Formulation and promulgation of decisions of the people’s committees of provinces in Vietnam
Decisions of the people’s committees of provinces are important legislative documents. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to know who have the power to request for formulation of decisions of the People’s Committees of provinces? What are regulations on drafting decisions of the People’s Committees of provinces? Thanks for answering my questions!”
Legal grounds
2015 Vietnam law on Promulgation of legislative documents
Request for formulation of decisions of the People’s Committees of provinces
– Specialized agencies affiliated to the People’s Committee of a province and Presidents of the People’s Committees of districts have the responsibility for requesting formulation of decisions of the People’s Committee of the province.
– The request for formulation of the decision must specify the name, necessity, scope, regulated entities, and main contents of the decision, intended promulgation date, and drafting agency. With regard to the issues to be elaborated, the submitting agency must review legislative documents of central regulatory agencies and resolutions of the People’s Council at the same administrative level to determine the contents and scope of elaborating documents.
– Office of the People’s Committee of the province shall take charge and cooperate with the Department of Justice in considering the request for decision formulation and send a report to the President of the People’s Committee of the province.
Drafting decisions of the People’s Committees of provinces
– The President of the People’s Committee of the province shall appoint a drafting agency.
– The drafting agency has the responsibility to:
+ Survey, assess social relationships; study policies of Communist Party, the State, documents of superior regulatory agencies, resolutions of the People’s Council of the same province, and documents related to the draft decision;
+ Draft the decision and description thereof;
+ Access the impact of the decision if it contains specific regulations on the policies of superior documents to be elaborated; assess impact of administrative procedures and gender-related impact (if any);
+ Aggregate, consider opinions; revise and complete the draft decision.
Drafting decisions of the People’s Committees of provinces
The drafting agency shall seek opinions from the entities under the direct impact of the decision and relevant organizations as prescribed in Article 120 of Vietnam Law on Promulgation of legislative documents.
Appraising draft decisions of the People’s Committees of provinces
The Department of Justice shall appraise the draft decision before it is submitted to the People’s Committee of the province. The time limit, documents, inspection contents, and inspection report shall comply with Article 121 of Vietnam Law on Promulgation of legislative documents.
Documents about draft resolution submitted to the People’s Committee of the province
The drafting agency shall send documents about the draft decision to the People’s Committee of the province at least 03 working days before the meeting date of the People’s Committee in order to be sent to members of the People’s Committee. Documents about the draft decision are mentioned in Clause 1 Article 125 of Vietnam Law on Promulgation of legislative documents.
Procedures for considering and ratifying draft decisions of the People’s Council of the province
– Depending on the characteristics and contents of the draft decision, President of the People’s Committee of the province shall decide the method for considering and ratifying its decisions. A draft decision shall be considered and ratified at a meeting of the People’s Committee of the province in the following order:
+ The representative of the drafting agency presents the draft decision;
+ The Representative of the Department of Justice presents the explanation and receipt of its opinions;
+ The representative of Office of the People’s Committee of the province offers opinions;
+ The People’s Committee of the province discusses and cast votes on ratification of the draft decision.
– The draft decision shall be ratified when it is voted for by more than half of the members of the People’s Committee of the province.
– President of the People’s Committee of the province signs the decision.
Drafting resolutions of the People’s Councils of districts
– Draft resolutions of the People’s Council of a district are submitted by the People’s Committee of the same district. Depending on the characteristics and contents of the resolution, the People’s Committee of the district shall appoint a drafting agency. The drafting agency shall draft the document and description thereof.
– Depending on the characteristics and contents of the draft resolution, the drafting agency shall seek opinions from the entities under the direct impact of the resolution and relevant organizations.
The enquired organizations must give written responses within 07 days from the receipt of the draft resolution.
In case of seeking opinions form entities under the direct impact of the proposed policies, the drafting agency must specify the issues that need opinions, the emailing address, and give them at least 07 days to provide their opinions.
Appraising draft resolutions of the People’s Councils of districts
– The Department of Justice of the district shall appraise the draft resolution of the People’s Council of the same district before it is submitted to the People’s Committee of the district.
The drafting agency must send documents about the draft resolution of the People’s Council of the district to the Department of Justice of the district for appraisal at least 10 days before the meeting date of the People’s Committee.
– Time limits, documents, appraisal contents, and appraisal report shall comply with Clauses 2, 3, 4, 5 Article 121 of Vietnam Law on Promulgation of legislative documents.
Responsibility of the People’s Committee of a district for draft resolution of the People’s Council of the same district
– The People’s Committee of the district shall consider, discuss, and cast votes on submission of the draft resolution to the People’s Council of the same district.
– The People’s Committee of the district shall send the description, draft resolution, and relevant documents to Standing Committee of the People’s Council at least 07 days before the first meeting date in order to send them to deputies of the People’s Council.
Inspecting draft resolutions of the People’s Councils of districts
Every draft resolution of the People’s Council of a district must be inspected by an inspecting board of the People’s Council before being submitted to the People’s Council. At least 10 days before the first meeting date of the People’s Council, the People’s Committee shall send the draft resolution to the inspecting board of the People’s Council. The inspection contents and inspection reports shall comply with Clauses 2, 3, 4 Article 124 of Vietnam Law on Promulgation of legislative documents.
The inspecting board of the People’s Council shall send the inspection report to Standing Committee of the People’s Council at least 07 days before the first meeting date in order to be sent to deputies of the People’s Council.
Procedures for considering and ratifying draft resolutions of the People’s Council of the district
– The draft resolution shall be considered and ratified at the meeting of the People’s Council in the following order:
+ The representative of the People’s Committee presents the draft resolution;
+ The representative of inspecting board of the People’s Council presents inspection report;
+ The People’s Council discusses and cast votes on ratification of the draft resolution.
– The draft resolution shall be ratified when it is voted for by more than half of the deputies of the People’s Council.
– President of the People’s Council signs the resolution.
Drafting decisions of the People’s Committees of districts
– A specialized agency affiliated to the People’s Committee of a district shall be appointed by the President of the People’s Committee to draft the decision. The drafting agency shall draft the decision and description thereof.
– Depending on the characteristics and contents of the draft decision, the drafting agency shall seek opinions from the entities under the direct impact of the resolution and relevant organizations.
The enquired organizations must give written responses within 07 days from the receipt of the draft decision.
In case of seeking opinions form entities under the direct impact of the decision, the drafting agency must specify the issues that need opinions and give them at least 07 days to provide their opinions.
Appraising draft decisions of the People’s Committees of districts
– The Department of Justice of the district shall appraise the draft decision of the People’s Committee of the same district before it is submitted.
At least 10 days before the meeting date of the People’s Committee, the drafting agency must send documents about the draft decision to the Department of Justice of the district for appraisal.
– Documents sent to the appraising agency include:
+ A description of the draft decision;
+ The draft decision;
+ Opinions about the draft decision;
+ Other documents (if any).
– Appraisal contents and appraisal report shall comply with Clauses 3, 4, 5 Article 121 of Vietnam Law on Promulgation of legislative documents.
– At least 05 days before the meeting date of the People’s Committee, the Department of Justice of the district must send the appraisal report to the drafting agency.
Documents about draft decision submitted to the People’s Committee of the district
– The drafting agency shall send documents about the draft decision to the People’s Committee of the district at least 03 working days before the meeting date of the People’s Committee in order to be sent to members of the People’s Committee.
– Documents about draft decision submitted to the People’s Committee include:
+ The documents mentioned in Clause 2 Article 139 of Vietnam Law on Promulgation of legislative documents;
+ The appraisal report;
Documents mentioned in Point a and Point b Clause 2 Article 139 of Vietnam Law on Promulgation of legislative documents and Point b of this Clause must be sent in writing, other documents may be sent electronically.
Procedures for considering and ratifying draft decisions of the People’s Councils of districts
– Depending on the characteristics and contents of the draft decision, President of the People’s Committee of the district shall decide the method for considering and ratifying it. A draft decision shall be considered and ratified at a meeting of the People’s Committee in the following order:
+ The representative of the drafting agency presents the draft decision;
+ The representative of the Department of Justice of the district presents the explanation and receipt of its opinions;
+ The People’s Council discusses and cast votes on ratification of the draft decision.
– The draft decision shall be ratified when it is voted for by more than half of the members of the People’s Committee.
– President of the People’s Committee signs the decision.
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Frequently asked questions
Specialized agencies affiliated to the People’s Committee of a province and Presidents of the People’s Committees of districts have the responsibility for requesting formulation of decisions of the People’s Committee of the province.
The President of the People’s Committee of the province shall appoint a drafting agency.
The Department of Justice shall appraise the draft decision before it is submitted to the People’s Committee of the province. The time limit, documents, inspection contents, and inspection report shall comply with Article 121 of Vietnam Law on Promulgation of legislative documents.
Conclusion: So the above is Formulation and promulgation of decisions of the people’s committees of provinces in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
