of People's Councils, People's Council deputies, the Vietnam Fatherland Front, within their respective duties and powers, shall strengthen supervision over the implementation of this Resolution.

6. Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, and heads of agencies directly responsible for directing and bearing responsibility for the progress of reviews, identification, resolution of difficulties and obstacles, and the quality of issued or advised regulatory legal documents to address difficulties and obstacles caused by legal provisions within their areas of management according to this Resolution.

7. Heads of agencies and units, participants in drafting this Resolution, and those involved in identifying and resolving difficulties and obstacles under the special mechanism prescribed in this Resolution shall be exempted from liability if they have fully complied with all related procedures and regulations and acted without personal gain during the performance of their tasks, even though damage has occurred.

8. The Government and the Standing Committee of the National Assembly shall not delegate or decentralize the issuance of regulatory legal documents prescribed in Clauses 2 and 3 of Article 4 of this Resolution to address difficulties and obstacles caused by laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly.

Article 7. Implementation Provisions

1. This Resolution shall take effect from the date of its adoption until February 28, 2027.

2. In cases where laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly are amended, supplemented, or newly issued and become effective, the corresponding provisions in the Government's and the Standing Committee of the National Assembly's resolutions issued according to Clauses 2 and 3 of Article 4 of this Resolution shall cease to be effective, except as provided in Clause 3 of this Article.

3. In cases where actions are being carried out according to the provisions of the Government's and the Standing Committee of the National Assembly's resolutions issued according to Clauses 2 and 3 of Article 4 of this Resolution before the laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly stipulated in Clause 2 of this Article become effective, such actions shall continue to be carried out, except where the laws, ordinances, and resolutions provide otherwise.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, Kmeeting number 9 adopted on day24 the 6 in 2025.