Legal Update – Resolution No. 206/2025/QH15
On 24 June 2025, the National Assembly of the Socialist Republic of Vietnam promulgated Resolution No. 206/2025/QH15 on special mechanisms for addressing difficulties and obstacles arising from legal regulations (“Resolution 206”).
The Resolution sets out the criteria to determine what constitute difficulties and obstacles caused by the legal texts and the solutions to handle such difficulties and obstacles.
- Criteria to determine difficulties and obstacles caused by the legal texts
According to Article 2, a legal provision is considered a difficulty or obstacle if it falls into one or more of the following categories:
- it contains inconsistencies or conflicts, either within a single document or between multiple legal texts;
- it is unclear, ambiguous, unreasonable, or unenforceable, or it causes difficulties in applying and implementing the law;
- it imposes burdens on compliance or restricts innovation.
- Solutions to handle difficulties and obstacles caused by legal texts
Resolution 206 outlines four specific mechanisms for resolving the identified issues.
- Firstly, to resolve an unclear or ambiguous legal provision, the National Assembly Standing Committee may issue official interpretations of laws or resolutions under Article 60 of the Law on Promulgation of Legal Texts (Law No. 64/2025/QH15).
- Secondly, the Government may issue administrative guidance to clarify the application of decrees, and ministries may do the same for circulars, in accordance with Article 61 of Law No. 64/2025/QH15.
- Thirdly, in case conflicting legal provisions can only be resolved by issuing an amendment to the laws or regulations, Resolution 206 allows the lawmaker and the Government to pass such an amendment through a “shortcut” legislative procedure.
- Finally, in case a law or a resolution of the National Assembly cannot be immediately amended, Resolution 206 allows the Government and the National Assembly Standing Committee to issue normative legal resolutions to temporarily amend the law or National Assembly resolutions, subject to certain conditions and requirements.
These normative resolutions must specify their scope, legal basis, and the expiry date which must be before 01 March 2027.
In light of this new legal framework, it is important to closely monitor not only traditional legal instruments such as laws, decrees, and circulars, but also resolutions issued under Resolution 206. These resolutions now form part of the legal system and may have a direct impact on compliance obligations, rights, and procedures.
Resolution 206 became effective immediately upon promulgation on 24 June 2025 and will remain in force until 28 February 2027.
Disclaimer: This newsletter and its content are for informational purposes only and do not constitute legal advice. Readers should seek legal or professional advice before taking or refraining from any action.
