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| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 52-L/CTN | Hanoi ,Novermber 12 ,1996 |
ON THE PROMULGATION OF LEGAL DOCUMENTS
In order to improve the quality and effectiveness of legislative work, institutionalize in time the Party lines and policies, meet the requirements of the social management by law, and build the law-governed State of the Socialist Republic of Vietnam
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for the competence, procedures and order of the promulgation of legal documents.
A legal document is a document issued by a competent State agency according to the procedure and order prescribed by law, including the common rules of conduct the implementation of which is guaranteed by the State and aims to regulate social relations along the socialist orientation.
The system of legal documents includes:
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The documents promulgated by the Standing Committee of the National Assembly: ordinances and resolutions;
2. The documents issued by the other competent State agencies at central level to implement the legal documents of the National Assembly and the Standing Committee of the National Assembly;
a/ Orders and decisions of the State President;
b/ Resolutions and decrees of the Government; decisions and directives of the Prime Minister;
c/ Decisions, directives and circulars of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government;
d/ Resolutions of the Justice Council of the Supreme People’s Court; decisions, directives and circulars of the Chairman of the Supreme People’s Procuracy;
d/ Inter-agency resolutions and joint circulars of competent State agencies and between competent State agencies and socio-political organizations;
3. The documents issued by the People’s Councils and the People’s Committees to implement the legal documents of the National Assembly, the Standing Committee of the National Assembly and the documents of higher-level State agencies; and the documents issued by the People�s Committees to implement the resolutions of the People’s Councils of the same level.
a/ Resolutions of the People’s Councils;
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Article 2.- Constitutionality, legality and uniformity of the system of legal documents
The Constitution is the fundamental law of the State having the highest legal effect.
All legal documents promulgated must conform with the Constitution and ensure the uniformity and the rank of its legal effect in the legal system.
All legal documents issued by a lower-level State agency must conform with the legal documents of the higher-level State agencies.
Any legal document which is contrary to the Constitution and the legal documents of the higher-level State agencies must be annulled or suspended by a competent State agency.
Article 3.- Suggestions and comments to elaborate legal documents
1. The Vietnam Fatherland Front and its member organizations, other social organizations, all economic organizations, State agencies, People’s Armed Forces units and citizens have the right to contribute suggestions and comments to the elaboration of legal documents.
2. During the process of elaborating a legal document the concerned agencies and organizations shall, depending on the nature and contents of the draft document, create conditions for the agencies, organizations and individuals defined in Item 1 of this Article to contribute suggestions and comments or accept these comments to elaborate the legal document.
Article 4.- Effect of legal documents
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Article 5.- Language of legal documents
A legal document shall be written in the Vietnamese language.
The language used in the document must be accurate, comprehensible to the public, the expression must be plain and easy to understand. For technical terms the meaning of which needs to be specified, they must be defined in the document.
A legal document may be translated into the languages of the ethnic minorities.
Article 6.- The serial number and code of legal documents
A legal document must be numbered and record the year of its issue and the code of its type.
Article 7.- Documents stipulating in details the implementation of other legal documents
1. The implementation of a law, ordinance or another legal document must be stipulated in details so that it can be immediately implemented after taking effect.
Where a law or ordinance contains an article or item which needs to be stipulated in details in another document, such article or item must clearly identify the State agency competent to stipulate these details together with the time limit for the issue of the document.
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Article 8.- Revising and systematizing legal documents
The State agencies shall, within the scope of their tasks and powers, have to regularly revise and periodically systematize the legal documents; when detecting an illegal, contradictory or overlapping provision or provision which is no longer suitable to the situation of national development, they shall either by themselves or recommend a competent State agency to make timely amendments, supplements or replacements, or to annul or suspend its implementation.
An agency, organization or citizen has the right to request a competent State agency to consider amending, supplementing, replacing, annulling or suspending the implementation of legal documents.
A legal document shall be amended, supplemented, replaced or annulled only by another legal document issued by the State agency which has issued that document, annulled or suspended by a document of a competent State agency.
A legal document that amends, supplements, annuls or suspends the implementation of another document must clearly state the name of the document, item(s) or article(s) to be amended, supplemented, replaced, annulled or suspended.
A legal document that has not yet been amended, supplemented, replaced, annulled or the implementation of which has not yet been suspended by a competent agencyshall remain effective and must be strictly observed.
Article 10.- Publishing in the Official Gazette, posted up and carried on the mass media
A legal document must be published in the Official Gazette, posted up for public notice, be carried on the mass media except for documents containing State secrets.
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The Government shall exercise unified management over the Official Gazette of the Socialist Republic of Vietnam.
A legal document of the People’s Council or the People’s Committee must be posted up for public notice at the main office of the issuing agency and other places decided by the People�s Council or the People’s Committee.
Article 11.- Sending and filing legal documents
1. A legal document must be sent in time to the State agency of immediate higher level and to the concerned State agencies and socio-political organizations.
2. The original of a legal document must be filed in accordance with the legislation on archives.
Article 12.- Translating legal documents into foreign languages
A legal document may be translated into foreign languages.
The Government shall provide for the translation of legal documents into foreign language(s).
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1. The National Assembly is the sole agency having constitutional and legislative right
The National Assembly makes the Constitution and amends it.
The drafting, adoption, promulgation and amending of the Constitution and the procedure and order for interpreting the Constitution shall be provided for by the National Assembly.
2. In pursuance to the Constitution, the National Assembly shall promulgate laws and resolutions .
3. In pursuance to the Constitution, laws and resolutions of the National Assembly, the Standing Committee of the National Assembly shall promulgate ordinances and resolutions .
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the State President shall promulgate orders and decisions.
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In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, the Prime Minister shall issue decisions and directives.
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, decisions and directives of the Prime Minister, the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government shall issue decisions, directives and circulars.
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the Justice Council of the Supreme People’s Court shall issue resolutions, the Director of the Supreme People’s Procuracy shall issue decisions, directives and circulars.
Article 18.- Competence to promulgate joint legal documents
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, the decisions and directives of the Prime Minister, the following agencies and organizations may coordinate in issuing joint legal documents to guide the implementation of legal documents related to their functions, tasks and powers.
1. The Ministries, the ministerial-level agencies and the agencies attached to the Government;
2. The Ministries, the agencies attached to the Government and the Supreme People’s Court and/or the Supreme People’s Procuracy;
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4. The competent State agencies and the socio-political organizations in cases where such organizations, as provided for by law, participate in State management.
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the documents of the higher-level State agencies, the People’s Councils shall issue resolutions
In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the documents of the higher-level State agencies, the resolutions of the People’s Councils of the same level, the People’s Committees shall issue decisions and directive.
The competence, procedure and order for the promulgation of resolutions by the People’s Councils and of decisions and directives by the People’s Committees shall be provided for by law.
LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 20.- Laws and resolutions of the National Assembly
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2. Resolutions are issued by the National Assembly to decide the socio-economic development plans, national fiscal and monetary policies, policies on nationalities, religion, external relations, defense, security, State budget estimates and allocations, adjustment of the State budget, approve the final State budget statement, ratify international agreements, decide the working regime of the National Assembly, the Standing Committee of the National Assembly, the Council on Nationalities, the Commissions of the National Assembly, the National Assembly deputies; and decide other issues under the jurisdiction of the National Assembly.
Article 21.- Ordinances and resolutions of the Standing Committee of the National Assembly
1. The ordinances shall provide for the matters assigned by the National Assembly, which shall be submitted, after being implemented for a period of time, to the National Assembly for consideration and decision to be passed into laws.
2. Resolutions are issued by Standing Committee of the National Assembly to interpret the Constitution, laws and ordinances, to supervise the observance of the Constitution and the legal documents of the National Assembly and the Standing Committee of the National Assembly, to supervise the work of the Government, the Supreme People’s Court and the Supreme People’s Procuracy, to supervise and guide the work of the People’s Councils, declare the state of war, the national or regional mobilization, declare the state of emergency on a general or limited scale and decide other issues under the jurisdiction of the Standing Committee of the National Assembly.
Section 2. PROGRAM ON THE ELABORATION OF LAWS AND ORDINANCES
Article 22.- Working out and adopting the program
1. The law and ordinance-elaborating program shall be worked out on the basis of the Party’s lines and policies, the strategy on socio-economic development, defense, security and the State managerial requirements in each period while ensuring the citizens’ rights and obligations.
2. The agencies, organizations or National Assembly deputies having the right to submit bills as stipulated in Article 87 of the 1992 Constitution shall send the proposal to draft a law(s) or ordinance(s) to the Standing Committee of the National Assembly and concurrently to the Government, which must clearly state the necessity to promulgate the document(s), define the objects and scope of regulation, the necessary conditions for the drafting of the document(s); recommendations on a law(s) or ordinance(s) of a National Assembly deputy shall also be sent to the Standing Committee of the National Assembly and the Government.
The Government shall work out a tentative program on the elaboration of laws and ordinances regarding the issues under the scope of its functions, tasks and powers, submit it to the Standing Committee of the National Assembly, and give comments on the proposals to elaborate laws and ordinances of other agencies, organizations and the National Assembly deputies, as well as the recommendations of the National Assembly deputies on laws and ordinances.
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4. Basing itself on the Government’s tentative program on the elaboration of laws and ordinances, the proposals of other agencies, organizations and the National Assembly deputies on the elaboration of laws and ordinances, the recommendations of the National Assembly deputies on laws and ordinances, and the evaluation opinions of the Law Commission, the Standing Committee of the National Assembly shall draft the program on the elaboration of laws and ordinances and submit it to the National Assembly for decision.
5. The program on the elaboration of laws and ordinances shall consist of the program on the elaboration of laws and ordinances for each term of the National Assembly and the annual programs on the elaboration of laws and ordinances.
6. In the first year of each term, the National Assembly shall decide a program on the elaboration of laws and ordinances for the whole term, decide the annual program on the elaboration of laws and ordinances at the year-end session of the preceding year.
Article 23.- Adjusting the program
When deeming it necessary, the National Assembly shall decide to adjust the program on the elaboration of laws and ordinances.
When an agency, organization or National Assembly deputy files a motion to adjust the program on the elaboration of laws and ordinances, it must make a report stating clearly the reason for the adjustment.
The procedure and order for the adjustment of the program on the elaboration of laws and ordinances shall be implemented in accordance with Article 22 of this Law.
Article 24.- Guaranteeing the execution of the program
The Standing Committee of the National Assembly shall guide the execution of the program on the elaboration of laws and ordinances.
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Article 25.- Setting up the Drafting Committee
1. The agency or organization submitting a bill or draft ordinance shall set up a Drafting Committee. If the bill or draft ordinance relates to various branches and fields, the Standing Committee of the National Assembly shall set up a Drafting Committee composed of competent representatives from the concerned agencies and organizations.
With regard to a bill submitted by the Standing Committee of the National Assembly, it shall set up a Drafting Committee. With regard to a bill or draft ordinance submitted by the Council on Nationalities, a Commission of the National Assembly or a National Assembly deputy or the Standing Committee of the National Assembly shall set up a Drafting Committee at the proposal of the agency or the National Assembly deputy submitting the draft document.
2. The Drafting Committee shall undertake the drafting of a law or ordinance.
The Drafting Committee shall be accountable to the agency, organization or National Assembly deputy submitting the bill for the drafting tempo and quality of the draft document.
3. The concerned agencies and organizations participating in the Drafting Committee shall have to give written comments on the contents related to their specialties and shall take responsibility for their comments.
Article 26.- Drafting laws and ordinances
When drafting a bill or draft ordinance, the Drafting Committee shall carry out the following activities:
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2. Organizing the study of information and documents related to the draft document;
3. Outlining, compiling and revising the draft document.
4. Gathering comments from the concerned agencies, organizations and individuals in the forms appropriate to the characteristics of each draft document;
5. Preparing the report on and other documents related to the draft document. The report must state clearly the necessity of the promulgation, objectives, requirements, scope, objects and main contents of the draft document, the matters that require guiding opinions and the matters where opinions still differ;
6. Coordinating with the concerned agencies, organizations and individuals in preparing the drafting of detailed documents and guiding the implementation of the draft document;
7. When drafting a law or ordinance, the international agreements, which the Socialist Republic of Vietnam has signed or acceded to, must be taken into account.
Article 27.- Structure of laws and ordinances
1. A law or ordinance must have a name and the legal bases for its promulgation. Depending on its contents, the law or ordinance may comprise a preamble, and be structured into parts, chapters, sections, articles, items and points; each part, chapter or section must have a title.
2. A law or ordinance promulgated must identify the documents, articles and items of the documents to be annulled.
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a/ To direct the Drafting Committee and regularly give comments on the drafting;
b/ To request the concerned agencies, organizations and individuals to supply materials and information related to the draft document;
c/ To invite specialists to take part in the drafting;
d/ To consider and decide the submission of the bill to the National Assembly, and of the draft ordinance to the Standing Committee of the National Assembly. If the agency or organization fails to submit the bill or draft ordinance on schedule, it must report in time to the Standing Committee of the National Assembly and clearly state the reason;
2. The National Assembly deputy submitting the bill or draft ordinance shall have the tasks and powers defined in Points a, b and d, Item 1 of this Article. The Office of the National Assembly must ensure the necessary conditions for the Drafting Committee of the bill or draft ordinance submitted by the National Assembly deputy.
Article 29.- Responsibilities of the Government for the bills and ordinances
1. The Government shall have to collectively consider and discuss the bills and ordinances submitted by the Government, decide by majority vote the submission of a bill to the National Assembly or a draft ordinance to the Standing Committee of the National Assembly. With regard to the bills and ordinances submitted by the other agencies, organizations and the National Assembly deputies, the Government shall have to give its written comments.
2. The Ministries, the ministerial-level agencies, the agencies attached to the Government shall have to give written comments on the bills and draft ordinances which directly relate to their managerial functions and tasks.
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The Vietnam Fatherland Front and its member organizations shall have the right to make comments on the bills or draft ordinances.
With regard to the bills and draft ordinances related to the functions, tasks and powers of the Vietnam Fatherland Front and its member organization, the provisions on the basic rights and obligations of citizens and on the organizations of the State apparatus, the drafting agency shall have to send the drafts to the Vietnam Fatherland Front and its member organizations for comments.
The resolutions of the National Assembly or resolutions of the Standing Committee shall be drafted, by assignment of the National Assembly, the Standing Committee of the National Assembly, the Council on Nationalities, a Commission of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy or another concerned agency or organization. The draft resolution shall be sent to the concerned agencies, organizations and individuals for comments.
Article 32.- Evaluation by the Council on Nationalities and the Commissions of the National Assembly
1. Before being submitted to the National Assembly or the Standing Committee of the National Assembly, the bills and draft resolutions of the National Assembly, a draft ordinance or resolution of the Standing Committee of the National Assembly must be evaluated by the Council on Nationalities and the concerned Commissions of the National Assembly (referred to as the evaluating agencies).
When the Standing Committee of the National Assembly submits a bill, the National Assembly shall decide the evaluating agency or set up a Provisional Committee to evaluate such bill; with regard to bills, draft ordinances and resolutions submitted by the Council on Ethnicities or a Commission of the National Assembly, the Standing Committee of the National Assembly shall decide the evaluating agency.
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3. With regard to the bills, ordinances or resolutions evaluated by the Council on Nationalities, or by another Commission of the National Assembly, the Law Commission of the National Assembly shall take part in the evaluation to ensure the constitutionality, legality and uniformity of the legal system.
Article 33.- Time limit for sending bills, draft ordinances and resolutions for evaluation
Not later than 30 days before the opening of a National Assembly session or not later than 20 days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy that submits a draft document must send a report together with the bill, ordinance or resolution to the evaluating agency for evaluation.
Article 34.- Scope of evaluation
The evaluating agency shall evaluate all the aspects of the bill, ordinance or resolution. However, it shall focus on the following major issues:
1. The necessity of the promulgation of the bill, ordinance or resolution; objects and scope of regulation;
2. The conformity of the draft document with the Party�s lines and policies; the document�s constitutionality, legality and uniformity with the legal system;
3. The observance of the drafting procedure and order;
4. The feasibility of the draft document.
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A bill, ordinance or resolution may be evaluated once or more than once.
With regard to the bills, ordinances or resolutions submitted to the Standing Committee of the National Assembly for comments, it must be preliminarily evaluated by the evaluating agency.
With regard to the bills or draft ordinances submitted to the National Assembly, and the draft ordinances or resolutions submitted to the Standing Committee of the National Assembly for consideration and adoption, they must be officially evaluated by the evaluating agency.
When conducting an official evaluation, the evaluating agency must convene plenary sessions.
In cases where the evaluation of a bill, ordinance or resolution is assigned to more than one agency, the agency with the main responsibility for the evaluation shall have to convene joint meetings for the evaluation.
The evaluation report must reflect all the opinions made by the members of the evaluating agency.
Not later than twenty days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting the bill or draft resolution must send a report together with the draft document and the related materials to the evaluating agency for preliminary evaluation.
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Article 37.- Order of considering and giving comments on bills and resolutions
1. Depending on the nature and contents of a bill or draft resolution, the Standing Committee of the National Assembly may consider and give comments on the bill or draft resolution once or more than once.
2. The Standing Committee of the National Assembly shall consider and give comments on a bill or draft resolution in the following order:
a/ The representative of the agency, organization or National Assembly deputy submitting the bill or draft resolution makes a presentation on the draft document and the issues related to the contents of the draft document to be commented on;
b/ The representatives of the evaluating agency presents the evaluation report;
c/ The representatives of the invited agencies, organizations and individuals give their comments;
d/ The members of the Standing Committee of the National Assembly start discussion;
e/ The chairman of the meeting makes the concluding remarks.
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If the agency, organization or National deputy submitting the bill or draft ordinance has any opinions which differ from the comments of the Standing Committee of the National Assembly, such opinions should be reported to the National Assembly for consideration and decision.
Section 6. SOLICITING PUBLIC COMMENTS ON BILLS AND DRAFT ORDINANCES
Article 39.- Deciding the solicitation of public comments on bills and ordinances
1. Depending on the nature and content of a bill or draft ordinance, the National Assembly or the Standing Committee of the National Assembly shall decide to solicit public comments on the bill or draft ordinance.
2. The contents, scope, mode and time of soliciting public comments on the bill or draft ordinance shall be decided by the Standing Committee of the National Assembly.
The Standing Committee of the National Assembly shall direct the solicitation and acceptance of public comments for revising the draft document.
Article 40.- Making comments on bills and ordinances
1. Citizens shall give their comments on bills and/or draft ordinances through their agencies and organizations, either directly or by mail to the Office of the National Assembly, the drafting agency or organization, or through the mass media.
2. The Vietnam Fatherland Front and its member organizations, State agencies, social and economic organizations and People’s Armed Forces units shall have to organize and create conditions for citizens of their organizations, agencies and units to give their comments on the bills or draft ordinances.
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Public comments on bills and/or draft ordinances must be gathered, studied and accepted to revise the draft document.
The Office of the National Assembly shall have to gather fully the public comments.
The agency, organization or National Assembly deputy submitting the darft document shall coordinate with the evaluating agency in studying and accepting the public comments, revising the draft document and making a report to the Standing Committee of the National Assembly.
During the drafting process, a bill shall be sent to the National Assembly deputies for comments if it is so agreed by the Standing Committee of the National Assembly.
Not later than twenty days before the opening of a National Assembly session, the bill must be sent to the National Assembly deputies.
The Delegations of National Assembly deputies shall have to hold discussions on the bill in their respective localities and send the minutes of the discussions to the Office of the National Assembly not later than seven days before the opening of a session.
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The Delegations of National Assembly deputies shall hold discussions on the draft ordinance in their respective localities and send the minutes on the discussions not later than seven days before the opening of a meeting of the Standing Committee of the National Assembly.
The Office of the National Assembly shall have to gather comments of the National Assembly deputies and the Delegations of National Assembly deputies on a bill or draft ordinance. The agency, organization or individual submitting the draft document shall coordinate with the evaluating agency in studying and accepting comments of the National Assembly deputies and the Delegations of National Assembly deputies for revising the draft document.
Article 45.- Order for considering and adopting bills
1. Depending on the nature and content of a bill, the National Assembly may consider the bill at one or more than one session of the National Assembly. If the bill is considered at more than one session of the National Assembly, at the first session, the National Assembly shall discuss and give comments on the objects and scope of regulation, the basic contents and the issues on which opinions differ. The agency, organization or National Assembly deputy submitting the bill shall have to accept the comments and revise the draft document accordingly.
2. The National Assembly shall consider and adopt the bill in the following order:
a/ The representative of the agency, organization or National Assembly deputy submitting the draft document makes a presentation on the draft document;
b/ The representative of the evaluating agency presents the evaluation report;
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During the course of deliberation, the agency, organization or National Assembly deputy submitting the draft document may make a complementary reports on the issues related to the draft document;
d/ The secretariat of the session shall coordinate with the evaluating agency and the drafting agency in accepting the comments of the National Assembly deputies, planning the revision of the draft document and reporting it to the Drafting Committee of the National Assembly before submitting it to the National Assembly for decision.
With regard to bills involving many complicated matters were opinions still differ, the National Assembly may set up a work team consisting of representatives from the evaluating agency, the drafting agency, a number of National Assembly deputies and a number of specialists to revise the bill;
e/ The National Assembly shall adopt the bill by voting article by article, chapter by chapter and listening to its full text before voting, or listening to the full text of the document and then voting it at one time.
The bill shall be adopted when more than half of the total number of the National Assembly deputies vote for.
3. The Chairman of the National Assembly signs to certify the law.
4. If the bill is not yet adopted, the National Assembly gives comments on the issues to be further revised and assign the agency, organization or National Assembly deputy submitting the draft document to coordinate with the evaluating agency in revising it in a time limit decided by the National Assembly.
Article 46.- Order for considering and adopting draft resolutions of the National Assembly
1. Depending on the nature and contents of a draft resolution, the National Assembly may consider the draft document at one or more than one session.
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a/ The representative of the agency or organization assigned to prepare the draft resolution makes a presentation and read the full text of the draft document;
b/ The representative of the evaluating agency presents the evaluation report;
c/ The National Assembly start discussions;
d/ The National Assembly adopts the draft resolution by voting issue by issue then the whole of the draft document or voting the whole of the draft document at one time.
A draft resolution shall be adopted when more than half of the total number of the National Assembly deputies vote for it, except in cases defined in Article 88 of the 1992 Constitution.
3. The Chairman of the National Assembly signs to certify the Resolution of the National Assembly.
Article 47.- Order for considering and adopting draft ordinances
1. Depending on the nature and contents of a draft ordinance, the Standing Committee of the National Assembly may consider the draft document at one or more than one meeting.
2. The Standing Committee of the National Assembly shall consider and adopt a draft ordinance in the following order:
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b/ The representative of the evaluating agency presents the evaluation report;
c/ The representatives of the agencies, organizations and individuals invited to the meeting give their comments;
d/ The members of the Standing Committee of the National Assembly start discussions;
e/ The chairman of the meeting makes the concluding remarks;
f/ The Standing Committee of the National Assembly votes.
The draft ordinance shall be adopted when more than half of the total number of the total members of the Standing Committee of the National Assembly deputies vote for.
3. The Chairman of the National Assembly signs the ordinance.
4. If the draft ordinance is not yet adopted then the Standing Committee of the National Assembly shall give comments on the issues to be further revised and assign the agency, organization or National Assembly deputy submitting the draft document to coordinate with the evaluating agency in making the revision within the time limit decided by the Standing Committee of the National Assembly.
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2. The Standing Committee of the National Assembly shall consider and adopt a draft resolution in the following order:
a/ The representative of the agency or organization assigned to prepare the draft resolution makes a presentation and reads the full text of the draft document;
b/ The representative of the evaluating agency presents the evaluation report;
c/ The representatives of the agencies, organizations and individuals invited to the meeting give their comments;
d/ The members of the Standing Committee of the National Assembly start discussions;
e/ The chairman of the meeting makes the concluding remarks;
f/ The Standing Committee of the National Assembly votes.
The draft resolution shall be adopted when more than half of the total number of the members of the Standing Committee of the National Assembly deputies vote for.
3. The Chairman of the National Assembly signs the resolution of the Standing Committee of the National Assembly.
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If the State President requests the Standing Committee of the National Assembly to revise an ordinance or resolution already adopted by the Standing Committee of the National Assembly as prescribed in Item 7, Article 103 of the 1992 Constitution, the Standing Committee of the National Assembly shall reconsider the issues raised by the State President. If such ordinance or resolution is still voted for the Standing Committee of the National Assembly and the State President still disagrees, the State President shall submit the matter to the National Assembly for decision at the next session.
Article 50.- Promulgating laws and resolutions of the National Assembly
The State President shall issue an order to promulgate a law(s) or resolution(s) of the National Assembly, if the promulgation of such resolution(s) is under the jurisdiction of the State President, not later than fifteen days from the date on which the law or resolution is passed.
1. The State President shall issue an order to promulgate an ordinance(s) or a resolution(s) of the Standing Committee of the National Assembly, if the promulgation of such resolution(s) is under the jurisdiction of the State President, not later than fifteen days from the date on which the ordinance or resolution is passed.
2. With regard to an ordinance or resolution which has been already approved by the Standing Committee of the National Assembly but requested by the State President to be revised or submitted to the National Assembly for decision, the time limit for its promulgation shall not be later than ten days from the date of promulgation by the Standing Committee after the revision or from the date of decision by the National Assembly.
Section 10. INTERPRETATION OF LAWS AND ORDINANCES
Article 52.- Competence to interpret laws and ordinances
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The agencies and organizations defined in Article 87 of the 1992 Constitution and the National Assembly deputies have the right to request the Standing Committee of the National Assembly to interpret laws and ordinances. The Standing Committee of the National Assembly shall consider and decide the interpretation.
Article 53.- Drafting and adopting resolutions to interpret laws and ordinances
1. Depending on the nature and contents of the issues to be interpreted, the Standing Committee of the National Assembly shall assign the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Council on Nationalities or a Commission of the National Assembly to draft a resolution to interpret a law(s) or ordinance(s) and submit it to the Standing Committee of the National Assembly.
2. The Standing Committee of the National Assembly shall consider and adopt a draft resolution to interpret a law(s) or ordinance(s) in the following order:
a/ The representative of the concerned agency, organization or National Assembly deputy(ies) requesting the interpretation invited to the meeting presents their opinions;
b/ The representative of the agency assigned to prepare the draft resolution of interpretation explains and reads its full text;
c/ The representative of the evaluating agency presents an evaluation report on the conformity of the draft resolution of interpretation with the spirit and contents of the interpreted document;
d/ The representative of the agency, organization or individual invited to the meeting give their comments;
e/ The members of the Standing Committee of the National Assembly start discussions;
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g/ The Standing Committee of the National Assembly votes.
The draft resolution of interpretation shall be adopted when more than half of the total number of the members of the Standing Committee of the National Assembly vote for.
3. The Chairman of the National Assembly signs the resolution on the interpretation of the law or ordinance.
4. The resolution on the interpretation of the law or resolution shall be published in the Official Gazette and made public over the mass media.
LEGAL DOCUMENTS OF THE STATE PRESIDENT
Article 54.- Orders and decisions of the State President
The orders and decisions of the State President shall be issued pursuant to the tasks and powers of the State President as prescribed by the Constitution and law.
Article 55.- Drafting orders and decisions
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2. The agency assigned with the drafting shall organize the study and drafting of the order or decision.
3. Depending on the contents of the draft order or decision, the State President shall decide the solicitation of comments from the concerned agencies, organizations and individuals.
4. The agency assigned with the drafting shall revise the draft order or decision and report the State President on the draft document and the comments of the concerned agencies, organizations and individuals.
5. The State President shall consider and sign the order or decision.
Article 56.- Resolutions and decrees of the Government
1. Resolutions of the Government are issued to decide specific policies on the building and strengthening of the State administrative apparatus from the central to grassroots level, to guide and supervise the People’s Councils in the implementation of documents issued by higher-level agencies; to ensure the observance of the Constitution and law by the State agencies, social organizations, People’s Armed Forces units and citizens; to implement the policies on social affairs, nationalities and religion; to decide specific State budget and monetary policies; to develop culture, education, health, science, technology and environmental protection; to consolidate and enhance defense and security; to manage in a uniform way the State external affairs, measures to protect the citizens’ legitimate rights and interests; measures to combat bureaucratism and corruption in the State apparatus; to ratify the international agreements under the jurisdiction of the Government.
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a/ Decrees stipulating in details the implementation of the laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly; the orders and decisions of the State President; defining the tasks, powers and organizational apparatus of the Ministries, the ministerial-level agencies, the agencies attached to the Government and other agencies established under the jurisdiction of the Government; the concrete measures to perform the tasks and exercise the powers of the Government;
b/ Decrees providing for issues which are extremely necessary but which have not gathered enough conditions for the elaboration of laws or ordinances to meet the requirements of the State management and social and economic management. The Standing Committee of the National Assembly shall have to approve the issuance of these decrees.
Article 57.- Decisions and directives of the Prime minister
1. Decisions are issued by the Prime Minister to decide policies and measures to direct and run the operation of the Government and the State administrative system from the central to grassroots level; to stipulate the working regime for the cabinet members, the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government and other issues under the jurisdiction of the Prime Minister.
2. The directives of the Prime Minister shall define measures to direct and coordinate the activities of the cabinet members; promote and supervise the activities of the Ministries, the ministerial-level agencies, the agencies attached to the Government, the People�s Committees of all levels in the implementation of the State policies and laws and the Government decisions.
1. The decisions of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government shall define the organization and operation of the agencies and establishments directly attached to them; set the criteria, procedures, regulations and economic-technical norms for the branches and fields under their charge; determine the measures to perform the function of managing the branches and fields under their charge and other issues assigned by the Government.
2. The directives of the Ministers, the heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall determine the measures to guide, urge, coordinate and supervise the operations of the agencies and establishments in the branches and fields under their charge in the implementation of the legal documents issued by higher-level State agencies and of their own.
3. Circulars are issued by the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government to guide the implementation of the provisions within the scope of the management of the branches and fields under their charge, laid down in the laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, the decisions and directives of the Prime Minister.
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Article 59.- Program on the elaboration of resolutions and decrees
In order to guarantee the enforcement of the laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President and depending on the State management requirements, the Government shall decide the quarterly, six-monthly and annual programs on the elaboration of resolutions and decrees of the Government at its own initiative and the proposals of Ministries, ministerial-level agencies, agencies attached to the Government, concerned agencies, organizations and individuals.
In case of necessity, the Government shall adjust the program on the elaboration of resolutions and decrees.
Article 60.- Setting up the Committees to draft resolutions and decrees
1. The Government shall decide the agency to assume the main responsibility for drafting a resolution or decree.
The agency assuming the main responsibility for drafting shall set up a Drafting Committee after consulting with the concerned Ministries and branches.
2. With regard to a decree defined in Point b, Item 2, Article 56 of this Law, the Government shall decide the setting up of the Drafting Committee.
Article 61.- Drafting resolutions and decrees
When drafting a resolution or decree, the Drafting Committee shall carry out the following activities:
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2. To organize the study and drafting of the draft document;
3. To solicit comments from the concerned agencies, organizations and individuals; synthesize the comments and revise the draft document;
4. To prepare a report together with the draft document and other necessary materials and submit them to the Government.
Article 62.- Giving comments on the elaboration of draft resolutions and decrees
Depending on the nature and contents of a draft resolution or decree, the drafting agency shall send the draft document to the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Supreme People’s Court, the Supreme People’s Procuracy, the concerned agencies and organizations, the People’s Councils, the People’s Committees of the provinces and the cities directly attached to the Government (referred to as provincial level) for comments.
Article 63.- Evaluating draft resolutions and decrees
The Ministry of Justice shall evaluate the draft resolutions and decrees before they are submitted to the Government so as to ensure the constitutionality, legality, uniformity and unity of the documents in the legal system.
Not later than twenty days before the Government meets, the drafting committee must send the draft resolution or decree and the related materials to the Ministry of Justice. The Ministry of Justice shall have to prepare an evaluation report and send it to the Government not later than five days before the opening of the Government’s meeting.
Article 64.- Order for considering and adopting draft resolutions and decrees
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2. At the Government’s meeting, the representative of the drafting agency makes a presentation on the draft document; the Minister of Justice presents on the evaluation of the draft document; the representatives of the agencies and organizations invited to the meeting give their comments;
3. The cabinet members start discussions;
4. The draft resolution or decree shall be adopted by the Government when more than half of the total number of the cabinet members vote for;
5. The Prime Minister signs the resolution or decree;
6. If the draft resolution or decree is not yet adopted, the Government shall give comments on the issues to be revised and set the time limit for resubmitting the draft document.
Article 65.- Drafting and issuing decisions and directives of the Prime Minister
1. The Prime Minister shall assign and direct a committee to draft a decision or directive.
2. The agency assigned with the drafting shall have to elaborate the draft document.
3. Depending on the nature and contents of the draft decision or directive, the drafting agency shall send it to the cabinet members, the Chairmen of the People’s Councils, the Presidents of the People�s Committees at provincial level and the concerned agencies, organizations and individuals for comments.
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5. The drafting agency shall have to revise the draft document and report the comments made by the concerned agencies, organizations and individuals to the Prime Minister.
6. The Prime Minister shall consider and sign the decision or directive.
1. The drafting of a decision, directive or circular shall be assigned and directed by the concerned Minister, the Head of a ministerial-level agency or the Head of an agency attached to the Government to an attached unit.
2. The unit assigned with the drafting shall have to study and elaborate the draft document.
3. Depending on the nature and contents of the draft decision, directive or circular, it shall be sent to the concerned Ministries, ministerial-level agencies and agencies attached to the Government, provincial-level People’s Committees, agencies, organizations and individuals for comments.
4. The unit assigned with the drafting shall revise the draft document and submit it with the comments made by the concerned agencies, organizations and individuals to the Minister, the Head of the ministerial-level agency or the Head of the agency attached to the Government
5. The Minister, the Head of the ministerial-level agency or the Head of the agency attached to the Government shall consider and sign the decision, directive or circular.
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Article 67.- Resolutions of the Justice Council of the Supreme People’s Court
A resolution is issued by the Justice Council of the Supreme People’s Court to guide the Courts to apply laws in a uniform way and to sum up trial experiences.
Article 68.- Drafting and issuing resolutions of the Justice Council of the Supreme People’s Court
1. The drafting of a resolution of the Justice Council of the Supreme People’s Court shall be organized and directed by the Supreme People’s Court.
2. Depending on the nature and contents of the draft resolution, the President of the Supreme People’s Court shall decide the solicitation of comments from the Supreme People’s Procuracy, the Ministry of Justice, the local People’s Courts, the Military Courts and the concerned agencies, organizations and individuals.
3. A draft resolution shall be discussed at a meeting of the Justice Council of the Supreme People’s Court with the participation of the Chairman of the Supreme People’s Procuracy and the Minister of Justice.
4. A draft resolution shall be adopted when more than half of the total number of the members of the Justice Council of the Supreme People’s Court vote for.
If the Chairman of the Supreme People’s Procuracy and/or the Minister of Justice disagree with the resolution of the Justice Council of the Supreme People’s Court, they shall be entitled to report it to the Standing Committee of the National Assembly for consideration and comments at the next session.
5. The President of the Supreme People�s Court shall sign the resolution of the Justice Council of the Supreme People’s Court.
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The decisions, directives and circulars are issued by the Chairman of the Supreme People’s Procuracy to define the measures to ensure the implementation of the tasks and powers of the People’s Procuracies at all levels; define the other issues under the jurisdiction of the Chairman of the Supreme People’s Procuracy.
1. The Chairman of the Supreme People’s Procuracy shall organize and direct the drafting of a decision, directive or circular.
2. The draft decision, directive or circular of the Chairman of the Supreme People’s Procuracy shall be discussed and commented on by the Supervision Commission of the Supreme People’s Procuracy. Depending on the nature and contents of the draft decision, directive or circular, the Chairman of the Supreme People’s Procuracy shall decide to send it to the Supreme People’s Court, the Ministry of Justice, the local People’s Procuracies, the Military Courts and the concerned agencies, organizations and individuals for comments.
3. The Chairman of the Supreme People’s Procuracy shall sign the decision, directive or circular.
Inter-agency circulars between Ministries, ministerial-level agencies and agencies attached to the Government are issued to guide the implementation of the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, resolutions and decrees of the Government and decisions and directive of the Prime Minister related to the functions, tasks and powers of those agencies.
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Joint circulars between the Supreme People’s Court and the Supreme People’s Procuracy, Ministry(ies), ministerial-level agency(ies), agency(ies) attached to the Government and the Supreme People’s Court and the Supreme People’s Procuracy are issued to guide the uniform application of law in the procedural activities and other issues related to the tasks and powers of those agencies.
Joint resolutions and circulars are issued by a competent State agency(ies) and the central office of a socio-political organization to guide the implementation of issues the State management involving such socio-political organizations as prescribed by law.
Article 74.- Drafting and issuing joint legal documents
1. The concerned State agency(ies) and socio-political organization(s) shall agree to assign an agency or organization with the main responsibility for drafting the document.
2. The agency or organization assigned with the main responsibly for the drafting shall have to organize the drafting of the document and solicit comments from the concerned agencies and organizations.
With regard to a draft circular to be issued jointly by a Ministry(ies), a ministerial-level agency or an agency attached to the Government and the Supreme People’s Court or the Supreme People’s Procuracy, it must be commented on by the members of the Justice Council of the Supreme People’s Court and the members of the Supervision Committee of the Supreme People’s Procuracy.
The agency or organization mainly responsible for the drafting shall have to gather comments and revise the draft document.
3. Both the Head of the agency and the Head of the socio-political organization shall sign the joint resolution or circular.
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EFFECT OF LEGAL DOCUMENTS AND PRINCIPLES OF APPLICATION OF LEGAL DOCUMENTS
Article 75.- Effective time of legal documents
1. A law or resolution of the National Assembly, an ordinance or resolution of the Standing Committee of the National Assembly shall take effect from the date on which the State President signs an order to promulgate it, unless such document specifies another effective date.
2. A legal document of the State President shall take effect from the date of its publication in the Official Gazette, unless such document specifies another effective date.
3. A legal document of the Government, the Prime Minister, a Minister, a Head of a ministerial-level agency, a Head of an agency attached to the Government, the Justice Council of the Supreme People’s Court, the Chairman of the Supreme People’s Procuracy or a joint legal document shall take effect fifteen days after its signing or later if so specified in such document. With regard to a legal document of the Government for which the Prime Minister stipulates the implementation measures in an emergency state, it may specify an earlier effective date.
Article 76.- Retroactive effect of legal documents
1. Only in extremely necessary cases a legal document may have a retroactive effect.
2. The retroactive effect shall not be allowed to apply in the following cases:
a/ Determining a new legal responsibility for an act done at a time when no legal responsibility for it is prescribed by law.
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Article 77.- Cases where the effect of legal documents is suspended
1. A legal document of which the implementation is suspended shall cease to be effective until there is a decision of a competent State agency deciding that:
a/ The document is not annulled in which case it shall continue to be effective;
b/ The document is annulled in which case its effect shall expire.
2. The time when a document ceases to be effective, continues to be effective or its effect expired has must be clearly specified in the decision to suspend its implementation or in the decision of the competent State agency to handle it.
3. The decision to suspend the implementation of a legal document or the decision of the competent State agency to handle it must be published in the Official Gazette and publicized over the mass media.
Article 78.- Cases where the effect of legal documents cease to be effective
The effect of a legal document shall expire as a whole or in part in the following cases:
1. Upon the expiration of the effective time specified in the document;
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3. It is annulled by a document of a competent State agency;
4. When the effect of a document expires, the document(s) stipulating in details and guiding the implementation of the document shall also expire except in cases where some part or the whole of such document(s) remains effective because it still conforms to the new legal document(s).
Article 79.- Effect in terms of space and objects of regulation
1. Legal documents of the central State agencies shall be effective on the national scale and apply to all agencies, organizations and citizens of Vietnam, unless otherwise stipulated in the documents.
2. Legal documents of the People’s Councils and the People�s Committees shall be effective on a local scale.
3. Legal documents shall also have effect over foreign agencies, organizations and people in Vietnam, except otherwise provided for by Vietnamese laws or international agreements which the Socialist Republic of Vietnam has signed or acceded to.
Article 80.- Application of legal documents
1. A legal document shall apply from the time it takes effect. A legal document shall apply to an act(s) happening at the time when such document takes effect.
If the document has a provision on retroactive effect, such provision shall apply.
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3. If legal documents issued by the same agency on the same issue have different provisions, the latest document shall apply.
4. If a new legal document stipulates no legal responsibility or a slighter legal responsibility for an act happening prior to the date of its effect, the new document shall apply.
SUPERVISION, EXAMINATION, CONTROL AND HANDLING OF UNLAWFUL DOCUMENTS
Article 81.- The National Assembly supervises and handles illegal documents
1. The National Assembly shall exercise the right of supreme supervision over the legal documents of the competent State agencies defined in Chapter II of this law.
2. At the proposal of the Standing Committee of the National Assembly, the State President, the Council on Nationalities, a Commission of the National Assembly, the Government, the Supreme People�s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front and its member organizations or the National Assembly deputies, the National Assembly shall consider and decide the annulment of part or the whole of a law or resolution of the National Assembly which is contrary to the Constitution, consider and decide the annulment of part or the whole of a legal document of the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister, the Supreme People’s Court and the Supreme People’s Procuracy which is contrary to the Constitution, law and resolutions of the National Assembly.
1. The Standing Committee of the National Assembly shall exercise the right of supervision over the legal documents of the State agencies within the scope of its tasks and powers.
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Article 83.- The Government examines and handles illegal documents
1. the Government shall examine the legal documents of the Ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial-level People’s Councils and People’s Committees.
2. The Prime Minister shall consider and decide the annulment or suspension of the implementation of a part or the whole of a legal document(s) of the Ministers, the Heads of the Ministerial-level agencies, the Heads of the agencies attached to the Government and the provincial-level People’s Committees which is contrary to the Constitution, laws and legal documents of higher-level State agencies; consider and decide the suspension of the implementation of a part or the whole of a resolution(s) of the provincial-level People’s Councils which is contrary to the Constitution, laws and legal documents of higher-level State agencies, and at the same time proposes the Standing Committee of the National Assembly to annul it.
1. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall examine the legal documents of the Ministries, the ministerial-level agencies, the Heads of the agencies attached to the Government, the provincial-level People’s Councils and People’s Committees regarding the contents related to the branches and fields under their charge.
2. The Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government managing the branches and fields shall have the right to recommend the Minister, the Head of a ministerial-level agency or the Head of an agency attached to the Government that has issued a legal document contrary to the document(s) concerning the branches and fields under their charge to annul or suspend the implementation of part or the whole of the document; if such recommendation is not accepted, they can submit it to the Prime Minister for decision; to ask the Prime Minister to suspend the implementation of the resolution of a provincial-level People’s Council which is contrary to the legal documents of the National Assembly, the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister or the Ministries, the ministerial-level agencies, the agencies attached to the Government regarding the branches and fields under the charge of the Ministries, the ministerial-level agencies and the agencies attached to the Government; suspend the implementation and propose the Prime Minister to annul the decision or directive of a provincial-level People’s Committee which is contrary to the legal documents regarding the branches and fields under their charge; if the provincial-level People’s Committee does not agree with the decision on the implementation suspension, it still has to carry out the decision but shall be entitled to refer the matter to the Prime Minister.
The People’s Procuracies shall, within the scope of their tasks and powers, supervise the observance of laws with regard to the legal documents of the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the People’s Councils and the People’s Committees in order to ensure that such documents are not contrary to law.
The Head of a State agency shall have to reply to the protest of the People’s Procuracy within fifteen days from the date of receipt of the protest.
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Article 86.- Funds for the elaboration of legal documents
The funds for the elaboration of legal documents shall be funded by the State budget.
This Laws takes effect from January 1st, 1997.
The Resolution of August 6, 1988 of the State Council on the Regulation on the Elaboration laws and ordinances shall expire from the date this Law takes effect.
This Law was adopted by the IXth National Assembly of the Socialist Republic of Vietnam at its 10th session on November 12, 1996.
THE CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh
- 1Dirrective No. 03/2007/CT-TTg of February 15, 2007 on a number of measures to raise the quality and effectiveness of the publication of legal documents in "CONG BAO" of the socialist republic of Vietnam
- 2Order No. 05/L-CTN of February 28, 2000, promulgating the ordinance amending article 21 of the ordinance on preferential treatment of revolutionaries, fallen heroes and their families, war invalids, diseased soldiers, resistance war activists and people with meritorious services to the revolution
- 3Order No.04/L-CTN of the State President, on promulgating the Ordinance on Negotiable Instruments and the Ordinance on Goods Quality.
- 1Dirrective No. 03/2007/CT-TTg of February 15, 2007 on a number of measures to raise the quality and effectiveness of the publication of legal documents in "CONG BAO" of the socialist republic of Vietnam
- 2Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a number of Articles of the Law on Promulgation of Legal Documents
- 3Decree of Government No. 104/2004/ND-CP of March 23, 2004 on the official gazette of the socialist republic of Vietnam
- 4Decree No. 135/2003/ND-CP of November 14, 2003, on the examination and handling of legal documents
- 5Decree of Government No. 101-CP of September 23, 1997 detailing the implementation of a number of articles of the law on the promulgation of legal documents
- 61992 Constitution of the Socialist Republic of Vietnam
Law No. 52-L/CTN of Novermber 12 ,1996, on the promulgation of legal documents
- Số hiệu: 52-L/CTN
- Loại văn bản: Luật
- Ngày ban hành: 12/11/1996
- Nơi ban hành: Quốc hội
- Người ký: Lê Đức Anh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra