On January 27, at its 31st session, the Hanoi People's Council approved a report reviewing one year of implementation of the Capital Law No. 39/2024/QH15 and proposing mechanisms and policies to amend the law.

Many documents issued to implement the Capital Law

According to the Hanoi People's Committee, authorities have issued 69 documents to implement the Capital Law to date.

Of these, the city has issued 66 implementing documents, including 56 regulatory resolutions, six individual resolutions of the Hanoi People's Council, three regulatory decisions and one individual decision of the Hanoi People's Committee.

Many of the issued resolutions and decisions have broad impacts on the capital's socioeconomic life, covering management and development of civil servants and public employees, mobilization and management of investment resources, public assets, land, environment and cultural facilities.

Notably, several regulations focus on science and technology development. City departments and agencies continue to study and draft 38 additional documents for issuance in parallel with preparations for amending the Capital Law.

However, implementation of the Capital Law and its guiding documents still faces difficulties and constraints.

After promulgation of the Capital Law, many other laws undergoing amendment or replacement have inherited and expanded its provisions, creating stronger and more favorable rules on the same issues.

As a result, several mechanisms once considered specific to the Capital Law have become nationwide mechanisms.

This situation complicates legal selection and application and affects the drafting of Hanoi's implementing documents.

At the same time, strong institutional reform has led to comprehensive revisions of several laws, some of which now provide policies that go beyond the Capital Law, such as the Law on Science and Technology, the State Budget Law and the Law on Management and Use of Public Assets.

Recent restructuring of city departments and agencies and the shift to a two-tier local government model have significantly changed organizational structures and decentralization arrangements, directly affecting the content and progress of implementing regulations.

Some Hanoi People's Council resolutions that specified the Capital Law under the former governance model, which assigned authority to district levels, have not yet been revised, causing difficulties in application at newly established commune-level administrations.

Although the Capital Law granted Hanoi additional authority, decentralization in practice remains limited and does not match the capital's role, position and governance needs.

Many key areas still operate under the general legal framework, reducing the capital's initiative and flexibility in addressing new and complex issues.

The capital also lacks sufficient authority to proactively pilot new models, mechanisms and policies, especially in urban governance, innovation and digital transformation, leading to slow policy responses.

Core urban issues such as food safety, environment, air and water pollution and urban order involve multiple sectors, levels and regions, yet implementation remains fragmented and less effective.

The current Capital Law does not fully empower the city to apply timely and specific management measures suitable for a special urban area and for ensuring social order and safety.

While the law mentions regional linkage and development, existing provisions fail to clearly define Hanoi's leading and coordinating role, remaining largely principle-based and lacking binding mechanisms and effective coordination institutions.

As a result, regional linkage efficiency remains limited and the capital's role as a development nucleus has not matched its assigned responsibilities.

These challenges stem from the fact that the Capital Law was not designed as a long-term, stable special framework law capable of preserving the capital's exceptional mechanisms amid changes in general legislation.

Consequently, many once-special provisions have quickly become universal, blurring the line between capital-specific and general mechanisms and complicating legal application and implementation.

The law also reflects a unified management mindset and does not allow Hanoi to pilot and test new models and policies, particularly in urban governance, innovation and digital transformation, reducing policy responsiveness.

The Capital Law also lacks a strong and stable regional coordination institution and clear legal mechanisms to allocate, mobilize and coordinate resources for interregional programs and projects, limiting Hanoi's leadership role and project effectiveness.

Need for special and breakthrough mechanisms

Standing Vice Chairman of the Hanoi People's Committee Duong Duc Tuan said reviews show that of the 54 articles in the Capital Law, five have been fully repealed and 10 partially repealed or amended.

Many provisions still in effect no longer function as special or breakthrough mechanisms because later laws and resolutions have incorporated and expanded them.

Some special mechanisms now apply to other localities or major projects nationwide, offering more favorable conditions for implementation.

Several provisions no longer fit the two-tier local government model or recent administrative boundary changes, such as regulations related to the Capital Region.

The Capital Law needs timely institutionalization of major Party policies outlined in the draft documents of the 14th National Party Congress, seven key Politburo resolutions and the 18th Hanoi Party Congress Resolution, while addressing five major bottlenecks of the capital and building a stable, long-term and superior institutional framework.

The goal is to turn the capital's legal framework into a competitive advantage and a strong driver for development, creating room for double-digit economic growth.

Review results show that most of the 49 effective articles require revision, with substantial amendments needed for 34 articles and the addition of many new provisions.

The Hanoi People's Committee has directed reviews and initial proposals to amend the Capital Law and add new mechanisms and policies, grouped into four major areas with 31 specific mechanisms outlined in a draft law of five chapters and 41 articles.

Proposed revisions focus on key areas.

Regarding the capital's position and functions, the law would reaffirm Hanoi's special legal status as the national political and administrative center, home to central Party and state agencies, political and social organizations, diplomatic missions and international organizations.

Hanoi would also be defined as a major economic center and a national leader with regional and international reach in culture, science, technology, innovation, digital transformation, education, healthcare and international transactions.

The law would affirm the Capital Law as a fundamental and prioritized special law for application in Hanoi, allowing the city to apply more favorable provisions from later laws and issue implementing regulations that differ from central regulations when necessary.

Regarding authority, proposals call for stronger and broader decentralization, granting Hanoi greater autonomy in organization, staffing, salaries, income, development policies and attraction and use of high-quality human resources.

The city would gain authority over budget revenues and expenditures, credit decisions, financial funds for development, investment project approvals, investor and contractor selection and flexible investment disbursement mechanisms.

Hanoi would also decide on socialization methods, public-private partnerships and new mechanisms for using public assets, works and infrastructure.

The city would proactively regulate management and use of forest, water and other resources, determine land-use structures, convert land categories and decide on land readjustment, compensation, resettlement, land allocation and leasing.

In governance and development, Hanoi would modernize urban management through digital technology, big data and artificial intelligence, clearly defining data integration and sharing mechanisms and simplifying administrative procedures with a shift from pre-approval to post-approval management.

In socioeconomic development, science and innovation, the city would gain authority to issue mechanisms and policies, manage licensing, apply international standards, issue local standards and set spending norms and service prices different from or absent in central regulations.

The city would also lead capital-wide planning mechanisms, with the Capital Master Plan guiding regional and sectoral planning and proactively promote green, smart, transit-oriented development and urban renewal.

For new economic models, Hanoi would gain authority to establish an international financial center, free trade zones, night-time economy, silver economy and low-altitude economy.

The city would strongly develop Hoa Lac into a special administrative and economic unit for technology and education, with streamlined procedures, exceptional incentives and favorable conditions for technology testing, innovation and high-quality human resources.

Hanoi would also apply special measures to ensure social order, safety and environmental protection in line with its capital status.

For the Capital Region, proposals would define a clear institutional framework for regional linkage, with Hanoi as the nucleus, covering transport and shared infrastructure, environmental protection, food safety and sustainable development.

Plans also include establishing a regional coordination committee with clear authority and creating a Capital Region Development Fund.