Nghị quyết 50/2022/QH15 Chương trình xây dựng luật pháp lệnh 2023

RESOLUTION

PROGRAM ON FORMULATION OF LAWS AND ORDINANCES OF 2023 AND MODIFICATION OF THE PROGRAM ON FORMULATION OF LAWS AND ORDINANCES OF 2022

NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on National Assembly Organization No. 57/2014/QH13 in which several Articles are amended and supplemented by the Law No. 65/2020/QH14;

Pursuant to the Law on Promulgation of Legal Normative Documents No. 80/2015/QH13 of which several Articles are amended and supplemented by the Law No. 63/2020/QH14;

In the light of the Statement No. 223/TTr-UBTVQH15 dated May 20, 2022 of the National Assembly’s Standing Committee regarding the proposal of the Program on Formulation of Laws and Ordinances of 2023 and Modification of the Program on Formulation of Laws and Ordinances of 2022, and the Report No. 242/BC-UBTVQH15 dated June 10, 2022 of the National Assembly’s Standing Committee that deals with presentation of answers to questions, assimilation of comments on and revision of the draft Resolution on the Program on Formulation of Laws and Ordinances of 2023, and Modification of Program on Formulation of Laws and Ordinances of 2022;

HEREIN RESOLVES

...

...

...

The National Assembly assents to the review of context and performance of the Legislation Program in 2021 and early in 2022 as described in the Statement of the National Assembly's Standing Committee.

2021 emerged as the year of various important events of the country, the year of transition of the tenure of the National Assembly, the Government, central and local regulatory authorities. COVID-19 continues to develop complicatedly, seriously affecting the activities of agencies, businesses, all facets of society and people's lives. In such context, the National Assembly, the National Assembly’s Standing Committee, the Government, relevant agencies and organizations have made efforts to overcome difficulties, raise the sense of responsibility, flexibly innovate new working regime, drastically implement legislative tasks and duties to satisfy and surpass the Program’s expectations. There have been a lot of more substantial and effective improvements to the legislation work, ensuring closer and more proactive coordination in a spirit of implementing prompt and early actions, contributing to speeding up and improving efficiency in promulgation of laws, ordinances and resolutions; promptly institutionalizing the Resolution of the 13^th Party Congress; addressing issues and difficulties; meeting the practical requirements. Formulation and implementation of the Project on Orientation towards implementation of the Legislation Program during the 15^th tenure of the National Assembly (hereinafter referred to as the Orientation Project) have been expedited with promoted achievements at first sight. The National Assembly has promptly passed important and urgent laws, resolutions and regulatory decisions, ensuring the legal basis for the Government to implement effective measures to prevent, control COVID-19 effectively and protect the people's health and life; ensuring social security; mobilizing resources for socio-economic recovery and development; eliminating bottlenecks and obstacles in terms of regulatory institutions and practices as a way to generating motivation for our country’s ongoing growth. However, there are still issues and problems arising in the process of formulation and implementation of laws and ordinances against which actions are required in order to further improve the efficiency in legislation work in the coming time.

Article 2. Modification of the Program on formulation of laws and ordinances of 2022

1. Change the name of the Project on Formulation of the Law on Implementation of Democracy in communes, wards and townships to the name of the Project on the Law on Implementation of Democracy at grassroots level.

2. Reschedule submission of the Project on Promulgation of the Land Law (amended) for comments at the 4^th (October 2022) and 5^th (May 2023) meeting session, instead of the 3^rd meeting session (May 2022), and for ratification at the 6^th (October 2023) meeting session.

3. Add the Project on Formulation of the Law on Anti-Money Laundering (amended) to the Program on Formulation of Laws and Ordinances of 2022 for submission to the National Assembly for comments and ratification on the agenda of the 4^th (October 2022) meeting session.

4. Add the following legislation projects to the Program on Formulation of Laws and Ordinances of 2022 for submission to the National Assembly for its comments at the 4^th (May 2022) meeting session:

a) Law on Bidding (amended);

b) Law on Pricing (amended);

...

...

...

d) Law on Cooperatives (amended);

dd) Law on Civil Defence.

Article 3. Program on formulation of laws and ordinances of 2023

1. 5^th meeting session (held in May 2023):

a) Submission of 06 laws and 01 resolution for the National Assembly’s ratification:

1. Law on Protection of Consumers’ Rights (amended);

2. Law on Bidding (amended);

3. Law on Pricing (amended);

4. Law on Electronic Transactions (amended);

...

...

...

6. Law on Civil Defence;

7. Resolution on the Program on Formulation of Laws and Ordinances of 2024 and modification of the Program on Formulation of Laws and Ordinances of 2023.

b) Submission of 06 draft laws for the National Assembly’s comments:

1. Law on Land (amended) (second time);

2. Law on Real Property Business (amended);

3. Law on Housing (amended);

4. Law on Water Resource (amended);

5. Law on Telecommunication (amended);

6. Law on Management and Protection of National Defence Structures and Military Areas.

...

...

...

a) Submission of 06 laws for the National Assembly’s ratification:

1. Law on Land (amended);

2. Law on Real Property Business (amended);

3. Law on Housing (amended);

4. Law on Water Resource (amended);

5. Law on Telecommunication (amended);

6. Law on Management and Protection of National Defence Structures and Military Zones.

b) Submission of 02 draft laws for the National Assembly’s comments:

1. Law on Social Insurance (amended);

...

...

...

Article 4. Implementation

1. Agencies, organizations and individuals shall raise the sense of responsibility, tighten rules and disciplines for the legislation work; shall ensure strict compliance with the Program on Formulation of Laws and Ordinances (hereinafter referred to as the Program); shall not propose the addition of the project to the Legislation Program immediately before the National Assembly’s session, except if such addition is really necessary and urgent, or it is necessary to promptly implement the guidelines and policies of the Party, conclusions and directions of the Politburo and the Secretariat; shall thoroughly control the situation in which dossiers on legislation projects and draft legislation are submitted after the prescribed submission deadline or inadequate.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy, the State Audit and relevant agencies and organizations shall focus on directing the implementation of legislative tasks assigned in the Orientation Project, the Resolution No. 43/2022/QH15 on fiscal and monetary policies aimed at supporting the Program on socio-economic recovery and development. After completion of the review and study process, if amendments, supplements to existing laws, ordinances or resolutions, or promulgation of new ones, are required, it is urgent to prepare the dossier of proposal for formulation of laws, ordinances or resolutions which must be adequate for submission to the National Assembly, the National Assembly’s Standing Committee for consideration of inclusion of such proposal in the Program, ensuring adherence to the order of priority in terms of urgency in promulgation thereof, feasibility of the Program, and harmony between the Program’s activities and workload of the National Assembly or the National Assembly’s agencies; it is determined that all of legislation tasks specified in the Orientation Project are completed on schedule and in an efficient manner.

3. Agencies or organizations tasked with making proposals and leading the drafting of laws and ordinances shall more strictly and substantially conduct the review of implementation of the executive work; carefully examine resources needed for implementation thereof; conduct surveys on opinions from agencies, entities, persons and subjects thereof in a substantial and effective manner. The drafted laws and ordinances must conform to strict quality requirements, be firmly attached to, promptly institutionalize the Party's guidelines and lines, and meet practical requirements; the built-in regulations of drafted laws and ordinances must be consistent, viable, highly normative and fully comply with the principles of formulation and promulgation of legal normative documents; proposed regulations to be included in drafted laws must deal with issues that are urgent, compelling, practically-proven and on which strong consensus is reached; if any issue that is urgent and needed to take immediate actions is a new one on which strong consensus has not been reached, pilot implementation of drafted laws or ordinances on such issue may be proposed.

4. The Ministry of Justice shall further promote its role in appraising, advising and assisting the Government in formulating proposal of the annual Programs, strictly controlling dossiers of proposal for the formulation of laws, ordinances and resolutions to ensure that they reach quality standards and are adequate in accordance with regulations; continue to be good at performing the task of the lead agency helping the Government monitor, inspect and encourage the implementation of the Orientation Program and Project, and make performance reports.

5. The Government shall continue to spend adequate time on carefully considering and discussing drafted laws and ordinances submitted to the National Assembly and the National Assembly’s Standing Committee; direct, encourage and inspect the implementation of the Orientation Program or Project and the performance of tasks assigned by the agency assigned to preside over the drafting of laws and ordinances to ensure conformance to quality and progress standards, and consider this as one of the indicators used for assessment of performance of the heads of the agencies or units.

6. The Council for Ethnic Minorities and Committees of the National Assembly continue to strengthen their capacity, raise the sense of responsibility and promote democracy in the legislative work; proactively build earlier and closer cooperation with lead and other agencies and organizations; innovate the new method of consultation, survey or collection of opinions to improve the efficiency and constructive criticism in verifying and revising projects on formulation of laws, ordinances and draft resolutions; monitor and encourage agencies and organizations to implement legislative tasks assigned in the Orientation Project; proactively cooperate with agencies and organizations assigned to take charge of reviewing laws, ordinances and resolutions under their respective jurisdiction in order to promptly detect defects, discrepancies or overlaps; propose amendments or supplements, or issue new relevant regulations; strengthen supervision of legal normative documents and the enforcement of laws, ordinances and resolutions.

7. The General Secretary of the National Assembly shall be in charge of promptly synthesizing opinions of the delegates to the National Assembly that are obtained from group discussions about projects on formulation of laws and drafting of resolutions; take effective measures to encourage agencies to ensure that written documents are sent to the delegates to the National Assembly on time as prescribed in law. The submitting agency and the agency in charge of the drafting should urgently consider assimilating, explaining and clarifying concerns of the delegates to the National Assembly to serve the debate to take place at the Hall.

The Institute for Legislative Studies shall promote its role as an agency specialized in regulatory policy research, consultancy and legislative information or communication, effectively assisting the National Assembly, the National Assembly’s Standing Committee, the Council for Ethnic Minorities, and other National Assembly’s Committees, bodies under the National Assembly’s Standing Committee and delegates to the National Assembly; shall actively participate in the legislation work, closely cooperate with the Council for Ethnic Minorities, the National Assembly’s Committees and bodies under the National Assembly’s Standing Committee in all stages of the legislative process.

...

...

...

9. Agencies and organizations in charge of drafting, revising and finalizing projects on formulation and promulgation of laws, ordinances and draft resolutions shall proactively cooperate on, communicate, assimilate and give full explanations about contributed opinions in order to uphold and improve the efficiency in social participation of the Vietnam Fatherland Front in the legislation work; increase the value of the opinions of the Vietnam Federation of Trade and Industry, especially for projects on formulation and promulgation of laws, ordinances and drafted resolutions in the fields of economy, investment, commerce and other legislation on enterprises.

10. The National Assembly's Standing Committee, the Government, other relevant agencies, organizations and individuals shall closely cooperate on the effective implementation of this Resolution. In the course of implementation thereof, in order to promptly deal with issues arising in the actual circumstances, after considering the requests of the Government and other relevant agencies and organizations, the National Assembly’s Standing Committee shall issue its decision on the revision of the Program on Formulation of Laws and Ordinances in accordance with regulations of the Law on Issuance of Legal Normative Documents and submit it to the National Assembly in the coming session.

This Resolution is passed in the 3^rd plenum of the 15^th National Assembly of the Socialist Republic of Vietnam on June 13, 2022.

CHAIRMAN




Vuong Dinh Hue