The decree is one important type of legislative documents. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who has the power to request for decree formulation? What are regulations on application for decree formulation? Thanks for answering my questions!”
Legal grounds
- 2015 Vietnam Law on Promulgation of Legislative Documents
Regulations on Request for decree formulation
– The request for decree formulation is made in the case of to formulation and promulgation of decrees prescribed in Clause 2 and Clause 3 Article 19 of Vietnam Law on Promulgation of legislative documents.
– Ministers, ministerial agencies shall, themselves or under the direction of the Government, the Prime Minister, or at the request of other organizations and individuals, prepare the request for decree formulation within their fields and submit it to the Prime Minister for consideration.
– The request for decree formulation shall be based on:
+ Policies of Communist Party and the State;
+ Action programs of the Government; requirements for management of the Government that must be regulated by decrees;
+ Results of research, arguments, and reality;
+ Commitments in relevant international agreements to which Socialist Republic of Vietnam is a signatory.
Responsibilities of agencies requesting decree formulation
– Reckon up the implementation of regulations of law, assess applicable legislative documents related to the request for decree formulation; survey, assess social relationships relevant to the request for decree formulation.
Request relevant agencies to assess the implementation of legislative documents under their management that are related to the request for decree formulation.
– Conduct study into information, materials, relevant international agreements to which the Socialist Republic of Vietnam is a signatory relevant to the request for decree formulation. Request relevant organizations and individuals to provide documents and information related to the request for decree formulation where necessary.
– Develop policies proposed in the request for decree formulation; assess the impact of such policies; anticipate necessary resources and conditions for ensuring the implementation of the Decree after it is ratified by the Government.
– Prepare documents to request decree formulation as prescribed in Article 87 of Vietnam Law on Promulgation of legislative documents.
– Seek opinions from relevant organizations and individuals about the request for decree formulation; receive, consider, explain, and summarize the opinions offered.
Regulations on Seeking opinions about request for decree formulation
The agency requesting decree formulation has the following responsibilities:
– The agency that makes the request for decree formulation shall seek opinions from the entities under the direct impact of the proposed policies in the request for decree formulation and relevant organizations; specify the issues that need opinions and address for receipt of opinions; post the entire request for decree formulation on the information portal of the Government and the agency requesting decree formulation for at least 30 days.
In case of seeking opinions in writing, depending on the characteristics and contents of the request for decree formulation, the requesting agency shall send enquiry sheets.
The Ministry of Finance shall offer opinions about financial resources, the Ministry of Home Affairs shall offer opinions about human resources, the Ministry of Foreign Affairs shall offer opinions about compatibility of relevant international agreements to which Socialist Republic of Vietnam is a signatory; the Ministry of Justice shall offer opinions about constitutionality, legitimacy, and uniformity of the request for decree formulation with the legal system;
– The agency that makes the request for decree formulation shall seek opinions directly, hold conferences and discussions to seek opinions about intended policies in the request for decree formulation;
– The agency requesting decree formulation shall receive, consider, explain, aggregate opinions; post the explanatory report on the information portal of the Government and the agency requesting decree formulation.
Regulations on Application for decree formulation
– A description of the request for decree formulation which specifies the necessity of the Decree; purposes and viewpoints on the decree formulation; scope of the decree and regulated entities; purposes, contents of policies in the Decree; solutions for implementing selected policies and explanation; intended time for requesting the Government to consider ratifying it; anticipation of necessary resources and conditions for implementation of the decree.
– Assessment of impact of each proposed policy which specifies issues to be solved; targets of the policies; solutions for implementation the policies; positive and negative impacts of the policies; costs, benefits of solutions; comparison of costs and benefits of solutions; selected solution and reason for such selection; assessment of impact of administrative procedures; assessment of gender-related impact (if any).
– A report on implementation of law or issues related to the policies.
– A report on receipt and explanation of opinions; photocopy of enquiry sheets.
– Outline of the draft decree.
– Other documents (if any).
Regulations on Appraising request for decree formulation
– The Ministry of Justice shall take charge and cooperate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, relevant organizations in appraising the request for decree formulation.
– Documents sent to the Ministry of Justice for appraisal include the documents mentioned in Article 37 of Vietnam Law on Promulgation of legislative documents.
Documents mentioned in Clause 1 and Clause 2 Article 87 of Vietnam Law on Promulgation of legislative documents must be sent in writing, other documents may be sent electronically.
– The Ministry of Justice shall appraise the request for decree formulation within 20 days from the day on which sufficient documents are received. The appraisal shall focus on:
+ Necessity of the decree; scope of the decree and regulated entities;
+ Conformity of the proposed policies with policies of Communist Party and the State;
+ The constitutionality, legitimacy, and uniformity of policies with the legal system; feasibility and the policies; solutions and conditions for implementation of the proposed policies;
+ Compatibility of the proposed policies and solutions for implementation thereof with relevant international agreements to which Socialist Republic of Vietnam is a signatory;
+ Necessity, reasonability, cost of administrative procedures of proposed policies (if they are related to administrative procedures); integration of gender equality in the request for decree formulation (if they are related to gender equality);
+ Adherence to procedures for requesting decree formulation.
– The Ministry of Justice shall decide whether or not the application for decree formulation is satisfactory enough to be submitted to the Government.
– The appraisal report must be sent to the agency requesting decree formulation within 10 days from the end of the appraisal. The agency requesting decree formulation shall consider the opinions from the appraising agency to revise and complete the application for decree formulation in order to be submitted to the Government.
The Government considering approval for request for decree formulation
– A minister or ministerial agencies shall submit the request for decree formulation to the Government.
– Documents to be submitted to the Government include:
+ The revised documents mentioned in Article 87 of Vietnam Law on Promulgation of legislative documents;
+ Report on appraisal and receipt of opinions from the appraising agency;
+ Other documents (if any).
Documents mentioned in Clause 1 and Clause 2 Article 87 of Vietnam Law on Promulgation of legislative documents and Point b of this Clause may be sent in writing, other documents may be sent electronically.
– Office of the Government shall receive applications for decree formulation of Ministers, ministerial agencies, and bring them up for discussion at meetings of the Government.
– The Government shall consider approving a request for decree formulation in the following order:
+ The Decree of the Ministry or ministerial agencies presents the request for decree formulation;
+ The representative of the Ministry of Justice presents the appraisal report;
+ Representatives of attending agencies and organizations offer their opinions;
+ The Government discusses;
+ The Government casts votes on for request for decree formulation.
– Based on the discussion and request for decree formulation, Office of the Government shall take charge and cooperate with the Ministry of Justice, the agency requesting decree formulation to draft a resolution on request for decree formulation of the Government and submit it to the Prime Minister for consideration and promulgation.
Regulations on Duties of the decree-drafting agency
– The decree-drafting agency is responsible to the Government for the contents, quality, progress of decree drafting.
– Duties of the decree-drafting agency:
+ Organize the decree drafting based on the policies ratified by the Government in the case mentioned in Clause 2 and Clause 3 Article 19 of Vietnam Law on Promulgation of legislative documents; ensure consistency of the elaborating documents with the elaborated document. Assess the impact of policies on the Decree prescribed in Clause 1 Article 19 of Vietnam Law on Promulgation of legislative documents if specific regulations on such policies have been provided for in laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President;
+ Request the Ministry or ministerial agency to establish a Drafting Board if necessary. The chief of the Drafting Board is the head or deputy of the Ministry or ministerial agency; other members are representatives of the drafting agency, relevant organizations, experts, and scientists who are conversant with technical issues of the draft Decree and able to participate in every activity of the Drafting Board;
+ Seek opinions, revise the draft decree, make a report on receipt of opinions, and post these documents on the information portal of the Government and of the drafting agency.
Regulations on Seeking opinions about the draft decree
While drafting the decree, the drafting agency must seek opinions from the entities under the direct impact of the decree, Ministries, ministerial agencies, and Governmental agencies as prescribed in Clauses 1, 2, 3 Article 57 of Vietnam Law on Promulgation of legislative documents.
Regulations on Appraising the draft decree
– The Ministry of Justice shall appraise the draft decree before it is submitted to the Government.
If the draft decree 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 explanation of the draft decree to the Government;
+ The draft decree;
+ A report on receipt of opinions; photocopies of enquiry sheets sent by Ministries, ministerial agencies, and Governmental agencies;
+ Assessment of administrative procedures in the draft decree (if any); report on integration of gender equality in the draft decree (if any);
+ 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 constitutionality, legitimacy, and uniformity of the draft decree with regard to the legal system; the compatibility of the draft decree with relevant international agreements to which Socialist Republic of Vietnam is a signatory;
+ The consistency of the draft decree with the elaborated document in the case mentioned in Clause 1 Article 19 of Vietnam Law on Promulgation of legislative documents; the consistency of the draft decree with ratified policies in the request for decree formulation in the case mentioned in Clause 2 and Clause 3 Article 19 of Vietnam Law on Promulgation of legislative documents;
+ Necessity, reasonability, cost of administrative procedures in the draft decree (if any); integration of gender equality in the draft decree (if any);
+ Necessary human resources and financial resources to ensure implementation of the decree;
+ Language, format, and drafting process.
– If necessary, the appraising agency shall request the drafting agency to report the issues related to the draft decree; conduct surveys into issues of the draft decree itself or in cooperation with the drafting agency. The drafting agency has the responsibility to provide information and documents serving the appraisal of the draft decree.
– 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 draft decree is satisfactory enough to be submitted to the Government.
The appraisal report must be sent to the drafting agency within 15 days from the day on which sufficient documents are received.
– The drafting agency must receipt and consider opinions provided by the appraising agency to revise and complete the draft decree, send a report together with the revised draft decree to the appraising agency when submitting the draft decree to the Government.
Documents about the draft decree to be submitted to the Government
– A description of the draft decree to the Government.
– The draft decree.
– Report on appraisal and receipt of opinions from the appraising agency.
– A report on receipt of opinions from other agencies, organizations, individuals and entities under the direct impact of the Decree.
– Assessment of administrative procedures in the draft decree (if any); report on integration of gender equality in the draft decree (if any);
– A resolution of the Government on ratification of the proposed policies in the cases mentioned in Clause 2 and Clause 3 Article 19 of Vietnam Law on Promulgation of legislative documents.
– 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 the draft Decree before being submitted to the Government
If there are conflicting opinions between Ministries and ministerial agencies about the major issues of the draft decree, 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 to discuss before submitting the draft decree 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 draft decree in order to be submitted to the Government.
Seeking opinions of Standing Committee of the National Assembly about promulgation of decrees
– Before promulgating a decree mentioned in Clause 3 Article 19 of Vietnam Law on Promulgation of legislative documents, the Government shall seek opinions from Standing Committee of the National Assembly.
– Documents to be submitted to Standing Committee of the National Assembly include:
+ A written request of the Government for promulgation of the decree which specifies it necessity, basic policies and main contents of the draft decree, scope of the decree and regulated entities, issues that need opinions and issues under dispute;
+ The draft decree;
+ Report on impact of the decree;
+ Report on implementation of law or assessment of social relationships related to the main contents of the draft decree;
+ Report on appraisal and receipt of opinions from the appraising agency;
+ Other documents (if any).
– The draft decree must be inspected by Ethnic Council or Committees of the National Assembly before being submitted to Standing Committee of the National Assembly for opinions
– Standing Committee of the National Assembly shall offer opinions and decide whether to permit the promulgation of the Decree.
– The Government shall receive opinions of Standing Committee of the National Assembly.
Procedures for considering ratification of a draft decree
The Government shall consider ratifying a draft decree in the following order:
– The representative of the drafting agency presents the draft decree;
– The representative of the Ministry of Justice presents the explanation and receipt of opinions from the appraising agency;
– The representative of Office of the Government raises issues to be discussed;
– Representatives of agencies and organizations that attend the meeting offer their opinions;
– The Government discusses.
The drafting agency cooperates with the Ministry of Justice, Government Office, and relevant agencies in revising the draft decree according to opinions of the Government;
– The Government casts votes on ratification of the draft decree.
If the draft decree is yet to be ratified, the Prime Minister shall direct the revision and impose a deadline for resubmitting the draft decree, and request the drafting agency to complete the draft decree to be submitted to the Government for consideration and ratification.
– The Prime Minister signs the decree.
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Frequently asked questions
Ministers, ministerial agencies shall, themselves or under the direction of the Government, the Prime Minister, or at the request of other organizations and individuals, prepare the request for decree formulation within their fields and submit it to the Prime Minister for consideration.
The request for decree formulation shall be based on: Policies of Communist Party and the State; Action programs of the Government; requirements for management of the Government that must be regulated by decrees; Results of research, arguments, and reality; Commitments in relevant international agreements to which Socialist Republic of Vietnam is a signatory.
The draft decree must be inspected by Ethnic Council or Committees of the National Assembly before being submitted to Standing Committee of the National Assembly for opinions
Conclusion: So the above is Regulations on formulation and promulgation of decrees in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
