|
THE
MINISTRY OF JUSTICE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
280/1999/QD-BTP
|
Hanoi,
September 27, 1999
|
DECISION
PROMULGATING THE REGULATION ON THE EVALUATION OF BILLS AND
DRAFT LEGAL DOCUMENTS
THE MINISTER OF JUSTICE
Pursuant to Article 16 of the Law on the
Promulgation of Legal Documents;
Pursuant to the Government’s Decree No. 101-CP of September 23, 1997 detailing the
implementation of a number of articles of the Law on the Promulgation of Legal
Documents;
Pursuant to the Government’s Decree No. 15-CP of March 2, 1993 on the State
management tasks, powers and responsibilities of the ministries and
ministerial-level agencies;
Pursuant to the Government’s Decree No. 38-CP of June 4, 1993 on the functions,
tasks, powers and organization of the Ministry of Justice;
At the proposal of the Director of the Department for Criminal-Administrative
Legislation,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the evaluation of bills and draft
legal documents.
Article 2.- This
Decision takes effect 15 days after its signing.
Article 3.- The
Ministry’s leadership and the heads of the units under the Ministry shall,
within the ambit of their functions, tasks and powers, have to implement this
Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
MINISTER OF JUSTICE
Nguyen Dinh Loc
REGULATION
ON THE EVALUATION OF BILLS AND DRAFT LEGAL DOCUMENTS
(issued together with Decision No. 280/1999/QD-BTP of September 27, 1999 of
the Minister of Justice)
Chapter I
GENERAL PROVISIONS
Article 1.- Evaluation
of bills and draft legal documents
Evaluation of bills and draft legal documents
(hereinafter collectively referred to as bills and drafts) means the studying,
examining and evaluating of bills and drafts in terms of their forms and
contents in order to ensure their constitutionality, legality, consistency and
synchronicity in the current legal system and at the same time make comments on
their enforceability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- The
Regulation’s scope of regulation
1. This Regulation specifies the order and
procedures for evaluating the following bills and drafts:
a/ Bills and draft ordinances submitted by the
Government to the National Assembly or the Standing Committee of the National
Assembly;
b/ Bills and draft ordinances submitted by other
agencies, organizations and National Assembly deputies to the National Assembly
or the Standing Committee of the National Assembly, on which the Government has
the responsibility to give its written comments;
c/ Draft resolutions and decrees submitted to
the Government.
2. This Regulation also lays down the order and
procedures for the contribution of comments on the Prime Minister’s draft
decisions and directives.
Article 3.-
Responsibility for the evaluation work
1. The Minister shall take the overall
responsibility and organize the evaluation of bills and drafts to ensure the
evaluation quality and the time limit as prescribed in the Law on the
Promulgation of Legal Documents, the Government’s Decree No. 101-CP of
September 23, 1997 and this Regulation.
2. The Vice-Ministers shall assist the Minister
by taking charge of the evaluation work in the different fields as assigned by
the Minister. When evaluating bills or drafts which involve complicated matters
related to mechanisms and/or policies not yet prescribed by law and other
important matters on which the Ministry’s or the branch’s viewpoints should be
expressed, the Vice-Ministers must report them to the Minister and ask for
his/her directions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.- Principles
for assignment of the evaluation
1. The Minister and Vice-Ministers (hereinafter
referred to as the Ministry’s leadership) shall assign one or several units to
evaluate a bill or draft. In cases where several units are assigned the
evaluation one of them shall be appointed to take the prime responsibility for
the evaluation while other units shall coordinate with it in the evaluation.
Units that are assigned to coordinate in the evaluation shall have to join with
the unit with the prime evaluating responsibility.
2. In case of necessity, the Ministry’s leadership
shall decide to set up the evaluation council to evaluate a bill or draft.
Article 5.- Contents of
evaluation
The contents of evaluation of a bill or draft
shall include:
1. The necessity to issue the document;
2. The object and scope of regulation;
3. Its accordance with the Party’s line and
policies;
4. Its constitutionality, legality, consistency
and synchronicity in the current legal system as well as its enforceability;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. Drafting techniques and legal language used
in the bill or draft;
7. The plan to deal with matters on which
opinions remain divergent.
Article 6.- Ensuring the
evaluation work
During the process of evaluating a bill or draft
the head of the unit assigned to assume the prime evaluating responsibility
shall have to promptly report to the Ministry’s leadership on matters which
need their directions.
The heads of the units under the Ministry shall,
within the scope of their functions, tasks and powers, have to arrange their
personnel, ensure the conditions regarding the funding, means, information and
other documents necessary for the evaluation.
The evaluation funding shall be managed and used
according to current provisions of law.
Chapter II
ORDER AND PROCEDURES FOR
EVALUATING BILLS AND DRAFTS
Section I. RECEIPT OF
DOSSIERS AND ASSIGNMENT OF THE EVALUATION
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Dossiers on bills or drafts sent for evaluation
by ministries, ministerial-level agencies and agencies attached to the
Government which have the prime drafting responsibility (hereinafter referred
to as evaluation dossiers) include:
a/ A written request for evaluation;
b/ A report to the Government on the bill or
draft signed by the minister, head of the ministerial-level agency or head of
the agency attached to the Government and stamped;
c/ The final bill or draft decided by the
drafting agency to be submitted to the Government for consideration;
d/ A summary of the ministries’ and branches’
comments on the bill or draft;
e/ An detailed exposition on the bill or draft
as well as draft documents guiding the implementation of such bill or draft (if
any).
The number of copies of each paper mentioned at
Points b, c, d and e of this Clause is 10.
2. Evaluation dossiers for bills and draft
ordinances drafted by other agencies, organizations and National Assembly
deputies and sent by the Government Office for evaluation include:
a/ A written request for evaluation;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ The bill or draft ordinance;
d/ Relevant documents (if any).
Article 8.- Receipt of
evaluation dossiers
1. The Ministry’s Office shall have to receive
and check the validity of evaluation dossiers.
2. The director of the Ministry’s Office may, by
order of the Minister, sign an official dispatch to ask the
evaluation-requesting agency to supplement the dossier if it lacks any of the
papers mentioned in Article 7 of this Regulation.
3. Within four working hours at most after
receipt of the dossier, the Ministry’s Office shall have to record such in the
"evaluation dossiers monitoring register" and submit it to the
Ministry’s leadership together with the evaluation-instructing card.
Article 9.- Assignment
of the evaluation
The Ministry’s leadership shall assign units to
evaluate the bills and drafts according to the principle that each unit shall
have the prime responsibility for evaluating bills and drafts with the contents
relating to the fields under its management. In cases where a bill or draft has
contents related to several fields, the Ministry’s leadership shall assign one
unit to take the prime responsibility for the evaluation and other concerned
units to join in the evaluation.
The evaluation assignment must be effected
within eight working hours at most from the time the Ministry’s leadership
receives the evaluation dossiers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Within two working hours at most after the
Ministry’s leadership assigns the evaluation, the Minister’s secretary or Vice
Minister’s assistant expert shall have to transfer the dossier and the
evaluation-instructing card to the Ministry’s Office.
2. Within two working hours at most after
receiving the dossier and the evaluation-instructing card the Ministry’s Office
shall have to record it in the monitoring register and send the dossier and the
evaluation-instructing card to the units assigned with the evaluation. Upon
receiving the dossier, the representative of the unit assigned with the
evaluation shall sign for the receipt in the monitoring register.
3. In cases where the head of the unit assigned
with the prime evaluating responsibility deems that the evaluation assignment
is unsuitable or needs coordination in the evaluation, he/she shall propose to
the Ministry’s leadership to adjust the evaluation assignment.
In case of necessity the head of the unit
assigned with the prime evaluating responsibility shall report and seek the
Ministry’s leadership’s instructions on the invitation of lawyers, scientists
and specialists knowledgeable of specialized matters in the bill or draft under
evaluation.
Section 2. ORGANIZATION OF
STUDY AND EVALUATION AT THE UNITS UNDER THE MINISTRY
Article 11.-
Organization of study and participation in drafting bills and drafts in service
of the evaluation
1. Units under the Ministry with the law-making
and study function shall have to organize their study groups according to the specialized
or legal fields assigned to them for management and supervision; each group
must be directly led by a leading official of the unit and comprised of a
reasonable number of experts, ensuring that there must be collective exchange
of ideas and discussion as well as mutual assistance within each group in the
study, drafting, deliberation and evaluation of bills and drafts.
2. For every bill or draft the unit is assigned
by the Ministry’s leadership to participate in its drafting together with the agency
with the prime drafting responsibility, the head of the unit must assign one of
its leading officials to personally take charge of the participation and a
group of at least two experts to join right from the beginning with the agency
with the prime responsibility for drafting the bill or draft.
The head of the unit shall be answerable to the
Ministry’s leadership for all bills and drafts assigned to his/her unit for
study and preparation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Those leading officials of units who are
assigned to personally take charge and those experts who are assigned to study
and participate in drafting bills and drafts shall have to take initiative in
drawing up their own plans, collect relevant materials and legal documents,
organize the study and regularly keep contact with the agency with the prime
drafting responsibility and other concerned agencies in order to know the
drafting program and tempo as well as other contents related to the drafting of
documents.
2. The heads of the units shall have to firmly
grasp the situation and tempo of the study and participation in the drafting,
give timely instructions for solution of problems arising in the process of the
study and participation in the drafting, and every three months report to the
Ministry’s leadership on the results of the drafting of bills and drafts.
Article 13.-
Preparations for meetings to contribute comments on bills and drafts and
reporting on the results of these meetings
1. When being invited to attend a meeting with
the agency which assumes the prime drafting responsibility to contribute
comments on the drafting of a bill or draft to, the unit’s leadership and
experts’ group assigned to participate in the meeting must study the bill or draft
and, in case of necessity, seek the Ministry’s leadership’s instructions before
attending such meeting. When attending the meeting, the representatives of the
unit’s leadership may present opinions in the name of the Justice Ministry and
shall have to report on the results of the meeting to the Minister or
Vice-Minister in charge.
2. If an expert is assigned by the unit’s
leadership to attend the meeting, he/she shall have to study, prepare comments
and report to the unit’s leadership for instructions before attending the
meeting, and may present opinions in the name of the Justice Ministry; in case
of a sudden meeting, the expert has no time to seek the unit’s leadership’s
instructions, he/she shall only be allowed to present opinions in his/her own name.
After each meeting the participating expert
shall have to report to the unit’s leadership on the meeting contents and
opinions presented at the meeting. In case of necessity, the head of the unit
must report and seek the Ministry’s leadership’s instructions on major issues
of the bill or draft on which opinions remain divergent.
Article 14.-
Organization of the evaluation of bills and drafts
1. After receiving an evaluation dossier from
the Ministry’s Office, the head of the unit assigned with the prime evaluating
responsibility shall have to assign one of the unit’s leading officials and the
experts’ group to study and prepare for the evaluation in which the expert who
has personally participated in drafting the bill or draft shall be appointed
the rapporteur.
2. For a bill or draft with some unclear details
or with matters on which opinions remain divergent, the head of the unit
assigned with the prime evaluating responsibility shall take initiative in
contacting and requesting the agency with the prime evaluating responsibility
to expound on the bill or draft or to supply additional information and
materials related to the bill or draft; in case of necessity he/she may propose
to the Ministry’s leadership to hold a joint meeting with the participation of
the representatives of the agency with the prime drafting responsibility and
other concerned ministries and agencies to discuss and exchange ideas on major
controversial matters before making an evaluation report.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- The
evaluation meetings
1. The leadership of the unit assigned with the
prime evaluating responsibility shall organize an evaluation meeting with the
participation of experts assigned to study and prepare for the evaluation.
Depending on the nature of the bill or draft under evaluation, the unit’s
leadership may ask other experts in the study group or the entire unit to
participate in the evaluation meeting.
In cases where several units are assigned with
the evaluation or lawyers, scientists and/or specialists are invited to
participate in the evaluation, the unit with the prime evaluating
responsibility may invite representatives of the units joining in the
evaluation, lawyers, scientists and consultants to participate in the meeting.
2. An evaluation meeting shall be conducted in
the following order:
a/ A leading official of the unit with the prime
evaluating responsibility declares the reason for the meeting;
b/ The rapportuer provides information related
to the bill or draft, presents his/her opinions on the issues to be evaluated;
c/ The participants discuss and give comments,
focusing on the matters specified in Article 5 of this Regulation;
d/ The leading official of the unit with the
prime evaluating responsibility makes conclusion.
The rapporteur shall have to record the minutes
of the evaluation meeting. The minutes must include all comments made during
the meeting and signed by the head of the unit with the prime evaluating
responsibility. Where a unit joining in the evaluation has opinions different
from those of the unit with the prime evaluating responsibility, such opinions
must also be clearly recorded in the minutes.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. On the basis of the minutes of the evaluation
meeting, the rapporteur shall have to prepare a draft evaluation report.
In the course of preparing the draft evaluation
report, if any problem arises, it must be promptly reported by the leadership
of the unit with the prime evaluating responsibility to the Ministry’s
leadership for instructions.
Within 10 days at most after receipt of the
evaluation dossier, the unit with the prime evaluating responsibility shall
have to complete the draft evaluation report; for a bill or draft ordinance
specified at Point b, Clause 1, Article 2 of this Regulation, the time limit
for the unit with the prime evaluating responsibility to complete the draft
evaluation report shall be no more than six days from the time it receives the
evaluation dossier.
2. When submitting the draft evaluation report
the head of the unit assigned with the prime evaluating responsibility shall
have to initial in the draft evaluation report and report the Ministry’s
leadership on the opinions of the units joining in the evaluation which are not
accepted.
Section 3. ORGANIZATION OF
THE EVALUATION IN CASES WHERE AN EVALUATION COUNCIL IS SET UP
Article 17.- The
composition of the evaluation council
The composition of the evaluation council
determined in the decision on the setting up of the council, includes the chairman,
members and the rapporteur who is a departmental-level official of the unit
assigned with the prime responsibility for or join in drafting the bill or
draft. For a bill or draft for which the Justice Ministry assumes the prime
drafting responsibility for the evaluation council must consist of
representatives of the Government Office and concerned ministries and branches.
The Ministry’s Office shall have to send copies
of the decision on the setting up of the evaluation council together with the
evaluation dossier to every member of the council.
Article 18.- The
evaluation meeting of the evaluation council
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The evaluation meeting shall be conducted in
the following order:
a/ The chairman of the evaluation council
declares the reason for the meeting;
b/ The rapporteur provides information related
to the bill or draft, and highlights matters on which opinions remain
divergent;
c/ The evaluation council members discuss,
focusing on the matters specified in Article 5 of this Regulation;
d/ The council votes on each kind of issues
specified in the evaluation report form.
The rapporteur shall have to record the minutes
of the evaluation council’s meeting. The minutes must include all comments made
during the meeting and signed by the chairman of the evaluation council. Those
opinions approved by more than half of the council members present shall be
considered those of the council; those matters that have not yet been
unanimously agreed by the council must be also recorded in the meeting’s minutes.
Article 19.-
Preparation and submission of the draft evaluation report of the evaluation
council
On the basis of the minutes of the evaluation
meeting of the evaluation council, the rapporteur shall have to prepare a draft
evaluation report to be submitted to the Ministry’s leadership for
consideration and decision.
The dossier submitted to the Ministry’s
leadership for consideration and decision must include the minutes of the
evaluation council’s meeting.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 20.-
Considering and signing the evaluation reports
1. The Ministry’s leadership shall consider the
draft evaluation reports prescribed in Article 16 of this Regulation and give
instructions on matters that need to be revised. In case of necessity the
Ministry’s leadership shall personally work with the leadership and experts of
the unit assigned the evaluation.
The evaluation report shall be signed by the
Ministry’s leadership within three days after it is submitted by the unit with
the prime evaluating responsibility; for bills and draft ordinances specified
at Point b, Clause 1, Article 2 of this Regulation, the time limit for the
Ministry’s leadership to sign the evaluation report shall be no more than two
days after it is submitted by the unit with the prime evaluating
responsibility.
2. The Ministry’s leadership shall consider the
draft evaluation report of the evaluation council prescribed in Article 19 of
this Regulation and give instructions on matters that need to be revised.
The evaluation report of the evaluation council
shall be signed by the Ministry’s leadership within five days at most before
the Government meets.
Article 21.- Sending
the evaluation report
The unit with the prime evaluating
responsibility or the rapporteur of the evaluation council shall have to send
the original of the evaluation reports to the Justice Ministry’s Office which
shall duplicate it and send its copies to the Government Office and the agency
with the prime drafting responsibility according to the time limit prescribed
in Article 26 of Decree No. 101-CP of September 23, 1997 of the Government.
The evaluation report must be sent to the
Ministry’s leadership for monitoring and kept at the unit with the prime
evaluating responsibility, the Ministry’s Office and recorded in the evaluation
dossiers-monitoring register of the Ministry’s Office.
Article 22.- Archiving
the evaluation dossiers
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The head of the unit with the prime
evaluating responsibility shall have to organize the archiving and preservation
of dossiers and materials mentioned in Clause 1 of this Article at his/her
unit, ensuring convenience for the research and reference work when necessary.
Chapter III
THE ORDER AND PROCEDURES
FOR CONTRIBUTING COMMENTS ON DRAFT DECISIONS AND DIRECTIVES OF THE PRIME
MINISTER
Article 23.- Receipt of
dossiers of draft decisions and directives
1. The Ministry’s Office shall receive and check
the validity of dossiers of draft decisions and directives (hereinafter
collectively referred to as drafts) sent for comments. Such a dossier includes:
a/ A written request for comments;
b/ A report to the Prime Minister on the draft,
which is signed by the Minister, the head of the ministerial-level agency or by
the head of the agency attached to the Government and stamped;
c/ The draft to be submitted by decision of the
drafting agency to the Prime Minister for consideration;
d/ A summary of the ministries’ and branches’
comments on the draft.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The director of the Ministry’s Office may
sign, by order of the Minister, an official dispatch to request the agency with
the prime drafting responsibility to supplement the dossier if it lacks one of
the documents specified in Clause 1 of this Article.
3. The valid dossier shall be recorded in the
monitoring register of the Ministry’s Office and submitted to the Ministry’s
leadership together with the card directing the contribution of comments within
no more than four working hours after it is received.
Article 24.- Assignment
of responsibility to contribute comments and transfer of the dossiers
The order and time limit for the assignment of
responsibility to contribute comments and the transfer of the dossier sent for
comments shall comply with Article 9 and Article 10 of this Regulation.
Article 25.-
Organization of the contribution of comments
1. The head of the agency which is assigned the
prime responsibility for the contribution of comments shall have to organize
the study and the contribution of comments on the draft regarding the
necessity, the subjects and the scope of regulation of the document, its
constitutionality, legality, consistency and synchronicity in the legal system
as well as its enforceability.
2. The organization of the study and
contribution of comments shall comply with the provisions in Articles 11, 12,
13, 14 and 15 of this Regulation.
3. Within no more than two days after receiving
the dossier, the unit assigned to join in the contribution of comments shall
send written comments to the unit with the prime responsibility for the
contribution of comments.
4. In case of necessity the head of the unit
with the prime responsibility for the contribution of comments may organize a
meeting with representatives of the agencies assigned to join the contribution
of comments on the draft to discuss matters within the content and scope that
need comments.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The unit with the prime responsibility for the
contribution of comments shall have to prepare an official dispatch on
contributed comments on the draft and submit it to the Ministry’s leadership
within no more than four days after it receives the dossier of the draft.
The unit with the prime responsibility for the
contribution of comments shall revise the official dispatch as directed by the
Ministry’s leadership and re-submit it for signing within no more than one day
after it receives the instructions of the Ministry’s leadership.
Article 27.- Sending
the official dispatch on contributed comments and archiving the dossiers on the
contribution of comments
1. After the Ministry’s leadership signs the
official dispatch on contributed comments on the draft, the unit with the prime
responsibility for the contribution of comments shall send it to the Ministry’s
Office which shall duplicate it and send its copies to the agency with the
prime drafting responsibility and the Government Office.
The official dispatch on contributed comments
must be sent to the Ministry’s leadership for monitoring and kept at the unit
with the prime responsibility for the contribution of comments, the Ministry’s
Office and recorded in the monitoring register of the Ministry’s Office.
2. The dossier of the contribution of comments
shall be kept at the unit with the prime responsibility for the contribution of
comments according to the provisions in Article 22 of this Regulation.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 28.- Ensuring
information, documents and material conditions in service of the evaluation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Apart from the responsibility defined in
Clause 1 of this Regulation, the director of the Jurisprudence Research
Institution under the Justice Ministry shall also have to meet the needs of the
units assigned to evaluate bills or drafts in the exploitation and use of the
legal documents and data bases of Vietnam and foreign countries in direct
service of the evaluation.
3. The Ministry’s Office shall have the
responsibility:
a/ To organize the receipt and examination of dossiers
of bills and drafts sent for evaluation; direct the duplication of dossiers,
official dispatches and documents at the request of the units assigned to make
the evaluation; organize the sending, archiving and preservation of the
evaluation official dispatches and dossiers.
b/ To ensure the funding, meet the requirements
on the material conditions in service of the evaluation, arrange meeting halls,
print the evaluation-instructing cards, supply stationery items and other
necessary means for the evaluation work according to the provisions of law and
suitable to the actual conditions of the Justice Ministry.
Article 29.-
Commendation and handling of violations
1. Officials and employees who make achievements
in the evaluation work shall be commended and/or rewarded by the Justice
Minister according to the provisions of law.
2. Officials and employees who violate the
provisions of this Regulation shall, depending on the nature and seriousness of
the violations, be disciplined according to the provisions of law.-
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.