Directive 08/2005/CT-TTg on quality of Draft Laws and Ordinances in 2005 in service of WTO negotiation and accession

DIRECTIVE

ON SPEEDING UP THE COMPILATION AND RAISING THE QUALITY OF DRAFT LAWS AND ORDINANCES IN 2005 IN SERVICE OF WTO NEGOTIATION AND ACCESSION

International economic integration and accession to the World Trade Organization (WTO) constitute a major policy of our Party and State. In order to further facilitate the process of international economic integration in general and WTO negotiation and accession in particular and to show Vietnam's determination to soon join WTO, on March 2, 2005, the Government adopted the undertaking of speeding up the compilation and raising the quality of draft laws and ordinances in 2005 in service of WTO negotiation and accession. In furtherance of this policy, the Prime Minister hereby instructs:

1. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies assigned to assume the prime responsibility for the compilation work and the heads of drafting boards shall have to directly instruct, arrange highly qualified officials and funds, time and ensure other necessary conditions for the compilation thereof, so as to ensure that draft laws and ordinances defined in the Appendix to this Directive are completed as scheduled with high quality.

a) The Ministry of Planning and Investment shall have to ensure the compilation quality and submit the Investment Bill and the Enterprise Bill to the Government for consideration in June 2005 for further submission to the National Assembly for comments at the beginning and passage at the end of the National Assemblys 8^th session.

b) The Ministry of Finance and the Government Inspectorate shall have to immediately study the amendments and supplements to the Bill Amending and Supplementing a Number of Articles of the Value Added Tax Law, the Bill Amending and Supplementing a Number of Articles of the Special Consumption Tax Law and the Bill Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, so as to ensure their consistency with commitments upon WTO accession and submit them to the Government for consideration in July 2005 for further submission to th session.

c) The State Bank of Vietnam and the Ministry of Science and Technology shall have to urgently elaborate and submit the draft Ordinance on Foreign Exchanges and the draft Ordinance on Standardization to the Government in July 2005 respectively for further submission to the National Assembly Standing Committee for consideration and adoption in September 2005 (for the draft Ordinance on Standardization) and October 2005 (for the draft Ordinance on Foreign Exchanges).

d) The Ministry of Justice shall have to submit the draft Judgment Execution Code and the Bill on Lawyers to the Government in the third quarter of 2005 for subsequent submission to the National Assembly for comments at its 8^th session.

2. In the course of compilation, the ministries and branches in charge of the compilation and the drafting boards should pay attention to contents actually necessary for the process of WTO negotiation and accession. In order to create favorable conditions for bills and draft ordinances to be discussed and passed by the National Assembly or the National Assembly Standing Committee as scheduled, the ministries and branches in charge of the compilation must take initiative in closely coordinating with the National Assembly's bodies and prepare explanations on selected options in reports to the Government, the National Assembly and the National Assembly Standing Committee so as to ensure the consistency between the provisions of the drafts and those of relevant WTO's agreements; send the drafts and relevant documents to the Ministry of Justice for expertise before submitting them to the Government for consideration.

3. The Ministry of Trade shall have to regularly and promptly notify the ministries and branches in charge of the compilation of requirements of the WTO as well as negotiating partners; to coordinate with the Ministry of Justice as well as ministries and branches in charge of the compilation so as to ensure the consistency between the contents of draft laws and ordinances and the regulations on obligations of WTO's members.

4. The ministries and branches in charge of the compilation shall have to translate draft laws and ordinances into English and file the translations to the Office of the National Committee for International Economic Cooperation for sending to the WTO at the request of negotiating partners. The Office of the National Committee for International Economic Cooperation shall have to coordinate with the Ministry of Foreign Affairs and the Ministry of Trade in guaranteeing the quality of the translations supplied to the WTO.

5. In parallel with the compilation of draft laws and ordinances, the ministries and branches in charge of the compilation and the drafting boards shall have to draft documents detailing the implementation thereof for submission to competent agencies for promulgation so as to ensure that laws and ordinances shall be implemented fully and in time after they are adopted by the National Assembly or the National Assembly Standing Committee.

6. Legal documents issued by ministries, branches or local authorities at various levels according to their respective competence must be consistent with the regulations on obligations of WTO's members and Vietnam's commitments to WTO. The heads of the ministries, branches and local authorities at various levels shall, according to their functions, enhance the inspection of discipline in promulgation of legal documents, ensuring the observance of law provisions on the promulgation of legal documents and the publication thereof in the Cong Bao; not to issue documents with legal contents in the forms of an official dispatch or a notice.

7. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Trade, the Government Office and concerned ministries and branches in, promptly studying, proposing and taking initiative in compiling draft laws and ordinances in the form of a document amending and supplementing a number of provisions of many current laws and ordinances upon the appearance of demands for amendment and supplementation of laws and ordinances outside the list stated in the Appendix to this Directive.

8. The Government Office shall have to supervise and urge the ministries and branches in charge of the compilation so as to ensure the tempo prescribed in the Appendix to this Directive and regularly report thereon to the Prime Minister. The Law-Making Committee -the Government Office shall coordinate with the ministries and branches in charge of the compilation, the drafting boards and the Ministry of Justice so as to ensure the compilation quality and timely suggest methods for handling arising issues for reporting thereon to the Government or the Prime Minister for consideration and decision.

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People's Committees shall have to implement this Directive.

APPENDIX

LIST OF DRAFT LAWS AND ORDINANCES TO BE DRAFTED AND SUBMITTED IN 2005 IN SERVICE OF WTO NEGOTIATION AND (Issued together with the Prime Ministers Directive No. 08/2005/CT-TTg dated April 4, 2005)