Vietnam law has regulations on drafting laws, ordinances, and resolutions. Let’s find out this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask who are in charge of drafting laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly in Vietnam? What is the Composition of Drafting Board? Thanks for your advice!”
Legal grounds
- 2015 Vietnam Law on Promulgation of legislative documents
Establishment of Drafting Board and appointment of agencies in charge of drafting laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly
– Standing Committee of the National Assembly shall establish a Drafting Board and appoint an agency in charge of drafting (hereinafter referred to as drafting agency) in the following cases:
+ The law/ordinance project or draft resolution involves multiple fiends and sectors;
+ The law project or draft resolution is submitted by Standing Committee of the National Assembly;
+ The law/ordinance project or draft resolution is submitted by a deputy of the National Assembly, the Drafting Board composition is decided by Standing Committee of the National Assembly at the request of the deputy of the National Assembly.
– If the law/ordinance project or draft resolution is submitted by the Government, the Prime Minister shall appoint a Ministry or ministerial agency as the drafting agency which will establish a Drafting Board, except for the case in Point a Clause 1 of this Article.
– If the law/ordinance project or draft resolution is submitted by another agency or organization, such agency or organization shall establish a Drafting Board and take charge of the drafting, except for the case in Point a Clause 1 of this Article.
Regulations on Composition of Drafting Board
– The chief of the Drafting Board is the head of the drafting agency; other members are representatives of the drafting agency, relevant agencies, experts, and scientists. The Drafting Board of a law/ordinance project or draft resolution submitted by the Government must have members being representatives of the Ministry of Justice and Government Office. A Drafting Board must have at least 9 people.
– Members of the Drafting Board who are experts and scientists must be conversant with the technical issues of the project or draft, and is able to participate in every activity of the Drafting Board.
Duties of Drafting Board, chief and members of Drafting Board
– The Drafting Board shall organize the drafting and take responsibility to the drafting agency for the quality, punctuality of drafting the law/ordinance project or draft resolution to the.
– Duties of the Drafting Board:
+ Consider approving detailed outline of the draft law, ordinance, or resolution;
+ Discuss contents of the draft document, report, description, revision report from other organizations and individuals;
+ Ensure that regulations of the draft is conformable with policies of Communist Party; ensure the constitutionality, legitimacy, and consistency of the draft document with the legal system; ensure the feasibility of the document.
– Duties of chief of the Drafting Board:
+ Establish an editor team which assists the Drafting Board; direct the editor team to edit and revise the draft document;
+ Hold meetings and organize other activities of the Drafting Board;
+ Give specific tasks to members of the Drafting Board.
– Members of the Drafting Board must attend every meeting of the Drafting Board, take responsibility for the quality, constitutionality, legitimacy, uniformity, and feasibility of the assigned contents in the draft document, the punctuality of the draft document formulation. Any member who cannot attend a meeting because of some objective reason must offer his/her opinions in writing.
Duties of the drafting agency
– Organize the formulation of the law/ordinance project or draft resolution according to the purposes, requirements, scope, and policies provided in the application for law/ordinance formulation; take responsibility for the quality, punctuality of the drafting of the law/ordinance project or draft resolution to the agency or organization that submits the project or draft document (hereinafter referred to as submitting agency)
– Prepare the draft, description, and documents related to the project or draft document.
– Seek opinions about the project or draft document from relevant agencies, organizations, and individuals; post the project or draft document on the information portal prescribed in Point a Clause 1 Article 36 of Vietnam Law on Promulgation of legislative documents and that of the drafting agency; receive, consider, explain, aggregate opinions; post the explanatory report and the revised draft document on the information portal prescribed in Point a Clause 1 Article 36 of Vietnam Law on Promulgation of legislative documents and that of the drafting agency.
– Receive and consider appraisal opinions or opinions of the Government about the project or draft document which is not submitted by the Government.
– Prepare explanation for new policies to be added to the project or draft document in order to submit them to a competent organization or deputy of the National Assembly for consideration.
– Anticipate the content of the draft law, ordinance, or resolution; submit a drafting agency which elaborate certain articles, clauses, paragraphs of the draft law, ordinance, or resolution
– If the project or draft document is submitted by Standing Committee of the National Assembly or by a deputy of the National Assembly, the drafting agency appointed by Standing Committee of the National Assembly or the deputy of the National Assembly must report the drafting progress to Standing Committee of the National Assembly.
If the project or draft document is submitted by the Government, the Ministry or ministerial agency appointed as the drafting agency shall report the drafting progress to the Ministry of Justice for reporting to the Government.
While receiving opinions and revising the draft law, ordinance, or resolution, if there are major changes to ratified policies, the drafting Ministry or ministerial agency must promptly send a report to the Government or the Prime Minister for consideration.
Duties of agency, organization, or deputy of the National Assembly who submits the law/ordinance project or draft resolution
– The agency, organization, or deputy of the National Assembly who submits the law/ordinance project or draft resolution (hereinafter referred to as submitting entity) has the following duties:
+ Direct the drafting agency during the drafting process.
If the project or draft document is prepared by the deputy of the National Assembly himself/herself, he/she may request the Office of the National Assembly, Office of National Assembly Delegation, Legislative Research Institute, and relevant organizations to support during the drafting process;
+ Consider submitting the project or draft document to the National Assembly or Standing Committee of the National Assembly; if the submission of the project or draft document has to be delayed, an explanation must be sent to Standing Committee of the National Assembly for consideration.
– If the law/ordinance project or draft resolution is not submitted by the Government, the submitting entity must send a dossier on the project or draft document to the Government for opinions at least 40 days before the first meeting date of Standing Committee of the National Assembly.
Seeking opinions about law/ordinance project or draft resolution
– During the drafting process, the agency or deputy of the National Assembly in charge of drafting musk seek opinions from the entities under the direct impact of the document and relevant organizations; specify the issues that need opinions and address for receipt of opinions; post the entire draft document and description on the information portal of the drafting agency mentioned in Point a Clause 1 Article 36 of Vietnam Law on Promulgation of legislative documents for at least 60 days in order to receive opinions, except for those promulgated under simplified procedures. If the drafting agency revises the draft document while it is open for comments, the revised one must be posted.
In case of seeking opinions in writing, the enquired organizations must give written responses within 20 days from the receipt of the request.
– Apart from posting the draft document as prescribed in Clause 1 of this Article, opinions may be obtained by asking directly, sending the draft document, holding discussions, or using the media.
– The drafting agency shall receive, consider the opinions, publish the explanation and feedbacks on the information portal of the Government and of themselves.
– If the project or draft document is prepared by a deputy of the National Assembly the Office of the National Assembly, Office of National Assembly Delegation, Legislative Research Institute shall conduct the enquiry as prescribed in this Article.
Appraising law/ordinance project or draft resolution submitted by the Government
– The Ministry of Justice shall appraise the law/ordinance project or draft resolution before it is submitted to the Government.
If the project or draft document prepared by the Ministry of Justice is complicated and involves various fields or sectors, the Minister of Justice shall establish an appraisal council which consists of representatives of relevant organizations, experts, and scientists.
– Documents sent to the appraising agency include:
+ A description of the project or draft document to the Government;
+ The draft document;
+ An assessment of administrative procedures in the project or draft document (if any);
+ Report on integration of gender equality in the project or draft document (if any);
+ A report on receipt of opinions; photocopies of enquiry sheets sent by Ministries and ministerial agencies;
+ Other documents (if any).
The documents mentioned in Point a and Point b of this Clause shall be sent in writing, other documents may be sent electronically.
– The appraisal shall focus on:
+ The conformity of the draft document with purposes, requirements, scope, and proposed policies in the request for law/ordinance formulation which was approved;
+ The constitutionality, legitimacy, and consistency of the draft document with regard to the legal system; the compatibility of the draft document with relevant international agreements to which Socialist Republic of Vietnam is a signatory;
+ Necessity, reasonability, and costs of administrative procedures (if any) in the draft document;
+ Necessary human resources and financial resources to ensure implementation of the legislative document;
+ Integration of gender equality in the draft document (if any);
+ Language, format, and drafting process of the document.
If necessary, the appraising agency shall request the drafting agency to report the issues related to the project or draft document.
– The appraisal report must contain opinions of the appraising agency about the issues mentioned in Clause 3 of this Article and whether or not the project or draft document is satisfactory enough to be submitted to the Government. If the Ministry of Justice concludes that the project or draft document is not satisfactory enough, documents shall be returned to the drafting agency to keep revising and completing the project or draft document.
The appraisal report must be sent to the drafting agency within 20 days from the day on which the application for appraisal is received.
– The drafting agency must receive and consider opinions provided by the appraising agency to revise and complete the project or draft document, send a report together with the revised draft document to the appraising agency when submitting the law/ordinance project or draft resolution to the Government.
Documents about law/ordinance project and draft resolution submitted to the Government
– A description of the project or draft document to the Government.
– The draft document.
– Report on appraisal and receipt of opinions from the appraising agency.
– Assessment of administrative procedures in the project or draft document (if any).
– Report on integration of gender equality in the project or draft document (if any).
– Report on receipt and explanation of opinions.
– Other documents (if any).
The documents mentioned in Clauses 1, 2, and 3 of this Article may be sent in writing; other documents may be sent electronically.
Revising, completing law/ordinance project and draft resolution before being submitted to the Government
If there are conflicting opinions between Ministries and ministerial agencies about the project or draft document, the Ministers and Chief of Office of the Government shall convene a meeting with representatives of the drafting agency, the Ministry of Justice, relevant Ministries and ministerial agencies in order to reach a consensus before submitting the project or draft document to the Government for consideration. Based on the opinions given at the meeting, the drafting agency shall cooperate with relevant agencies in revising and completing the project or draft document in order to be submitted to the Government.
The Government considering submission of law/ordinance project and draft resolution
– The Government shall consider, discuss, and cast votes on proposal of the project or draft document at the meeting of the Government in the following order:
+ The representative of the drafting agency presents the project or draft document, explanation and receipt of opinions from the appraising agency;
+ The representative of the appraising agency talks about receipt of opinions from the appraising agency by the drafting agency;
+ The representative of Office of the Government presents issues of the project or draft document that raise dissenting opinions;
+ The Government discusses;
+ The Government cast votes on proposal of the project or draft document.
– If the Government does not approve the proposal of project or draft document, the Prime Minister shall impose a deadline for reconsidering the project or draft document.
The Government giving opinions about law/ordinance projects and draft resolutions not submitted by the Government
– With regard to the law/ordinance projects and draft resolutions not submitted by the Government, Standing Committee of the National Assembly, the submitting entity must send the following documents to the Government for opinions before they are submitted to the National Assembly:
+ A description of the project or draft document submitted to the National Assembly and Standing Committee of the National Assembly;
+ The draft document;
+ Report on receipt and explanation of opinions; photocopy of enquiry sheets;
+ Other documents (if any).
The documents mentioned in Point a and Point b of this Clause shall be sent in writing, other documents may be sent electronically.
– The Government shall give written responses within 20 days from the receipt of the documents and clearly state that whether or not the project or draft document is satisfactory enough to be submitted to the National Assembly or Standing Committee of the National Assembly.
– The Ministries and ministerial agencies appointed by the Prime Minister shall offer their opinions and cooperate with the Ministry of Justice in anticipating the issues that need opinions, then submit them to the Government for consideration.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
Standing Committee of the National Assembly shall establish a Drafting Board and appoint an agency in charge of drafting
Standing Committee of the National Assembly shall establish a Drafting Board and appoint an agency in charge of drafting (hereinafter referred to as drafting agency) in the following cases: The law/ordinance project or draft resolution involves multiple fiends and sectors; The law project or draft resolution is submitted by Standing Committee of the National Assembly; The law/ordinance project or draft resolution is submitted by a deputy of the National Assembly, the Drafting Board composition is decided by Standing Committee of the National Assembly at the request of the deputy of the National Assembly.
The chief of the Drafting Board is the head of the drafting agency; other members are representatives of the drafting agency, relevant agencies, experts, and scientists. The Drafting Board of a law/ordinance project or draft resolution submitted by the Government must have members being representatives of the Ministry of Justice and Government Office. A Drafting Board must have at least 9 people.
Conclusion: So the above is Regulations on drafting laws, ordinances, and resolutions in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
