Simplified procedures for formulation, promulgation of legislative documents in Vietnam

Simplified procedures for formulation, promulgation of legislative documents in Vietnam (Internet image)

1. Cases of formulation, promulgation of legislative documents under simplified procedures in Vietnam

Cases of formulation, promulgation of legislative documents under simplified procedures specified in Article 146 of the Law on Promulgation of Legislative Documents 2015 (amended 2020), include:

(1) State of emergency according to regulations of law on state of emergency; urgent response to natural disasters, epidemics, conflagration; urgent situations for solving practical problems.

(2) Suspension of a legislative document in part or in full for a certain period of time for the purposes of promptly protecting interests of the State, legitimate rights and interests of organizations and individuals.

(3) Necessary revisions to conform to new legislative documents; necessary promulgation of a legislative document to implement an international agreement to which the Socialist Republic of Vietnam is a signatory.

(4) Partial or total annulment of a legislative document that is illegitimate or no longer applicable with regard to socio-economic situation.

(5) Necessary extension of the time limit for partial or total application of a legislative document for a certain period of time for solving practical problems.

2. The power to decide formulation, promulgation of legislative documents under simplified procedures in Vietnam

Article 147 of the Law on Promulgation of Legislative Documents 2015 (amended 2020) provides for the authority to decide on the formulation and promulgation of legal documents according to the order and simplified procedures as follows:

- Standing Committee of the National Assembly shall decide the pap of simplified procedures to formulation and promulgation of ordinances and resolutions of Standing Committee of the National Assembly; request the National Assembly to consider applying simplified procedures to formulation and promulgation of laws and resolutions of the National Assembly.

- The President shall decide application of simplified procedures to formulation and promulgation of orders and decisions of the President.

- The Prime Minister shall decide application of simplified procedures to formulation and promulgation of decrees of the Government and decisions of the Prime Minister; decide application of simplified procedures to formulation and promulgation of Ministers and heads of ministerial agencies’ circulars promulgated in urgent cases to solve practical problems as prescribed in item (1) of Section 1.

The written request submitted to the Prime Minister for decision on application of simplified procedures to formulation of Ministers and heads of ministerial agencies’ circulars specified in this Clause must be enclosed with written opinion of the Minister of Justice.

- Ministers, heads of ministerial agencies, Executive Judge of the People’s Supreme Court, Chief Procurator of the Supreme People’s Procuracy and State Auditor General shall decide to apply simplified procedures to formulation of legislative documents which they promulgate in the cases specified in item (2) and (4) of Section 1.

- Standing Committee of the People’s Council of each province shall decide application of simplified procedures to formulation and promulgation of its resolutions; President of the People’s Committee of each province shall decide application of simplified procedures to formulation and promulgation of its decisions.

3. Simplified procedures for formulation, promulgation of legislative documents in Vietnam

* Simplified procedures for formulation, promulgation of legislative documents

Pursuant to Article 148 of the Law on Promulgation of Legislative Documents 2015 (amended 2020), the simplified procedures for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President, decrees of the Government, decisions of the Prime Minister, circulars of the resolutions of the Executive Judge of the People’s Supreme Court, circulars of the Chief Procurator of the Supreme People’s Procuracy, circulars of Ministers and heads of ministerial agencies, decisions of the State Auditor General, resolutions of People’s Councils of provinces, and decisions of the People’s Committees of provinces are as follows:

- The drafting agency organizes the drafting process;

- The drafting agency may seek opinions from entities under the direct impact of the draft document and opinions from relevant organizations and individuals about the draft document. The time limit for seeking opinions is 20 days.

- Within 07 working days from the day on which the dossier on the project or draft document, the appraising agency and validating agency shall appraise and validate it respectively.

Documents to be submitted for appraisal include the description, the draft document, appraisal report, and consolidated record on responses to opinions (if any).

Documents to be submitted for validation include the description, the draft document, appraisal report, consolidated record on responses to opinions (if any), appraisal report and report on response to opinions from the appraising authority.

* Documents and procedures for considering and ratifying legislative documents under simplified procedures in Vietnam

- Documents about a law project or draft resolution of the National Assembly; ordinance project or draft resolution of Standing Committee of the National Assembly, draft resolution of the People’s Council of the province include the description, the draft document and the inspection report;

- Documents about a draft order or decision of the President includes the description and the draft document;

- Documents about a draft decree of the Government, draft decision of the Prime Minister, draft decision of the People’s Committee of the province include the description, the draft document and the appraisal report.

*  Procedures for considering and ratifying:

- The National Assembly shall consider ratifying its law project or draft resolution at the nearest meeting under the procedures prescribed in Article 74 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- Standing Committee of the National Assembly shall consider ratifying its draft ordinance or draft resolution at the nearest meeting under the procedures prescribed in Clause 1 Article 77 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- The President shall consider signing and promulgating an order or decision right after receiving the draft order or decision under the procedures prescribed in Article 81 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- The Government shall consider ratifying its draft decree at the nearest meeting under the procedures prescribed in Article 96 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- The Prime Minister shall consider signing and promulgating a decision right after receiving the draft decision under the procedures prescribed in Article 100 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- The People’s Council of the province shall consider ratifying the draft resolution at the nearest meeting under the procedures prescribed in Article 126 of Law on Promulgation of Legislative Documents 2015 (amended 2020);

- The People’s Committee of the province of the province shall consider ratifying the draft decision at the nearest meeting under the procedures prescribed in Article 132 of Law on Promulgation of Legislative Documents 2015 (amended 2020).

Van Trong

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