Formulation, promulgation of legislative documents of judge council in Vietnam
Resolutions of Judge Council of the People’s Supreme Court, of Chief Procurator of the Supreme People’s Procuracy are important types of legislative documents in Vietnam; . Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to know what are regulations on formulation and promulgation of resolutions of Judge Council of the People’s Supreme Court in Vietnam? What are regulations on formulation and promulgation of Circulars of Chief Procurator of the Supreme People’s Procuracy in Vietnam? Thanks for answering my questions!”
Legal grounds
- 2015 Vietnam Law on Promulgation of legislative documents
Formulation and promulgation of resolutions of Judge Council of the People’s Supreme Court
– The drafting of resolutions of Judge Council of the People’s Supreme Court is organized and directed by executive judge of the People’s Supreme Court.
– The draft resolution shall be posted on the information portals of the Government and the People’s Supreme Court for at least 60 days
Te draft resolution must be sent to the People’s Supreme Procuracy, the Ministry of Justice, relevant ministries and ministerial agencies, Vietnam Lawyers Association and the Vietnam Bar Federation for enquiry.
– Executive judge of the People’s Supreme Court shall direct the enquiry into the draft resolution.
– Executive judge of the People’s Supreme Court shall establish a council to appraise the resolution of Judge Council of the People’s Supreme Court, which is participated by the People’s Supreme Procuracy, the Ministry of Justice, relevant organizations, units, experts, and scientists.
– The draft resolution shall be discussed at the meeting of Judge Council of the People’s Supreme Court which is attended by the Chief Procurator of the Supreme People’s Procuracy and the Minister of Justice.
– Judge Council of the People’s Supreme Court shall hold a meeting to ratify the draft resolution.
If the Chief Procurator of the Supreme People’s Procuracy or the Minister of Justice does not concur with the resolution of Judge Council of the People’s Supreme Court, a report may be submitted to Standing Committee of the National Assembly for consideration and decision at the nearest meeting.
– Executive judge of the People’s Supreme Court shall sign resolutions of Judge Council of the People’s Supreme Court.
Formulation and promulgation of circulars of executive judge of the People’s Supreme Court
– The drafting of circulars of Executive judge of the People’s Supreme Court is organized and directed by Executive judge of the People’s Supreme Court.
– The drafting unit shall reckon up the implementation of laws related to the draft circular; study relevant information and materials; prepare an outline, make and revise the draft circular; prepare a description and relevant documents.
The draft circular shall be posted on the information portals of the People’s Supreme Court for at least 60 days.
Depending on the characteristics and contents of the draft circular, Executive judge of the People’s Supreme Court shall decide whether to send the draft circular to local courts, military courts, and relevant organizations for enquiry.
– Judge Council of the People’s Supreme Court shall discuss and offer opinions about the draft circular of Executive judge of the People’s Supreme Court.
– Executive judge of the People’s Supreme Court shall direct the enquiry into the draft resolution and consider signing, promulgating the Circular.
Formulation and promulgation of Circulars of Chief Procurator of the Supreme People’s Procuracy
– The drafting of circulars of the Chief Procurator of the Supreme People’s Procuracy is organized and directed by the Chief Procurator of the Supreme People’s Procuracy.
– The drafting unit shall reckon up the implementation of laws related to the draft circular; study relevant information and materials; prepare an outline, make and revise the draft circular; prepare a description and relevant documents.
The draft circular shall be posted on the information portals of the People’s Supreme Procuracy for at least 60 days.
Depending on the characteristics and contents of the draft circular, the Chief Procurator of the Supreme People’s Procuracy shall decide whether to send the draft circular to local Procuracies, military Procuracies, and relevant organizations for enquiry.
– Control Committee of the People’s Supreme Procuracy shall discuss and offer opinions about the draft circular.
– The Chief Procurator of the Supreme People’s Procuracy shall direct the enquiry into the draft resolution and consider signing, promulgating the Circular.
General shall direct the enquiry into the draft resolution and consider signing, promulgating the decision.
Formulation and promulgation of joint resolutions
– The agency in charge of drafting of a joint resolution between Standing Committee of the National Assembly or the Government and Management Board of Central Committee of Vietnamese Fatherland Front is appointed by Standing Committee of the National Assembly or the Government.
– The drafting agency shall draft the joint resolution.
– While drafting the joint resolution, the drafting agency must seek opinions from other organizations and individuals as prescribed in Clauses 1, 2, 3 Article 57 of Vietnam Law on Promulgation of legislative documents.
– Before being promulgated, the draft joint resolution between Standing Committee of the National Assembly and Management Board of Central Committee Vietnamese Fatherland Front must be inspected by Ethnic Council and Committees of the National Assembly; the draft joint resolution between the Government and Governing Commission of Central Committee of Vietnamese Fatherland Front must be appraised by the Ministry of Justice.
Appraisal documents and contents are the same as those in Clause 2 and Clause 3 Article 58; inspection documents and contents are the same as those in Clause 1 Article 64 and Article 65 of Vietnam Law on Promulgation of legislative documents.
– The drafting agency shall consider opinions to revise the draft resolution.
– The draft resolution shall be ratified if the agencies competent to promulgate joint resolutions reach a consensus.
President of the National Assembly or the Prime Minister and President of Central Committee Vietnamese Fatherland Front shall sign the joint resolution together.
Formulation and promulgation of joint circulars
– The agencies in charge of drafting joint circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; joint circulars between Ministers, Heads of ministerial agencies and Executive Judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy are appointed by Ministers and Heads of ministerial agencies.
– The drafting agency shall draft the joint circular.
– The draft shall be posted on the information portal of the drafting agency for at least 60 days.
The drafts of joint circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; joint circulars between Ministers, Heads of ministerial agencies and Executive Judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy are subject to enquiry by members of Judge Council of the People’s Supreme Court and members of Standing Committee of the People’s Supreme Procuracy.
– The drafting agency shall consider opinions to revise the draft.
– The draft of a joint Circular shall be ratified if the agencies competent to promulgate joint circulars reach a consensus.
Executive judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, Minister, and Head of ministerial agency shall sign the joint circular together.
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
The drafting of resolutions of Judge Council of the People’s Supreme Court is organized and directed by executive judge of the People’s Supreme Court.
Executive judge of the People’s Supreme Court shall direct the enquiry into the draft resolution.
Judge Council of the People’s Supreme Court shall discuss and offer opinions about the draft circular of Executive judge of the People’s Supreme Court.
Conclusion: So the above is Formulation, promulgation of legislative documents of judge council in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
