Vietnam law has regulations on inspection of law/ordinance projects and draft resolutions. Let’s find out this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask how are inspection of law/ordinance projects regulated in Vietnam? What are deadlines for sending documents about the law/ordinance project or draft resolution for inspection? Thanks for answering me!
Legal grounds
- 2015 Vietnam law on promulgation of legislative documents
Inspection of law/ordinance projects and draft resolutions by Ethnic Council and Committees of the National Assembly
– Before submitting the project or draft document to the National Assembly or Standing Committee of the National Assembly of consideration and discussion, it must be inspected by the Ethnic Council or a Committee of the National Assembly (hereinafter referred to as inspecting agency).
The inspecting agency is in charge of inspecting the projects and draft documents within their competence, and other projects, draft documents assigned by the National Assembly or Standing Committee of the National Assembly; participate in inspection of projects and draft documents by other agencies of the National Assembly as assigned by Standing Committee of the National Assembly.
– The inspecting agency shall invite the Standing Legal Committee, Standing Social Affairs Committee, and other agencies to attend the inspection meeting and provide opinions about the project or draft document related to their fields and other issues of the project or draft document.
– The inspecting agency may invites representatives of relevant organizations, experts, scientists, and representatives of entities under the impact of the document to attend the meeting it holds to offer opinions about relevant contents of the project or draft document.
– The inspecting agency is entitle to request the submitting entity to report, provide explanation, information and documents about relevant contents of the project or draft document; organize conferences and surveys about issues of the project or draft document itself or in cooperation with the drafting agency.
Other agencies, organizations, and individuals are responsible for providing information, documents, and comply with other request of the inspecting agency.
Deadlines for sending documents about the law/ordinance project or draft resolution for inspection
– Documents about the project or draft document to be inspected include:
+ 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 appraisal if the project or draft document is submitted by the Government; opinions of the Government if the project or draft document is not submitted by the Government; report receipt and explanation of opinions; photocopy of enquiry sheets;
+ Reports on law implementation, assessment of social relationships related to main contents of the project or draft document, report on impact of policies in the project or draft document;
+ Report on integration of gender equality in the project or draft document (if any);
+ The draft of the elaborating document and 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.
– Documents about the project or draft document to be submitted to Standing Committee of the National Assembly must be sent by the submitting entity to the inspecting authority, Legal Committee, Social Affairs Committees, and other participating agencies for inspection at least 20 days before the opening date of the meeting of Standing Committee of the National Assembly,
Documents about the project or draft document to be submitted to the National Assembly must be sent by the submitting entity mentioned in Clause 1 of this Article to the inspecting authority, Legal Committee, Social Affairs Committees, and other participating agencies for inspection at least 30 days before the first meeting date of the National Assembly.
– The inspecting agency shall not carry out the inspection if documents are not sufficient or not sent on schedule as prescribed in Clause 1 and Clause 2 of this Article.
Contents of inspection of law/ordinance projects and draft resolutions
The inspection shall focus on:
– Scope and regulated entities of the document;
– Contents of the draft document and controversial issues; assignment and preparation of elaborating documents (if any);
– Conformity of the draft document with policies of Communist Party; 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;
– Feasibility of regulations 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 inspecting agency shall request the submitting agency to report the issues related to contents of the project or draft document.
Method for inspecting law/ordinance projects and draft resolutions
– The inspecting agency shall hold a general meeting; a meeting with Standing Ethnic Council and Standing Committee may be held before submitting the project or draft document to the National Assembly.
– The inspecting agency shall invite participating agencies to participate in the meeting.
Report on inspection of law/ordinance project or draft resolution
– The inspection report must contain the opinions of the inspecting agency about the issues mentioned in Article 65 of Vietnam Law on Promulgation of legislative documents and necessary amendments.
– The inspection report must reflect opinions of members of inspecting agency and the inspecting agency itself about contents of the project or draft document, and whether or not the project of investment is satisfactory enough to be submitted to Standing Committee of the National Assembly or the National Assembly.
If the Ministry of Justice concludes that the project or draft document is not satisfactory enough, documents shall be returned to the submitting agency to keep revising and completing the project or draft document.
Responsibility of Legal Committee for assurance of constitutionality, legitimacy, and consistency of law/ordinance projects and draft resolutions with the legal system
– Legal Committee has the responsibility to participate in the inspections of projects and draft documents carried out by other agencies of the National Assembly in order to ensure their constitutionality, legitimacy, and consistency with the legal system.
– Legal Committee shall hold a meeting with the standing committee or with the whole committee to offer opinions and appoint representatives to participate in the inspection meeting held by the inspecting agency.
– Contents of the inspection for assurance of constitutionality, legitimacy, and consistency of the project or draft document with the legal system include:
+ Conformity of regulations of the draft law or resolution of the National Assembly with the Constitution; conformity of regulations of the draft ordinance or resolution of Standing Committee of the National Assembly with the Constitution, laws, and resolutions of the National Assembly;
+ Consistency between regulations of the draft law or resolution of the National Assembly with other laws and resolutions of the National Assembly; between regulations of the draft ordinance or resolution of Standing Committee of the National Assembly with other ordinances and resolutions of Standing Committee of the National Assembly, among regulations of the draft law, ordinance, or resolution itself; and consistency of document format.
Responsibility of Social Affairs Committee for inspecting integration of gender equality in law/ordinance projects and draft resolutions
– Social Affairs Committee has the responsibility to participate in inspections of projects and draft documents carried out by other agencies of the National Assembly in order to ensure integration of gender equality in the project or draft document (if any).
– Social Affairs Committee shall hold a meeting with the standing committee or with the whole committee to offer opinions and appoint representatives to participate in the inspection meeting held by the inspecting agency.
– Contents of inspection of integration of gender equality include:
+ Determination of gender issue in the project or draft document;
+ Ensure the observance of gender equality principles of the project or draft document;
+ Compliance to procedures for assessing integration of gender equality in the project or draft document;
+ Feasibility of regulations in the draft document to ensure gender equality.
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Frequently asked questions
Before submitting the project or draft document to the National Assembly or Standing Committee of the National Assembly of consideration and discussion, it must be inspected by the Ethnic Council or a Committee of the National Assembly (hereinafter referred to as inspecting agency).
The inspecting agency shall invite the Standing Legal Committee, Standing Social Affairs Committee, and other agencies to attend the inspection meeting and provide opinions about the project or draft document related to their fields and other issues of the project or draft document.
The inspecting agency may invites representatives of relevant organizations, experts, scientists, and representatives of entities under the impact of the document to attend the meeting it holds to offer opinions about relevant contents of the project or draft document.
Conclusion: So the above is Inspection of law/ordinance projects and draft 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
