In his conclusion at the Government conference on institution building and completing, Prime Minister Pham Minh Chinh urged to enhance awareness of the importance of institution building and completing, pay attention and reinforce resources for this task as strategic breakthrough and “lever” to facilitate development.

On September 16, the Government organized the National Conference on institution building and completing chaired by Prime Minister (PM) Pham Minh Chinh. The conference focused on removing institutional “bottlenecks” and obstacles. At the event, the participants made an overall review on the achievements and results in building and completing institution and law enforcement while identifying limitations and causes to work out key orientations, solutions and tasks for innovating and improving quality of this task.

 At the conference, institution completion was defined a top prioritized task, one of the three strategic breakthroughs as set out at the Resolution of the 18^th National Party Congress to reinforce resources to build synchronous, transparent and feasible  legal system focusing on legitimate rights and benefits of the people and businesses to tap resources and foster innovation and creativity; build a lean, efficient and effective state apparatus improving disciplines and fighting against corruption; create a legal framework for successful implementation of the socio-economic development targets and ensuring national defense, security and foreign affairs.

In coming time, PM urged to concentrate on removing institutional “bottlenecks” and obstacles in “hot spot” sectors, which are public interest; timely respond to impacts of Covid-19 pandemic and meet requirements of the 4^th industrial revolution such as laws on environment and land, social security, finance and public-private cooperation; complete regulations on state apparatus organization with a boost in decentralization in line with inspection and supervision with laws; apply science and technologies, foster innovation and creativity, build and complete the pilot institutional framework on technologies, products, services and new business models.

Besides, the participants proposed orientations, tasks and solutions to improve quality of the law construction and enforcement in 2021-2026 tenure, with a vision to 2030. The Minister of Justice Le Thanh Long spoke on requirements for institution building and completing in 2021-2025 period, an orientation till 2030. The Ministry of Justice recommended to focus on completing legal institutions in prevention of Covid-19 and remedying consequences of the pandemic; pay high attention to removing obstacles that hinder development and improving investment and business climate; finalize the law on social security; foster digital transformation, develop digital economy and build digital Government; continue to complete regulations on state apparatus organization; ensure stability of the legal system; strengthen effectiveness and efficiency of law enforcement.

 Minister, Chairman of the Office of the Government Tran Van Son stressed the importance of collaboration in building laws and institutions which remains inadequacy and limitations in need of proper solutions to enhance efficiency. The Office of the Government recommended some solutions such as improving collaboration mechanisms and methods, enhance people’s awareness of roles and importance of collaboration, especially responsibility of the leaders and strengthen application of information technology in collaboration.

Secretary of the Party Committee of the Central city of Da Nang Nguyen Van Quang stressed, this issued had been drastically directed by the Government and Prime Minister. For example, in the fight against the pandemic, PM directed a strategic change combining concentration and unification in leadership and decentralization in line with strengthening inspection and supervision in implementation even at grassroots level considering communes and towns as a fortress and people as soldiers, which has brought dramatic results. Upon the PM’s request, leaders of the provinces and cities were given time to report, recommend and talk about difficulties and obstacles in law enforcement in the localities. Many provincial leaders highly agreed with the PM’s opinion about boosting decentralization and provided many specific recommendations.

Da Nang’s Party Secretary recommended to put more emphasis on responsibility of local government as being decentralized and the localities also need to boost decentralization i.e. chairperson of the provincial people’s committee shall decentralize authority to directors of the departments and district-level government. Besides, it is necessary to pay attention to policies to guarantee resources for decentralization, espcially human resources and facilities.

Talking to the localities, the PM repeated the Government’s point of view when the central ministries and agencies must focus on 5 main tasks: (i) building strategies and planning (ii) building institutions, mechanism and policies (iii) guiding inspection and supervision (iv) inspectation (v) rewarding and disciplining. The other tasks will be decentralized.

“Wherever there is no decentralization, should the local government report to the Government and the Prime Minister”, stressed the PM.

Chairperson of the People’s Committee of Quang Ninh province Nguyen Tuong Van shared some experiences in applying legal institutions to exploit resources for socio-economic development. Accordingly, this province hired overseas consultants to make strategic plannings because good plannings will bring good projects and good investors, which is a breakthrough to attract resources. They also recommended the central agencies policies on breakthrough piloting through big projects; build and make creative use of public-private partnership in infrastructure construction. Therefore, the province has mobilized about 47 trillion VND of capital resources, of which 1 VND of state budget spent could mobilize 8 or 9 VND of non-state fund. However, many localities have not clearly realized importance of institutional completion.

In his closing remark, the PM highly appreciated the dedicated and qualified opinions with many feasible recommended solutions. He required the Ministry of Justice, Office of the Government and related agencies to fully grasp these opinions and timely complete the written meeting conclusion to submit to the PM for signature. The PM highlighted some contents mentioned by the participants at the conference so that the ministries, agencies and localities to grasp thoroughly and better institution building and completing in coming time.

Firstly, it is necessary to raise awareness of the importance of institution building and completing. The PM stressed, many localities have not properly comprehended about this task where they have not realized that investing in institution building is investment for development. High-quality feasible and applicable institutions will facilitate sustainable development. Thus, leadership, direction and investment have not been worth a strategic breakthrough.

In fact, some ministries just assigned vice ministers even directors of the departments and some localities assigned vice chairpersons of the provincial people’s committee to be in charge of this task. Recently, the Government directed to change the assignment. The localities have not adjusted must immediately change. Party Secretary and chairperson of the provincial-level people’s committee must direct the institution building and completing with appropriate regulations ensuring concentrated, united and intensive leadership. Besides, it is essential to reinforce qualified and experienced human resources while provide adequate facilties and fund for this task and pay attention to policies for law makers.

 The PM reminded that at the resolution of the first meeting, the Government assigned the ministries, ministerial agencies and localities to promptly review the legal documents under their authorities to modify and supplement by authority or submit to the competent authorities for modification, supplementation or issuance to surmount difficulties and obstacles boosting development. Then, the PM reminded and urged these agencies for many times. The PM urged the ministers to immediately modify and remove obstacles in the circulars with top priorities for the national and people’s benefits. The governmental decrees should be reviewed for recommending modification and supplementation by related ministries and agencies with specific schedule under supervision and inspection.

Secondly, the PM requested to continue timely realizing and institutionalize the policies and guidelines of the Party, adhere to the 3 strategic breakthroughs, 6 key tasks and 12 main tasks and solutions following the 18^th National Party Congress based on the rule of law. After the law issuance, the Government shall build decress and the ministries shall provide guidance ensuring synchronousness to bring the Party’s policies and guidelines into real life. The localities should also realize and institutionalize the policies and guidelines in the resolutions of the all-level party congress.

Thirdly, it is required to build and complete institution to make it become a real “lever” to facilitate development, creating a driving force for development, promote resources in which human resource is the decisive factor (human is the center, subject, driving force, resource and target of the development) in line with natural resources, cultural resources and historical tradition.

 Fourthly, the PM urged to review and handle obstacles relating institution, mechanism and policy based on reality, combat against corruption, negative phenomena and interest groups in reviewing and building institutions. All policies and laws must be for the people and businesses and empower the people and businesses to contribute to development of the nation. During building and completing institutions, it is a must to collect opinions of the affected, people and businesses.

“Leadership and direction must be from the highest level but implementation and obstacle surmounting must be from the lower level”, stressed the PM.

Fifth, the PM said, law enforcement and supervision of law enforcement is still weak. It is required to strengthen supervision and inspection of law enforcement to know whether it is wrong or right, what the cause is (due to regulations, incorrect understanding or inadequate implementation). The PM urged to thoroughly grasp to the grassroots, people, businesses and subjects of application in law enforcement. In implementation, it is a must to pay attention to the grassroots level, where is closest to the people, lives with the people, works with the people and most understand the people.

 The PM took an example when he directed Minister of Health to provide quick, specific and clear guidance on Covid-19 testing to fight against the pandemic to the communal level to avoid difference understanding. The inspection on the pandemic prevention and control demonstrated that wherever local leaders firmly grasped the situations, guidelines and measures, the implementation gained good results and vice versa.

“Reports always show good points but we just realize where is good or bad after inspecting”, said the Chief of the Government.

Sixthly, boosting decentralization must be in line with defining responsibilities, designing tools for inspection and supervision and power control, arrange resources and reduce administrative procedures.

“Without decentralization, the management is just legalization and signature can make faults when the signatories do not know the real situations”, the PM spoke.

As many opinions at the conference mentioned creative use of legal regulation, the PM stressed there is no legal regulation covering all aspects of life. Some regulations were appropriate at the date issuance but they could become in appropriate the days after due to changes of the situations while it takes time to modify legal documents. Thus, it is required to grasp basic principles, apply creatively and flexibly to obey the laws conforming to real conditions and situations in implementing law enforcement based on the national and people’s interests where private and group interests must be handled. These depend on competence, qualification and virtue of officials at all levels.

In addition, the PM requested related agencies to research and recommend modification, supplementation and completion of the procedures for law inaction and amendment. In the complicated context with rapid and unpredicted changes where the rule of law requires work by laws; therefore, regulations must be timely amended to keep pace of the situation, exploit social resources and conform to the laws.

Regarding the specific recommendation at the conference, the PM ordered the related ministries and agencies to revise and report the Government for handling or submit the Government to recommend the National Assembly or competent authorities for handling.