Vietnam’s New Era and Ongoing Legal and Judicial Reform

Overview

Following our discussion from the May 2025 Legal Update titled “Vietnam Advances Private Sector Development Policy,” this Update explores the policy and legal framework underpinning Vietnam’s ongoing legal and judicial reform. This legal and judicial reform is anchored on Resolution No. 66-NQ/TW (“Resolution 66“), a pivotal directive from the Politburo signed by General Secretary To Lam on 30 April 2025. Resolution 66 outlines a strategic vision for transforming Vietnam’s law-making and enforcement to meet the nation’s development needs in a new era.

To implement this vision, the State has already taken decisive actions through the following:

1. Resolution No. 197/2025/QH15 of the National Assembly (“Resolution 197“): Adopted on 17 May 2025, this resolution establishes special financial, human resource, and digital transformation policies aimed at accelerating breakthroughs in law-making and supporting enforcement. It will come into effect on 1 July 2025.

2. Resolution No. 140/NQ-CP of the Government (“Resolution 140“): Issued on 17 May 2025, this resolution serves as the Government’s comprehensive action plan to execute Politburo’s Resolution 66, focusing on reforming law-making and enforcement for national development. It became effective upon signing.

3. The Historic 9^th Session of the 15^th National Assembly: This significant session is set to address an extensive agenda of 54 constitutional and legislative matters, in addition to 14 critical socio-economic, state budget, and supervisory issues.

4. The National Legal Portal: This new portal provides a comprehensive legal ecosystem. It acts as an essential information channel for legal documents, facilitates public feedback, offers artificial intelligence (“AI“)-powered legal assistance, gathers opinions on draft laws, and provides general legal support to individuals and businesses in the digital age.

Resolution 66: Strategic Blueprint

Resolution 66 acknowledges past achievements in legal reforms, noting the development of a largely synchronous, transparent, and accessible legal system. However, it also points out significant shortcomings, including delayed institutionalisation of Party directives, overly management-focused legal thinking, outdated regulations, cumbersome administrative procedures, and weak law enforcement. There is also a recognised delay in creating legal frameworks for new and non-traditional issues. To address these challenges and propel Vietnam’s breakthrough development, the Politburo has emphasised that legal reform must be fundamental and a powerful driver for sustainable growth.

Key Guiding Principles

1. Comprehensive Party leadership: Uphold the Party’s direct and holistic leadership in law-making and enforcement, strengthen power control, fight corruption, and encourage social oversight.

2. Breakthrough of breakthroughs: Position law-making and enforcement as a pivotal breakthrough for national progress and a cornerstone of a socialist rule of law state.

3. Reality-driven law-making: Ground laws in Vietnam’s context, selectively integrate global best practices, and leverage laws as a competitive edge to enable “double-digit” economic growth.

4. Effective law enforcement: Build a culture of legal compliance, ensuring the supremacy of the Constitution and laws.

5. Investment in legal work: Allocate resources for infrastructure, digital transformation, and special incentives for personnel engaged in strategic legal research and law-making.

Clear Goals

1. By 2025: Primarily eliminate key legal “bottlenecks”.

2. By 2027: Finalise legal amendments and new laws to establish a synchronised legal foundation for the three-tier government structure.

3. By 2028: Refine investment and business laws to rank Vietnam’s investment environment among Association of Southeast Asian Nations’ (“ASEAN“) top three.

4. By 2030: Develop a democratic, fair, and unified legal system, positioning Vietnam as a developing nation with modern industry and high-middle income.

5. Vision to 2045: Create a high-quality, modern legal system aligned with international standards and national realities, safeguarding human and citizen rights, upholding the Constitution, and enabling modern governance for sustainable growth.

Seven Major Tasks and Solutions:

1. Ensuring Party Leadership
   • Reinforce the Party’s comprehensive leadership in translating directives into law.
   • Enhance oversight and hold leaders accountable for legal quality.

2. Innovating Legal Thinking
   • Shift to laws that foster creativity, unlock production potential, and release resources, moving away from a “ban if unmanageable” mindset.
   • Prioritise strategic research, streamline policy-making, and ensure concise, principle-based laws, delegating details to lower levels.
   • Create a transparent and safe legal environment for business, support private sector growth, and drive new areas like AI and digital transformation.
   • Refine laws for efficient government operations and decentralisation.

3. Creating a Breakthrough in Law Enforcement
   • Cultivate a service-oriented mindset in officials to boost socio-economic development.
   • Promote a culture of legal compliance and leverage technology for legal dissemination.
   • Continuously review laws, address issues promptly, and rigorously tackle violations and corruption without criminalising economic or administrative matters.

4. Enhancing International Legal Cooperation
   • Fulfill international legal commitments and actively engage in global law-making.
   • Effectively resolve international disputes and build capacity in international law.

5. Developing Legal Human Resources
   • Introduce special policies to attract and retain top talent in law-making and enforcement.
   • Enhance legal education and strengthen legal research institutions.

6. Boosting Digital Transformation and AI in Legal Work
   • Prioritise resources for information technology (IT) infrastructure, big data, and AI to modernise law-making and enforcement.
   • Promote digital literacy in legal education.

7. Implementing Special Financial Mechanisms
   • Innovate budget allocation for law-making based on performance, ensuring at least 0.5% of the annual budget is allocated for this purpose.
   • Establish a dedicated fund for legal policy development and ensure adequate resources for law enforcement and legal aid.

Party’s Implementation: Also on the same date, 30 April 2025, the Politburo established the Central Steering Committee for Legal and Institutional Improvement (“Committee“). The Committee is headed by General Secretary To Lam, with Prime Minister Pham Minh Chinh and National Assembly Chairman Tran Thanh Man serving as its two deputies.

Resolution 66 emphasises a proactive, innovative, and people-centered approach to legal reform, aiming to build a robust legal framework that supports Vietnam’s ambition to become a developed, high-income nation by 2045.

We recently issued a Legal Update which highlights Rajah & Tann LCT Lawyers’ proposed changes to the Rules of Arbitration of the Vietnam International Arbitration Centre (VIAC Rules) to align these with international arbitration standards. This reflects the spirit of Resolution 66 to modernise Vietnam’s legal infrastructure. For more information on this, please refer to our May 2025 Legal Update titled “Rajah & Tann LCT Lawyers Proposes Amendments to VIAC Rules to Align with International Arbitration Standards“. 

Resolution 197: Special Mechanisms 

The core objective of Resolution 197 is to establish special policies in finance, human resources, and digital transformation to enhance law-making and related enforcement activities.  Key points include: 

1. Eligible activities:
   • Researching law-making strategies.
   • Drafting legal documents and international law.
   • Resolving international disputes.
   • Monitoring, supervising, and codifying laws.
   • Addressing legal issues from individuals/organisations.
   • Evaluating law effectiveness.
   • Training high-quality law-making personnel.
   • Applying digital technology.

2. Principles: Ensure quality, transparency, and efficiency; prevent corruption and abuse.

3. Budget: Minimum 0.5% of state budget, three to five times higher than current rates for tasks; includes policy and law-making support fund.

4. Funding: Performance-based, flexible allocation with oversight.

5. Support fund: Non-profit, under the Ministry of Justice, supports unfunded law-making tasks; tax-deductible contributions.

6. Incentives: Monthly support (100% base salary, tax-exempt) for law-making personnel; excludes senior leaders.

7. Human resource development: Prioritise top graduates, training, and career advancement for law-making experts.

8. Expert engagement: Flexible hiring of consultants, with market-based costs; foreign experts need approval.

9. Digital transformation: Build legal database, apply AI, prioritise domestic tech solutions.

10. Implementation: Government guides execution; National Assembly supervises.

11. Priority: Supersedes conflicting laws unless others offer better incentives. 

Resolution 197 is indeed a highly forward-thinking and potentially transformative undertaking for Vietnam’s legislative landscape. Its success will largely depend on the meticulous planning, robust resource allocation (i.e. financial, human, and technological), and agile execution necessary to translate ambitious policy goals into tangible, positive changes across Vietnam’s legislative and business environments. 

Resolution 140: Action Plan

The core objective of Resolution 140 is to institutionalise and execute the principles, goals, and solutions outlined in Politburo Resolution 66.

Key Targets

1. By 2025: Primarily remove legal “bottlenecks”.

2. By 2027: Complete legal amendments and new issuances to ensure a synchronised legal basis for the three-tier government structure.

3. By 2028: Finalise investment and business laws, aiming to place Vietnam’s investment environment among the top 3 in ASEAN.

4. By 2030: Achieve a democratic, fair, and unified legal system, with Vietnam becoming a developing country with modern industry and high-middle income.

5. By 2045: Transform Vietnam into a developed, high-income socialist-oriented country.

Key Task Groups

There will be key task groups for ministries, government agencies, and provincial People’s Committees to implement the following:

1. Ensuring comprehensive Party leadership in law-making and enforcement.

2. Innovating legal thinking to promote creativity, unleash production capacity, and unblock resources, abandoning restrictive mindsets.

3. Creating a breakthrough in law enforcement to ensure fair, strict, consistent, and timely implementation of laws.

4. Enhancing international legal cooperation to fulfill international obligations and protect national interests.

5. Developing innovative solutions to improve the quality of legal human resources, including special incentives and retention policies.

6. Boosting digital transformation, AI, and big data applications in law-making and enforcement.

7. Implementing special financial mechanisms for law-making and enforcement, ensuring adequate and results-based funding.

Resolution 140 translates the strategic vision of Resolution 66 into actionable steps, emphasising institutional reform, transparency, and public participation to build a robust legal framework for Vietnam’s development by 2030 and 2045. 

Historic 9^th Session of the 15^th National Assembly 

Context and Significance: On 17 May 2025, National Assembly Chairman Tran Thanh Man hailed the 9^th Session of the 15^th National Assembly as a “historic session” for its focus on critical reforms to propel Vietnam into a new revolutionary phase. The session addressed pivotal legislative and organisational changes to support the nation’s goal of becoming a developed, high-income country by 2045. It tackled 54 constitutional and legislative matters, including three constitutional resolutions and 51 laws and legislative resolutions, alongside 14 key groups of socio-economic, state budget, and supervisory issues.

Legislative Reforms: The session adopted three pivotal resolutions on its first meeting day, 17 May 2025:

1. Resolution No. 196/2025/QH15: Adjusted and supplemented the 2025 state budget estimates to align with development goals.

2. Resolution No. 197: Introduced special mechanisms and policies to create breakthroughs in law-making and enforcement, aligning with Resolution No. 66-NQ/TW. (Please see the above section on Resolution 197 for a summary of these mechanisms and policies.)

3. Resolution No. 198/2025/QH15: Established mechanisms and policies to promote the private economic sector, fostering economic growth and innovation (Please see our May 2025 Legal Update titled “Vietnam Advances Private Sector Development Policy” (link provided above) for more information).

Constitutional and Administrative Reforms: The session advanced amendments to the Constitution and related laws to reorganise the political system. A historic shift to a two-tier local government model and the merger of provinces were approved to streamline administration, enhance efficiency, and improve responsiveness to national needs.

Public Engagement: Chairman Tran Thanh Man underscored the importance of public consensus in these reforms, especially in administrative restructuring, to ensure alignment with the needs of citizens and businesses.

The 9^th Session of the 15^th National Assembly of Vietnam is currently ongoing. It is scheduled to close in the afternoon of 28 June 2025.

The National Law Portal

On 31 May 2025, Prime Minister Pham Minh Chinh launched the National Legal Portal (Cổng Pháp luật Quốc gia)  (“Portal“) at the Government headquarters. This modern, transparent, and dynamic administrative tool aims to serve the nation, its people, and businesses. The launch event, themed “Accompanying People and Businesses into a New Era”, took place at the Government Office and was broadcast online to provinces and cities nationwide.

Prime Minister Chinh highlighted the Portal’s role in leveraging technology and establishing timely mechanisms to identify and resolve legal bottlenecks. The Government is committed to ongoing improvements and upgrades, guided by public and stakeholder feedback. The Portal stands as a vital instrument for the Ministry of Justice and the broader legal sector, reflecting a dynamic, modern justice system dedicated to serving the public and advancing Vietnam’s development.

As of 2 June 2025, the Portal includes:

1. National legal database: This is the core of the Portal, offering a vast collection of legal documents. Citizens and businesses (with registered accounts on the Portal) can typically search for:
   • Laws (Luật);
   • Ordinances (Pháp lệnh);
   • Decrees (Nghị định);
   • Resolutions (Nghị quyết);
   • Decisions (Quyết định);
   • Circulars (Thông tư);
   • Official dispatches (Công văn);
   • Draft legal documents (Dự thảo VBQPPL);
   • Judgments (Bản án);
   • Vietnamese Standards (Tiêu chuẩn Việt Nam); and
   • Other related legal documents issued by various central and local authorities.

2. Legal information search: The Portal provides robust search functionalities to help users quickly find relevant legal documents based on keywords, document types, promulgation dates, and other criteria.

3. Responses to legal queries: It facilitates public and business queries on legal issues, acting as a channel for legal advice and clarification.

4. Digital reception and handling of feedback and petitions: Users can submit feedback and petitions related to legal documents through the portal, promoting transparency and citizen participation in law-making and implementation.

5. Integration with VNeID: The Portal is integrated with Vietnam’s digital identification platform (VNeID), allowing for secure, two-way access to official information and supporting public feedback.

6. Legal news and updates: It provides updates on new legal policies, summaries of notable documents, and news related to the legal sector.

7. Legal assistance and awareness: The Portal aims to enhance legal awareness and capacity for both individuals and enterprises by providing accessible legal information and guidance.

8. Multilingual support: To cater to a wider audience, the Portal features multilingual capabilities.

In essence, the Portal is a critical tool for promoting transparency, increasing public access to legal information, reducing compliance burdens for businesses, and supporting Vietnam’s digital transformation towards a modern, transparent, and efficient administration. 

Conclusion

Taken as a whole, Resolution 66 and other supporting Resolutions and actions of the State are a bold and highly promising endeavour of the Government, representing a crucial turning point for Vietnam, providing a clear roadmap to achieving a developed, high-income nation status by 2045. Resolution 66 and the implementation policy framework underpin a proactive legal framework designed to drive sustainable economic growth and enhance governance efficiency, fully capitalising on the nation’s potential. Through decisive Party leadership and a focus on reality-driven law-making and effective enforcement, Vietnam is committed to eliminating legal obstacles, fostering a thriving private sector, and adopting global standards. The strategic push for digital transformation, international partnerships, and robust investment in legal human capital and infrastructure ensures the development of a modern, transparent, and equitable legal system. Led by the Central Steering Committee for Legal and Institutional Improvement, Resolution 66 mobilises collective action to establish a unified and fair legal system, securing a prosperous and modern future for Vietnam’s economy.

If you have any queries on the above, please feel free to contact any of our team members.