What is included in the application for law/ordinance formulation, written law/ordinance proposals in Vietnam?
- What is included in the application for law/ordinance formulation, written law/ordinance proposals in Vietnam?
- Which agency appraises the request for law/ordinance formulation before submitting it to the Government of Vietnam?
- What issues does the appraisal of the request for law/ordinance formulation focus on?
What is included in the application for law/ordinance formulation, written law/ordinance proposals in Vietnam?
An application for law/ordinance formulation under Clause 1, Article 37 of the 2015 Law on Promulgation of Legislative Documents in Vietnam (amended at Point b, Clause 53, Article 1 of the 2020 Law on Amendments to the Law on Promulgation of Legislative Documents) includes:
- A description of the request for law/ordinance formulation which specifies the necessity of such law/ordinance; purposes and viewpoints on the law/ordinance formulation; entities regulated by the law/ordinance;
Targets, contents of proposed policies, solution for implementation thereof, and reasons for choosing such solution; estimated resources and conditions for ensuring implementation of the law/ordinance after it is ratified by the National Assembly or Standing Committee of the National Assembly;
Intended time for submitting to the National Assembly or Standing Committee of the National Assembly for consideration and ratification;
- Report on assessment of impact of proposed policies;
- Report on implementation of law or social relationships related to the request for law/ordinance formulation;
- A report on receipt of opinions from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Justice, and other agencies; photocopies of the enquiry sheets;
- Expected detailed outline of the draft law/ordinance.
What is included in the application for law/ordinance formulation, written law/ordinance proposals in Vietnam?
Which agency appraises the request for law/ordinance formulation before submitting it to the Government of Vietnam?
According to the provisions of Article 39 of the 2015 Law on Promulgation of Legislative Documents in Vietnam as follows:
Appraising request for formulation of law/ordinance to be submitted by the Government of Vietnam
1. The Ministry of Justice shall take charge and cooperate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, relevant organizations in appraising the request for law/ordinance formulation before submitting it to the government within 20 days from the receipt of the satisfactory application for law/ordinance formulation.
According to the above provisions, the Ministry of Justice shall take charge and cooperate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, relevant organizations in appraising the request for law/ordinance formulation before submitting it to the Government.
What issues does the appraisal of the request for law/ordinance formulation focus on?
According to the provisions of Clause 3, Article 39 of the 2015 Law on Promulgation of Legislative Documents in Vietnam as follows:
Appraising request for formulation of law/ordinance to be submitted by the Government of Vietnam
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3. The appraisal shall focus on:
a) Necessity of the law/ordinance; entities regulated by the law/ordinance;
b) Conformity of the proposed policies with policies of Communist Party and the State;
c) The constitutionality, legitimacy, and consistency of policies with the legal system; feasibility and … of the proposed policies; solutions and conditions for ensuring implementation of the proposed policies;
d) Compatibility of the proposed policies with relevant international agreements to which Socialist Republic of Vietnam is a signatory;
dd) Necessity, reasonability, cost of administrative procedures of proposed policies (if they are related to administrative procedures); integration of gender equality in the request for law/ordinance formulation (if they are related to gender equality);
Thus, the appraisal shall focus on:
- Necessity of the law/ordinance; entities regulated by the law/ordinance;
- Conformity of the proposed policies with policies of Communist Party and the State;
- The constitutionality, legitimacy, and consistency of policies with the legal system; feasibility and … of the proposed policies; solutions and conditions for ensuring implementation of the proposed policies;
- Compatibility of the proposed policies with relevant international agreements to which Socialist Republic of Vietnam is a signatory;
- Necessity, reasonability, cost of administrative procedures of proposed policies (if they are related to administrative procedures); integration of gender equality in the request for law/ordinance formulation (if they are related to gender equality).
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