Several legislative laws do not align with the multi-value agriculture development trend

A stable legal base is crucial for the long-term growth of the agricultural industry

Building a system of legal normative documents faces several obstacles as the agricultural and rural development sectors shift. Many legislative laws are inappropriate for the current circumstances and the tendency of establishing a multi-valued agriculture sector. Some new sectors require adequate regulatory documentation, such as national agricultural product branding; assistance for the creation of connected economic models; promotion of agriculture in conjunction with tourism and community culture; and agricultural policies and legislation to adapt to climate change.

In this regard, the Ministry of Agriculture and Rural Development and the Ministry of Justice jointly hosted the Conference "Enhancing the Quality of Legal System Building and the Situation of Issuing Detailed Regulatory Documents in the Agriculture and Rural Development Sector".

Speaking at the conference, Minister Le Minh Hoan said that not only the Ministry of Agriculture and Rural Development, but also many other ministries, have yet to achieve an agreement on the approach to legal normative texts. As a result, the lifetime of a rule or document is quite brief, and they may still clash with one another.

"We need to improve discussion across ministries and branches, from the central to the local levels, in order to create space and develop legal normative documents appropriate for each aim. These discussions will help to improve social governance by modifying legal concepts, establishing new rules or amending existing ones, and developing technical papers," Minister Le Minh Hoan stated.

Mr. Nguyen Van Nam, Director of the Legal Affairs Department (MARD), said the conference with the two ministers that the agriculture and rural development sector is in its fourth year of shifting from an agricultural production mentality to an agricultural economic mindset. As a result, the ministry's legal activity is carried out within the framework of increased worldwide economic integration. The globe is dealing with several new, complicated, and unforeseen concerns that have a direct impact on the growth of agricultural product markets and agricultural production organizations.

"The subjective reason for the slow issuance of normative legal documents is mainly because the heads of units in charge of drafting have not truly delved into the matter, focusing time and resources on improving the quality of legal normative document construction. In addition, the coordination between the Ministry of Agriculture and Rural Development and other ministries, branches, and localities is still not tight and effective," analyzed Mr. Nam, the Director of the Legal Affairs Department.

As a result, Mr. Nam really appreciates the conference co-organized by the Ministries of Agriculture and Rural Development and Justice, thinking that improving the quality of legal system construction in the agricultural and rural development sectors is critical. He stressed the legal system's thoroughness, punctuality, openness, and accessibility, while also prioritizing the legal rights and legitimate interests of individuals, organizations, and companies and eliminating impediments quickly.

Difficulty formulating specific directives on the Law of Land

In March 2024, the government announced a Plan to Implement Land Law No. 31, which begins mass distribution of the Land Law before it goes into force. The Ministry of Agriculture and Rural Development was responsible with leading and working with key ministries and agencies to prepare and submit a Decree to the Government outlining comprehensive provisions for the Land Law.

Mr. Nguyen Nhu Cuong, Director of the Crop Production Department (Ministry of Agriculture and Rural Development), remarked that this represents the problem that the legislative process is under severe pressure owing to the short time frame, making it impossible to gather feedback from key stakeholders. The task of drafting for legislation, particularly the Land Law, takes time and careful analysis in order to prevent situations in which farmers rush to construct homes and swap land. Furthermore, there is a problem in which certain immediately affected parties by the legislation fail to provide comments during the writing process, resulting in several challenges in subsequent enforcement and execution of the law.

Further discussing this issue, Mr. Tran Quang Bao, Director of the Forestry Department, noted that the Forestry Law and the Land Law intersect at many points but have enactment times that differ by up to 7 years, resulting in inconsistency in regulation application and enforcement.

He advocated the necessity for agreement and harmony between the two statutes to achieve efficient execution. Some new topics to investigate include forests' broad development possibilities (such as breeding and growing medicinal plants under the forest canopy; eco-tourism, leisure, and entertainment; and forest carbon credits).

A proactive approach to policy access may help reduce policy delays

MoJ Le Thanh Long acknowledges the proposals of MARD members and expresses his appreciation for the industry's efforts in developing an effective system of legal normative documents. Minister Le Thanh Long thinks that changing and revising legislation is critical to responding to increasingly complex economic, social, and environmental concerns.

"We recognize and agree to working closely with the MARD to solve the issues of delayed document issuing, lengthy review procedures, opinion collecting, and impediments between agencies. We recognize that numerous new laws are being passed and continuously updated. As a result, multidisciplinary cooperation will enable complete access by merging the agricultural and rural development sectors' specialized experience with the legal regulatory area," Minister Le Thanh Long said.

Responding to input from MARD agencies concerning the hurried decree drafting process, the Justice Department underlined the importance of policymakers taking aggressive action. Only this allows for the prediction of future events in legislation amendment, avoiding inactivity in obtaining comments from key parties.