Key Highlights of the Resolution No. 66-NQ/TW on Reforming Lawmaking and Law Enforcement

On 30 April 2025, the Politburo issued Resolution No. 66-NQ/TW on reforming lawmaking and law enforcement to meet the requirements of national development in the new era (“Resolution”).  Its overall objective is that by 2030, Vietnam will become a developing country with modern industry and upper-middle income, and by 2045, a nation with a high-quality and modern legal system that aligns with advanced international standards and practices, while remaining consistent with Vietnam’s realities and enforced with integrity and consistency.

Achieving this objective requires comprehensive reform in lawmaking and enforcement.  This is considered a central task in building and perfecting the socialist rule-of-law state in Vietnam. Resolution mentioned a comprehensively wide range of core legal issues arising from approaches to lawmaking to enforcement mechanisms, reflecting a broad reform agenda aimed at establishing a modern, transparent legal environment that meets new development requirements.  Below are some key highlights of Resolution:

1. Facilitating the development of the private sector

The Resolution underscores the principle that “citizens and enterprises are free to undertake any activities not prohibited by law,” establishing clear limits on State intervention in business operations. Rather than restricting freedom, the law serves as a transparent, equitable, and practical framework that empowers business entities to innovate, expand, and operate securely within legal boundaries. This approach is pivotal in fostering the growth of the private sector, which plays a significant role in driving the national economy.

To realize this vision, it is essential to develop and refine the legal framework for a socialist-oriented market economy. This framework should create a favorable environment that ensures business freedom, legal equality across all economic sectors, and recognizes the private sector as a key engine of economic growth. A robust legal foundation must enable the private sector to access critical resources such as capital, land, and skilled human resources efficiently. It should also promote the formation and growth of large private economic groups with regional and global competitiveness, provide meaningful support for small and medium-sized enterprises, and nurture innovative startups. Additionally, the framework should prioritize a stable investment and business environment by advancing legislation on science, technology, innovation, and digital transformation. This will create a legal corridor for emerging and non-traditional sectors, including artificial intelligence, digital transformation, green initiatives, data resource utilization, and tokenized assets.

A key highlight of the Resolution is its commitment to significantly reducing and simplifying unreasonable investment, business, and professional practice conditions, as well as administrative procedures. These reforms aim to lower compliance costs for enterprises, eliminate unnecessary legal barriers, and foster a more dynamic and competitive business landscape.

2. Decriminalizing civil and economic relations

A key task of the Resolution is to achieve breakthroughs in law enforcement by ensuring laws are applied fairly, strictly, consistently, promptly, efficiently, and effectively, while aligning law-making closely with enforcement. A significant principle is to avoid criminalizing civil, economic, or administrative matters and to refrain from using administrative measures to address civil or economic disputes. This aims to prevent the misuse of criminal law in civil or commercial cases. By eliminating the “criminalization” of civil relations, the Resolution seeks to reduce legal risks for businesses, enabling them to invest and operate in a clearer and more stable legal environment.

3. Promoting digital transformation, artificial intelligence and big data in lawmaking and enforcement

In addition to prioritizing effective law enforcement to advance socio-economic development, science, technology, innovation, digital transformation, and critical areas such as food safety, environmental protection, and cybersecurity, the Resolution emphasizes the task of “promoting digital transformation and the application of artificial intelligence and big data in lawmaking and enforcement.” It consistently highlights the importance of “digital technology,” “digital transformation,” and “artificial intelligence.” These elements are to be integrated into lawmaking, enforcement, education, and public awareness to drive socio-economic progress, scientific advancement, and innovation. A key focus for digital technology enterprises is the Resolution’s commitment to policies that support their growth and service provision, fostering a dynamic environment for technological advancement.

4. Developing legal frameworks for judicial authorities, legal services and alternative dispute resolution

To improve access to legal resources, manage legal risks, and protect the legitimate rights of citizens and businesses, particularly in the context of socio-economic development, the Resolution emphasizes the need to strengthen legal services, support, and aid, with a focus on allocating resources to support the private sector.

A significant innovation in the Resolution is the proposal to explore a “public lawyer” model and a conditional framework allowing qualified civil servants to practice as lawyers. Additionally, the Resolution ensures that arbitral awards are recognized and enforced in line with international standards and practices.

These measures aim to enable businesses, especially small enterprises, to access affordable legal services, promote the widespread availability of legal support across society, and establish a flexible, effective mechanism for resolving disputes outside of court, consistent with global practices.

5. Amending laws to streamline the State apparatus

To advance administrative reform and enhance the effectiveness of state management, the Resolution urges prompt amendments to laws to align with policies aimed at streamlining the political system, reorganizing administrative units, and promoting decentralization. It emphasizes the principle of “localities decide, act, and take responsibility,” while restructuring development spaces to suit each locality’s needs.

6. Enhancing the effectiveness of law enforcement

The Resolution emphasizes that institutional reform must be realized through effective law enforcement, which should be prioritized equally with lawmaking. This includes activities such as legal dissemination, inspection, supervision, evaluation of implementation, and addressing violations. Simultaneously, it seeks to foster a legal culture where citizens, businesses, and authorities genuinely respect and comply with the law beyond mere formality. To achieve this, the Resolution calls for increased dialogue, actively listening to feedback and proposals, and promptly resolving legal challenges faced by individuals, organizations, and businesses. Furthermore, it stresses the need to regularly evaluate the effectiveness of laws post-enactment, enhance the use of technology, and establish mechanisms to quickly identify and eliminate “bottlenecks” in legal provisions.

Conclusion

Resolution clearly reflects the Politburo’s determination to fundamentally and comprehensively reform Vietnam’s legal system.  The provisions set out are not only principled but also expected to have direct, positive impacts on the business and investment environment.  For enterprises, monitoring and promptly adapting to these legal reform directions will be essential to proactively manage legal risks and capture emerging policy opportunities in this reform period