Formulation, promulgation of decisions of the prime minister in Vietnam

The decision of the prime minister is one important type of legislative documents in Vietnam. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to know who shall be in charge of drafting the decision of the Prime Minister? What are duties of the drafting agency? Who shall appraise the draft decree before it is submitted to the Government? Thanks for answering my questions!”

Legal grounds

• 2015 Vietnam law on promulgation of legislative documents

Regulations on duties of drafting agency

– A Ministry or ministerial agency shall be in charge of drafting the decision of the Prime Minister as assigned by the Prime Minister (hereinafter referred to as drafting agency).

– Duties of the drafting agency:

+ Reckon up the implementation of law; survey, assess social relationships; study information, materials, and relevant International Agreements to which Socialist Republic of Vietnam is a signatory;

+ Assess impact of each policy in the draft decision 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; assess impact of administrative procedures and gender-related impact (if any);

+ Organize the drafting of the decision which is participated by representatives of the Ministry of Justice, Government Office, and relevant organizations; qualified experts and scientists may be invited to participate in the drafting process;

+ Seek opinions from the entities under the direct impact of the policies in draft decision and relevant organizations; specify the issues that need opinions and address for receipt of opinions; post the entire draft decision on the information portal of the Government and the drafting agency for at least 60 days.

In case of seeking opinions in writing, depending on the characteristics and contents of the draft decision, the drafting agency shall send enquiry sheets to Ministries, ministerial agencies, and Governmental agencies. Enquired agencies shall give written responses within 20 days from the receipt of the 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 draft decision with the legal system;

+ Receive, consider the opinions; post the report on revision of the draft decision on the information portal of the Government and of the drafting agency.

Appraising draft decision of the Prime Minister

– The Ministry of Justice shall appraise the draft decree before it is submitted to the Government.

If the draft decision 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 draft decision to the Prime Minister;

+ The draft decision;

+ 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 decision (if any); report on integration of gender equality in the draft decision (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:

+ Scope of the decision, regulated entities, necessity of the decision in the case mentioned in Article 2 of Vietnam Law on Promulgation of legislative documents;

+ Conformity of draft decision with policies of Communist Party and the State;

+ The constitutionality, legitimacy, and consistency of the draft decision with the legal system; the compatibility of the draft decision with relevant international agreements to which Socialist Republic of Vietnam is a signatory;

+ Necessity, reasonability, cost of administrative procedures in the draft decision (if any); integration of gender equality in the draft decision (if any);

+ Necessary human resources and financial resources to ensure implementation of the decision;

+ 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 draft decision; conduct surveys into issues of the draft decision 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 decision.

– The appraisal report must contain opinions of the appraising agency about the issues mentioned in Clause 1 of this Article and whether or not the draft decision is satisfactory enough to be submitted to the Prime Minister.

The appraisal report must be sent to the drafting agency within 15 days from the day on which the application for appraisal is received.

– The drafting agency must consider opinions provided by the appraising agency to revise and complete the draft decision, send a report together with the revised draft decision to the appraising agency when submitting the draft decree to the Government.

Documents about draft decision to be submitted to the Prime Minister

– A description of the draft decision.

– The revised draft decision after opinions are provided by the appraising agency.

– Report on appraisal and receipt of opinions from the appraising agency.

– Assessment of impact of policies in the draft decision.

– 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.

Processing of documents and submission of decisions of the Prime Minister for promulgation

– Within 30 days from the day on which sufficient documents are received, Office of the Government shall check them. If there are conflicting opinions between Ministries and ministerial agencies about the major issues of the draft decision, 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 decision to the Prime Minister for consideration.

Based on the opinions given at the meeting, the drafting agency shall cooperate with relevant agencies in revising and completing the draft decision in order to be submitted to the Prime Minister.

If the Prime Minister offers opinions about the draft decision, the drafting agency shall cooperate with the Ministry of Justice and Government Office in revising and completing the draft decision in order to be submitted to the Prime Minister for promulgation.

The Prime Minister shall consider signing and promulgating the decision.

Please see more:

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• Service of changing the legal representative of Vietnamese enterprises

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