Cases and rules for explanation of the Constitutions, laws, and ordinances in Vietnam

What are the cases and rules for explanation of the Constitutions, laws, and ordinances in Vietnam? - Tuan Tu (Quang Tri)

Cases and rules for explanation of the Constitutions, laws, and ordinances in Vietnam

Pursuant to Article 158 of the Law on Promulgation of Legislative Documents 2015, the Constitutions, laws, and ordinances shall be explained if their regulations may be construed differently.

Explanation of the Constitutions, laws, and ordinances must:

- Conform to the spirit, purposes, requirements, and viewpoints on promulgation of the Constitution, laws, and ordnances;

- Conform to contents and language of the Constitution, laws, and ordinances;

- Not make amendments or impose new regulations.

Cases and rules for explanation of the Constitutions, laws, and ordinances in Vietnam

Cases and rules for explanation of the Constitutions, laws, and ordinances in Vietnam (Internet image)

The power to request explanation of the Constitutions, laws, and ordinances in Vietnam

Pursuant to Article 159 of the Law on Promulgation of Legislative Documents 2015, the power to request explanation of the Constitutions, laws, and ordinances is as follows:

- The President, Ethnic Council, Committees of the National Assembly, the Government, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Office of Vietnam, Central Committee of Vietnamese Fatherland Front, central agencies of associate organizations of Vietnamese Fatherland Front, and deputies of the National Assembly are entitled to request Standing Committee of the National Assembly to explain the Constitution, laws, and ordinances.

- Standing Committee of the National Assembly shall decide the explanation of the Constitution, laws, and ordinances itself or at the request of the entities mentioned above

Procedures for explanation of the Constitutions, laws, and ordinances in Vietnam 

Pursuant to Article 160 of the Law on Promulgation of Legislative Documents 2015, procedures for explanation of the Constitutions, laws, and ordinances are as follows:

- Depending on the characteristics and contents of the issues that need explaining, Standing Committee of the National Assembly shall request the Government, the People’s Supreme Court, the People’s Supreme Procuracy, Ethnic Council, or a  Committee of the National Assembly to draft a resolution that contain explanation of  the Constitution, law, or ordinance (hereinafter referred to as explanatory resolutions), and then submit it to Standing Committee of the National Assembly.

Standing Committee of the National Assembly shall request Ethnic Council or Committees of the National Assembly to inspect the conformity of the aforementioned explanatory resolution with the explained document.

- Standing Committee of the National Assembly shall consider ratifying the explanatory resolution in the following order:

+ The representative of the drafting agency presents and read the whole draft resolution out loud;

+ The representative of the inspecting agency presents the inspection report;

+ Representatives of other attending agencies, organizations and individuals offer their opinions;

+ Standing Committee of the National Assembly discusses;

+ The chair draws a conclusion;

+ Standing Committee of the National Assembly casts votes;

+ President of the National Assembly signs the explanatory resolution.

Publishing explanatory resolutions of Standing Committee of the National Assembly in Vietnam

Pursuant to Article 161 of the Law on Promulgation of Legislative Documents 2015, publishing explanatory resolutions of Standing Committee of the National Assembly is as follows:

- Explanatory resolutions of Standing Committee of the National Assembly must be published on Official Gazette in accordance with Article 150 of this Law, posted on information portal of the National Assembly, and published on the media in accordance with Article 157 of this Law.

- Explanatory resolutions of Standing Committee of the National Assembly shall be applied together with the explained documents.

Mai Thanh Loi

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