Following is the interview granted to the Viet Nam News Agency by the Vice NA Chairman:

First of all, could you please provide some information on the National Assembly’s efforts and resolve in constructing and completing a legal framework for Viet Nam’s accession to WTO?

For a long time, the NA has placed importance upon the lawmaking process for international integration. In annual and cyclical law and ordinance-making programmes, the NA pays due attention to international economic integration requirements so as to establish a suitable legal framework for Viet Nam’s entry into the WTO and for fulfilling international commitments. In 2005 alone, the NA passed 29 laws and codes, and gave opinions on 17 draft laws. The NA’s Standing Committee adopted three ordinances and many legally-binding resolutions. Many of the new laws have articles related to international economic integration requirements, such as the Civil Code, Investment Law, Enterprise Law, Law on Intellectual Property, Law on Competition, Commerce Law, Law on Customs, Law on Complaint and Denunciation, etc. Those laws are compatible with WTO regulations on tariffs, agriculture, industry, investment and Viet Nam’s commitments to WTO.

The laws have formed a legal framework for the development of a socialist–oriented market economy. Ownership regime and forms, legal status of enterprises and businessmen, freedom to do business, freedom of contracting, mechanisms for investment promotion and efficient mobilisation and use of social resources have been established under those laws. Basically, institutions of the socialist-oriented market economy have been formed.

Administrative rules and orders which governed civil, economic and commercial relations are being replaced by equal ones in accordance with traditional norms and practices, minimising the Government’s involvement through administrative tools in civil, economic and commercial relations in general and enterprises’ business in particular. The principle that citizens are allowed to do anything not prohibited by law is gradually taking root.

After reaching an agreement on conclusion of bilateral negotiations with the US, Viet Nam’s entry into the WTO is close. Could you please talk about the continuing formulation and completion of Viet Nam’s legal system to meet new requirements?

Construction and completion of the legal system in order to facilitate international trading activities between Viet Nam and other WTO members in accordance with international standards and practices is indispensable for international economic integration. This is also a requirement in constructing a law-governed socialist state of the people, for the people and by the people. Therefore, the following orientations should be followed in constructing and completing the legal system in Viet Nam:

First, to mobilise all resources on and hold all branches and levels responsible for constructing a legal system with sufficient and high-quality laws.  Every major activity in daily life should be governed by laws, so that by 2020 the legal system will be basically sufficient, comprehensive, feasible and transparent. This will serve as an efficient and effective tool in management of the state and the society, in developing a socialist-oriented multi-sectoral economy, in building a socialist law-governed state of the people, for the people and by the people, and in international integration. This all aims to successfully realise the cause of national industrialisation and modernisation for the purpose of wealthy people, a strong nation and a just, democratic and civilized society in Viet Nam.

Second, to construct and complete relevant legal documents to govern all economic, political, cultural, social, defense, security and foreign relations activities in line with the roadmap for Viet Nam to fulfill its WTO commitments. In the legal system, laws are the main legal form governing basic and important issues in social life and civil rights. The number of ordinances will decrease. In addition to supplementing and completing current laws and codes, all important activities in social life should be governed by major codes such as the Civil Code, the Penal Code, the Civil Procedure Code, the Penal Procedure Code, the Tax Code, the Law Enforcement Code, the Labor Code, the Land Law, the Environment Protection Law and the Code on Administrative Violations.

Third, to build and complete a regime of rules and regulations to ensure internal integrity, clear-cut hierarchy, accuracy, transparency, comprehensibility and feasibility. These laws should take effect immediately after enactment, without need for directives or guidance from the Government or concerned ministries and agencies. Detailed instructions are only needed when a new law explicitly requires them.

Fourth, to continue reforming the process for creating and issuing legal rules and regulations to guarantee quality while ensuring democracy, making full use of the expertise of specialists, scientists; managers, and those who are to implement legal regulations, encouraging citizen involvement in the drafting of laws and reforming the process of law consideration and adoption. The legal language should be consistent and comprehensible.

Fifth, to regularly examine and systematize laws and regulations. Build a system of examination procedures to apply before and after the enactment of legal documents to ensure the internal integrity and effectiveness of the entire legal system.

What do you think should be done to ensure effective implementation of  the Investment Law, which will come into force on July 1, 2006?

In my opinion, the adoption of the Investment Law plays a very important role in creating a transparent, open, stable, equal, attractive and competitive environment for investment and conduct of business in Viet Nam compared with other countries in the region and in the world. However, it is more significant to implement the Investment Law in a correct and comprehensive manner. In order to effectively translate the Law into life, we need to do well the following:
- Rapidly revise all current  legal regulations on investment activities through amendment or supplementation, remove antiquated rules and issue new ones in accordance with the Investment Law;
- Issue instructions for implementation of the law in accordance with legal regulations.
- Promote publicity work and dissemination of the Law among agencies, organizations, enterprises and communities so that every Government employee, businessperson and citizen knows and correctly follows the Law’s regulations.

- Raise the sense of responsibility of agencies, organisations and units, especially at the grassroots level, in implementing laws and enhance the monitoring, supervision and timely and strict handling of violations of the Investment Law.