What is included in the application for formulation of legislative documents under the authority of the Ministry of Transport of Vietnam?
- What is included in the application for formulation of legislative documents under the authority of the Ministry of Transport of Vietnam?
- What responsibilities do agencies and units have in making requests for the formulation of legislative documents in Vietnam?
- Are other experts allowed to participate in the drafting of the proposal for document development?
What is included in the 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 the application for formulation of legislative documents 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 Law on Promulgation of Legislative Documents 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 dossiers of 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.
What is included in the application for formulation of legislative documents under the authority of the Ministry of Transport of Vietnam? (Image from the Internet)
What responsibilities do agencies and units have in making requests for the formulation of legislative documents in Vietnam?
According to the provisions of Article 7 of Circular No. 26/2022/TT-BGTVT on the responsibilities of units in making requests for formulation of legislative documents in Vietnam:
Agencies and units that make requests for formulation of legislative documents have the following responsibilities:
- Summarize the implementation of laws related to the request for formulation of legislative documents; survey and assess the status of social relations related to the proposal for formulation of legislative documents;
For the request for decree formulation, in case of necessity, to request relevant agencies and organizations to summarize and evaluate the implementation of legal documents in the fields under their charge, related to the request for decree formulation;
- Organizations to research information, documents and international treaties to which the Socialist Republic of Vietnam is a contracting party, related to the request for formulation of legislative documents. In case of necessity, to request relevant agencies and organizations to provide documents and information related to the request for formulation of legislative documents; organize scientific research on related issues to support the formulation of requests for law/ordinance formulation;
- Formulate the content of the policy in the request for the formulation of legislative documents; assess the impact of the policy as prescribed in Articles 5, 6, 7, 8 and 9 of the Government's Decree No. 34/2016/ND-CP dated May 14, 2016 detailing a number of articles and Measures to implement the Law on Promulgation of Legislative documents and the Government's Decree No. 154/2020/ND-CP dated December 31, 2020 amending and supplementing a number of articles of Decree No. 34/2016/ND -CP (hereinafter referred to as Decree No. 34/2016/ND-CP);
- Expected resources and conditions to ensure the implementation of legislative documents after being approved by competent agencies;
- Take responsibility for the preparation of dossiers as prescribed in Article 9 of this Circular and to defend their request for formulation of legislative documents;
- Coordinate with advisory agencies to receive and explain opinions from agencies, organizations and individuals.
Are other experts allowed to participate in the drafting of the proposal for document development?
According to the provisions of Article 7 of Circular No. 26/2022/TT-BGTVT, experts are allowed to participate in the process of making a request for document formulation in the case that the agency or organization that makes the request for formulation of a legal document mobilizes to participate in the following activities:
- Summarizing and evaluating the law enforcement situation; Review and evaluate current legislative documents.
- Surveying, sociological investigation; assess the status of social relations related to the policies in the proposal for the formulation of legislative documents.
- Collecting, researching, 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.
- Participating in policy impact assessment activities in the proposal to develop legislative documents.
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