Which legislative documents is Ministry of Transport of Vietnam in charge of drafting and promulgating? What are the cases of making proposals for the formulation of legislative documents?
- Which legislative documents is Ministry of Transport of Vietnam in charge of drafting and promulgating?
- Cases of making proposals for the formulation of legislative documents in Vietnam?
- Can experts participate in the process of preparing the request for the development of legislative documents of the Ministry of Transport of Vietnam?
Which legislative documents is Ministry of Transport of Vietnam in charge of drafting and promulgating?
Pursuant to Article 3 of Circular No. 26/2022/TT-BGTVT stipulating as follows:
- Legislative documents specified in this Circular include:
+ Codes, laws (hereinafter referred to as laws), ordinances and resolutions presided over by the Ministry of Transport of Vietnam, drafted and submitted to the Government for submission to the National Assembly and the National Assembly Standing Committee by the Government;
+ Joint decrees, decisions and resolutions drafted by the Ministry of Transport of Vietnam and submitted to the Government and the Prime Minister for promulgation are specified in Articles 18, 19 and 20 of the Law on Promulgation of Legislative Documents and the Law on Amending and Supplementing a Number of Articles of the Law on Promulgation of Legislative documents (hereinafter referred to as the Law on Promulgation of Documents);
+ Circular of the Minister of Transport;
+ Joint circular between the Minister of Transport and the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy, and the State Auditor General.
- The Minister's Circular is issued to stipulate:
+ Details of articles, clauses and points assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the State President, decrees of the Government, and decisions of the Prime Minister;
+ Process, technical regulations, economic - technical norms of the transport sector;
+ Measures to perform the function of state management of transport.
Which legislative documents is Ministry of Transport of Vietnam in charge of drafting and promulgating? What are the cases of making proposals for the formulation of legislative documents?
Cases of making proposals for the formulation of legislative documents in Vietnam?
Pursuant to Article 5 of Circular No. 26/2022/TT-BGTVT stipulating the cases of making a request for formulation of legislative documents in Vietnam as follows:
- Laws and ordinances.
- Resolution of the National Assembly provides:
+ To pilot a number of new policies that fall under the decision-making authority of the National Assembly but have not yet been regulated by laws or are different from those of current laws;
+ Suspend or prolong the application period of all or part of a law or resolution of the National Assembly to meet urgent requirements on socio-economic development, assurance of human rights and citizenship.
- Resolution of the Standing Committee of the National Assembly providing for the suspension or extension of the time limit for application of all or part of ordinances and resolutions of the National Assembly Standing Committee to meet urgent requirements on socio-economic development.
- Decrees of the Government specifying necessary issues falling under the competence of the National Assembly and the National Assembly Standing Committee but not yet having enough conditions to be formulated into laws or ordinances to meet the requirements of state management, economic management and social management.
Can experts participate in the process of preparing the request for the development of legislative documents of the Ministry of Transport of Vietnam?
According to the provisions of Article 8 of Circular No. 26/2022/TT-BGTVT on mobilizing participants in research and development of legislative documents as follows:
Agencies and organizations participating in the process of making requests for formulation of legislative documents
Agencies and organizations that make requests for formulation of legislative documents may mobilize the participation of research institutes, universities, associations, other relevant organizations, experts and scientists. Learn the following activities:
1. Summarizing and evaluating the law enforcement situation; Review and evaluate current legislative documents.
2. Sociological survey and investigation; assess the status of social relations related to the policies in the proposal for the formulation of legislative documents.
3. Collecting, researching, and comparing documents and international treaties to which the Socialist Republic of Vietnam is a signatory related to policies in service of making requests for formulation of legislative documents.
4. Participating in policy impact assessment activities in the request for formulation of legislative documents.
Thus, experts mobilized by agencies and organizations that make requests for formulation of legislative documents will be able to participate in activities in the process of making requests for formulation of legislative documents as follows:
- Summarizing and evaluating the law enforcement situation; Review and evaluate current legislative documents.
- Survey and investigation of sociology; assessing the status of social relations related to the policies in the proposal for the formulation of legislative documents.
- Collecting, studying and comparing documents and international treaties to which the Socialist Republic of Vietnam is a contracting party related to policies in service of making requests for formulation of legislative documents.
- Participating in policy impact assessment activities in the proposal to develop legislative documents.
Circular No. 26/2022/TT-BGTVT takes effect from January 1, 2023.
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