THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No. 64/2025/QH15
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Hanoi, February 19, 2025
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LAW
PROMULGATION OF LEGISLATIVE
DOCUMENTS
Pursuant
to the Constitution of Socialist Republic of Vietnam;
The
National Assembly hereby promulgates the Law on Promulgation of Legislative
Documents.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law
provides for formulation and promulgation of legislative documents; basic
contents about organization of implementation of legislative documents.
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Article 2. Legislative documents
Legislative
documents are documents that contain legal norms and the promulgation of which
complies with regulations on competence, manner, sequence and procedures
provided for in this Law.
Article 3. Interpretation of terms
For the
purposes of this Law, the terms below shall be construed as follows:
1. “legal norm” means
general rules of conduct, commonly binding, and applied to agencies,
organizations and individuals nationwide or within a certain administrative
division, promulgated by the regulatory agencies and competent persons in this
Law, and the implementation of which is ensured by the State.
2.
“policy” means a set of the State’s specific solutions for solving one or
more practical issues in order to achieve certain goals and conform to the
Communist Party's guidelines.
3.
“policy consultation” means a direct exchange between the authority which
formulates policy proposals (hereinafter referred to as “policy proposing
agency”) and a consulted agency, organization or individual as prescribed by
this Law for the purposes of selecting solutions and perfecting policies in
bills, resolution projects of the National Assembly and ordinance projects of
the Standing Committee of the National Assembly.
4. “assessment
of impacts of a policy” means the analysis and forecasting of the potential
impacts of each solution in order to select an optimal option that is
consistent with the policy's objectives.
5. “review
of a legislative document” means a process by which regulations of the
reviewed document are considered, compared and evaluated with the aim of
detecting, taking actions or recommending actions against regulations that are
contradictory, overlapping, expired or no longer appropriate.
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Article 4. The system of legislative documents
1. The
Constitution.
2. Codes
and laws (hereinafter referred to as “laws”), resolutions of the National
Assembly.
3.
Ordinances, resolutions of the Standing Committee of the National Assembly;
joint resolutions between the Standing Committee of the National Assembly and
the Presidium of Central Committee of Vietnamese Fatherland Front; joint
resolutions between the Standing Committee of the National Assembly, the
Government and the Presidium of Central Committee of Vietnamese Fatherland
Front.
4.
Orders, decisions of the President.
5.
Decrees, resolutions of the Government; joint resolutions between the
Government and the Presidium of Central Committee of Vietnamese Fatherland
Front.
6.
Decisions of the Prime Minister.
7.
Resolutions of the Council of Justices of the People’s Supreme Court.
8.
Circulars of the Chief Justice of the People’s Supreme Court; circulars of the
Prosecutor General of the Supreme People’s Procuracy; circulars of Ministers,
Heads of ministerial agencies; Circulars of the State Auditor General.
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10.
Resolutions of People’s Councils of central-affiliated cities and provinces
(hereinafter referred to as “provinces”).
11.
Decisions of People’s Committees of provinces.
12.
Legislative documents of local governments in special administrative - economic
units.
13.
Resolutions of People’s Councils of districts, urban districts, district-level
towns, provincial-affiliated cities, central-affiliated cities (hereinafter
referred to as “districts”).
14.
Decisions of People’s Committees of districts.
Article 5. Rules for formulating and promulgating
legislative documents
1. Ensure
comprehensive and direct leadership of the Communist Party of Vietnam.
2. Ensure
the constitutionality, legitimacy, and uniformity of legislative documents in
the legal system and do not contravene treaties to which the Socialist Republic
of Vietnam is a signatory; comply with regulations on authority, contents,
manner, sequence and procedures for formulating and promulgating legislative documents.
3. Ensure
national sovereignty, national defense, security, national interests and
interests of the country and the people; control power, prevent and combat
corruption, misconduct, waste; prevent and combat interests of a particular
group and sectional interests.
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5.
Facilitate the implementation of guidelines on devolution and decentralization
of power; resolve outstanding issues and practical issues; new issues, new
trends; comply with state management requirements and encourage creativity,
unleash all resources, promote socio-economic development.
6. For a
legislative document the pilot implementation of which is required, determine
the time of pilot implementation, and conduct preliminary and final review
thereof to consider and decide the application or promulgation of such legislative
document for official application.
7.
Facilitate the implementation of regulations of law on protection of state
secrets for contents of legislative documents classified as state secrets.
Article 6. Social criticism, consultation and opinions
about policies and draft legislative documents
1.
Vietnamese Fatherland Front and socio-political organizations make social
criticism about draft legislative documents in accordance with this Law, Law on
Vietnamese Fatherland Front and other relevant laws.
The social
criticism shall be made during the period of organizing the drafting of
legislative documents.
2. The
policy proposing agency shall consult the Ethnic Minorities Council, Committees
of the National Assembly, Ministries and ministerial agencies in accordance
with this Law.
3. Vietnamese Fatherland Front, member organizations of
the Vietnamese Fatherland Front, agencies, organizations and individuals are
entitled and will be enabled to provide opinions about policies and draft
legislative documents.
4. The
policy proposing agency and agency presiding over drafting shall study, accept
and explain, and publicize the acceptance of and explanation for social
criticisms and opinions about policies and draft legislative documents, and
subject matters of policy consultations.
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1. The
language of legislative documents is Vietnamese, must be accurate, common,
consistent, clear, and understandable.
2. A
legislative document may be separated into parts, chapters, sections,
sub-sections, articles, clauses, points; each part, chapter, section,
sub-section, and article must have a title.
3. Each
legislative document must bear a number and symbol clearly displaying the
consecutive serial number, year of promulgation, type of document,
agency/person competent to promulgate the document.
4.
Legislative documents may be translated into ethnic languages and foreign
languages. The translations are for reference purpose only.
Article 8. Amendment, supplementation, replacement,
annulment or suspension of legislative documents
1. A
legislative document may only be amended, supplemented or replaced by another
legislative document promulgated by the same competent agency or competent
person that promulgated the original one or suspended by a competent agency or
competent person in writing, except for the cases specified in points a and b
clause 2 Article 54 of this Law or unless otherwise prescribed by laws or
resolutions of the National Assembly.
2. A
legislative document is annulled by another legislative document promulgated by
the same competent agency or competent person that promulgated the original one
or by another document promulgated by a competent agency or competent person in
writing, except for the cases specified in points a and b clause 2 Article 54
of this Law.
3. The
amending, supplementing, replacing, annulling or suspending document must
specify every document, part, chapter, section, subsection, article, clause,
and point that are amended, replaced, annulled or suspended.
In case
an ordinance is annulled, the Standing Committee of the National Assembly must
submit a report to the National Assembly at the nearest session.
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4. A
legislative document is promulgated to replace the applicable legislative
documents in any of the following cases:
a) There
is any fundamental change to policies, scope, regulated entities;
b) More
than half of the total number of articles are amended or supplemented.
5. The
agency or person competent to promulgate a legislative document (hereinafter
referred to as “promulgating agency/person”) must concurrently amend,
supplement or annul the whole or part of the legislative document they
promulgated if it differs from the regulations of the new legislative document.
In case the application of a contradicting regulation in the old document has
to be continued, it must be specified in the new document.
6. A
legislative document may be promulgated to concurrently amend, supplement, replace
or annul contents of multiple legislative documents promulgated by the same
promulgating agency/person.
Article 9. Sending and archiving legislative documents
1. Within
03 days from the day on which a law or resolution of the National Assembly,
ordinance or resolution of Standing Committee of the National Assembly is
announced, or another legislative document is signed, the promulgating
agency/person shall send it so as for it to be posted on electronic Official
Gazette and national legal database.
2.
Dossiers on policies, projects and original copies of legislative documents
must be archived in accordance with regulations of law on archives.
3.
Legislative documents promulgated by competent agencies and persons at central
level must be posted on the electronic Official Gazette of the Socialist
Republic of Vietnam. Legislative documents of People's Councils, People’s
Committees and local governments in special administrative - economic units
must be posted on provincial Official Gazettes.
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Chapter II
POWER TO PROMULGATE LEGISLATIVE DOCUMENTS,
CONTENTS OF LEGISLATIVE DOCUMENTS
Article 10. Laws, resolutions of the National Assembly
1. The
National Assembly shall promulgate laws to prescribe:
a)
Organizational structure and operation of the National Assembly, the President,
the Government, People’s Courts, the People’s Procuracies, National Election
Council, State Audit Office of Vietnam, local governments, special
administrative - economic units, and other agencies established by the National
Assembly;
b) Human
rights, basic rights and obligations of citizens that must be prescribed by law
according to the Constitution, restrictions on human rights and citizens’
rights; crimes and punishments; judicial proceedings;
c) Basic
policies on economy, society, culture, education, science, technology,
environment, finance and national currency and state budget; regulations on
taxes, orders, medals and honorary titles of the State;
d) Basic
policies on national defense and security; titles and ranks in the People’s
armed forces; regulations on states of emergency, other special measures for
ensuring national defense and security;
dd) Basic
foreign policies; diplomatic titles and ranks; other state titles and ranks;
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g)
Referendums;
h) Mechanism for protection of the Constitution;
i) Other
issues within the competence of the National Assembly as prescribed by the
Constitution and laws.
2. The
National Assembly shall promulgate resolutions to prescribe:
a) Pilot
implementation of some new policies within the power to decide of the National
Assembly that are different from applicable regulations of law;
b)
Suspension, change of effective period or extension of the period of
application of the whole or part of a law or resolution of the National
Assembly with a view to satisfaction of urgent requirements for socio-economic
development, assurance of human rights and citizens’ rights;
c) Other
issues decided by the National Assembly.
Article 11. Ordinances and resolutions of the Standing
Committee of the National Assembly
1. The
Standing Committee of the National Assembly shall promulgate ordinances as
assigned by the National Assembly.
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a)
Interpret the Constitution, laws and ordinances of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly;
b) Suspend,
change effective period or extend the period of application of the whole or
part of an ordinance or resolution of the Standing Committee of the National
Assembly with a view to satisfaction of urgent requirements for socio-economic
development;
c) Decide
general or partial mobilization; declare and cancel a state of emergency
nationwide or locally;
d)
Provide instructions on operation of the People’s Councils;
dd)
Prescribe contents assigned by laws and resolutions of the National Assembly,
except for the case specified in clause 1 of this Article;
e) Other
issues within the competence of the Standing Committee of the National
Assembly.
Article 12. Orders and decisions of the President
The
President shall promulgate orders or decisions to:
1. Decide
general or partial mobilization; declare and cancel a state of emergency
nationwide or locally;
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Article 13. Joint Resolutions between the Standing
Committee of the National Assembly, the Government and the Presidium of Central
Committee of Vietnamese Fatherland Front
The
Standing Committee of the National Assembly, the Government and the Presidium
of Central Committee of Vietnamese Fatherland Front shall promulgate joint
resolutions to elaborate the issues assigned by laws or provide guidelines on
some necessary issues concerning election of deputies to the National Assembly
and the People’s Councils.
Article 14. Decrees and resolutions of the Government
1. The
Government shall promulgate decrees to:
a)
Elaborate articles, clauses, and points assigned in the laws and resolutions of
the National Assembly, ordinances and resolutions of the Standing Committee of
the National Assembly, orders and decisions of the President;
b)
Prescribe specific measures for organizing implementation of the Constitution;
specific measures for organizing implementation of laws and resolutions the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly, orders and decisions of the President; measures for
implementation of socio-economic policies, policies on national defense and
security, finance, currency, budget, taxation, ethnics, religions, culture,
education, healthcare, science, technology, environment, foreign relations,
cadres, public officials, public employees, rights and obligations of citizens,
and other issues under the Government’s management; issues related to tasks and
powers of two or more Ministries, ministerial agencies; tasks, powers, and
organizational structure of Ministries, ministerial agencies, Governmental
agencies, and other agencies within the competence of the Government;
decentralization of tasks and power;
c)
Prescribe other necessary issues which are within the competence of the
National Assembly or the Standing Committee of the National Assembly but yet to
be made into a law or an ordinance to meet requirements for state management,
economic management and social management. Consent of the Standing Committee of
the National Assembly must be obtained before this type of decree is
promulgated.
2. The
Government shall promulgate resolutions to:
a)
Resolve urgent and important practical issues and apply within a certain period
of time and specific scope within the Government’s competence; prescribe the
decentralization of tasks and powers;
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c) Pilot
implementation of some policies which are yet to be governed by a law within
the Government’s competence or differ from a Government’s decree or resolution.
Article 15. Decisions of the Prime Minister
The Prime
Minister shall promulgate resolutions to prescribe:
1.
Contents assigned in the laws and resolutions of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly,
orders and decisions of the President, decrees and resolutions of the
Government;
2.
Measures for directing and managing the operation of the Government and state
administration system from central to local government, regulations on working
with members of the Government, local governments and other issues within the
competence of the Prime Minister; decentralization of tasks and powers and
exercise of decentralized tasks and powers;
3.
Measures for directing and coordinating activities of members of the
Government; inspecting adherence to guidelines of Communist Party, policies and
laws of the State by Ministries, ministerial agencies, Governmental agencies,
and local governments.
Article 16. Resolutions of Council of Justices of the
People’s Supreme Court, circulars of Chief Justice of the People’s Supreme Court
1. The
Council of Justices of the People’s Supreme Court shall promulgate resolutions
to provide guidelines for uniform application of laws to adjudication.
2. The
Chief Justice of the People’s Supreme Court shall
promulgate circulars to manage People’s Courts and military courts in terms of
organization, operation and other issues within their competence or assigned by
the Law on Organization of People’s Courts and other legislative documents of
the National Assembly, the Standing Committee of the National Assembly and the
President.
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The
Prosecutor General of the Supreme People’s Procuracy shall promulgate circulars
to prescribe issues within his/her competence or assigned by the Law on
Organization of People’s Procuracies and other legislative documents of the
National Assembly, the Standing Committee of the National Assembly and the
President.
Article 18. Circulars of Ministers and Heads of ministerial
agencies
Ministers
and Heads of ministerial agencies shall promulgate circulars:
1.
Elaborates articles, clauses, points and other contents assigned in the laws
and resolutions of the National Assembly, ordinances and resolutions of the
Standing Committee of the National Assembly, orders and decisions of the
President, decrees and resolutions of the Government, decisions of the Prime
Minister;
2.
Measures for performing their state management functions; decentralization of
tasks and powers and exercise of decentralized tasks and powers.
Article 19. Circulars of the State Auditor General
The State
Auditor General shall promulgate circulars to prescribe state audit standards, audit procedures, and audit
documents, issues within his/her competence or assigned by the Law on State
Audit Office of Vietnam and other legislative documents of the National
Assembly and the Standing Committee of the National Assembly.
Article 20. Joint Circulars between the Chief Justice of
the People’s Supreme Court, the Chief Prosecutor of the Supreme People’s
Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies
1. The
Chief Justice of the People’s Supreme Court, the Chief Prosecutor of the
Supreme People’s Procuracy, the State Auditor General, Ministers and Heads of
ministerial agencies shall promulgate joint circulars to prescribe the
cooperation in implementation of sequence of and procedures for litigation,
judgment enforcement, temporary detention and custody; corruption prevention
and combat and state compensation; contents assigned in the laws and
resolutions of the National Assembly, ordinances and resolutions of the
Standing Committee of the National Assembly, orders and decisions of the
President.
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Article 21. Resolutions of provincial People’s Councils,
decisions of provincial People’s Committees
1. The
National Assembly shall promulgate resolutions to:
a)
Elaborate articles, clauses, points and other issues assigned in the legislative
documents promulgated by superior regulatory agencies;
b)
Prescribe policies and measures for ensuring implementation of the
Constitution, laws and legislative documents promulgated by superior regulatory
agencies;
c)
Prescribe measures for local socio-economic development, budget, and national
defense and security; other special measures that suit the local socio-economic
development conditions; exercise of decentralized tasks and powers;
d) Pilot
implementation of policies as prescribed by the Law on Local Government
Organization.
2.
Provincial People’s Committees shall promulgate decisions to:
a)
Elaborate articles, clauses, points and other issues assigned in the
legislative documents promulgated by superior regulatory agencies;
b)
Prescribe measures for implementation of the Constitution, laws, and
legislative documents promulgated by superior regulatory agencies, resolutions
of the People’s Councils at the same level on local
socio-economic development, budget, and national defense and security;
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Article 22. Legislative documents of local governments in
special administrative - economic units and districts
1. Local
governments in special administrative - economic units shall promulgate
legislative documents as prescribed in this Law and other relevant legislative
documents of the National Assembly.
2.
People’s Councils of districts shall promulgate resolutions to prescribe issues
assigned in the laws and resolutions of the National Assembly; exercise of
decentralized tasks and powers.
3.
People’s Councils of districts shall promulgate resolutions to prescribe issues
assigned in the laws and resolutions of the National Assembly; decentralization
of tasks and powers, and exercise of decentralized tasks and powers.
Chapter III
FORMULATION AND PROMULGATION OF
LEGISLATIVE DOCUMENTS OF THE NATIONAL ASSEMBLY AND STANDING COMMITTEE OF THE
NATIONAL ASSEMBLY
Section 1. TENURE-SPECIFIC LEGISLATIVE ORIENTATION AND
ANNUAL LEGISLATIVE PROGRAM OF THE NATIONAL ASSEMBLY
Article 23. Tenure-specific legislative orientation of the National Assembly
1. The
Standing Committee of the National Assembly shall preside over and cooperate
with the Government in formulating the National Assembly’s tenure-specific
legislative orientation and complete it before September 01 of the first year
of the National Assembly's tenure for submission to the Communist Party’s competent
agency for approval.
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2. Bases
for formulating tenure-specific legislative orientation of the National
Assembly encompass:
a)
Guidelines of the Communist Party, orientations and conclusions of competent
authorities of the Communist Party and the State;
b)
Results of implementation or assessment of the National Assembly’s
tenure-specific legislative orientation during previous tenure, requirements
for ongoing development and improvement of the legal system;
c) New
issues and new trends that need governing by laws;
d)
Requirements for addressing urgent and practical issues.
3. A
legislative task proposal is composed of a statement; list of legislative
tasks, which explicitly specify bases and contents that need to be studied,
reviewed and institutionalized, expected deadline for completing the study and
review, and the deadline for necessary amendments or supplements to or
promulgation of a law or resolution of the National Assembly, ordinance or
resolution of the Standing Committee of the National Assembly (if any).
4. The
National Assembly’s tenure-specific legislative orientation is a list of
legislative tasks, which determine specific requirements for review and
proposal for amendment/supplementation or study and proposal for promulgation
of a law or resolution of the National Assembly, ordinance or resolution of the
Standing Committee of the National Assembly; presiding authority; deadline for
completing the study and review shall be arranged in the order of priority on
an annual basis during the National Assembly's tenure.
5. The
Standing Committee of the National Assembly shall promulgate a plan to
implement the National Assembly’s tenure-specific legislative orientation right
after it is approved. In case there are new legislative tasks, the Standing
Committee of the National Assembly shall consider and decide the adjustment of
the implementation plan.
6. The
Government and agencies and organizations tasked by the Standing Committee of
the National Assembly with legislation shall promulgate a plan to implement the
National Assembly’s tenure-specific legislative orientation; in the course of
undertaking the legislative tasks, they may proactively formulate polices,
draft laws and resolutions of the National Assembly, ordinances and resolutions
of the Standing Committee of the National Assembly.
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1. Based
on National Assembly’s tenure-specific legislative orientation or requirements
for addressing outstanding issues or practical issues (if any), the Standing
Committee of the National Assembly shall, on its own, propose the formulation
of laws and resolutions of the National Assembly, ordinances and resolutions of
the Standing Committee of the National Assembly; the President, the Ethnic
Minorities Council, Committees of the National Assembly, the Government, the
People’s Supreme Court, the People’s Supreme Procuracy, the State Audit Office
of Vietnam, the Central Committee of Vietnamese Fatherland Front, central
agencies of member organizations of the Vietnamese Fatherland Front and deputies
to the National Assembly (hereinafter referred to as “submitting agency”) shall
submit a proposal for formulation of law/resolution of the National Assembly,
ordinance/resolution of the Standing Committee of the National Assembly to the
Standing Committee of the National Assembly before every August 01 for
inclusion in the next year’s legislative program.
2. The
proposal for formulation of law, ordinance or resolution shall be sent
electronically, and physically (01 copy), explicitly stating the necessity and
purposes of promulgation, scope, regulated entities; specific issues raised to
resolve conflicting, overlapping and irrational contents of law; new issues,
new trends and other necessary contents (if any); expected time for submission
and approval.
3. The
Standing Committee of the National Assembly shall decide the next year’s
legislative program before October 01 on the basis of the proposal submitted by
the proposing agency.
Article 25. Approval of annual legislative program
1. The
Standing Member of the Law and Justice Committee shall preside over and
cooperate with the submitting agency, the Ethnic Minorities Council and other
Committees of the National Assembly in commenting on contents of the proposals
for formulation of laws and resolutions of the National Assembly, ordinances
and resolutions of the Standing Committee of the National Assembly; anticipate
the annual legislative program and report it to the Standing Committee of the
National Assembly.
2. The
Standing Member of Ethnic Minorities Council and Standing Members of Committees
of the National Assembly shall cooperate in commenting contents of the
proposal, order of priority and time for submission to the National Assembly
and the Standing Committee of the National Assembly.
3. The
Standing Committee of the National Assembly shall consider and approve the
resolution on the annual legislative program; the resolution shall specify
title of the law or resolution of the National Assembly, ordinance or
resolution of the Standing Committee of the National Assembly, submitting
agency, verifying agency and estimated time for submission according to the
scheduled session of the National Assembly, meeting of the Standing Committee
of the National Assembly; the resolution is sent to deputies to the National
Assembly.
In case
there is a proposal for formulation of an ordinance by the Standing Committee
of the National Assembly but the National Assembly has not assigned the
Standing Committee of the National Assembly to formulate such ordinance, the
Standing Committee of the National Assembly shall report it to the National
Assembly for its consideration and decision.
4. The
Standing Committee of the National Assembly shall direct the implementation of
the annual legislative program.
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1. The
Standing Committee of the National Assembly shall adjust or consider and decide
the adjustment of the annual legislative program as prescribed in Article 25 of
this Law in the following cases:
a) The
submitting agency which submits the proposal prescribed in clause 2 Article 24
of this Law proposes the addition of a law or resolution of the National
Assembly, an ordinance or resolution of the Standing Committee of the National
Assembly to the annual legislative program;
b) The
submitting agency has a document specifying the reasons for proposal for
removal from the annual legislative program or change of the submission time.
2. In
case it is needed to promulgate a law or resolution right at the ongoing
National Assembly session or the nearest session to immediately resolve urgent
and practical issues, difficulties or inadequacies while the proposal therefor
is yet to be included in the annual legislative program, the project submitting
agency shall proactively organize the drafting and is not required to implement
the policy-making process; send the project dossier so as for the Ethnic
Minorities Council and Committees of the National Assembly to verify and submit
it to the Standing Committee of the National Assembly to seek its opinions and
decision on the addition to the expected National Assembly session program for
submission to the National Assembly for consideration and approval.
Section 2. FORMULATION OF POLICIES
Article 27. Cases in which policy-making process is
implemented
1. The
submitting agency shall organize the implementation of the policy-making
process before drafting in the cases of formulating the legislative documents
below:
a) New
laws and ordinances; laws and ordinances replacing applicable laws and
ordinances;
b) Law on
amendments and supplements to some articles of laws which contain contents
about derogation of human rights and citizens’ rights in accordance with the
Constitution;
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2. For
bills and resolution projects of the National Assembly, ordinance projects of
the Standing Committee of the National Assembly which are not specified in
clause 1 of this Article, the submitting agency is not required to implement
the policy making process but is required to clearly state the impacts of the
policy in the explanatory document on policy codification.
3. The
submitting agency shall formulate a policy proposal itself or assign another
agency to do so.
Article 28. Policy determination
1. The
policy proposing agency shall determine every policy based on the Communist
Party's guidelines; results of law implementation review or social relation
assessment; assurance about the exercise of human rights, basic rights and
obligations of citizens; assurance about national defense and security;
guidelines on devolution and decentralization of power; new issues, new trends;
requirements for performing state management, stimulating creativity, unlocking
all resources, promoting socio-economic development; undertakings in relevant
treaties to which the Socialist Republic of Vietnam is a signatory.
2.
Contents of each policy must be specific and explicit, including:
a) Issues
to be resolved, causes of each issue;
b)
Objectives to be achieved when resolving issues;
c) Solutions
for resolving each issue;
d)
Entities under direct impact of each policy, group of entities responsible for
implementing the policy;
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Article 29. Assessment of impacts of policies
1. The
policy proposing agency shall assess impacts of each policy.
2. The
assessment shall cover:
a)
Impacts on the legal system which are assessed based on analysis of the
policy's constitutionality, legality, consistency with the legal system;
compatibility with relevant treaties to which the Socialist Republic of Vietnam
is a signatory;
b) Socio
- economic impacts which are assessed based on the analysis and prediction of
costs, benefits, positive and negative impacts on one or more issues related to
production, business, employment, ethnics, religion, culture, healthcare,
education, environment, national defense, security; other socio-economic
issues;
c) Gender
impacts (if any) which are assessed based on the analysis of opportunities,
conditions, capacity for exercise and enjoyment of rights and benefits of each
gender;
d)
Impacts of administrative procedures (if any) which are assessed based on the
analysis of the necessity of administrative procedures for policy
implementation.
3. For
draft laws and resolutions of the National Assembly, and ordinances of the
Standing Committee of the National Assembly which are specified in clause
1 Article 27 of this Law, before voting for approval, if a new policy is added,
the submitting agency shall organize assessment of the impacts of such policy.
Article 30. Seeking opinions about
policies and holding consultations
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a) Seek
opinions of entities under direct impacts of the policy, Vietnamese Fatherland
Front, socio-political organizations, Delegations of the National Assembly
deputies, Ministries, ministerial agencies, other agencies, organizations and
individuals concerned. In case of seeking opinions in writing, the enquired
agencies and organizations shall give written responses within 15 days after
receiving the request for opinion;
b)
Organize a conference on consultation with the Standing Member of the Ethnic
Minorities Council, Standing Members of Committees of the National Assembly,
Ministries and ministerial agencies about directly related policies within the
scope and/or in the fields falling under their management in the policy-making
process.
At the
request of the consulted Standing Member of the Ethnic Minorities Council and
Standing Members of Committees of the National Assembly, the policy proposing agency
shall invite representatives of other National Assembly’s agencies, entities or
organizations representing entities under direct impact of the policy, experts,
scientists, agencies, organizations and individuals concerned to participate in
the conference. At the consultation conference, leader of the policy proposing
agency shall present and provide explanations for the issues related to the
policy. The policy proposing agency shall formulate a document on policy
consultation results which clearly specify viewpoints of consulted agencies,
organizations and individuals.
The
policy consultation with Ministries and ministerial agencies shall comply with
the Government’s regulations;
c) Study,
accept and explain opinions about the policy and subject matters of the policy
consultation.
2. The
policy dossier submitted for opinions about the policy and policy consultation
includes drafts of the following documents:
a)
Proposal;
b) Report
on assessment of impacts of the policy;
c) Report
on review of guidelines of the Communist Party, legislative documents and
treaties related to the policy;
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dd)
Explanatory document on policy codification.
3.
Regarding the policy dossier not submitted by the Government, the policy
proposing agency shall consult the Government. The policy dossier sent to the
Government for its opinions includes the request for opinions and the documents
prescribed in points b, c, d, dd, e and g clause 2 Article 31 of this Law. The
Government shall give a written response within 30 days after receiving the
policy dossier.
The
policy proposing agency shall study, accept and explain the Government’s
opinions.
Article 31. Appraisal of policies of laws and ordinances of
the National Assembly, ordinances of the Standing Committee of the National
Assembly submitted by the Government
1. The
Ministry of Justice shall preside over and cooperate with the Ministry of
Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of
Public Security, Ministry of National Defense, agencies, organizations and
individuals concerned in appraising policies of laws and resolutions of the
National Assembly, ordinances of the Standing Committee of the National
Assembly before submitting them to the Government within 30 days from the date
of receiving sufficient dossiers. The appraisal shall be carried out on the
basis of the policy dossier submitted for appraisal.
For a
policy proposed by the Ministry of Justice or where necessary, the Minister of
Justice shall establish an appraisal council.
2. A
policy dossier submitted for appraisal consists of:
a) An
application form for appraisal of the policy proposing agency;
b) Draft
statement;
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d) Report
on review of guidelines of the Communist Party, legislative documents and
treaties related to the policy;
dd)
Report on final review of law implementation or assessment of social relations
related to the policy;
e)
Explanatory document on policy codification;
g) A
summary of accepted opinions and subject matters of the consultation,
explanations for such opinions and subject matters.
3. The
leader of the policy proposing agency shall present and explain issues related
to the policy at the appraisal meeting.
4. The
policy appraisal shall cover:
a) The
necessity of the policy;
b) The
conformity of the policy with guidelines of the Communist Party and policies of
the State;
c) The
constitutionality, legality, consistency with the legal system of the policy;
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dd) The
necessity of prescribing administrative procedures; devolution and
decentralization of power; assurance of gender equality, ethnic policy (if
any);
e) The
adherence to the policy making sequence and procedures.
5. The
appraisal report of the Ministry of Justice must clearly specify whether the
policy dossier is qualified for submission to the Government. It shall be sent
to the Government and the policy proposing agency.
If
qualified for submission to the Government, the policy proposing agency shall
study and make a report on acceptance of and explanation for appraisal opinions
and take responsibility for contents of the report for submission to the
Government.
If not
qualified for submission to the Government, the policy proposing agency shall
accept and explain opinions, and complete the policy dossier for re-appraisal.
Article 32. Approval of policies
1. For laws and resolutions of the National Assembly, and
ordinances of the Standing Committee of the National Assembly submitted by the
Government, the Government shall promulgate resolutions on policy approval to
form a basis for the drafting.
2. For laws and resolutions of the National Assembly, and
ordinances of the Standing Committee of the National Assembly not submitted by
the Government, the submitting agency shall promulgate a document on policy
approval to form a basis for the drafting.
Section 3. DRAFTING OF LAWS AND RESOLUTIONS OF THE NATIONAL
ASSEMBLY, ORDINANCES AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL
ASSEMBLY
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1. The
submitting agency shall draft or assign an agency to draft laws, ordinances and
resolutions (below collectively referred to as “agency presiding over
drafting”). Contents of draft laws, ordinances and resolutions must adhere to
the principles specified in Article 5 of this Law.
2. The
drafting shall be carried out as follows:
a) For
laws and resolutions of the National Assembly, and ordinances of the Standing
Committee of the National Assembly which require the implementation of the
policy-making process, the drafting shall be carried out on the basis of the
approved policies.
In case a
new policy is added in the drafting process, such policy must comply with the
regulations set out under Article 28 through 32 of this Law;
b) For
laws, ordinances and resolutions which does not require the implementation of
the policy-making process, the drafting shall be carried out on the basis of
the plan to implement the tenure-specific legislative orientation of the
National Assembly and the annual legislative program.
3. The
agency presiding over drafting shall perform the following tasks:
a)
Organize collection of opinions of the Delegations of the National Assembly
deputies, entities under direct impact of bills, ordinance/resolution projects;
collect opinions of Ministries and ministerial agencies about contents of
bills, ordinance/resolution projects related to the functions of industries and
sectors management of Ministries, ministerial agencies, other agencies,
organizations and individuals concerned. In case of seeking opinions in
writing, the enquired agencies, organizations and individuals shall give
written responses within 15 days after receiving the request for opinion.
For bills
and resolution projects of the National Assembly, and ordinance projects of the
Standing Committee of the National Assembly for which the policy-making process
has been implemented, the collection of opinions is not mandatory;
b)
Collect social criticisms of the Vietnamese Fatherland Front and appoint
representatives to participate in the social criticism meeting upon request.
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c) Post
the bill/ordinance project/resolution project dossier on the web portal of the
agency presiding over drafting within 20 days in order for agencies,
organizations and individuals to contribute their opinions, unless otherwise
prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory.
In case the legislative document is promulgated according to simplified
sequence and procedures, the posting shall comply with point b clause 4 Article
51 of this Law;
d) Study,
accept and explain opinions and social criticisms.
4. A
bill/ordinance project/resolution project dossier submitted for collection of
social criticisms and opinions, and posting includes the following documents:
a) Draft
statement;
b) Draft
law/ordinance/resolution;
c) Report
on final review of law implementation or assessment of social relations related
to the draft;
d) Report
on review of guidelines of the Communist Party, legislative documents, treaties
related to the draft;
dd) An
assessment of administrative procedures, devolution and decentralization of
power, assurance of gender equality, ethnic policy (if any) in the draft;
e)
Explanatory document on policy codification in the case specified in clause 2
Article 27 of this Law;
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h) Other
documents (if any).
Article 34. Appraisal of bills and resolution projects of
the National Assembly, ordinance and resolution projects of the Standing
Committee of the National Assembly submitted by the Government
1. The
Ministry of Justice shall preside over and cooperate with the Ministry of
Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of
Public Security, Ministry of National Defense, agencies, organizations and
individuals concerned in appraising bills, ordinance projects and resolution
projects before submitting them to the Government within 30 days from the date
of receiving sufficient dossiers. The appraisal shall be carried out on the
basis of the bill/project dossier submitted for appraisal.
For a project
the Ministry of Justice presides over drafting or where necessary, the Minister
of Justice shall establish an appraisal council.
2. A
project dossier submitted for appraisal consists of:
a) An
application form for appraisal;
b) Draft
statement;
c) Draft
law/ordinance/resolution;
d) Report
on final review of law implementation or assessment of social relations related
to the draft;
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e) An assessment
of administrative procedures, devolution and decentralization of power,
assurance of gender equality, ethnic policy (if any);
g)
Explanatory document on policy codification in the case specified in clause 2
Article 27 of this Law;
h) A
comparison of the amending, supplementing or replacing draft with the existing
law/ordinance/resolution;
i) A
summary of accepted opinions and social criticisms, and explanations therefor;
k) Other
documents (if any).
3. The
leader of the policy proposing agency shall present and explain issues related
to the bill/project at the appraisal meeting.
4. The
bill/project appraisal shall cover:
a)
Necessity of promulgating the law/ordinance/resolution;
b)
Conformity of the draft’s contents with guidelines of the Communist party;
constitutionality, legality, consistency with the legal system;
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d) The
compatibility with relevant treaties to which the Socialist Republic of Vietnam
is a signatory; satisfaction of national defense and security requirements;
financial resources; human resources;
dd) The
necessity and rationality of administrative procedures; devolution and
decentralization of power; assurance of gender equality, ethnic policy (if
any);
e) Language,
format, techniques for presentation of the document, and sequence of and
procedures for drafting the law/ordinance/resolution.
5. The
appraisal report must clearly specify whether the bill/project is qualified for
submission to the Government; shall be sent to the Government and the agency
presiding over drafting.
If
qualified for submission to the Government, the agency presiding over drafting
shall study, accept and explain appraisal opinions, prepare a report on such
acceptance and explanation and take responsibility for contents of the report
for submission to the Government.
If not
qualified for submission to the Government, the agency presiding over drafting
shall accept and explain opinions, and complete the bill/project dossier for
re-appraisal.
Article 35. Offering opinions on bills and resolution
projects of the National Assembly, ordinance and resolution projects of the
Standing Committee of the National Assembly not submitted by the Government
1. The
Government shall offer its opinions on bills, ordinance projects and resolution
projects not submitted by the Government before submission to the National
Assembly and the Standing Committee of the National Assembly. Opinions shall be
offered within 30 days from the date of receiving a sufficient dossier.
2. The
bill/project dossier sent to the Government for its opinions includes the
request for opinions and the documents prescribed in points b, c, d, dd, e, g,
h, i and k clause 2 Article 34 of this Law.
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Article 36. Considering and deciding the submission of
bills and resolution projects of the National Assembly, ordinance and
resolution projects of the Standing Committee of the National Assembly
1. The Government shall consider and decide the submission of
bills/ordinance projects/resolution projects on the basis of the statement of
the agency presiding over drafting and project dossier after receiving and
responding to appraisal opinions.
2. For laws, ordinances and resolutions not submitted by the
Government, the submitting agency shall consider and decide the submission
after receiving and responding to the Government’s opinions.
Section 4. VERIFICATION, APPROVAL AND ANNOUNCEMENT OF LAWS
AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES AND RESOLUTIONS OF THE
STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 37. Bill/project verification
1. For a
bill/project submitted to the National Assembly, at least 45 days before the
opening date of a session of the National Assembly, the submitting agency must
send the dossier specified in clause 3 of this Article to the agency presiding
over verification to carry out verification and electronically send such
dossier to the Secretary General of the National Assembly - Chairman/Chairwoman
of the Office of the National Assembly to be sent to the Delegations of the
National Assembly deputies and posted on the National Assembly’s web portal.
For a
bill/project submitted to the Standing Committee of the National Assembly, at
least 20 days before the opening date of a meeting of the Standing Committee of
the National Assembly, the submitting agency must send the dossier specified in
clause 3 of this Article to the agency presiding over verification to carry out
verification.
2. The
Ethnic Minorities Council and Committees of the National Assembly shall preside
over verifying bills and resolution projects of the Standing Committee of the
National Assembly, ordinance and resolution projects of the Standing Committee
of the National Assembly in the fields under their charge, other bills,
ordinance and resolution projects assigned by the National Assembly and the
Standing Committee of the National Assembly; participate in verifying contents
related to the fields under their charge in the bills, ordinance and resolution
projects the verification of which is presided over by other National
Assembly’s agencies in accordance with regulations of the Standing Committee of
the National Assembly. The Standing Member of the Law and Justice Committee
shall participate in verifying the constitutionality, legality, consistency
with the legal system of the bills, ordinance and resolution projects.
3. A
bill/project dossier submitted for verification consists of:
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b) Draft
law/ordinance/resolution;
c) Report
on final review of law implementation or assessment of social relations related
to the draft;
d) Report
on review of guidelines of the Communist Party, legislative documents, treaties
related to the draft;
dd) An
assessment of administrative procedures, devolution and decentralization of
power, assurance of gender equality, ethnic policy (if any);
e)
Explanatory document on policy codification in the case specified in clause 2
Article 27 of this Law;
g) A
comparison of the amending, supplementing or replacing draft with the existing
law/ordinance/resolution;
h) A
summary of accepted opinions and social criticisms, and explanations therefor;
i)
Appraisal report or opinions of the Government about the bill/ordinance
project/resolution project not submitted by the Government;
k) A
report on acceptance of and explanation for appraisal opinions regarding the
bill/ordinance project/resolution project submitted by the Government or report
on acceptance of and explanation for the Government’s opinions about the
bill/ordinance project/resolution project not submitted by the Government;
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4. The
verification shall focus on:
a) The
conformity of contents of the draft law/ordinance/resolution with guidelines of
the Communist Party;
b) The
scope, regulated entities of the draft law/ordinance/resolution;
c) The
contents of the draft law/ordinance/resolution and controversial issues (if
any);
d) The
constitutionality, legality, consistency with the legal system of the draft
law/ordinance/resolution;
dd) The
compatibility with relevant treaties to which the Socialist Republic of Vietnam
is a signatory; satisfaction of national defense and security requirements;
financial resources; human resources;
e) The
necessity and rationality of administrative procedures; devolution and
decentralization of power; assurance of gender equality, ethnic policy (if
any);
g) The
feasibility of regulations in the draft law/ordinance/resolution;
h)
Language, format, techniques for presentation of the document, sequence of and
procedures for formulating policies and drafting the law/ordinance/resolution.
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a) The
agency presiding over verification shall hold a general meeting for
verification. In case a general meeting is yet to be held for verification, the
meeting of Standing Member of Ethnic Minorities Council and Standing Members of
Committees of the National Assembly shall carry out preliminary verification so
as to promptly submit it to the Standing Committee of the National Assembly
before submission to the National Assembly;
b) The
agency presiding over verification shall invite other agencies to participate
in the verification or their standing members to the verification meeting;
c) The
leader of the agency presiding over drafting regarding the bill/project
submitted by the Government or a deputy to the National Assembly or leader of
the submitting agency regarding the bill/project not submitted by the
Government shall attend, report and explain issues related to the bill/project
at the verification meeting.
6.
Requirements applicable to a verification report:
a)
The verification report must contain viewpoints of
the verifying agency on the issues to be verified prescribed in clause 4 of
this Law;
b) The
verification report must reflect opinions of members of the agency presiding
over verification, opinions of the verifying agency, opinions of the
Delegations of National Assembly deputies (if any) on contents of the
bill/ordinance project/resolution project; whether the bill/ordinance
project/resolution project is qualified for submission to the Standing
Committee of the National Assembly or the National Assembly; in case the
bill/project is not qualified for submission, the agency presiding over
verification shall report such to the Standing Committee of the National
Assembly so as for it to consider returning the dossier to the submitting
agency for further revision and completion.
Article 38. The Standing Committee of the National
Assembly’s offer of opinions on bills and resolution projects of the National
Assembly
1. The
Standing Committee of the National Assembly must offer opinions on the
bills/resolution projects of the National Assembly before it is submitted to
the National Assembly. The Standing Committee of the National Assembly shall
bring the bills/projects up for discussion and opinions at a Conference of
full-time National Assembly deputies.
2. At
least 07 days before the opening date of a meeting of the Standing Committee of
the National Assembly, the dossier specified in clause 3 Article 37 of this Law
and verification report must be sent to the Standing Committee of the National
Assembly.
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a) The
submitting agency presents basic contents of the drafts;
b) The
agency presiding over verification presents the verification report and
proposes issues which the National Assembly needs to focus on discussing;
c) The
Government’s representative expresses its opinions on the bills/projects not
submitted by the Government;
d) The
agencies, organizations and individuals attending the meeting express their
opinions;
dd) The
Standing Committee of the National Assembly enters into the discussion;
e) The
meeting's Chair comes to conclusion.
4. On the
basis of opinions of the Standing Committee of the National Assembly, the
submitting agency shall study and accept them to revise and complete the
bills/projects.
5. The
submitting agency shall report its acceptance of opinions, bill/project
revision and completion to the Standing Committee of the National Assembly. The
standing member of the agency presiding over verification shall report the
acceptance of opinions, bill/project revision and completion by the submitting
agency to the Standing Committee of the National Assembly to seek its opinions
thereon. In case the submitting agency and the Standing Committee of the
National Assembly have yet to reach agreement or any bill/project contains
important or complex contents which needs giving more time to study, accept and
revise, the Standing Committee of the National Assembly shall, on its own or at
the request of the submitting agency, decide to postpone the deadline for
submission to the National Assembly for approval.
6. At
least 20 days before the opening date of a session of the National Assembly,
the Standing Committee of the National Assembly shall direct the inclusion in
the proposed agenda of the National Assembly session of the bills and
resolution projects that have been commented on by the Standing Committee of
the National Assembly and qualified for submission to the National Assembly.
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1. The
National Assembly shall consider and approve draft laws and resolutions at one
session, except for the case specified in clause 11 Article 40 of this Law. At
least 15 days before the opening date of a session, the bill/resolution project
dossier and the verification report must be sent to deputies to the National
Assembly.
2. The
Standing Committee of the National Assembly shall consider and approve draft
ordinances and resolutions at one meeting, except for the case specified in
clause 2 Article 42 of this Law. At least 10 days before the opening date of a
meeting, the bill/resolution project dossier and the verification report must
be sent to members of the Standing Committee of the National Assembly.
3. A
bill/resolution project dossier submitted to the National Assembly, and
ordinance project/resolution project dossier submitted to the Standing
Committee of the National Assembly consist of the documents specified in clause
3 Article 37 of this Law and the verification report shall be sent
electronically, and physically (03 copies).
Article 40. Sequence of considering and approving draft
laws and resolutions of the National Assembly
1. The
submitting agency presents the statement.
2. The
agency presiding over verification presents the verification report.
3. The
National Assembly discusses at the general meeting. Before being discussed at
the general meeting, the bill/project may be discussed by groups of National Assembly deputies.
4. During
the discussion, the submitting agency explains the issues related to the
bill/project raised by deputies to the National Assembly.
5. The
National Assembly casts votes on important, major and controversial issues of
the bill/project at the request of Standing Committee of the National Assembly
or the submitting agency to form a basis for revision.
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7. The
study and acceptance of and explanation for opinions on, and revision to the
draft law/resolution shall be carried out in the following sequence:
a) The
submitting agency presides over and cooperates with the standing member of the
agency presiding over verification in studying, accepting and explaining
opinions on, and revising the draft, making a report on such acceptance,
explanation and revision and submitting it to the Standing Committee of the
National Assembly for its opinions; the standing member of the agency presiding
over verification shall send a report to the Standing Committee of the National
Assembly to seek its opinions about contents which the submitting agency
intends to accept, explain and about revisions to the draft law/resolution;
b) The
submitting agency presides over and cooperate with the standing member of the
agency presiding over verification, agencies and organizations concerned in
studying, accepting and explaining opinions on, and revising the draft
law/resolution according to opinions offered by the Standing Committee of the
National Assembly;
c) At
least 03 days before the it is put to the vote by the National Assembly, the
submitting agency presides over and cooperates with the standing member of the
agency presiding over verification, agencies and organizations concerned in
completing the review, perfecting language, format and techniques for
presenting the draft law/resolution and submitting such to the National
Assembly;
d) In
case the submitting agency does not concur with opinions offered by the
Standing Committee of the National Assembly or the bill/project contains
important or complex contents which needs giving more time to study, accept and
revise, the Standing Committee of the National Assembly shall, on its own or at
the request of the submitting agency, request the National Assembly to consider
deciding to postpone the deadline for submission to the National Assembly for
approval at the next session or re-submission.
8. The
submitting agency reports its acceptance of and provision of explanations for
opinions, and revision to the draft law/resolution.
9. The
National Assembly casts votes on approval for the draft law/resolution. If the
draft still has controversial issues, the National Assembly shall cast votes on
these issues at the request of Standing Committee of the National Assembly
before the entire draft is voted for approval.
10. The
National Assembly’s Chairman/Chairwoman signs the law or resolution of the
National Assembly.
11. In
case a draft law/resolution is yet to be approved, the National Assembly shall
consider deciding to postpone the deadline for approval to continue completing
it, submit it to the National Assembly for approval at the next session or
re-submit it.
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Article 41. Sequence of considering and approving draft
laws and resolutions at the next session
1. Prior
to the next session, the submitting agency presides over and cooperates with
the standing member of the agency presiding over verification, agencies and
organizations concerned in studying, accepting and explaining opinions on, and
revising the draft law/resolution, making and submitting a report on such
acceptance, explanation and revision to the Standing Committee of the National
Assembly.
In case
the Standing Committee of the National Assembly organizes a Conference of full-time
National Assembly deputies for discussion and offer of opinions on a draft
law/resolution, the submitting agency shall report, study, accept and explain
opinions of the deputies attending the conference.
2. The
Standing Committee of the National Assembly shall consider and offer its
opinions on the acceptance of and provision of explanations for opinions, and
revision to the draft law/resolution in the following sequence:
a) The
submitting agency presents its report on acceptance, explanation and revision;
b) The
standing member of the agency presiding over verification presents its opinions
on the contents which the submitting agency intends to accept and explain, and
on revisions to the draft;
c) The
Standing Committee of the National Assembly considers and discuss the revised
draft.
3. The
submitting agency accepts and explains opinions given by the Standing Committee
of the National Assembly.
4. At the
next session:
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b) The
standing member of the agency presiding over verification presents its opinions
on the contents which the submitting agency intends to accept and explain, and
on revisions to the draft;
c) The National
Assembly discusses contents of the draft;
d) The
study, acceptance of and provision of explanations for the National Assembly’s
opinions for revision to the draft law/resolution, submission to the Government
for its voting, approval and signature shall continue to comply with clauses 7,
8, 9 and 10 Article 40 of this Law.
Article 42. Sequence of considering and approving draft
ordinances and resolutions of the Standing Committee of the National Assembly
1. The
Standing Committee of the National Assembly shall consider and approve a draft
ordinance/resolution in the following sequence:
a) The
submitting agency presents the statement;
b) The
agency presiding over verification presents the verification report;
c) The
agencies, organizations and individuals invited to the meeting express their
opinions;
d) The
Standing Committee of the National Assembly enters into the discussion and the
meeting’s Chair comes to conclusion;
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e) The
submitting agency shall report its acceptance of and explanation for opinions
on and revision to the draft; the standing member of the agency presiding over
verification presents its opinions on the contents which the submitting agency
intends to accept and explain, and on revisions to the draft (if any);
g) The
Standing Committee of the National Assembly casts votes on approval for the
draft. If the draft still has controversial issues, the Standing Committee of
the National Assembly shall cast votes on these issues at the request of
meeting’s Chair before the entire draft is voted for approval;
h) The
National Assembly’s Chairman/Chairwoman signs the ordinance/resolution of the
Standing Committee of the National Assembly.
2. In
case the draft ordinance/resolution is yet to be approved, the submitting
agency shall preside over and cooperate with the standing member of the agency
presiding over verification, agencies and organizations concerned in studying,
accepting and explaining opinions on, and revising the draft law/resolution,
making and submitting a report on such acceptance, explanation and revision to
the Standing Committee of the National Assembly for its consideration and
approval of the draft at the next meeting in the following sequence:
a) The
submitting agency presents its report on acceptance, explanation and revision;
b) The
standing member of the agency presiding over verification presents its opinions
on the report on acceptance, explanation and revision;
c) The
Standing Committee of the National Assembly considers, discusses and votes on
approval for the draft. If the draft still has controversial issues, the
Standing Committee of the National Assembly shall cast votes on these issues at
the request of meeting’s chair before the entire draft is voted for approval;
d) The
National Assembly’s Chair signs the ordinance/resolution of the Standing
Committee of the National Assembly.
Article 43. Announcement of laws and resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly
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In case
the President requests the Standing Committee of the National Assembly to
re-consider an ordinance ratified by the Standing Committee of the National
Assembly, within 10 days from the date on which it is ratified, the President
shall send a written request for re-consideration to the Standing Committee of
the National Assembly. The Standing Committee of the National Assembly shall
re-consider the issues raised by the President at the nearest meeting. After
the ordinance is put on the vote and ratified again by the Standing Committee
of the National Assembly, the President shall announce it within 15 days from
the date on which it is ratified again by the Standing Committee of the
National Assembly. If the President still disagrees, the President shall
present the case to the National Assembly for decision at the nearest session.
2. The
Secretary General of the National Assembly - Chairman/Chairwoman of the Office
of the National Assembly shall promulgate a resolution of the National Assembly
or a resolution of the Standing Committee of the National Assembly within 15
days from the date on which it is ratified.
The
Secretary General of the National Assembly - Chairman/Chairwoman of the Office
of the National Assembly shall announce the resolution formulated and
promulgated according to simplified sequence and procedures and in special
cases within 05 days from the date on which it is ratified.
Chapter IV
FORMULATION AND PROMULGATION OF
LEGISLATIVE DOCUMENTS OF OTHER AGENCIES
Article 44. Formulating and promulgating orders and
decisions of the President
1. The
President shall decide an agency presiding over drafting an order or decision
himself/herself or at the request of the Government, the People’s Supreme
Court, the People’s Supreme Procuracy or another competent agency.
2. The
agency presiding over drafting shall organize the drafting of the order or
decision.
3. The
President may request the agency presiding over drafting to discuss important
issues of the draft order or decision.
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5. The
agency presiding over drafting shall study and accept opinions from other
agencies, organizations and individuals to revise the draft order or decision,
then submit a report to the President.
6. The
President shall consider signing the order or decision for promulgation.
Article 45. Formulation and promulgation of legislative
documents of the Government, Prime Minister, Ministers, heads of ministerial
agencies and local governments
The
Government shall stipulate sequence of and procedures for formulation and
promulgation of legislative documents of the Government, Prime Minister,
Ministers, heads of ministerial agencies and local governments.
Article 46. Formulation and promulgation of resolutions of
the Council of Justices of the People’s Supreme Court, circulars of the Chief
Justice of the People’s Supreme Court
1.
Formulation and promulgation of a resolution of the Council of Justices of the
People’s Supreme Court:
a) The
drafting of a resolution of Council of Justices of the People’s Supreme Court
is organized and directed by the Chief Justice of the People’s Supreme Court;
b) The
draft resolution must be posted on the web portal of the Government and web
portal of the Supreme People’s Court for at least 60 days so as for agencies,
organizations and individuals to contribute their opinions, unless otherwise
prescribed by a treaty to which the Socialist Republic of Vietnam is a
signatory; in case the resolution is promulgated according to simplified
sequence and procedures, the posting shall comply with point b clause 4 Article
51 of this Law.
The draft
resolution must be sent to the People’s Supreme Procuracy, the Ministry of
Justice, relevant Ministries and ministerial agencies, Vietnam Lawyers
Association and the Vietnam Bar Federation to seek their opinions;
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d) The
Chief Justice of the People’s Supreme Court shall establish an advisory council
to appraise the draft resolution of the Council of Justices of the People’s
Supreme Court, which is participated by representatives of the People’s Supreme
Procuracy, the Ministry of Justice, relevant agencies, organizations and units,
experts and scientists;
dd) The
draft resolution shall be discussed at the meeting of the Council of Justices
of the Supreme People’s Court which is attended by the Prosecutor General of
the Supreme People’s Procuracy and the Minister of Justice;
e) The
Council of Justices of the Supreme People’s Court shall hold a meeting to
ratify the draft resolution.
If the
Prosecutor General of the Supreme People’s Procuracy or the Minister of Justice
does not concur with the resolution of the Council of Justices of the Supreme
People’s Court, a report may be submitted to the Standing Committee of the
National Assembly for its consideration and decision at the nearest meeting;
g) The
Chief Justice of the People’s Supreme Court shall sign resolutions of the
Council of Justices of the Supreme People’s Court.
2.
Formulation and promulgation of a circular of the Chief Justice of the People’s
Supreme Court:
a) The
drafting of a circular of the Chief Justice of the People’s Supreme Court is
organized and directed by the Chief Justice of the People’s Supreme Court;
b) The
unit assigned to preside over drafting shall conduct a final review of the
implementation of laws related to the draft circular; study relevant
information and materials; prepare an outline of, make and revise the draft
circular; organize the collection of opinions; prepare a statement and
documents related to the draft.
The draft
circular must be posted on the web portal of the Supreme People’s Court for at
least 20 days so as for agencies, organizations and individuals to contribute
their opinions, unless otherwise prescribed by a treaty to which the Socialist
Republic of Vietnam is a signatory; in case the circular is promulgated according
to simplified sequence and procedures, the posting shall comply with point b
clause 4 Article 51 of this Law.
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c) The
Council of Justices of the People’s Supreme Court shall discuss and offer
opinions about the draft circular of Chief Justice of the People’s Supreme
Court;
d) The
Chief Justice of the People’s Supreme Court shall direct the acceptance of
offered opinions, and consider signing the circular for promulgation.
Article 47. Formulation and promulgation of Circulars of
the Prosecutor General of the Supreme People’s Procuracy
1. The
drafting of a circular of the Prosecutor General of the Supreme People’s
Procuracy is organized and directed by the Prosecutor General of the Supreme
People’s Procuracy.
2. The
unit assigned to preside over drafting shall conduct a final review of the
implementation of laws related to the draft; study relevant information and
materials; prepare an outline of, make and revise the draft; organize the
collection of opinions; prepare a statement and documents related to the draft.
3. The
draft circular must be posted on the web portal of the Supreme People’s
Procuracy for at least 20 days so as for agencies, organizations and
individuals to contribute their opinions, unless otherwise prescribed by a
treaty to which the Socialist Republic of Vietnam is a signatory; in case the
circular is promulgated according to simplified sequence and procedures, the
posting shall comply with point b clause 4 Article 51 of this Law.
Depending
on the characteristics and contents of the draft, the Prosecutor General of the
Supreme People’s Procuracy shall decide to send the draft circular to local
people’s procuracies, military procuracies, and relevant agencies and
organizations for their opinions.
4. The
Procuracy Committee of the Supreme People’s Procuracy shall discuss and present
opinions on the draft circular of the Prosecutor General of the Supreme
People’s Procuracy.
5. The
Prosecutor General of the Supreme People’s Procuracy shall direct the
acceptance of offered opinions, and consider signing the circular for
promulgation.
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1. The
drafting of a circular of the State Auditor General is organized and directed
by the State Auditor General.
2. The
draft circular must be posted on the web portal of the State Audit Office of
Vietnam for at least 20 days so as for agencies, organizations and individuals
to contribute their opinions, unless otherwise prescribed by a treaty to which
the Socialist Republic of Vietnam is a signatory; in case the circular is
promulgated according to simplified sequence and procedures, the posting shall
comply with point b clause 4 Article 51 of this Law.
3.
Depending on the characteristics and contents of the draft, the State Auditor
General shall decide to send the draft circular to relevant agencies and
organizations for their opinions.
4. The
State Auditor General shall direct the acceptance of offered opinions, and
consider signing the circular for promulgation.
Article 49. Formulation and promulgation of joint
legislative documents
1.
Formulation and promulgation of a joint resolution:
a) The
agency presiding over drafting a joint resolution between the Standing
Committee of the National Assembly and the Presidium of Central Committee of Vietnamese
Fatherland Front and a joint resolution between the Standing Committee of the
National Assembly, the Government and the Presidium of Central Committee of
Vietnamese Fatherland Front is appointed by the Standing Committee of the
National Assembly; The agency presiding over drafting a joint resolution
between the Government and the Presidium of Central Committee of Vietnamese
Fatherland Front is appointed by the Government;
b) The
agency presiding over drafting shall organize the drafting;
c) While
drafting the joint resolution, the agency presiding over drafting must seek
opinions from relevant agencies, organizations and individuals;
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dd) The
draft resolution jointly promulgated by the Standing Committee of the National
Assembly must be verified by the Ethnic Minorities Council and Committees of
the National Assembly. The verification shall be carried out in accordance with
Article 37 of this Law;
e) The
agency presiding over drafting shall study offered opinions to revise the
draft;
g) The
draft shall be ratified if the agencies and organizations competent to promulgate
joint resolutions reach a consensus;
h) The
Chairman/Chairwoman of the National Assembly, the Prime Minister and the
President of the Central Committee of the Vietnamese Fatherland Front shall
sign the joint resolution together.
2.
Formulation and promulgation of a joint circular:
a)
Agencies presiding over drafting joint circulars between the Chief Justice of
the People’s Supreme Court, the Prosecutor General of the Supreme People’s
Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies
are appointed by the Chief Justice of the People’s Supreme Court, the
Prosecutor General of the Supreme People’s Procuracy, the State Auditor
General, Ministers, Heads of ministerial agencies.
b) The
agency presiding over drafting shall organize the drafting;
c) The
draft circular must be posted on the web portal of the agency presiding over
drafting for at least 20 days so as for agencies, organizations and individuals
to contribute their opinions, unless otherwise prescribed by a treaty to which
the Socialist Republic of Vietnam is a signatory; in case the joint circular is
promulgated according to simplified sequence and procedures, the posting shall
comply with point b clause 4 Article 51 of this Law.
A draft
joint circular involving the participation by the Chief Justice of the People’s
Supreme Court must be commented on by members of the Council of Justices of the
People’s Supreme Court; a draft joint circular involving the participation by
the Prosecutor General of the Supreme People’s Procuracy must be commented on
by members of the Committee of the People’s Supreme Procuracy;
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dd) The
draft shall be ratified if the persons competent to promulgate joint
resolutions reach a consensus;
e) The
Chief Justice of the People’s Supreme Court, the Prosecutor General of the
Supreme People’s Procuracy, the State Auditor General, Ministers and Heads of
ministerial agencies shall sign the joint circular together.
Chapter V
FORMULATION AND PROMULGATION OF
LEGISLATIVE DOCUMENTS ACCORDING TO SIMPLIFIED SEQUENCE AND PROCEDURES AND IN
SPECIAL CASES
Article 50. Cases of and competence in deciding formulation
and promulgation of legislative documents according to simplified sequence and
procedures
1. A
legislative document shall be formulated and promulgated according to
simplified sequence and procedures in the following cases:
a) State
of emergency according to regulations of law on state of emergency; upon sudden
or urgent request for reasons of national defense, security, national
interests, natural disaster management, disease prevention and control, fire
and explosion prevention and fighting;
b) Urgent
situations for solving practical issues;
c)
Suspension of effect of the legislative document in part or in full for the
purposes of promptly protecting the State’s interests, legitimate rights and
interests of organizations and individuals;
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dd)
Necessary adjustments to the period of application of the whole or part of the
legislative document for a certain period of time to solve urgent practical
issues;
e)
Promulgation of a document elaborating the legislative document promulgated
according to simplified sequence and procedures and in special cases
2.
Competence in deciding formulation and promulgation of legislative documents
according to simplified sequence and procedures:
a) The
Standing Committee of the National Assembly shall, on its own or at the request
of a submitting agency, decide the application of simplified sequence and
procedures to formulation and promulgation of laws and resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly;
b) The
President shall, on its own or at the request of the Government, the People’s
Supreme Court, the People’s Supreme Procuracy or another competent agency,
decide the application of simplified sequence and procedures to formulation and
promulgation of orders and decisions of the President;
c) The
Government or the Prime Minister shall, on their own or at the request of an
agency presiding over drafting, decide the application of simplified sequence
and procedures to formulation and promulgation of decrees and resolutions of
the Government and decisions of the Prime Minister;
d)
Ministers, Heads of ministerial agencies, the Council of Justices of the
Supreme People’s Court, the Chief Justice of the People’s Supreme Court, the
Prosecutor General of the Supreme People’s Procuracy, the State Auditor General
shall, on their own or at the request of an agency presiding over drafting,
decide the application of simplified sequence and procedures to formulation and
promulgation of legislative documents which they promulgate or jointly
promulgate;
dd) The
Standing Committee of a People's Council shall, at the request of a submitting
agency, decide the application of simplified sequence and procedures to
formulation and promulgation of resolutions of the People's Council; a
Chairman/Chairwoman of a People's Committee shall, at the request of an agency
presiding over drafting, decide the application of simplified sequence and
procedures to formulation and promulgation of decisions of the People's
Committee;
e) A
local government in a special administrative - economic unit shall decide the
application of simplified sequence and procedures to formulation and
promulgation of legislative documents which it promulgates.
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1. The
request for and decision on application of simplified sequence and procedures
shall be made before or during the formulation of a policy or drafting of a
legislative document.
2. When
the simplified sequence and procedures are applied to formulation of the
legislative document prescribed in clause 1 Article 27 of this Law, the
policy-making process is not required to be implemented.
3. A
written request for application of simplified sequence and procedures consists
of the following contents:
a)
Necessity of promulgation, clearly stating practical issues, predicted adverse
impacts on entities under direct impact of the document and consequences that
may arise in case of failure to promptly promulgate the legislative document
for handling;
b) Scope,
regulated entities;
c)
Expected main contents of the legislative document;
d) Bases
for application of simplified sequence and procedures as specified in clause 1
Article 50 of this Law.
4. A
legislative document shall be drafted according to simplified sequence and
procedures as follows:
a) The
agency presiding over drafting shall organize the drafting;
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5. A legislative
document shall be appraised or verified according to simplified sequence and
procedures as follows:
a) A
dossier submitted for draft appraisal includes an application form for
appraisal, draft statement; draft document; comparison of the amending, supplementing
or replacing draft with the existing law/resolution of the National Assembly,
existing ordinance/resolution of the Standing Committee of the National
Assembly; summary of accepted opinions, explanations for such opinions of
agencies, organizations and individuals (if any);
b) A
dossier submitted for verification includes a statement, draft document,
appraisal report and report on acceptance of and explanation for appraisal
opinions; comparison of the amending, supplementing or replacing draft with the
existing law/resolution of the National Assembly, existing ordinance/resolution
of the Standing Committee of the National Assembly; summary of accepted
opinions, explanations for such opinions of agencies, organizations and
individuals (if any);
c) Within
07 days from the date of receiving the bill/project dossier, the appraising
agency shall carry out appraisal and the verifying agency shall carry out
verification. For the bill/project that contains complex contents related to
multiple industries and sectors, the time limit for appraisal must not exceed
15 days from the date of receiving the dossier;
d) The
agency presiding over drafting shall study and explain appraisal and
verification opinions. In case the appraising agency concludes that the bill/project
is not qualified for submission to the Government, the agency presiding over
drafting shall accept and explain opinions, and complete the bill/project for
re-appraisal. In case the agency presiding over verification comments that the
bill/project not qualified for submission to the Standing Committee of the
National Assembly, the National Assembly shall report such to the Standing
Committee of the National Assembly so as for it to consider returning the
dossier to the submitting agency for further revision and completion.
6. A
dossier for consideration and approval of a draft legislative document
according to simplified sequence and procedures is prescribed as follows:
a) A
dossier on a bill/resolution project of the National Assembly, an ordinance
project/resolution project of the Standing Committee of the National Assembly
comprises a statement, draft, comparison of the amending, supplementing or
replacing draft with the existing law/resolution of the National Assembly,
existing ordinance/resolution of the Standing Committee of the National
Assembly, verification report, appraisal report;
b) A
dossier on a draft order/decision of the President, draft resolution of the
Council of Justices of the Supreme People’s Court, draft circular of the Chief
Justice of the People’s Supreme Court, draft circular of the Prosecutor General
of the Supreme People’s Procuracy, draft circular of the State Auditor General,
draft joint circular includes a statement, draft and other documents (if any);
c) A
dossier on a draft decree/resolution of the Government, draft decision of the
Prime Minister, draft circular of a Minister or Head of ministerial agency,
draft resolution of a People’s Council, draft decision of a People’s Committee
shall be subject to regulations of the Government.
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a) The
National Assembly shall consider and ratify its draft law or its draft
resolution at the nearest meeting according to the sequence prescribed in
Article 40 of this Law;
b) The
Standing Committee of the National Assembly shall consider and approve its
draft ordinance or draft resolution at the nearest meeting according to the
sequence prescribed in Article 42 of this Law;
c) The
President, the Prime Minister, Ministers, Heads of ministerial agencies, the
Chief Justice of the People’s Supreme Court, the Prosecutor General of the
Supreme People’s Procuracy, the State Auditor General shall consider and sign
documents within their competence;
d) The
Government, the Council of Justices of the Supreme People’s Court, People’s
Councils and People’s Committees shall consider and approve documents within
their competence.
Article 52. Formulation and promulgation of legislative
documents in special cases
1. When
consented by a Communist Party's competent agency and in the case of emergency
as prescribed by law on states of emergency or in the event of an incident or
disaster as prescribed by law on civil defense or a force majeure event or
urgent, important and necessary issues of the country, the National Assembly,
the Standing Committee of the National Assembly, the President or the
Government shall promulgate a legislative document in special cases.
2. For
any urgent, important or necessary issue of the country as specified in clause
1 of this Article, the Standing Committee of the National Assembly, the
President or the Government shall assign the agency presiding over drafting to
carry out drafting, the appraising authority to carry out appraisal and the
verifying agency to carry out verification.
3. In the
case of emergency or an incident or disaster or force majeure event as
prescribed in clause 1 of this Article, the Standing Committee of the National
Assembly, the President or the Government shall assign the agency presiding
over drafting to cooperate with the appraising agency, verifying agency,
relevant agencies and organizations in drafting a document and submitting it to
the National Assembly, the Standing Committee of the National Assembly, the
President and the Government for consideration and approval.
4. A
dossier on formulation of a legislative document in the cases specified in
clauses 2 and 3 of this Article includes a statement, draft document and other
documents (if any).
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EFFECT AND RULES FOR APPLICATION OF
LEGISLATIVE DOCUMENTS
Article 53. Effective dates of legislative documents
1. The
effective date of the whole or part of a legislative document shall be
specified in such document. Nevertheless, the effective date is not be sooner
than 45 days from the date on which it is ratified or signed if it is
promulgated by a central regulatory agency; not sooner than 10 days from the
date on which it is signed if it is promulgated by a local government.
In case a
legislative document formulated and promulgated according to simplified
sequence and procedures and in a special case may come into force from the date
on which it is ratified or signed; must be immediately posted on the electronic
Official Gazette, national legal database, web portal of the promulgating
agency and published on the mass media.
2. An
elaborating document must be promulgated so that its effective date is the same
as that of the elaborated document or that of the elaborated content.
Article 54. Spatial effect
1.
Legislative documents of competent agencies and persons at central level are
effective nationwide, unless their scope is specified or unless otherwise
prescribed by a treaty to which the Socialist Republic of Vietnam is a
signatory.
2.
Legislative documents of a People’s Council or People’s Committee of an
administrative division are effective within this administrative division. This
must be specified in such documents. If there is any change in the administrative
boundary, the spatial effect and regulated entities of legislative documents
shall be determined as follows:
a) If an
administrative division is divided into multiple new administrative divisions
of the same level, the legislative documents promulgated by the People’s
Council and the People’s Committee of the divided administrative division still
apply to the new administrative divisions until the People’s Councils and the
People’s Committees of the new administrative divisions make another decision;
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c) If
part of the geographical area of an administrative division is transferred to
another administrative division, legislative documents of the People’s Council
and the People’s Committee of the expanded administrative division shall apply
to the transferred geographical area.
Article 55. Retrospective effect of legislative documents
1. A law,
resolution of the National Assembly or legislative document of a central
agency, People’s Council or People’s Committee may have a retrospective effect
if it is strictly necessary for assurance of common interests, rights and
interests of organizations and individuals regulated by such document.
2. A
document must not have retrospective effect in the following cases:
a) The
document imposes a new legal liability upon an act which does not incur such
legal liability when it is committed;
b) The
document imposes a heavier legal liability.
3.
Legislative documents promulgated by People’s Councils of districts and
People’s Committees of districts must not have retrospective effect.
Article 56. Suspension of effect of legislative documents
1. The
effect of a legislative document shall be suspended in the following cases:
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b) If the
legislative document is suspended from implementation in full or in part, its
effect will be suspended until a decision is issued by a competent agency or
competent person.
2. The
time of suspension of effect, resumption of effect of the whole or part of a
document must be specified in a document of a competent agency or competent
person.
3. The
document whose effect is suspended must be posted on the electronic Official
Gazette and national legal database, and published on the mass media within 03
days from the date on which it is promulgated.
Article 57. Legislative documents ceasing to have effect
1. A
legislative document shall cease to have effect in full or in part in the
following cases:
a) The
document expires on the expiration date written therein;
b)
The document is amended and supplemented by or
replaced with another legislative document which is promulgated by the same
competent agency or competent person;
c) The
document is annulled as prescribed in clause 2 Article 8 of this Law.
2. If a
legislative document ceases to have effect in full or in part due to being
replaced or amended or supplemented by another legislative document, the
document elaborating such document or prescribing specific measures to organize
and provide guidance on the implementation of such document shall remain
effective provided that it does not contravene the replacing, amending or
supplementing legislative document, unless it is announced to cease to have
effect in full or in part. The document must be posted on the electronic
Official Gazette and national legal database.
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1.
Legislative documents are applicable from their effective date.
2.
Legislative documents shall apply to the acts committed and events happening at
the time such documents are effective. If a legislative document has
provisions on retrospective effect, such provisions shall apply.
3. If various
legislative documents contain different regulations on the same issue, the
document promulgated by a superior agency shall apply.
4. If
various legislative documents promulgated by the same promulgating agency
contain different regulations on the same issue, the one that is promulgated
later shall apply.
5. The
application of domestic legislative documents must not obstruct the
implementation of the treaties to which the Socialist Republic of Vietnam is a
signatory. In case a domestic legislative document other than the Constitution
and a treaty to which the Socialist Republic of Vietnam is a signatory contain
different regulations on the same issue, the treaty shall apply.
6. The
application of laws in accordance with regulations other than those specified
in clause 1 through 5 of this Article shall be regulated by the National
Assembly.
Chapter VII
ORGANIZING IMPLEMENTATION OF LEGISLATIVE
DOCUMENTS
Article 59. Contents of organization of implementation of
legislative documents and responsibility therefor
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a)
Promulgating documents elaborating, and prescribing guidelines on
implementation and specific measures for organizing the implementation of
legislative documents;
b)
Interpreting the Constitution, laws and ordinances of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly;
c)
Disseminating and providing education about legislative documents;
d)
Providing guidance on application of legislative documents; receive and handle
requests and recommendations about legislative documents; providing
professional and refresher training and professional guidelines;
dd)
Monitoring, inspecting, reviewing, consolidating, systematizing legislative
documents; codifying the system of legal norms.
2. The
implementation of legislative documents must be organized in a fair, strict,
consistent, timely and effective manner.
3.
Regulatory agencies, organizations and competent persons shall, within the ambit
of their functions, tasks and powers,
a)
Organize the implementation, monitor, preliminary and final review of the
implementation of legislative documents;
b) Report
or provide information on organization and monitoring of the implementation of
legislative documents.
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1. The
interpretation of the Constitution, laws, ordinances and resolutions must not
change the interpreted regulations and shall be made in the following cases:
a) Their
regulations are construed differently;
b) The
implementation of the documents is inconsistent.
2. The
interpretation of the Constitution, laws, ordinances and resolutions must
adhere to the following principles and criteria:
a)
Conform to the common meaning of the words used in such legislative documents;
b) Rely
on the process of formulating the contents related to the regulations to be
interpreted;
c)
Conform to the guiding viewpoints, purposes and spirit of the documents;
d) Ensure
the consistency within the legal system.
3. The
Standing Committee of the National Assembly shall, on its own or at the request
of the President, the Ethnic Minorities Council, Committees of the
National Assembly, the Government, the People’s Supreme Court, the People’s
Supreme Procuracy, the State Audit Office of Vietnam, the Central Committee of
Vietnamese Fatherland Front, central agencies of member organizations of the Vietnamese
Fatherland Front and deputies to the National Assembly, interpret the
Constitution, laws, ordinances and resolutions.
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1.
Guidance on application of legislative documents is provided in the case of
legislative documents other than the Constitution, laws and resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly.
Any
promulgating agency/person shall, at the request of an agency or on the basis
of the proposition of an organization or individual, consider and provide
guidance on application of legislative documents which they promulgate by
administrative documents. Where necessary, the Government and the Prime
Minister shall authorize Ministers, Heads of ministerial agencies in charge
certain fields or sectors; People’s Councils shall assign Standing Committees
of People's Councils of the same level to promulgate administrative documents
to provide guidance on application of the legislative documents which they
promulgate.
2. The
guidance on application of legislative documents shall be provided in the cases
and according to the principles and criteria specified in clauses 1 and 2
Article 60 of this Law and must not change the regulations on which guidance is
provided and not give rise to any new regulation. The document providing
guidance on application of a legislative document must be posted on the web
portal of the agency promulgating the guiding document.
Article 62. Supervision of legislative documents
The
supervision of legislative documents shall be carried out in accordance with
regulations of law on supervision activities of the National Assembly and
People's Councils, and other relevant laws.
Article 63. Examination and handling of legislative
documents
1. Competent in and responsible for examination of documents:
a) The Standing Committee of the National Assembly, the
President, the Presidium of Central Committee of Vietnamese Fatherland Front,
the Council of Justices of the Supreme People’s Court, the Chief Justice of the
People’s Supreme Court, the Prosecutor General of the Supreme People’s
Procuracy and the State Auditor General shall, on their own, examine the
legislative documents which they promulgate or jointly promulgate;
b) The Government and the Prime Minister shall, on their own,
examine the legislative documents which they promulgate or jointly promulgate;
the Government shall, within its competence, examine the legislative documents
of Ministers, Heads of ministerial agencies, local governments in provinces and
local governments in special administrative - economic units;
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d) Local
governments at all levels shall, on their own, examine the legislative
documents which they promulgate; superior local governments shall, within their
competence, examine the legislative documents promulgated by inferior local
governments.
2. Bases
for self-examination of legislative documents:
a)
Promulgated legislative documents;
b)
Propositions and feedback of agencies, organizations and individuals about
suspected unlawful legislative documents;
c) At the
request or under the direction of a competent agency or competent person.
3. Bases
for examination of legislative documents within competence:
a)
Legislative document examination plan;
b)
Discovery of suspected unlawful legislative documents within examination
competence;
c) Cases
specified in points b and c clause 2 of this Article.
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5. The
handling of unlawful documents through examination shall comply with
regulations of law.
Article 64. Review and systemization of the system of
legislative documents
1. The Standing Committee of the National Assembly shall
decide overall review of the system of legislative documents in view of
proposals of the Government.
2. Ministers and ministerial agencies shall review and
systemize documents promulgated or jointly promulgated by Ministers and Heads
of ministerial agencies; documents which Ministers and Heads of ministerial
agencies preside over drafting; other documents of the National Assembly and
the Standing Committee of the National Assembly which contain adjustments to
the issues under the state management of Ministries and ministerial agencies.
3. The Supreme People’s Court shall review and systemize
documents promulgated or jointly promulgated by the Council of Justices of the
Supreme People’s Court and Chief Justice of the People’s Supreme Court;
documents which the Supreme People’s Court presides over drafting; other
documents of the National Assembly and the Standing Committee of the National
Assembly which contain adjustments to the issues within the ambit of tasks and
powers of People’s Courts.
4. The People’s Supreme Procuracy shall review and systemize
documents promulgated or jointly promulgated by the Prosecutor General of the
Supreme People’s Procuracy; documents which the Supreme People’s Procuracy
presides over drafting; other documents of the National Assembly and the
Standing Committee of the National Assembly which contain adjustments to the
issues within the ambit of tasks and powers of the Supreme People’s Procuracy.
5. The State Audit Office of Vietnam shall review and
systemize documents promulgated or jointly promulgated by the State Auditor
General; documents which the State Audit Office of Vietnam presides over
drafting; other documents of the National Assembly and the Standing Committee
of the National Assembly which contain adjustments to the issues within the
ambit of tasks and powers of the State Audit Office of Vietnam.
6. The Ethnic Minorities Council, Committees of the National
Assembly and the Office of the National Assembly shall, within the ambit of
their functions and tasks, review and systemize documents of the National
Assembly and the Standing Committee of the National Assembly in the cases other
than those specified in clause 2 through 5 of this Article.
7. The Office of the President shall review and systemize
documents of the President.
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9. Documents of local governments in special administrative -
economic units shall be reviewed and systemized under the Government’s
guidance.
10. The regulatory agencies specified in clauses 2 through 8
of this Article shall decide the review of documents by topic, field or
geographic area.
11. The handling of
legislative documents through review shall comply with regulations of law.
Article 65. Consolidation of legislative documents,
codification of the system of legal norms
1.
Amending and supplementing legislative documents must be consolidated with
amended and supplemented ones.
2.
Regulatory agencies shall codify the system of legal norms under effective
legislative documents, except the Constitution, in order to create a Legal
Code.
3. The
consolidation of legislative documents and codification of the system of legal
norms shall comply with regulations set forth in ordinances of the Standing
Committee of the National Assembly.
Article 66. National legal database and application of
digital technology, digital transformation
1. The
national legal database contains full text of legislative documents specified
in Article 4 of this Law and other documents as prescribed by the Government;
enables access to data serving the formulation and organization of
implementation of laws.
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The
Standing Committee of the National Assembly and the Government shall stipulate
the application of digital technology and digital transformation to the
formulation, promulgation and organization of implementation of legislative
documents within their competence.
Chapter VIII
RESPONSIBILITIES AND RESOURCES FOR
FORMULATING, PROMULGATING AND ORGANIZING IMPLEMENTATION OF LEGISLATIVE
DOCUMENTS
Article 67. Responsibility for seeking opinions of the
Communist Party's competent agencies
Agencies,
organizations and persons having competence in law formulation shall make
reports to and seek opinions of competent agencies in accordance with the
Communist Party’s regulations.
Article 68. Responsibilities of competent agencies,
organizations and persons for formulating, promulgating and organizing
implementation of legislative documents
1. The Standing
Committee of the National Assembly shall prescribe the provision of assistance
for deputies to the National Assembly in formulation and promulgation of laws
and resolutions of the National Assembly, ordinances and resolutions of the
Standing Committee of the National Assembly submitted by deputies to the
National Assembly.
2. Each
policy proposing agency, agency presiding over drafting, appraising agency,
verifying agency or agency assigned to advise policies is entitled to hire
experts, conduct survey, organize investigations, field surveys, conferences
and seminars, and assess impacts of policies in order to support and improve
the quality of policy making, consultation, drafting, appraisal, and
verification.
3.
Agencies, organizations and persons competent to submit projects and drafts of
legislative documents shall take responsibility for the progress in submitting
and quality of projects and drafts of documents which they submit.
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5.
Agencies, organizations and individuals that are requested to engage in policy
consultations and give opinions about policies and draft of legislative
documents shall take responsibility for subject matters of the policy
consultations and opinions, and deadline for giving opinions.
6.
Appraising agencies and verifying agencies shall take responsibility to
promulgating agencies/persons for the appraisal and verification results.
7.
Agencies/persons competent to promulgate legislative documents shall take
responsibility for the quality of the documents they promulgate.
8.
Agencies and persons competent to promulgate elaborating documents shall take
responsibility for the progress and quality of the documents assigned.
9.
Agencies and persons competent to promulgate legislative documents shall take
responsibility for the promulgation of unlawful legislative documents.
10. Heads
of agencies and organizations shall:
a) Take
direct responsibility for directing and organizing the implementation of
regulations of the Communist Party and laws of the State in formulation,
promulgation and organization of implementation of legislative documents;
b) Take
direct responsibility for the submission or promulgation of legislative
documents within their power behind schedule and in an unlawful manner; for the
corruption, misconduct, interests of a particular group or sectional interests
in law formulation by persons whom they directly manage and to which they
directly assign tasks;
c) Take
joint responsibility in case they assign their deputies to be directly in
charge of law formulation;
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11.
Depending on nature and severity of the violations, agencies, organizations, heads
and officials shall be held accountable or considered for exclusion, exemption
or reduction of responsibility according to regulations of the Communist Party
and regulations of law for acts of violations, corruption, misconduct,
interests of a particular group or sectional interests in law formulation at
agencies and organizations and within the scope of work under their direct
management and charge.
12. Apart
from the responsibilities specified in clause 3 through 11 of this Article,
agencies, organizations, heads and officials shall also be held accountable for
the formulation of laws in accordance with other relevant regulations.
Article 69. Human resources for law formulation
1. The
State provides special mechanisms and policies for attracting and retaining
cadres, officials and high quality human resources to perform the law
formulation work.
2. The
State allocates its budget for training, refresher training and improvement of
capacity for persons formulating laws and organizing implementation of laws;
hiring of consultants, study and assessment of impacts of policies.
Article 70. Infrastructure and funding for formulating,
promulgating and organizing implementation of legislative documents
1. The
State provides and prioritizes resources for investment in infrastructure,
modernization of technical infrastructure, working equipment, application of
digital technology, digital transformation, and artificial intelligence to
serve policy research, formulation and promulgation of legislative documents.
2. The
State establishes specific mechanism for allocating, managing, and using
funding for the formulation and promulgation of legislative documents,
gradually drafting legislative documents in a centralized and professional
manner to fully, promptly, and effectively facilitate all legislative document
formulation and promulgation activities.
3.
Funding for formulating and promulgating legislative documents shall be
provided according to the specific mechanism prescribed by the National
Assembly
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5. Apart
from the funding covered by the state budget, competent agencies, organizations
and persons shall perform the tasks of formulating, promulgating and organizing
the implementation of legislative documents covered by other legal sources of
funding as prescribed by law.
6.
Agencies, organizations and individuals are encouraged to provide infrastructure
and financial support for regulatory agencies in formulation, promulgation and
organization of implementation of legislative documents.
Chapter IX
IMPLEMENTATION CLAUSE
Article 71. Effect
1. This
Law comes into force from April 01, 2025, except for the case specified in
clause 2 of this Article.
2. The
adjustment to the 2025 law and ordinance formulation program shall be made as
per this Law from the date on which this Law is ratified.
3. The
Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the
Law No. 63/2020/QH14 shall cease to have effect from the effective date of this
Law, except for the cases prescribed in clause 4 of this Article, point a
clause 1 and clause 2 Article 72 of this Law.
4. Clause
1 Article 46 of Law on Promulgation of Legislative Documents No. 80/2015/QH13
amended by the Law No. 63/2020/QH14 shall cease to have effect from the date on
which this Law is ratified.
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Article 72. Transitional clauses
1. The
implementation of the 2025 law and ordinance formulation program shall be
subject to the following regulations:
a) Any
bill or resolution project already included in the 2025 law and ordinance
formulation program before the effective date of this Law shall be drafted,
submitted, considered, commented and ratified as prescribed by the Law on
Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No.
63/2020/QH14;
b) Any
bill/resolution project of the National Assembly, ordinance project/resolution
project of the Standing Committee of the National Assembly added to the 2025
law and ordinance formulation program (the 2025 legislative program) from the
date on which this Law is ratified shall be formulated and promulgated as per
this Law.
2. Any
draft legislative document other than a law/resolution of the National
Assembly, ordinance /resolution of the Standing Committee of the National
Assembly which is appraised or submitted to a competent authority before the
effective date of this Law shall continue to be implemented according to the
sequence and procedures prescribed by the Law on Promulgation of Legislative
Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14.
3. Any
State Auditor General’s decision promulgated before the effective date of this
Law shall remain effective until it is annulled or replaced by another
legislative document or is annulled by another document of a competent agency
or competent person.
Any
resolution of the People’s Council or decision of the People’s Committee of a
commune promulgated before the effective date of this Law shall remain
effective until it is annulled by another document or annulled by another
document of a competent agency or competent person.
This
Law was ratified by the 15th National Assembly of Socialist
Republic of Vietnam on this 19h of February 2025 during its 9th extraordinary
session.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Tran Thanh Man