Inspection of law/ordinance projects and draft resolutions of Vietnam: Things to know

Inspection of law/ordinance projects and draft resolutions of Vietnam: Things to know
Nguyễn Trinh

According to Vietnam’s regulations, before the start of the session of the Standing Committee of the National Assembly or before the date of the opening of the session of the National Assembly, the submitting entity shall send the documents about the project or draft document to the inspecting authority, Legal Committee, Social Affairs Committees, and other participating agencies for inspection.

Thường trực Ủy ban Pháp luật thẩm tra sơ bộ Dự án Luật Thực hiện dân chủ ở  cơ sở

Specifically, according to Article 64 of the Law on Promulgation of legislative documents 2015 of Vietnam, documents about the project or draft document to be inspected include:

- A description of the project or draft document submitted to the National Assembly and Standing Committee of the National Assembly;

- The draft document;

- Report on appraisal if the project or draft document is submitted by the Government; opinions of the Government if the project or draft document is not submitted by the Government; report receipt and explanation of opinions; photocopy of enquiry sheets;

- Reports on law implementation, assessment of social relationships related to main contents of the project or draft document, report on impact of policies in the project or draft document;

- Report on integration of gender equality in the project or draft document (if any);

- The draft of the elaborating document and other documents (if any).

Besides, the contents of inspection of law/ordinance projects and draft resolutions are also specified, focusing on:

- Scope and regulated entities of the document;

- Contents of the draft document and controversial issues; assignment and preparation of elaborating documents (if any);

- Conformity of the draft document with policies of Communist Party; constitutionality, legitimacy, and consistency of the draft document with regard to the legal system; the compatibility of the draft document with relevant international agreements to which Socialist Republic of Vietnam is a signatory;

- Feasibility of regulations in the draft document;

- Necessary human resources and financial resources to ensure implementation of the legislative document;

- Integration of gender equality in the draft document (if any);

- Language, format, and drafting process of the document.

If necessary, the inspecting agency shall request the submitting agency to report the issues related to contents of the project or draft document.

This is the content specified in Article 65 of the Law on Promulgation of legislative documents 2015 of Vietnam.

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