Ph.d. Nguyen Thi Kim ThoaMinistry of Justice

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• Drafting progress:– time consuming, – Drafts are changed many times

• Quality of legal documents – Contents are not suitable with socio-economic

development pace– Often amended and supplemented– Conflict with current legislative system

• Feasibility of legal document – Lack of budget for implementation – Lack of staff– Not receiving support and acceptance of citizens– Impossible for implementation + Kết luận

• Conclusion– Legal documents are not practical– Low effiveness

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Reasons◦ No analysis for problem solving schemes◦ No analysis to identify pros and cons of

schemes ◦ Not being able to select the optimal scheme◦ Analytical skill of policy makers is weak◦ No comprehensive approach for impacts of

proposes schemes

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• Legislative Planning stage – Light RIA – Identify issues to be adjusted in legal

documents– Ensure the issuance of the legal documents

as the optimal way to achieve set objectives–Develop schemes to solve problems– Select the optimal scheme through assessing

impacts on socio-economy, environment, legal system, principle right and obligation of citizens, possibility of obedience of government agencies, organizations, individuals etc. 4

• Before and in the drafting process– Through the Light RIA, complete the RIA

report and ensure that regulations in the draft law are based on RIA results and optimal to achieve management objectives in the most economical way.

–RIA focuses on impacts on socio-economy, environment, legal system, principle right and obligation of citizens, possibility of obedience of government agencies, organizations, individuals etc.

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Content of RIA report ◦ Objectives of the tentative policy ◦ Schemes◦ Selection of the optimal scheme based on

specific assessment both qualitatively and quantitatively on cost-benefit, positive/negative impacts of implementation solutions for the draft law

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• Impact Assessment after the implementation of the legal document– Impacts are assessed in three years after laws,

ordinances, decrees come into effect– Compare with the RIA results in the drafting process

to measure the reasonableness and feasibility of regulations

– Suggest solutions with competent agencies to improve the effectiveness of the legal document

• Content of the RIA report after the implementation stage includes:– Analysis on practical cost-benefit and other impacts;– Obedience level of implementing

agencies/individuals– Recommendation on the implementation,

amendment or abolishment of legal document in case needed.

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Precise consultation with high responsibility Better decision (through information of RIA

process ) High obedience (with public consultation for

a transparency legislative making process) Improve effectiveness of legal document Mitigate risks High stability of legal document Ensure the achievement of set objectives ...

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Weak analysis skill Less experience and skill in RIA

implementation Inadequate awareness of RIA Resource consuming  

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Capacity building for those who directly involve in legislative making process

Raising awareness Ensure citizen’s right Ensure the State management Ensure the feasibility of legal document

(budget, resource and readiness of citizens)

Ensure credibility of citizen on legal stability

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Appropriate effectiveness of legal document Ensure feasibility of follow-up provisions Ensure authorization principle of the issuance

of detailed legal document Ensure the transparency of legal document Ensure the transparency of legal system,

making it practical, simple and easy to be implemented

Ensure the legal document not too detailed to avoid being amended right after issued

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Clear allegation Identify conflicts with other legal

documents, if any and propose solutions

Deal with the relationship between the implementation of legal document and application of exceptions

Ensure clear and precise language

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Thank you!

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