Forum discusses judicial developments

HA NOI — Viet Nam has recorded impressive achievements in developing a comprehensive legal framework and reforming the judicial sector's institutions in the 20 years since committing itself to the rule of law, said United Nations Viet Nam Resident Co-ordinator John Hendra yesterday.

"The urgent challenge now is to ensure that laws really work in practice, especially for the poor and other disadvantaged groups who need legal protection most of all," Hendra told the 7th Partnership Forum entitled "Strengthening Access to Justice" held in Ha Noi.

The forum, co-organised by Viet Nam's Ministry of Justice and the United Nations Development Programme, hosted discussions and presentations on the priorities for the legal and judicial systems in the next decade and issues around legal empowerment of the poor and access to justice.

Research presented at the forum shows encouraging progress in people's awareness and growing trust in the legal system over the last seven years.

It also identifies some key challenges such as the continuing low awareness of, and access to legal aid services.

"As Viet Nam increasingly focuses on ensuring that its laws are enforced and that its institutions are working for the poor and disadvantaged in practice, more policy research and analysis of this kind will be essential," Hendra said.

In his presentation at the forum, Dr Le Hong Hanh, director general of the Legal Research Institute, Ministry of Justice, pointed out two general shortcomings in Viet Nam's legal system, which were its low quality and the lack of links between law-drafting and enactment.

"Law making and the implementation of laws haven't been combined into a continuous process, which is clearly stated in Resolution 48-NQ/TW. In fact, serious consideration hasn't been given to the implementation of laws prior to their promulgation, nor in terms of a regulatory impact assessment," Hanh said.

He said the lack of a monitoring mechanism meant a certain number of laws, although quite progressive, seemed not to be effectively implemented.

Research into the legal framework on civil and economic matters led Dr Pham Duy Nghia, Professor of Law, HCM City University of Economics, to suggest less interference by the Government in the business environment.

"Despite many achievements in legislation, the enforcement of laws has become particularly hard when the Government, ministries and provincial People's Committees still deeply interfere in the business environment through SoEs and administrative orders," Nghia said.

"In terms of the implementation of civil and economic laws, we believe that the focus in the next five years shall be on a re-arrangement of national governance.

"The Government, ministries and provincial People's Committees must withdraw from business activities," he added.

The research also suggested the ownership model for State-owned enterprises serving public services, in which the ownership rights should not belong to the Government, ministries and People's Committees, and should be given to independent public property management organisations with the involvement of elected bodies and businessmen.

When withdrawing from the business sector, the Government should have the necessary capacity to implement regulatory policies, determine standards, and protect public resources, the environment and other fields through regulatory laws on the economy, the research concluded. — VNS