Vietnam law has regulations on the power to promulgate legislative documents. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to know who has competence to promulgate law, resolutions, ordinances and other types of legislative documents in Vietnam? Thanks for answering me!”
Legal grounds
- 2015 Vietnam Law on Promulgation of legislative documents
Regulations on laws, resolutions of the National Assembly
– The National Assembly shall promulgate laws to prescribe:
+ Organizational structure and operation the National Assembly, the President, the Government, People’s Courts, the People’s Procuracies, National Election Council, State Audit Office of Vietnam, local governments, administrative – economic units, and other agencies established by the National Assembly;
+ Human rights, basic rights and obligations of citizens that must be prescribed by law according to the Constitution, restrictions on human rights and citizenship; crimes and punishments;
+ Basic policies on national finance and state budget; imposition, adjustment, or cancellation of taxes;
+ Basic policies on culture, education, healthcare, science, technology, and environment;
+ National defense and security;
+ Policies on ethnics and religions of the State;
+ Ranks in the People’s armed forces; diplomatic ranks; other state ranks; medals and honorable titles of the State;
+ Basic diplomatic policies;
+ Referendum;
+ Mechanism for protection of the Constitution;
+ Other issues within the competence of the National Assembly.
– The National Assembly shall promulgate resolutions to prescribe:
+ Ratio of distribution of revenues and obligatory expenditures between central government budget and local government budgets;
+ Pilot implementation of some new policies within the competence to decide of the National Assembly that are not regulated by any law or different from applicable regulations of law;
+ Suspend or extend the implementation period of the whole or part of a law or resolution of the National Assembly in order to meet urgent requirements for socio-economic development, assurance of human rights and citizenship;
+ Prescribe states of emergency and other special measures for ensuring national defense and security;
+ Declare amnesty;
+ Decide issues within the competence of the National Assembly.
Regulations on Ordinances and resolutions of Standing Committee of the National Assembly
– Standing Committee of the National Assembly shall promulgate ordinances to decide the issues assigned by the National Assembly.
– Standing Committee of the National Assembly shall promulgate resolutions to prescribe:
+ Explain the Constitution, laws, and ordinances;
+ Suspend or extend the implementation period of the whole or part of an ordinance or resolution promulgated by Standing Committee of the National Assembly to meet urgent requirements for socio-economic development;
+ Annul ordinances and resolutions promulgated by Standing Committee of the National Assembly; in case an ordinance is annulled, Standing Committee of the National Assembly must submit a report to the National Assembly at the nearest meeting;
+ Declare full or partial mobilization; declare, cancel states of emergency nationwide or locally;
+ Provide instructions on operation of the People’s Councils;
+ Decide other issues within the competence of Standing Committee of the National Assembly.
Regulations on Orders and decisions of the President.
The President shall issue orders and decisions to:
– Declare full or partial mobilization; declare, cancel states of emergency according to resolutions of Standing Committee of the National Assembly; declare, cancel states of emergency nationwide or locally in case Standing Committee of the National Assembly is not able to hold a meeting;
– Decide other issues within the competence of the President
Joint resolutions between Standing Committee of the National Assembly or the Government and Management Board of Central Committee Vietnamese Fatherland Front
Committee of the National Assembly or the Government and Management Board of Central Committee Vietnamese Fatherland Front shall promulgate joint resolutions to specify the issues assigned by law.
Regulations on Decrees of the government
The Government shall promulgate decrees to prescribe:
– Specific guidelines for articles, clauses, and paragraphs assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President;
– Specific measures for organizing implementation of the Constitutions, laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President; measures for implementation of socio-economic policies, policies on national defense and security, finance, budget, taxation, ethnics, religions, culture, education, healthcare, science and technology, environment, diplomacy, officials and civil servants, rights and obligations of citizens, and other issues within the management of the Government; issues related to duties and entitlements of two or more Ministries, ministerial agencies; duties, entitlements, and organizational structure of Ministries, ministerial agencies, Governmental agencies, and other agencies under the management of the Government;
– Other necessary issues within the competence of the National Assembly or Standing Committee of the National Assembly but are yet to be made into a law or ordinance. Consent of Standing Committee of the National Assembly must be obtained before this type of decree is promulgated.
Regulations on Decision of the Prime Minister
The Prime Minister shall promulgate decisions to prescribe:
– Operating method of the government and state administration system from central to local government, regulations on working with members of the Government, local governments, and other issues within the competence of the Prime Minister;
– Measures for providing guidelines and coordinating members of the Government; inspecting adherence to policies of Communist Party, policies and laws of the State by Ministries, ministerial agencies, Governmental agencies, and local governments.
Regulations on Resolutions of Judge Council of the People’s Supreme Court
Judge Council of the People’s Supreme Court shall promulgate resolutions to provide guidelines for uniform application of law to adjudication by summarizing application of laws and supervising adjudication.
Regulations on Circulars of executive judge of the People’s Supreme Court
executive judge of the People’s Supreme Court shall promulgate circulars to manage People’s Courts and martial courts in terms of organizational structure and other issues assigned by the Law of Organizational structure of People’s Courts and relevant laws.
Regulations on Circulars of Chief Procurator of the Supreme People’s Procuracy
Chief Procurator of the Supreme People’s Procuracy shall promulgate circulars elaborating issues assigned by the Law of Organizational structure of the People’s Procuracies and relevant laws.
Regulations on Circulars of Ministers and Heads of ministerial agencies
Ministers and Heads of ministerial agencies promulgate Circulars to prescribe:
– Specific guidelines for articles, clauses, and paragraphs assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President, decrees of the Government, and decisions of the Prime Minister;
– Measures for performing their state management functions.
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
Executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; Ministers, Heads of ministerial agencies and Executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy shall promulgate Joint Circulars to specify their cooperation in implementation of proceedings
Regulations on Resolutions of the People’s Councils of provinces
The People’s Councils of provinces shall promulgate resolutions to prescribe:
– Specific guidelines for articles, clauses, and paragraphs assigned in the legislative documents promulgated by superior agencies;
– Policies, measures for ensuring implementation of the Constitution, laws, and legislative documents promulgated by superior agencies;
– Measures for socio-economic development, local budget, and national defense and security;
– Special measures that suit the local socio-economic development.
Regulations on Decisions of the People’s Committees of provinces.
The People’s Committees of provinces shall promulgate decisions to prescribe:
– Specific guidelines for articles, clauses, and paragraphs assigned in the legislative documents promulgated by superior agencies;
– Measures for implementation of the Constitutions, laws, and legislative documents promulgated by superior agencies, resolutions of the People’s Councils at the same administrative level on socio-economic development, local budget, and national defense and security;
– Measures for performing their state management functions locally.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
The National Assembly shall promulgate laws to prescribe organizational structure and operation the National Assembly, the President, the Government, People’s Courts, the People’s Procuracies, National Election Council, State Audit Office of Vietnam, local governments, administrative – economic units, and other agencies established by the National Assembly;
The National Assembly promulgate laws to prescribe human rights, basic rights and obligations of citizens that must be prescribed by law according to the Constitution, restrictions on human rights and citizenship; crimes and punishments;
Standing Committee of the National Assembly shall promulgate ordinances to decide the issues assigned by the National Assembly.
Conclusion: So the above is The power to promulgate legislative documents in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
