Standing Committee of the National Assembly offering opinions about law projects in Vietnam

Vietnam law has regulations on Standing Committee of the National Assembly offering opinions about law projects and draft resolutions of the National Assembly. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what is the deadline for sending documents to Standing Committee of the National Assembly for opinions about law projects in Vietnam? What are procedures for Standing Committee of the National Assembly to offer opinions about law projects and draft resolutions of the National Assembly? Thanks for answering me!”

Legal grounds

• 2015 Vietnam Law on Promulgation of legislative documents

Deadline for sending documents to Standing Committee of the National Assembly for opinions

At least 07 days before the opening date of meeting of Standing Committee of the National Assembly, the submitting entity must send the documents mentioned in Clause 1 Article 64 of Vietnam Law on Promulgation of legislative documents to Standing Committee of the National Assembly for opinions.

The draft document, description, and report on inspection of the project or draft document shall be posted on the information portal of the National Assembly.

Procedures for Standing Committee of the National Assembly to offer opinions about law projects and draft resolutions of the National Assembly

– Depending on the characteristics and contents of the law project or draft resolution of the National Assembly, Standing Committee of the National Assembly may offer opinions once or many times.

– Standing Committee of the National Assembly shall offer opinions in the following order:

+ The representative of the submitting entity presents primary contents of the project or draft document.

The representative of the Government offers opinions about the project or draft document that is not submitted by the Government;

+ The representative of the inspecting agency presents the report on inspection and put forward issues for the National Assembly to discuss;

+ Representatives of other attending agencies, organizations and individuals offer their opinions;

+ Standing Committee of the National Assembly discusses;

+ The chair draws a conclusion.

Revising law projects and draft resolutions of the National Assembly according to opinions of Standing Committee of the National Assembly

– The submitting entity shall consider opinions offered by Standing Committee of the National Assembly to revise the project or draft document.

If the project or draft document is submitted by the Government, the person appointed by the Prime Minister shall cooperate with the Ministry of Justice in considering opinions and revising the project or draft document. A report may be submitted to the Prime Minister for consideration if necessary.

– If the submitting entity does not concur with opinions offered by Standing Committee of the National Assembly, a report shall be submitted to the National Assembly for consideration.

Considering approval for law/ordinance projects and draft resolutions

– The National Assembly shall consider approving a law project or draft resolution after one or two meetings of the National Assembly; if the law project is large and have complicated clauses, the National Assembly may consider approving it after three meetings.

At least 20 days before the first meeting date of the National Assembly, project documents and draft documents submitted to the National Assembly must be sent to all deputies of the National Assembly.

– Standing Committee of the National Assembly shall consider approving a law project or draft resolution after one or two meetings of Standing Committee of the National Assembly.

At least 20 days before the opening date of meeting of Standing Committee of the National Assembly, project documents and draft documents must be sent to all members of Standing Committee of the National Assembly.

– Project documents and draft documents submitted to the National Assembly or Standing Committee of the National Assembly are those mentioned in Clause 1 Article 64 of Vietnam Law on Promulgation of legislative documents and the report on inspection of the project or draft document.

 Descriptions, draft documents, and inspection reports must be sent in writing; other documents may be sent electronically.

Procedures for considering approval for a law project or draft resolution after one meeting of the National Assembly

The National Assembly shall consider approval for a law project or draft resolution after one meeting of the National Assembly in the following order:

– The representative of the submitting entity presents the project or draft document;

– The representative of the inspecting agency presents the inspection report;

– The National Assembly discusses basic contents, major and controversial issues of the project or draft document at the general meeting. Before being discussed at the general meeting, the project or draft document may be discussed by groups of deputy of the National Assembly;

– During the discussion, the representative of the submitting entity explains the issues raised by deputies of the National Assembly;

– The National Assembly cast votes on important, major, and controversial issues of the project or draft document at the request of Standing Committee of the National Assembly.

The inspecting agency shall take charge and cooperate with the submitting entity, the secretary general of the National Assembly, and relevant organizations in assisting Standing Committee of the National Assembly in anticipating important, major and controversial issues of project or draft document to be voted by the National Assembly;

– After the project or draft document is discussed by deputy of the National Assembly, Standing Committee of the National Assembly shall organize the revision of the draft document in the following order:

+ The inspecting agency cooperates with the submitting entity, Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document and making a revision report to be submitted to Standing Committee of the National Assembly;

+ At least 07 days before it is put to the vote by the National Assembly, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

– Standing Committee of the National Assembly reports the draft document revision to the National Assembly.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to the National Assembly for consideration;

– The National Assembly cast votes on approval for the draft document. If the draft document is still in dispute, the National Assembly shall cast votes on the remaining issues at the request of Standing Committee of the National Assembly before the draft document is put on the vote;

– President of the National Assembly signs the law or resolution of the National Assembly.

In case the draft document is not approved or only partially approved, the National Assembly shall consider resubmitting it or approving it at the next meeting as requested by Standing Committee of the National Assembly.

Procedures for considering approval for a law project or draft resolution after two meetings of the National Assembly

The National Assembly shall consider approving a law project or draft resolution after two meetings of the National Assembly in the following order:

– At the first meeting:

+ The representative of the proposing entity presents the project or draft document;

+ The representative of the inspecting agency presents the inspection report;

+ the National Assembly discusses the basic contents and issues in dispute of the project or draft document at the general meeting. Before being discussed at the general meeting, the project or draft document may be discussed at by groups of deputies of the National Assembly .

During the discussion, the representative of the submitting entity must explain the issues raised by deputies of the National Assembly;

+ The National Assembly casts votes on important, major, and controversial issues of the project or draft document at the request of Standing Committee of the National Assembly.

The inspecting agency shall take charge and cooperate with the agency, organization, or member of the submitting entity, the secretary general of the National Assembly, and relevant organizations in assisting Standing Committee of the National Assembly in anticipating important, major and controversial issues of project or draft document to be voted by the National Assembly;

+ Standing Committee of the National Assembly requests the secretary general of the National Assembly to aggregate opinions offered by deputies of the National Assembly and enquiry sheets as the basis for revision;

– During the interval between two meetings of the National Assembly, Standing Committee of the National Assembly shall direct the revision of the draft document in the following order:

+ The inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document and making a revision report. The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to the National Assembly for consideration;

+ Standing Committee of the National Assembly sends the revised draft document and revision report to deputy of the National Assembly, Ethnics Committee, and other Committees of the National Assembly at least 45 days before the first meeting date of the National Assembly.

+ Standing Committee of the National Assembly sends the revised draft document and revision report to deputy of the National Assembly, Ethnics Committee, and other Committees of the National Assembly at least 20 days before first meeting date of the National Assembly.

+ The inspecting agency aggregate opinions offered by deputies of the National Assembly, Ethnic Committees, and other Committees of the National Assembly to cooperate with the submitting entity in revising the draft document and complete the revision report to be submitted to Standing Committee of the National Assembly;

– At the second meeting:

+ The representative of Standing Committee of the National Assembly presents the revision report.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to the National Assembly for consideration;

+ The National Assembly discusses remaining controversial issues of the project or draft document;

+ Standing Committee of the National Assembly directs the revision of the draft document;

+ At least 07 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

+ The National Assembly cast votes on approval for the draft document. If the draft document is still in dispute, the National Assembly shall cast votes on the remaining issues at the request of Standing Committee of the National Assembly before the draft document is put on the vote;

+ President of the National Assembly signs the law or resolution of the National Assembly.

In case the draft document is not approved or only partially approved, the National Assembly shall consider resubmitting it or approving it at the next meeting as requested by Standing Committee of the National Assembly.

Procedures for considering approval for a law project after three meetings of the National Assembly

The National Assembly shall consider approving a law project after three meetings in the following order:

– At the first meeting, the procedures for considering and discussing the law project are the same as those in Clause 1 Article 75 of Vietnam Law on Promulgation of legislative documents;

– During the interval between first two meetings of the National Assembly, the draft law shall be considered and revised in the following order:

+ The submitting entity cooperates with the inspecting agency, Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document and making a revision report;

+ Hold a public enquiry into the law project under a decision of Standing Committee of the National Assembly (if any);

+ The inspecting agency inspects the revised law project;

+ Standing Committee of the National Assembly considers and offers opinions about revision of the draft law according to Article 71 of Vietnam Law on Promulgation of legislative documents. The submitting entity shall consider opinions offered by Standing Committee of the National Assembly to revise the law project as prescribed in Article 72 of Vietnam Law on Promulgation of legislative documents;

– At the second meeting:

+ The representative of the submitting entity presents the revision report and result of public enquiry into the law project (if any).

+ The representative of the inspecting agency presents the report on inspection of the revised law project;

+ The National Assembly discusses the law project at the general meeting. Before being discussed at the general meeting, the law project discussed by groups of deputies of the National Assembly;

During the discussion, the representative of the submitting entity must explain the issues raised by deputies of the National Assembly;

+ The National Assembly cast votes on important, major, and issues in dispute of the law project at the request of Standing Committee of the National Assembly.

The inspecting agency shall take charge and cooperate with the submitting entity, the secretary general of the National Assembly, and relevant organizations in assisting Standing Committee of the National Assembly in anticipating important, major and issues in dispute of law project to be put on the vote by the National Assembly;

+ Standing Committee of the National Assembly requests the secretary general of the National Assembly to aggregate opinions offered by deputies of the National Assembly and votes as the basis for revision;

– During the interval between the second and third meetings of the National Assembly, Standing Committee of the National Assembly shall direct the revision of the draft document in the following order:

+ The submitting entity cooperates with the inspecting agency, Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document and making a revision report. The inspecting agency holds a meeting with the submitting entity, Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

+ Standing Committee of the National Assembly considers and discusses the draft revision contract and revised draft document; If the submitting entity does not concur with the inspecting agency with regard to revision of the draft document, the representative of the submitting entity shall submit a report to Standing Committee of the National Assembly for consideration;

+ Standing Committee of the National Assembly sends the revised draft document and revision report to deputies of the National Assembly, Ethnics Committee, and other Committees of the National Assembly at least 45 days before the first meeting date.

+ Standing Committee of the National Assembly sends the revised draft document and revision report to deputy of the National Assembly, Ethnics Committee, and other Committees of the National Assembly at least 20 days before the first meeting date of the National Assembly.

+ The inspecting agency aggregate opinions offered by deputies of the National Assembly, Ethnic Committees, and other Committees of the National Assembly to cooperate with the submitting entity in revising the draft document and complete the revision report to be submitted to Standing Committee of the National Assembly.

– At the third meeting, the procedures for considering approval for the law project are the same as those in Clause 3 Article 75 of Vietnam Law on Promulgation of legislative documents

In case the draft law is not approved or only partially approved, the National Assembly shall consider it at the request of Standing Committee of the National Assembly.

Procedures for considering approval for an ordinance project or draft resolution of Standing Committee of the National Assembly

– Standing Committee of the National Assembly shall consider approval for an ordinance project or draft resolution after one meeting in the following order:

+ The representative of the proposing entity presents the project or draft document;

+ The representative of the inspecting agency presents the inspection report;

+ Representatives of other attending agencies, organizations and individuals offer their opinions;

+ Standing Committee of the National Assembly discusses; the chair draws a conclusion;

+ The inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document. The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

+ At least 07 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

+ The representative of the inspecting agency reports the revision of the draft document to Standing Committee of the National Assembly.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to Standing Committee of the National Assembly for consideration;

+ Standing Committee of the National Assembly casts votes on approval for the draft document. If the draft document is still in dispute, Standing Committee of the National Assembly shall cast votes on the remaining issues at the request of the chair before the draft document is put on the vote;

+ The President of the National Assembly signs the ordinance or resolution of Standing Committee of the National Assembly.

– Standing Committee of the National Assembly shall consider approval for an ordinance project or draft resolution after two meeting in the following order:

+ At the first meeting, the procedures are the same as those prescribed in Points a, b, c, d Clause 1 of this Article. Standing Committee of the National Assembly discusses and cast votes on important, major issues of the project or draft document at the request of the inspecting agency as the basis for revision;

+ During the interval between two meetings, the inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document as directed by Standing Committee of the National Assembly. The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

+ At least 05 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

+ At the second meeting, the representative of the inspecting agency reports the revision of the draft document to Standing Committee of the National Assembly.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to Standing Committee of the National Assembly for consideration;

+ Standing Committee of the National Assembly casts votes on approval for the draft document. If the draft document is still in dispute, Standing Committee of the National Assembly shall cast votes on the remaining issues at the request of the chair before the draft document is put on the vote;

+ The President of the National Assembly signs the ordinance or resolution of Standing Committee of the National Assembly.

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