Procedures for processing of draft legislative documents of the Government in Vietnam

Procedures for processing of draft Government of the Government in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for processing of draft legislative documents of the Government in Vietnam

According to Article 15 of the Regulations promulgated together with Decree 39/2022/ND-CP, comply with regulations of law on promulgation of legislative documents and the following regulations:

- If a draft document is valid and complies with the submission procedures and there is no dissenting comments about it, within 05 working days for the document submitted to the Government’s Executive Committee and Prime Minister and 07 days for the document submitted to the Government, the Office of the Government shall verify the procedures for processing and authority to process it and provide advice on consolidation of contents (hereinafter referred to as “verification comments”), and then submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

- If a draft document is invalid and does not correctly comply with the submission procedures or the Ministry of Justice concludes that it is ineligible for submission or fails to comply with the regulations laid down in point d clause 3 Article 8 of Regulations promulgated together with Decree 39/2022/ND-CP, within 03 working days from the receipt of the documentation, the Government's Office shall request the agency presiding over drafting in writing to complete it.

- If a draft document is valid and complies with the submission procedures but there is dissenting comments about major issues concerning contents of the draft document:

+ If the submitting agency has presided over and cooperated with Ministries and agencies but has not reached an agreement, within 05 working days from the date of receipt of the documentation, the Government’s Office shall chair a meeting with representative of the Ministry's leader, drafting agency, Ministry of Justice and relevant Ministries and agencies for discussion, clarification and agreement before submission to the Prime Minister or Deputy Prime Minister;

+ In case of disagreement, within 03 working days from the date of the meeting, the Office of the Government shall fully consolidate dissenting comments and submit them to the Prime Minister or Deputy Prime Minister in charge for consideration and decision.

- The Prime Minister or Deputy Prime Minister shall provide his/her comments in the enquiry form within 03 working days from the date of submission by the Office of the Government, except for special cases.

- In case of sending an enquiry form to Cabinet members:

+ The Office of the Government shall preside over and cooperate with the drafting agency in determining the contents on which comments are collected; send the enquiry form together with all documents through the Government’s Information System serving meeting organization and task performance, except for confidential files. Cabinet members shall give their comments within 05 working days. In other cases, follow the direction of the Prime Minister or Deputy Prime Minister in charge;

+ If the majority of the Cabinet members express approval and there are no longer dissenting comments, the Office of the Government shall cooperate with Ministries and agency presiding over drafting to finalize the draft and submit it to the Prime Minister for consideration and decision;

+ If the majority, but not all, of the Cabinet members express approval, the Office of the Government shall, within 02 working days, the Office of the Government shall transfer the Government’s comments to the agency presiding over drafting so as for it to give responses, complete the draft and report it to the Prime Minister within 05 working days;

If the agency presiding over submission has recorded comments, the Government's Office shall consolidate and report them to the Prime Minister for consideration and decision on whether to collect comments of Cabinet members or hold meetings with Cabinet members expressing dissenting opinions;

+ If the majority of the Cabinet members have yet to express approval, the Office of the Government shall transfer comments of the Cabinet members to the agency presiding over drafting so as for it to keep processing it for reporting to the Prime Minister for consideration and decision.

- For a draft document which is discussed and voted at a Government’s meeting session, after the end of the meeting session, pursuant to the Government's resolution, the drafting agency shall preside over and cooperate with the Government's Office and relevant agencies in responding to the Cabinet members, complete the draft and submit it to the Prime Minister for consideration and decision.

-. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document, the Office of the Government shall release and publish it on the Government's web portal as prescribed.

2. Working principles of the Government of Vietnam

Working principles of the Government of Vietnam according to Article 2 of the Regulations promulgated together with Decree 39/2022/ND-CP are as follows:

- All activities of the Government must comply with regulations of the Constitution and law, submit to the Party Communist’s leadership and ensure democratic centralism. The Government works according to the regime for combining the power and responsibility of the Government collective with the power and responsibility of the Prime Minister and every Cabinet member. The Government shall make decisions under the majority rule on the issues within power of the Government. 

- Heighten Cabinet members, heads of ministries, agencies and local authorities’ sense of personal responsibility and responsibility for setting good. Every task is only assigned to a person who shall preside over and take responsibility for it. For a task assigned to a Ministry, agency or provincial People’s Committee, the Minister, the head of the agency or chairperson of the provincial People’s Committee shall assume the responsibility for it.

- Proactively perform tasks intra vires, in accordance with procedures, regulations of law and Government’s Working Regulations. Facilitate cooperation and information exchange and promote unity upon performance of tasks by the Government.

- Carry out duty assignment, decentralization, authority delegation or authorization in accordance with laws, individualize responsibilities in association with strengthening supervision, inspection and control of power, ensuring centralized leadership and uniform management under the authority of the Government. Promote proactiveness and creativity of heads of ministries, agencies and local authorities.

- Exercise strict discipline and administrative discipline; subordinates obey, strictly submit to the leadership, direction and command by superiors.

- Publicize, transparentize and innovate new activities of the Government, ministries, ministerial agencies and state administrative agencies at all levels; implement a uniform, uninterrupted, continuous, democratic, modern, upright, effective and efficient administration system that serves the People and submits to their inspection and supervision.

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