Cases for implementing the policy development process in Vietnam

Cases for implementing the policy development process in Vietnam​ (Image from the Internet)

The National Assembly of Vietnam passed the Law on the Promulgation of Legislative Documents 2025 (Law No. 64/2025/QH15) on February 19, 2025.

Cases for implementing the policy development process in Vietnam

According to Article 27 of the Law on the Promulgation of Legislative Documents 2025, the regulations on cases for implementing the policy development processare as follows:

- The proposing agency is responsible for organizing the implementation of the policy development processbefore drafting in the following cases of legislative document formulation:

+ New laws, ordinances; laws replacing current laws and ordinances;

+ Laws amending and supplementing certain provisions of laws that limit human rights, and citizens' rights as stipulated by the Constitution;

+ Pilot resolutions of the National Assembly.

- For projects of laws, resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly not subject to the provisions of clause 1, Article 27 of the Law on the Promulgation of Legislative Documents 2025, the proposing agency does not have to carry out the policy development processbut must clearly state the policy impacts in the explanatory report on the formalization of the policy.

- The proposing agency can independently create policy proposals or assign an agency to carry out the formulation of policy proposals.

Regulations on collecting opinions and policy consultation in Vietnam

According to Article 30 of the Law on the Promulgation of Legislative Documents 2025, the regulations on collecting opinions and policy consultation are as follows:

- The agency formulating a policy proposal has the following responsibilities:

+ Organize the collection of opinions from those directly affected by the policy, the Vietnam Fatherland Front, and socio-political organizations, National Assembly delegations, Ministries, and equivalent bodies, as well as other related agencies, organizations, and individuals. If opinions are collected in writing, the agency or organization from which opinions are solicited must respond in writing within 15 days from the date of receiving the request for comments;

+ Organize consultative conferences with the Standing Committee of the Ethnic Council, the Standing Committee of the National Assembly, Ministries, and equivalent bodies for policies directly related to the scope and field of responsibility during the policy formulation process.

Upon the request of the Standing Committee of the Ethnic Council and the Standing Committee of the National Assembly being consulted, the policy proposal formulating agency invites representatives from other National Assembly bodies, subjects or organizations representing subjects directly affected by the policy, experts, scientists, and related agencies, organizations, and individuals to participate in the conference. At the consultative conference, the leadership of the policy proposal formulating agency presents and explains issues related to the policy. The policy proposal formulating agency is responsible for compiling a document on the policy consultation outcomes, which must clearly state the viewpoints of the consulted agencies, organizations, and individuals.

Policy consultation for Ministries and equivalent bodies is conducted according to the regulations of the Government of Vietnam;

+ Study, absorb, and explain feedback and policy consultation comments.

- The policy dossier for collecting opinions and policy consultation includes drafts of the following documents:

+ Presentation report;

+ Impact assessment report of the policy;

+ Review report on the guidelines and directions of the Communist Party, relevant legislative documents, and international treaties related to the policy;

+ Summary report on the implementation of laws or evaluation of the real situation of social relations related to the policy;

+ Explanatory report on the formalization of the policy.

- For policy dossiers not presented by the Government of Vietnam, the policy proposal formulating agency is responsible for seeking opinions from the Government of Vietnam. The policy dossier sent to the Government of Vietnam for opinions includes a request document for comments and the documents specified at points b, c, d, e, and g of clause 2, Article 31 of the Law on the Promulgation of Legislative Documents 2025. The Government of Vietnam is responsible for responding in writing within 30 days from the date of receiving the policy dossier.

The policy proposal formulating agency is responsible for studying, absorbing, and explaining the opinions of the Government of Vietnam.

Refer to more details in the Law on the Promulgation of Legislative Documents 2025 effective from April 1, 2025, except for cases stipulated in clause 2, Article 71 of the Law on the Promulgation of Legislative Documents 2025.

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