Procedures for considering approval for an ordinance project or draft resolution of the Standing Committee of the National Assembly in Vietnam

Procedures for considering approval for an ordinance project or draft resolution of the Standing Committee of the National Assembly in Vietnam (Internet image) 

1. Procedures for considering approval for an ordinance project or draft resolution of the Standing Committee of the National Assembly in Vietnam

Pursuant to Article 77 of the c (amended by Clause 17, Article 1 of the Law on amendments to the Law on Promulgation of Legislative Documents 2020), the procedures for considering approval for an ordinance project or draft resolution of the Standing Committee of the National Assembly are as follows:

* Standing Committee of the National Assembly shall consider approval for an ordinance project or draft resolution after one meeting in the following order:

- The representative of the proposing entity presents the project or draft document;

- 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;

- The inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document. The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

- At least 07 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

- The representative of the inspecting agency reports the revision of the draft document to Standing Committee of the National Assembly.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to Standing Committee of the National Assembly for consideration;

- Standing Committee of the National Assembly casts votes on approval for the draft document. If the draft document is still in dispute, Standing Committee of the National Assembly shall cast votes on the remaining issues at the request of the chair before the draft document is put on the vote;

- The President of the National Assembly signs the ordinance or resolution of Standing Committee of the National Assembly.

* Standing Committee of the National Assembly shall consider approval for an ordinance project or draft resolution after two meeting in the following order:

- At the first meeting, the procedures are the same as those prescribed in Points a, b, c, d Clause 1 of this Article. Standing Committee of the National Assembly discusses and cast votes on important, major issues of the project or draft document at the request of the inspecting agency as the basis for revision;

- During the interval between two meetings, the inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document as directed by Standing Committee of the National Assembly. The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document;

- At least 05 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format. Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system;

- At the second meeting, the representative of the inspecting agency reports the revision of the draft document to Standing Committee of the National Assembly.

If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to Standing Committee of the National Assembly for consideration;

- Standing Committee of the National Assembly casts votes on approval for the draft document. If the draft document is still in dispute, Standing Committee of the National Assembly shall cast votes on the remaining issues at the request of the chair before the draft document is put on the vote;

- The President of the National Assembly signs the ordinance or resolution of Standing Committee of the National Assembly.

2. Regulations on the đate of ratification of laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly in Vietnam

According to Article 79 of the Law on promulgation of legislative documents 2015, the date of ratification of laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly in Vietnam is as follows:

The date of ratification of a law or resolution of the National Assembly, ordinance or resolution of Standing Committee of the National Assembly is the day on which such law, ordinance, or resolution is voted for by the National Assembly or Standing Committee of the National Assembly.

To Quoc Trinh

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