What are procedures for processing of draft legislative documents in Vietnam?

What are procedures for processing of draft legislative documents in Vietnam?

Pursuant to Article 15 of the working regulations of Government issued together with the Decree 39/2022/NĐ-CP stipulating procedures for processing of draft legislative documents in Vietnam as follows:

Comply with regulations of law on promulgation of legislative documents and the following regulations:

1. If a draft document is valid and complies with the submission procedures and there is no dissenting comments about it, within 05 working days for the document submitted to the Government’s Executive Committee and Prime Minister and 07 days for the document submitted to the Government, the Office of the Government shall verify the procedures for processing and authority to process it and provide advice on consolidation of contents (hereinafter referred to as “verification comments”), and then submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

2. If a draft document is invalid and does not correctly comply with the submission procedures or the Ministry of Justice concludes that it is ineligible for submission or fails to comply with the regulations laid down in point d clause 3 Article 8 of this set of regulations, within 03 working days from the receipt of the documentation, the Government's Office shall request the agency presiding over drafting in writing to complete it.

3. If a draft document is valid and complies with the submission procedures but there is dissenting comments about major issues concerning contents of the draft document:

a) If the submitting agency has presided over and cooperated with Ministries and agencies but has not reached an agreement, within 05 working days from the date of receipt of the documentation, the Government’s Office shall chair a meeting with representative of the Ministry's leader, drafting agency, Ministry of Justice and relevant Ministries and agencies for discussion, clarification and agreement before submission to the Prime Minister or Deputy Prime Minister;

b) In case of disagreement, within 03 working days from the date of the meeting, the Office of the Government shall fully consolidate dissenting comments and submit them to the Prime Minister or Deputy Prime Minister in charge for consideration and decision.

4. The Prime Minister or Deputy Prime Minister shall provide his/her comments in the enquiry form within 03 working days from the date of submission by the Office of the Government, except for special cases.

5. In case of sending an enquiry form to Cabinet members:

a) The Office of the Government shall preside over and cooperate with the drafting agency in determining the contents on which comments are collected; send the enquiry form together with all documents through the Government’s Information System serving meeting organization and task performance, except for confidential files. Cabinet members shall give their comments within 05 working days. In other cases, follow the direction of the Prime Minister or Deputy Prime Minister in charge;

b) If the majority of the Cabinet members express approval and there are no longer dissenting comments, the Office of the Government shall cooperate with Ministries and agency presiding over drafting to finalize the draft and submit it to the Prime Minister for consideration and decision;

c) If the majority, but not all, of the Cabinet members express approval, the Office of the Government shall, within 02 working days, the Office of the Government shall transfer the Government’s comments to the agency presiding over drafting so as for it to give responses, complete the draft and report it to the Prime Minister within 05 working days;

If the agency presiding over submission has recorded comments, the Government's Office shall consolidate and report them to the Prime Minister for consideration and decision on whether to collect comments of Cabinet members or hold meetings with Cabinet members expressing dissenting opinions;

d) If the majority of the Cabinet members have yet to express approval, the Office of the Government shall transfer comments of the Cabinet members to the agency presiding over drafting so as for it to keep processing it for reporting to the Prime Minister for consideration and decision.

6. For a draft document which is discussed and voted at a Government’s meeting session, after the end of the meeting session, pursuant to the Government's resolution, the drafting agency shall preside over and cooperate with the Government's Office and relevant agencies in responding to the Cabinet members, complete the draft and submit it to the Prime Minister for consideration and decision.

7. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document, the Office of the Government shall release and publish it on the Government's web portal as prescribed.

What are procedures for processing schemes, documents, reports and others submitted to the Government and Prime Minister of Vietnam?

Pursuant to Article 16 of the working regulations of Government issued together with the Decree 39/2022/NĐ-CP stipulating procedures for processing schemes, documents, reports and others submitted to the Government and Prime Minister of Vietnam as follows:

1. If a file, document or report is insufficient, correctly complies with the submission procedures and falls under the prescribed processing authority, within 03 working days from the date of receipt, the Office of the Government shall express its verification comments and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

2. If a file, document or report is insufficient, fails to correctly comply with the submission procedures and is beyond the prescribed processing authority of the Government, Government’s Executive Committee or Prime Minister or the regulations set out in point d clause 3 Article 8 of this set of regulations, within 03 working days from, the Office of the Government shall return the file and state the reason or transfer the file to a competent authority and also the submitting agency for cooperation.

3. If a file has correctly complied with the submission procedures and fallen under the prescribed processing authority, but the Office of the Government finds it necessary to collect additional comments from related agencies, within 03 working days from the date of receipt of the file, the Office of the Government shall process it as follows:

a) Send an enquiry to related agencies, clearly stating the deadline for giving responses. Within 03 working days from the deadline for collecting comments, the Office of the Government shall process the file and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision;

b) Where necessary, the Office of the Government shall chair a meeting with related agencies to clarify contents before submission to the Prime Minister or Deputy Prime Minister. After the end of the meeting, within 03 working days, the submitting agency shall cooperate with the Office of the Government to complete the file and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

4. The Prime Minister or Deputy Prime Minister shall process the file and provide his/her comments in the enquiry form within 03 working days from the date of submission by the Office of the Government, except for special cases.

5. Subsequent procedures for handling issues under the Government's authority are specified in clauses 5 and 6 Article 15 of this set of regulations.

6. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document or gives his/her comments on task performance, the Office of the Government shall release the document as prescribed.

7. Regarding procedures related to the administrative procedures that have been implemented under special legislation, the time limit for processing shall not exceed that prescribed by the special legislation.

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