Guidance on the assignment of drafting and providing opinions on bills and draft legislative documents in Vietnam

Guidance on the assignment of drafting and providing opinions on bills and draft legislative documents in Vietnam (Illustrative Image)

According to Article 7 of Circular 66/2011/TT-BCA, which regulates the assignment, coordination in drafting, participating in commenting, assessing, and inspecting legislative documents in Vietnam as follows:

1. The assignment of drafting and participating in commenting on projects, drafts of legislative documents is based on the content of those documents related to the functions, tasks, and powers of the general departments, units under the Ministry (hereinafter collectively referred to as units), which the Minister assigns that unit to preside over. If the content of the legal normative document concerns multiple units or seeks the opinion of members of the Government of Vietnam, the Minister assigns the Department of Legal Affairs to preside over.

2. The Department of Legal Affairs is responsible for assessing drafts of legislative documents drafted by the police units before submitting them to the Minister.

3. The participation in commenting, impact assessment, and evaluation of legislative documents with content regulating administrative procedures shall comply with the provisions of Articles 9, 10, and 11 of Decree No. 63/2010/ND-CP dated June 08, 2010, of the Government of Vietnam on administrative procedure control.

4. The Department of Legal Affairs assists the Minister in organizing the inspection of legislative documents in the field of security and order according to the provisions of Decree No. 40/2010/ND-CP dated April 12, 2010, of the Government of Vietnam on inspecting and handling legislative documents (Decree No. 40/2010/ND-CP), Decision No. 42/2009/QD-TTg dated March 16, 2009, of the Prime Minister of the Government of Vietnam promulgating regulations on inspecting and handling legislative documents with content related to state secrets (Decision No. 42/2009/QD-TTg), except for documents assigned by the Minister to the General Department of Security II.

The General Department of Security II presides over inspections within the authority of legislative documents in the field of security and order, containing state secrets issued by ministries, agency-level bodies, People's Councils, and provincial People's Committees as stipulated in Decision No. 42/2009/QD-TTg.

More details can be found in Circular 66/2011/TT-BCA, which comes into effect in Vietnam from November 20, 2011.

Thuy Tram

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