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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom - Happiness
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No.08/2005/CT-TTg
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Hanoi, April
04, 2005
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DIRECTIVE
ON SPEEDING UP
THE COMPILATION AND RAISING THE QUALITY OF DRAFT LAWS AND ORDINANCES IN 2005 IN
SERVICE OF WTO NEGOTIATION AND ACCESSION
International economic integration and accession
to the World Trade Organization (WTO) constitute a major policy of our Party
and State. In order to further facilitate the process of international economic
integration in general and WTO negotiation and accession in particular and to
show Vietnam's determination to soon join WTO, on March 2, 2005, the Government
adopted the undertaking of speeding up the compilation and raising the quality
of draft laws and ordinances in 2005 in service of WTO negotiation and
accession. In furtherance of this policy, the Prime Minister hereby instructs:
1. The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies assigned
to assume the prime responsibility for the compilation work and the heads of
drafting boards shall have to directly instruct, arrange highly qualified
officials and funds, time and ensure other necessary conditions for the
compilation thereof, so as to ensure that draft laws and ordinances defined in
the Appendix to this Directive are completed as scheduled with high quality.
a) The Ministry of Planning and Investment shall
have to ensure the compilation quality and submit the Investment Bill and the
Enterprise Bill to the Government for consideration in June 2005 for further
submission to the National Assembly for comments at the beginning and passage
at the end of the National Assemblys 8th session.
b) The Ministry of Finance and the Government
Inspectorate shall have to immediately study the amendments and supplements to
the Bill Amending and Supplementing a Number of Articles of the Value Added Tax
Law, the Bill Amending and Supplementing a Number of Articles of the Special
Consumption Tax Law and the Bill Amending and Supplementing a Number of
Articles of the Law on Complaints and Denunciations, so as to ensure their
consistency with commitments upon WTO accession and submit them to the
Government for consideration in July 2005 for further submission to th
session.
c) The State Bank of Vietnam and the Ministry of
Science and Technology shall have to urgently elaborate and submit the draft
Ordinance on Foreign Exchanges and the draft Ordinance on Standardization to
the Government in July 2005 respectively for further submission to the National
Assembly Standing Committee for consideration and adoption in September 2005
(for the draft Ordinance on Standardization) and October 2005 (for the draft
Ordinance on Foreign Exchanges).
d) The Ministry of Justice shall have to submit
the draft Judgment Execution Code and the Bill on Lawyers to the Government in
the third quarter of 2005 for subsequent submission to the National Assembly
for comments at its 8th session.
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3. The Ministry of Trade shall have to regularly
and promptly notify the ministries and branches in charge of the compilation of
requirements of the WTO as well as negotiating partners; to coordinate with the
Ministry of Justice as well as ministries and branches in charge of the
compilation so as to ensure the consistency between the contents of draft laws
and ordinances and the regulations on obligations of WTO's members.
4. The ministries and branches in charge of the
compilation shall have to translate draft laws and ordinances into English and
file the translations to the Office of the National Committee for International
Economic Cooperation for sending to the WTO at the request of negotiating
partners. The Office of the National Committee for International Economic
Cooperation shall have to coordinate with the Ministry of Foreign Affairs and
the Ministry of Trade in guaranteeing the quality of the translations supplied
to the WTO.
5. In parallel with the compilation of draft
laws and ordinances, the ministries and branches in charge of the compilation
and the drafting boards shall have to draft documents detailing the
implementation thereof for submission to competent agencies for promulgation so
as to ensure that laws and ordinances shall be implemented fully and in time
after they are adopted by the National Assembly or the National Assembly
Standing Committee.
6. Legal documents issued by ministries,
branches or local authorities at various levels according to their respective
competence must be consistent with the regulations on obligations of WTO's
members and Vietnam's
commitments to WTO. The heads of the ministries, branches and local authorities
at various levels shall, according to their functions, enhance the inspection
of discipline in promulgation of legal documents, ensuring the observance of
law provisions on the promulgation of legal documents and the publication
thereof in the Cong Bao; not to issue documents with legal contents in the
forms of an official dispatch or a notice.
7. The Ministry of Justice shall assume the
prime responsibility for, and coordinate with the Ministry of Trade, the
Government Office and concerned ministries and branches in, promptly studying,
proposing and taking initiative in compiling draft laws and ordinances in the
form of a document amending and supplementing a number of provisions of many
current laws and ordinances upon the appearance of demands for amendment and
supplementation of laws and ordinances outside the list stated in the Appendix
to this Directive.
8. The Government Office shall have to supervise
and urge the ministries and branches in charge of the compilation so as to
ensure the tempo prescribed in the Appendix to this Directive and regularly
report thereon to the Prime Minister. The Law-Making Committee -the Government
Office shall coordinate with the ministries and branches in charge of the
compilation, the drafting boards and the Ministry of Justice so as to ensure
the compilation quality and timely suggest methods for handling arising issues
for reporting thereon to the Government or the Prime Minister for consideration
and decision.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
implement this Directive.
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APPENDIX
LIST OF DRAFT
LAWS AND ORDINANCES TO BE DRAFTED AND SUBMITTED IN 2005 IN SERVICE OF WTO
NEGOTIATION AND (Issued together with the Prime Ministers Directive No. 08/2005/CT-TTg dated
April 4, 2005)
Ordinal
number
Documents
Agencies in charge of drafting
Time of reporting to the Government
Expected to
be passed by the National Assembly, the NA Standing Committee
1
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The Ministry of Foreign Affairs
Already submitted
7th
session (May 2005)
2
The Commercial Law (amended)
The Ministry of Trade
Already submitted
7th session
(May 2005)
3
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The State Audit
Already submitted
7th
session (May 2005)
4
The Vietnam Maritime Code (amended)
The Ministry of Transport
Already submitted
7th
session (May 2005)
5
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The Ministry of Transport
Already submitted
7th
session (May 2005)
6
The Law Amending and Supplementing a Number of
Articles of the Education Law
The Ministry of Education
Already submitted
7th
session (May 2005)
7
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The Ministry of Health
Already submitted
7th
session (May 2005)
8
The Law Amending and Supplementing a Number of
Articles of the Customs Law
The Ministry of Finance
Already submitted
7th
session (May 2005)
9
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The Ministry of Justice
Already submitted
7th
session (May 2005)
10
The Investment Law
The Ministry of Planning and Investment
June 2005
8th
session (October 2005)
11
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The Ministry of Transport
April 2005
8th
session (October 2005)
12
The Tourism Law
The General Administration of Tourism
Already submitted
8th
session (October 2005)
13
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The Ministry of Finance
Already submitted
8th
session (October 2005)
14
The Law on Intellectual Property
The Ministry of Science and Technology
Already submitted
8th session
(October 2005)
15
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The Ministry of Justice
September 2005
To be commented
at the 8th session (October 2005)
16
The Enterprise
Law
The Ministry of Planning and Investment
June 2005
8th session
(October 2005)
17
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The Ministry of Finance
July 2005
8th
session (October 2005)
18
The Law Amending and Supplementing a Number of
Articles of the Law on Complaints and Denunciations
The Government Inspectorate
July 2005
8th
session (October 2005)
19
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The Ministry of Justice
August 2005
To be commented
at the 8th session (October 2005)
20
The Ordinance on Foreign Exchanges
The State Bank of Vietnam
July 2005
To be submitted
to the NA Standing Committee for adoption in October 2005
21
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The Ministry of Planning and Investment
Already submitted
To be submitted
to the NA Standing Committee for adoption in May 2005
22
The Ordinance on Standardization
The Ministry of Science and Technology
July 2005
To be submitted
to the NA Standing Committee for adoption in September 2005