In which case are legislative documents in Vietnam formulated according to the simplified procedures?
What is the dossier of application for formulation of legislative documents under the authority of the Ministry of Transport of Vietnam?
According to the provisions of Article 9 of Circular No. 26/2022/TT-BGTVT on dossiers of application for formulation of legislative documents under the competence of the Ministry of Transport of Vietnam as follows:
- A dossier of request for law/ordinance formulation and a request for decree formulation specified in Clause 3, Article 19 of the 2015 Law on Promulgation of Legislative Documents in Vietnam includes:
+ A written request for the formulation of legislative documents, which must clearly state: the necessity for promulgation; construction purposes and viewpoints; object, scope of adjustment; objectives, contents of the policy, solutions to implement the selected policy and the reasons for the selection; estimated resources and conditions for the implementation of legislative documents; estimated time for submission to the National Assembly, the National Assembly Standing Committee and the Government for consideration and approval of draft legislative documents;
+ Policy impact assessment report;
+ A report summarizing the implementation of the law or assessing the status of social relations related to the request for formulation of legislative documents;
+ The summary, explanation and collection of suggestions from agencies and organizations; copy of comments. For the application for law/ordinance formulation, there is a summary, explanation, and opinions of the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs and the Ministry of Justice;
+ Expected detailed outline of draft legislative documents;
+ Other documents (if any).
- A dossier of request for decree formulation specified in Clause 2, Article 19 of the Law on Promulgation of Documents includes:
+ A written request for decree formulation, clearly stating: the necessity for promulgation; construction purposes and viewpoints; the object, scope of regulation and main contents of the decree; estimated resources and conditions to ensure the implementation of the decree; estimated time to submit to the Government for consideration and approval;
+ Report on summarizing the implementation of the law or assessing the status of issues related to the proposal for decree formulation.
In which case are legislative documents in Vietnam formulated according to the simplified procedures?
Who is the agency in charge of drafting the document?
According to the provisions of Article 19 of Circular No. 26/2022/TT-BGTVT, the agency in charge of drafting legislative documents under the authority of the Ministry of Transport of Vietnam includes:
Drafting agency
The agency in charge of drafting legislative documents (hereinafter referred to as the drafting agency) includes:
1. Departments directly draft legislative documents related to the functions and tasks of their agencies or organizations or as assigned by the Minister.
2. Departments directly draft legislative documents of a particular nature or as assigned by the Minister.
Thus, the drafting agency is the Department and Department as assigned by the Minister of Transport.
The tasks of the drafting agency are specified in Article 21 of Circular No. 26/2022/TT-BGTVT as follows:
- Organize the development of outlines (for the development of new or replacement draft legislative documents), draft legislative documents according to the purposes, requirements, scope of regulation and policies already formulated in the application for formulation of legislative documents.
- Prepare reports and documents related to the project and draft.
- Collect opinions from subjects directly regulated by documents, agencies, organizations and individuals in the industry and relevant associations specialized in Transport in writing or by email or other appropriate forms and post the project or draft on the Portal/Website of the agency or organization in charge of the drafting.
- Explanatory report on newly arising policies that need to be added to the project or draft for submission to competent agencies and organizations for consideration and decision.
- To assume the prime responsibility for, and coordinate with concerned agencies and organizations in, preparing draft documents detailing and guiding implementation (if any).
- Report on drafting progress.
- Submit the detailed outline according to the form in Appendix I issued together with Circular No. 26/2022/TT-BGTVT (if any).
- Submit draft documents to the Ministry.
- Preside over and coordinate with advisory agencies to receive and explain comments from agencies and units and complete the draft legislative document until the document is signed for promulgation or approved.
In which case are legislative documents in Vietnam formulated according to the simplified procedures?
According to the provisions of Article 24 of Circular No. 26/2022/TT-BGTVT on the formulation and promulgation of legislative documents according to the shortened order and procedures:
- Cases of elaboration and promulgation of legislative documents according to abbreviated order and procedures:
+ In case of emergency as prescribed by law on state of emergency; unexpected and urgent cases in the prevention and control of natural disasters, epidemics, fires and explosions; urgent cases to solve problems arising in practice;
+ In case it is necessary to suspend the validity of all or part of a legislative document in order to promptly protect the interests of the State, the legitimate rights and interests of organizations and individuals;
+ In case it is necessary to amend immediately to conform to newly promulgated legislative documents; cases where it is necessary to immediately issue legislative documents for the implementation of relevant international treaties to which the Socialist Republic of Vietnam is a contracting party;
+ Where it is necessary to annul part or all of a legislative document that is illegal or no longer suitable with the socio-economic development situation;
+ In case it is necessary to extend the time limit for application of all or part of a legislative document within a certain time limit to solve urgent problems arising in practice.
- Competence to decide on the formulation and promulgation; order and procedures for document formulation; dossiers, order and procedures for consideration and approval shall comply with the provisions of Articles 147, Article 148, Article 149 of the the 2015 Law on Promulgation of Legislative Documents in Vietnam and Article 37 of Decree No. 34/2016/ND-CP.
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