Law on Promulgation of Legal Documents No. 64/2025/QH15

LAW

On Promulgation of Legal Documents^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Promulgation of Legal Documents.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the formulation and promulgation of legal documents; and basic contents on organization of implementation of legal documents.

This Law does not regulate the formulation and revision of the Constitution.

Article 2. Legal documents

A legal document is a document that contains legal norms and is promulgated according to the competence, order and procedures and in the form specified in this Law.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Legal norm means a general rule of conduct, which is commonly binding on and applied to agencies, organizations and individuals nationwide or within a certain administrative unit, promulgated by a competent state agency or person defined in this Law and the implementation of which is guaranteed by the State.

2. Policy means a set of specific solutions of the State to solve one or several practical problem(s) in order to achieve certain objectives, in conformity with the Party’s guidelines and policies.

3. Policy consultation means the direct exchange between the policy proposal-formulating agency and the consulted agencies, organizations and individuals in accordance with this Law in order to select solutions and finalize policies of a draft law or draft resolution of the National Assembly, or a draft ordinance of the National Assembly Standing Committee.

4. Regulatory impact assessment means the analysis and forecast of the potential impacts of each solution in order to select the optimal option that is consistent with the objectives of the policy.

5. Review of legal documents means the examination, collation and evaluation of the provisions of the reviewed documents in order to detect, handle, or recommend the handling of, provisions that are contradictory, overlapping, expired, or no longer appropriate.

6. Inspection of legal documents means the consideration, evaluation and conclusion on the constitutionality, legality and consistency of the inspected documents with the legal system.

Article 4. System of legal documents

1. The Constitution.

2. Codes and laws (below collectively referred to as laws), and resolutions of the National Assembly.

3. Ordinances and resolutions of the National Assembly Standing Committee; joint resolutions of the National Assembly Standing Committee and the Presidium of the Central Committee of the Vietnam Fatherland Front; and joint resolutions of the National Assembly Standing Committee, the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front.

4. Orders and decisions of the President.

5. Decrees and resolutions of the Government; joint resolutions of the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front.

6. Decisions of the Prime Minister.

7. Resolutions of the Judicial Council of the Supreme People’s Court.

8. Circulars of the Chief Justice of the Supreme People’s Court; circulars of the Procurator General of the Supreme People’s Procuracy; circulars of ministers and heads of ministerial-level agencies; and circulars of the State Auditor-General.

9. Joint circulars of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers, and heads of ministerial-level agencies.

10. Resolutions of People’s Councils of provinces and centrally run cities (below collectively referred to as provincial-level People’s Councils).

11. Decisions of People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees).

12. Legal documents of local administrations in special administrative-economic units.

13. Resolutions of People’s Councils of rural districts, urban districts, towns, provincial cities, and municipal cities (below collectively referred to as district-level People’s Councils).

14. Decisions of People’s Committees of rural districts, urban districts, towns, provincial cities ,and municipal cities (below collectively referred to as district-level People’s Committees).

Article 5. Principles of formation and promulgation of legal documents

1. Ensuring the comprehensive and direct leadership of the Communist Party of Vietnam.

2. Ensuring the constitutionality, legality and consistency of legal documents in the legal system and the non-contravention of treaties to which the Socialist Republic of Vietnam is a contracting party; complying with regulations on the content and form of, and the competence, order and procedures for formulating and promulgating, legal documents.

3. Ensuring national sovereignty, national defense, security, and interests of the country and the nation; controlling power, preventing and controlling corruption, negative practices and waste; and preventing and controlling vested interests and parochial interests.

4. Respecting, protecting and guaranteeing human rights, citizens’ rights, and gender equality; ensuring democracy, equality, humanity, openness, transparency, scientificity, timeliness, stability, feasibility and effectiveness.

5. Ensuring the implementation of the policy of delegation and decentralization of powers; resolving inadequacies and problems arising from practice, and new issues and new trends; meeting state management requirements and promoting creativity, unleashing all resources, and promoting socio-economic development.

6. Legal documents regulating the pilot implementation must determine the pilot implementation period and be subject to preliminary and overall review to consider and decide on continued application or promulgation of legal documents for official application.

7. Ensuring the implementation of legal provisions on protection of state secrets with regard to the contents of legal documents classified as state secrets.

Article 6. Social criticism, consultation, and contribution of opinions on policies and draft legal documents

1. The Vietnam Fatherland Front and socio-political organizations shall conduct social criticism on draft legal documents in accordance with this Law, the Law on the Vietnam Fatherland Front and other relevant laws.

Social criticism shall be conducted during the period of drafting legal documents.

2. Policy proposal-formulating agencies shall consult the Ethnic Council and Committees of the National Assembly, ministries and ministerial-level agencies in accordance with this Law.

3. The Vietnam Fatherland Front and its member organizations, and agencies, organizations and individuals have the right and are assisted to give opinions on policies and draft legal documents.

4. Policy proposal-formulating agencies and drafting agencies shall review, consider, and adequately and publicly respond to opinions received through social criticism and policy consultation and contributed opinions on policies and draft legal documents.

Article 7. Language, format, presentation techniques, and translation of legal documents into ethnic minority languages ​​and foreign languages

1. The language used in legal documents is Vietnamese, ensuring accuracy, popularity, consistency, clear expression, and understandability.

2. Legal documents may be structured into parts, chapters, sections, subsections, articles, clauses and points; each part, chapter, section, subsection or article must have a title.

3. A legal document shall be coded with numbers and symbols to express the consecutive order, year of promulgation, type of document, and agency or person with the competence to promulgate the document.

4. Legal documents may be translated into ethnic minority languages ​​or foreign languages. The translation is for reference only.

Article 8. Amendment, supplementation, replacement, annulment, or suspension of implementation, of legal documents

1. A legal document may only be amended, supplemented, or replaced by another legal document of the competent agency or person that has promulgated the document, or suspended from implementation under a document of a competent agency or person, except the cases specified at Points a and b, Clause 2, Article 54 of this Law or unless otherwise provided by laws and resolutions of the National Assembly.

2. A legal document shall be annulled by a document promulgated by the competent agency or person that has promulgated the document or by a document promulgated by a competent agency or person, except the cases specified at Points a and b, Clause 2, Article 54 of this Law.

3. A document amending, supplementing, replacing, annulling, or suspending the implementation of, another document must clearly identify the title of the document or part(s), chapter(s), section(s), subsection(s), article(s), clause(s), or point(s) of the document being amended, supplemented, replaced, annulled, or suspended from implementation.

In case of annulling an ordinance, the National Assembly Standing Committee shall report thereon to the National Assembly at the upcoming session.

The document annulling, or suspending the implementation of, a legal document specified in Clause 1 or 2 of this Article shall be posted in online Công báo (Official Gazette) and the National Law Database.

4. A legal document shall be promulgated to replace a current legal document in one of the following cases:

a/ There are fundamental changes the policy, scope of regulation, and subjects of application of the current document;

b/ The contents of more than half of the total number of articles of the current document are to be amended and supplemented.

5. Agencies and persons competent to promulgate legal documents shall simultaneously amend, supplement, or annul the whole or part of, the legal documents they have promulgated that contain provisions different from those of the newly promulgated legal document. In case there are provisions that are different but need to be further applied, such shall be clearly stated in the newly promulgated legal document.

6. A legal document may be promulgated to simultaneously amend, supplement, replace, or annul the contents of more than one legal document promulgated by the same competent agency or person.

Article 9. Sending and storage of legal documents

1. Within 3 days from the date of promulgation of a law or resolution of the National Assembly, or an ordinance or a resolution of the National Assembly Standing Committee, or signing for certification or signing for promulgation of another legal document, the agency or person with the competence to promulgate legal documents shall send the text of the legal document for posting on online Công báo and the National Law Database.

2. Policy dossiers, dossiers of draft laws and resolutions of the National Assembly and draft ordinances of the National Assembly Standing Committee and originals of legal documents shall be stored in accordance with the law on archives.

3. Legal documents promulgated by competent agencies and persons at the central level shall be posted on online Công báo of the Socialist Republic of Vietnam. Legal documents of People’s Councils, People’s Committees and local administrations in special administrative-economic units shall be posted on online provincial-level Công báo.

4. Legal documents posted on online Công báo have the same validity as the original documents.

Chapter II

COMPETENCE TO PROMULGATE, AND CONTENTS OF, LEGAL DOCUMENTS

Article 10. Laws and resolutions of the National Assembly

1. The National Assembly shall promulgate laws to regulate:

a/ The organization and operation of the National Assembly, the President, the Government, the People’s Court, the People’s Procuracy, the National Election Council, the State Audit Office of Vietnam, local administrations, special administrative-economic units and other agencies established by the National Assembly;

b/ Human rights, fundamental rights and obligations of citizens that, according to the Constitution, must be provided by a law; restrictions on human rights and citizens’ rights; crimes and penalties; judicial proceedings;

c/ Basic policies on economic, social, cultural, education, science, technology, environment, finance, national monetary, and state budget issues; taxes, and orders, medals and state honorary titles;

d/ Basic policies on national defense and security; titles and ranks in the people’s armed forces; the state of emergency, and other special measures to ensure national defense and security;

dd/ Basic policies on external relations; diplomatic titles and ranks; other state titles and ranks;

e/ Ethnic and religious policies of the State;

g/ Referendums;

h/ Mechanisms to safeguard the Constitution;

i/ Other issues under the competence of the National Assembly as specified by the Constitution and laws.

2. The National Assembly shall promulgate resolutions to regulate:

a/ The pilot implementation of a number of new policies subject to the National Assembly’s decision that are different from the provisions of current laws;

b/ Suspension, adjustment of the effect, or extension of the application period, of the whole or part of laws and resolutions of the National Assembly to meet urgent socio-economic development requirements, or guarantee of human rights and citizens’ rights;

c/ Other issues as decided by the National Assembly.

Article 11. Ordinances and resolutions of the National Assembly Standing Committee

1. The National Assembly Standing Committee shall promulgate ordinances in the cases assigned by the National Assembly.

2. The National Assembly Standing Committee shall promulgate resolutions to regulate:

a/ The interpretation of the Constitution, laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee;

b/ Suspension, adjustment of the effect, or extension of the application period, of the whole or part of ordinances and resolutions of the National Assembly Standing Committee to meet urgent requirements for socio-economic development;

c/ General mobilization or partial mobilization; proclamation or termination of a state of emergency nationwide or in each locality;

d/ Provision of guidance on the operation of People’s Councils;

dd/ Contents assigned by laws and resolutions of the National Assembly, except the cases specified in Clause 1 of this Article;

e/ Other issues under the competence of the National Assembly Standing Committee.

Article 12. Orders and decisions of the President

The President shall promulgate orders and decisions to regulate:

1. General mobilization or partial mobilization; proclamation or termination of a state of emergency nationwide or in each locality;

2. Other issues under the competence of the President.

Article 13. Joint resolutions of the National Assembly Standing Committee, the Government, and the Presidium of the Central Committee of the Vietnam Fatherland Front

The National Assembly Standing Committee, the Government, and the Presidium of the Central Committee of the Vietnam Fatherland Front shall promulgate joint resolutions to provide in detail matters as assigned by law or provide guidance on a number of necessary matters in the election of deputies to the National Assembly and deputies to People’s Councils.

Article 14. Decrees and resolutions of the Government

1. The Government shall promulgate decrees to:

a/ Detail articles, clauses, points and other contents as assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President;

b/ Prescribe specific measures to organize the implementation of the Constitution; specific measures to organize and guide the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President; measures to implement socio-economic policies, national defense and security policies, financial, monetary and budgetary policies, tax policies, policies on ethnicity, religion, culture, education, health, science, technology, environment, external relations, public-duty regime, cadres, civil servants, and public employees, rights and obligations of citizens, and other issues falling under the Government’s management and administration; issues related to the tasks and powers of 2 or more ministries and ministerial-level agencies; tasks, powers, and organizational structures of ministries, ministerial-level agencies, government-attached agencies and other agencies under the Government’s competence; and decentralization of tasks and powers;

c/ Regulate necessary issues under the competence of the National Assembly or the National Assembly Standing Committee but not yet qualified to be formulated into laws or ordinances in order to meet requirements of state management, economic management, and social management. Before promulgating these decrees, it is required to obtain the consent of the National Assembly Standing Committee.

2. The Government shall promulgate resolutions to regulate:

a/ Measures to settle urgent and important issues arising from practice that shall be applied within a certain period of time and within a specific scope under the Government’s competence; and decentralization of tasks and powers;

b/ Suspension, adjustment of the effect, or extension of the application period, of the whole or part of the Government’s decrees to meet urgent socio-economic development requirements or guarantee of human rights and citizens’ rights;

c/ The pilot implementation of a number of policies not yet regulated by law that fall under the Government’s competence or policies that are different from the provisions of existing decrees and resolutions of the Government.

Article 15. Decisions of the Prime Minister

The Prime Minister shall promulgate decisions to regulate:

1. Contents assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President, and decrees and resolutions of the Government;

2. Measures to direct and administer the operation of the Government and the state administrative system from the central to local levels, the regime of working with members of the Government and local administrations, and other issues falling under the competence of the Prime Minister; decentralization of tasks and powers and implementation of decentralized tasks and powers;

3. Measures to direct and coordinate the operation of members of the Government; to examine the implementation of the Party’s guidelines and policies and the State’s policies and laws by ministries, ministerial-level agencies, government-attached agencies and local administrations.

Article 16. Resolutions of the Judicial Council of the Supreme People’s Court, circulars of the Chief Justice of the Supreme People’s Court

1. The Judicial Council of the Supreme People’s Court shall promulgate resolutions guiding the unified application of law in adjudication.

2. The Chief Justice of the Supreme People’s Court shall promulgate circulars to regulate the management of People’s Courts and Military Courts in terms of organization, operation, and other issues falling under his/her competence or as assigned in the Law on Organization of People’s Courts and other legal documents of the National Assembly, the National Assembly Standing Committee and the President.

Article 17. Circulars of the Procurator General of the Supreme People’s Procuracy

The Procurator General of the Supreme People’s Procuracy shall promulgate circulars to prescribe issues falling under his/her jurisdiction or as assigned in the Law on Organization of People’s Procuracies and other legal documents of the National Assembly, the National Assembly Standing Committee and the President.

Article 18. Circulars of ministers and heads of ministerial-level agencies

Ministers and heads of ministerial-level agencies shall promulgate circulars to:

1. Detail articles, clauses, points and other contents assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President, decrees and resolutions of the Government, and decisions of the Prime Minister;

2. Prescribe measures to implement their state management functions; decentralize tasks and powers and implement decentralized tasks and powers.

Article 19. Circulars of the State Auditor-General

The State Auditor-General shall promulgate circulars to specify state audit standards, audit procedures and audit records, and regulate issues under his/her competence or assigned in the Law on the State Audit and other legal documents of the National Assembly and the National Assembly Standing Committee.

Article 20. Joint circulars of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers and heads of ministerial-level agencies

1. The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers and heads of ministerial-level agencies shall promulgate joint circulars to regulate the coordination in implementation of the order and procedures for litigation, execution of judgments, temporary detention and custody; corruption prevention and control and state compensation; contents assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President.

2. Ministers and heads of ministerial-level agencies may not promulgate joint circulars.

Article 21. Resolutions of provincial-level People’s Councils, decisions of provincial-level People’s Committees

1. Provincial-level People’s Councils shall promulgate resolutions to:

a/ Detail articles, clauses, points and other contents assigned in legal documents of superior state agencies;

b/ Provide policies and measures to facilitate the implementation of the Constitution, laws and legal documents of superior state agencies;

c/ Provide measures to facilitate local socio-economic development, budget, and national defense and security; and other particular measures suitable to local socio-economic development conditions; to perform decentralized tasks and powers;

d/ Provide the pilot implementation of policies in accordance with the Law on Organization of Local Administration.

2. Provincial-level People’s Committees shall promulgate decisions to:

a/ Detail articles, clauses, points and other contents assigned in legal documents of superior state agencies;

b/ Provide measures to implement the Constitution, laws, legal documents of superior state agencies, and resolutions of the same-level People’s Councils on local socio-economic development, budget, and national defense and security;

c/ Provide measures to implement the state management function in localities; decentralize tasks and powers and implement decentralized tasks and powers.

Article 22. Legal documents of local administrations in special administrative-economic units and district-level authorities

1. Local administration in special administrative-economic units shall promulgate legal documents in accordance with this Law and relevant legal documents of the National Assembly.

2. District-level People’s Councils shall promulgate resolutions to regulate issues assigned by laws and resolutions of the National Assembly; and to perform decentralized tasks and powers.

3. District-level People’s Committees shall promulgate decisions to regulate issues assigned by laws and resolutions of the National Assembly; to decentralize tasks and powers and perform decentralized tasks and powers.

Chapter III

FORMULATION AND PROMULGATION OF LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE NATIONAL ASSEMBLY STANDING COMMITTEE

Section 1

LEGISLATIVE ORIENTATIONS FOR THE ENTIRE TERM OF OFFICE AND ANNUAL LEGISLATIVE PROGRAMS OF THE NATIONAL ASSEMBLY

Article 23. Legislative orientations for the entire term of office of the National Assembly

1. The National Assembly Standing Committee shall assume the prime responsibility for, and coordinate with the Government in, formulating the legislative orientations for the entire term of office of the National Assembly, and complete this task before September 1 of the first year of the term of office of the National Assembly for submission to the competent Party agency for approval.

The National Assembly Standing Committee shall itself propose legislative tasks; the President, the Ethnic Council and Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Central Committee of the Vietnam Fatherland Front and central bodies of the Front’s member organizations, and National Assembly deputies shall submit proposals for legislative tasks to the National Assembly Standing Committee before August 1 of the first year of the term of office of the National Assembly for consideration and inclusion in the legislative orientations for the entire term of office of the National Assembly.

2. The grounds for formulating legislative orientations for the entire term of office of the National Assembly include:

a/ Policies and guidelines of the Party, and orientations and conclusions of competent agencies of the Party and the State;

b/ Results of the implementation of the legislative orientations of the National Assembly of the previous term of office, requirements for continued building and improvement of the legal system;

c/ New issues and new trends that need to be regulated by law;

d/ Requirements for resolving inadequacies arising from practice.

3. A proposal for legislative tasks must include: a report; a list of legislative tasks, clearly stating the grounds, content that needs to be studied, reviewed and institutionalized, the expected deadline for completing the study and review, and the deadline for amending, supplementing or promulgating laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee (if any).

4. Legislative orientations for the entire term of office of the National Assembly shall be included in a list of legislative tasks, specifically identifying the requirements for reviewing, proposing amendments and supplements, or studying and proposing the promulgation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee; in-charge agencies; and deadlines for completing the study and review, which shall be arranged in the order of priority for each year throughout the term of office of the National Assembly.

5. The National Assembly Standing Committee shall promulgate a plan on implementation of legislative orientations for the entire term of office of the National Assembly immediately after they are approved. In case new legislative tasks arise, the National Assembly Standing Committee shall consider and decide to adjust the implementation plan.

6. The Government, agencies and organizations assigned by the National Assembly Standing Committee to perform legislative tasks shall promulgate plans to implement legislative orientations for the entire term of office of the National Assembly; in the process of performing legislative tasks, they may proactively formulate policies and draft laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee.

Article 24. Annual legislative program of the National Assembly

1. Based on the legislative orientations for the entire term of office of the National Assembly or requirements to resolve problems arising from practice (if any), the National Assembly Standing Committee shall propose the formulation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee; the President, the Ethnic Council and Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Central Committee of the Vietnam Fatherland Front and the central bodies of the Front’s member organizations, and National Assembly deputies (below collectively referred to as the submitting agencies) shall submit reports proposing the formulation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee to the National Assembly Standing Committee before August 1 every year for inclusion in the legislative program of the subsequent year.

2. A report proposing the formulation of a law, an ordinance, or a resolution shall be submitted electronically and in 1 paper copy, clearly stating the necessity, purpose of promulgation, scope of regulation, and subjects of application; specific issues to be resolved to deal with conflicts, overlaps, and inadequacies caused by law; new issues, new trends, and other necessary contents (if any); expected time for submission and approval.

3. The National Assembly Standing Committee shall decide on the legislative program for the subsequent year before October 1 of the current year based on the proposals of submitting agencies.

Article 25. Approval of the annual legislative program

1. The Standing Body of the Legal Judicial Affairs Committee shall assume the prime responsibility for, and coordinate with submitting agencies, the Ethnic Council and other Committees of National Assembly in, giving opinions on contents of proposals for formulation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee; and the tentative annual legislative program and report thereon to the National Assembly Standing Committee.

2. The Standing Body of the Ethnic Council and the Standing Bodies of Committees of the National Assembly shall coordinate with one another in giving opinions on contents of proposals, the order of priority and the time for submission to the National Assembly and the National Assembly Standing Committee.

3. The National Assembly Standing Committee shall consider and adopt a resolution on the annual legislative program; the resolution must clearly state titles of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, submitting agencies, verifying agencies and expected time for submission by session of the National Assembly and meeting of the National Assembly Standing Committee; the resolution shall be sent to National Assembly deputies.

In case there is a proposal to formulate an ordinance of the National Assembly Standing Committee that has not been assigned by the National Assembly, the National Assembly Standing Committee shall report thereon to the National Assembly for consideration and decision.

4. The National Assembly Standing Committee shall direct the implementation of the annual legislative program.

Article 26. Adjustment of the annual legislative program

1. The National Assembly Standing Committee shall itself adjust, or consider and decide on the adjustment of, the annual legislative program in accordance with Article 25 of this Law in the following cases:

a/ Submitting agencies submit reports proposing the addition of laws or resolutions of the National Assembly, and ordinances or resolutions of the National Assembly Standing Committee to the annual legislative program as specified in Clause 2, Article 24 of this Law;

b/ Submitting agencies submit proposals for removal of laws or resolutions of the National Assembly, and ordinances or resolutions of the National Assembly Standing Committee from the annual legislative program or adjustment of the time for submission, clearly stating the reason.

2. In case it is proposed to promulgate a law or resolution right at an ongoing National Assembly session or the upcoming session to immediately resolve urgent issues, problems and inadequacies arising from practice while the proposal is not yet included in the annual legislative program, the submitting agency shall proactively organize the drafting of such law or resolution without having to go through the policy-making process; send the dossier of the draft law or resolution to the Ethnic Council and relevant Committee of the National Assembly for verification and submission to the National Assembly Standing Committee for the latter to give opinions and decide to add it to the tentative agenda of the National Assembly’s session for submission to the National Assembly for consideration and approval.

Section 2

POLICY MAKING

Article 27. Cases requiring implementation of the policy making process

1. The submitting agencies shall carry out the policy making process before proceeding with the drafting of the following legal documents:

a/ New laws and ordinances; laws and ordinances replacing current laws and ordinances;

b/ Laws amending and supplementing a number of articles of laws with contents restricting human rights and citizens’ rights in accordance with the Constitution;

c/ Pilot resolutions of the National Assembly.

2. For draft laws and draft resolutions of the National Assembly, and draft ordinances of the National Assembly Standing Committee other than those specified in Clause 1 of this Article, the submitting agencies are not required to carry out the policy making process but shall clearly state the impacts of the policy in the explanatory document on policy formalization.

3. The submitting agencies shall themselves formulate the policy proposals or assign the implementing agencies to formulate the policy proposals.

Article 28. Policy determination

1. The policy proposal-formulating agencies shall determine policies on the basis of adhering to the Party’s guidelines and policies; considering results of review of law enforcement or evaluation of the current state of social relations; guarantee of the exercise of human rights, and fundamental rights and obligations of citizens; ensuring national defense and security; complying with guidelines on power delegation and decentralization; responding to new issues and new trends; meeting state management requirements while encouraging innovation, unleashing all resources, and promoting socio-economic development; and ensuring commitments in relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The contents of each policy must be specific and clear, covering:

a/ Issues to be resolved, causes of each issue;

b/ Objectives to be achieved when resolving issues;

c/ Solutions to resolve each issue;

d/ Subjects directly affected by the policy, groups of subjects responsible for implementing the policy;

dd/ Selected optimal solutions.

Article 29. Regulatory impact assessment

1. The policy proposal-formulating agencies shall conduct regulatory assessment impact.

2. The contents of the regulatory impact assessment include:

a/ Impacts on the legal system, which shall be assessed on the basis of analysis of the policy’s constitutionality, legality and consistency with the legal system; compatibility with relevant treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ Socio-economic impacts, which shall be assessed on the basis of analyzing and forecasting costs, benefits, and positive and negative impacts with regard to one or several issue(s) related to production, business, employment, ethnicity, religion, culture, health, education, environment, and national defense and security; and other socio-economic issues;

c/ Gender impacts (if any), which shall be assessed on the basis of analyzing the opportunities, conditions, and capabilities to exercise and enjoy the rights and benefits of each gender;

d/ Impacts (if any) of administrative procedures, which shall be assessed on the basis of analyzing the necessity of administrative procedures to implement the policy.

3. For draft laws and draft resolutions of the National Assembly, and draft ordinances of the National Assembly Standing Committee which fall into the case specified in Clause 1, Article 27 of this Law, if a new policy is added, before voting for approval, the submitting agency shall organize regulatory impact assessment for that policy.

Article 30. Collection of opinions and policy consultation

1. The policy proposal-formulating agency shall:

a/ Organize the collection of opinions from subjects directly suffering impacts of the proposed policies, the Vietnam Fatherland Front and socio-political organizations, National Assembly deputies’ delegations, ministries, ministerial-level agencies and other related agencies, organizations and individuals. In case of consultation in writing, the consulted agencies and organizations shall give a written reply within 15 days after receiving the consultation request;

b/ Organize a consultation meeting with the Standing Body of the Ethnic Council and the Standing Body of the relevant Committee of the National Assembly, and related ministries and ministerial-level agencies on the policies that directly relate to the scope and fields under the latter’s management during the policy making process.

At the request of the Standing Body of the Ethnic Council and the Standing Body of the consulted Committee of the National Assembly, the policy proposal-formulating agency shall invite representatives of other National Assembly agencies, subjects or organizations representing the subjects directly suffering the policy’s impacts, experts, scientists and related agencies, organizations and individuals to attend the consultation meeting. At the consultation meeting, the leader of the policy proposal-formulating agency shall give explanations about and responses to issues related to the proposed policies. The policy proposal-formulating agency shall formulate a document on results of the policy consultation, clearly stating viewpoints of the consulted agencies, organizations and individuals.

Policy consultation with ministries and ministerial-level agencies shall be carried out in accordance with the Government’s regulations;

c/ Study, and respond to, opinions contributed and received via policy consultation.

2. The policy dossier for opinion collection and policy consultation must comprise the drafts of the following documents:

a/ The explanatory report;

b/ The regulatory impact assessment report;

c/ The report reviewing the Party’s guidelines and policies, legal documents, and treaties related to the proposed policies;

d/ The report summarizing the implementation of laws or assessing the current state of social relations related to the proposed policies;

e/ The commentary document on normatization of the proposed policies.

3. For policy dossiers not submitted by the Government, the policy proposal-formulating agency shall seek the Government’s opinions. The policy dossier sent to the Government for opinion must comprise a consultation request and the documents specified at Points b, c, d, dd, e and g, Clause 2, Article 31 of this Law. The Government shall reply in writing within 30 days after receiving the policy dossier.

The policy proposal-formulating agency shall study, and respond to, the Government’s opinions.

Article 31. Appraisal of policies in laws and resolutions of the National Assembly and ordinances of the National Assembly Standing Committee that are submitted by the Government

1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense and related agencies, organizations and individuals in, organizing the appraisal of policies in laws and resolutions of the National Assembly and ordinances of the National Assembly Standing Committee before submitting them to the Government within 30 days after receiving a complete dossier. The appraisal shall be carried out on the basis of the policy dossier submitted for appraisal.

For policies proposed by the Ministry of Justice or when necessary, the Minister of Justice shall establish an appraisal council.

2. A policy dossier submitted for appraisal must comprise:

a/ A request for appraisal, made by the policy proposal-formulating agency;

b/ The draft explanatory report;

c/ The regulatory impact assessment report;

d/ The report reviewing the Party’s guidelines and policies, legal documents, and treaties related to the proposed policies;

dd/ The report summarizing the implementation of laws or assessing the current state of social relations related to the proposed policies;

e/ The commentary document on normatization of the proposed policies;

g/ The summary of contributed opinions and opinions received via policy consultation and responses to these opinions.

3. The leader of the policy proposal-formulating agency shall give explanations about and responses to issues related to the proposed policies at the appraisal meeting.

4. The policy appraisal covers:

a/ The necessity of the proposed policies;

b/ The proposed policies’ conformity with the Party’s guidelines and policies and the State’s policies;

c/ The proposed policies’ constitutionality, legality and consistency with the legal system;

d/ The proposed policies’ compatibility with relevant treaties to which the Socialist Republic of Vietnam is a contracting party; satisfaction of requirements on national defense and security; financial resources; and human resources;

dd/ The necessity for regulating administrative procedures; delegation and decentralization of powers; assurance of gender equality and ethnic policies (if any);

e/ Compliance with the order and procedures for policy making.

5. The Ministry of Justice’s appraisal report must clearly state whether the policy dossier is qualified or not yet qualified for submission to the Government; and shall be sent to the Government and concurrently to the policy proposal-formulating agency.

In case the policy dossier is qualified for submission to the Government, the policy proposal-formulating agency shall study, prepare a report on responses to appraisal opinions and be held responsible for the contents of its responses for submission to the Government.

In case the policy dossier is not yet qualified for submission to the Government, the policy proposal-formulating agency shall study and respond to appraisal opinions, and complete the policy dossier for re-appraisal.

Article 32. Policy approval

1. For laws and resolutions of the National Assembly, and ordinances of the National Assembly Standing Committee that are submitted by the Government, the Government shall promulgate a resolution approving the policies for use as a basis for the drafting.

2. For laws and resolutions of the National Assembly, and ordinances of the National Assembly Standing Committee that are not submitted by the Government, the submitting agency shall promulgate a document approving the policies for use as a basis for the drafting.

Section 3

DRAFTING OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, AND ORDINANCES AND RESOLUTIONS OF THE NATIONAL ASSEMBLY STANDING COMMITTEE

Article 33. Drafting of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee

1. Submitting agencies shall themselves draft or assign another agency to draft (below referred to as drafting agency) laws, ordinances or resolutions. The contents of draft laws, ordinances or resolutions must adhere to the principles specified in Article 5 of this Law.

2. The drafting shall be organized as follows:

a/ For laws and resolutions of the National Assembly, and ordinances of the National Assembly Standing Committee requiring the implementation of the policy-making process, the drafting shall be carried out based on the approved policies.

In case new policies are supplemented during the drafting process, such new policies must go through the process prescribed in Articles 28, 29, 30, 31 and 32 of this Law;

b/ For laws, ordinances and resolutions not requiring the implementation of the policy-making process, the drafting shall be carried out based on the plan on implementation of the legislative orientations for the entire term of office of the National Assembly and the annual legislative program.

3. Drafting agencies shall:

a/ Collect opinions from National Assembly deputies’ delegations and subjects directly affected by the draft laws, ordinances or resolutions; collect opinions from ministries and ministerial-level agencies on the contents of the draft laws, ordinances or resolutions, which are related to the latter’s sector-specific management functions and from other related agencies, organizations and individuals. In case of collecting opinions in writing, the consulted agencies, organizations and individuals shall give written responses within 15 after receiving a consultation request.

For draft laws and resolutions of the National Assembly and draft ordinances of the National Assembly Standing Committee that have gone through the policy-making process, the collection of opinions is not required;

b/ Collect opinions through social criticism by the Vietnam Fatherland Front and assign representatives to attend social criticism meetings upon request.

The Vietnam Fatherland Front shall organize or request socio-political organizations to organize social criticism meetings. Written critiques shall be sent to drafting agencies within 20 days after receiving a consultation dossier;

c/ Post dossiers of draft laws, ordinances or resolutions on their portals for at least 20 days for agencies, organizations and individuals to contribute opinions, unless otherwise specified by relevant treaties to which the Socialist Republic of Vietnam is a contracting party. In case a legal document is promulgated according to the fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law;

d/ Study and respond to contributed opinions and opinions received through social criticism.

4. The dossier of a draft law, ordinance or resolution sent for social criticism, solicitation of opinions or posting must comprise:

a/ A draft explanatory report on the draft law, ordinance or resolution;

b/ The draft law, ordinance or resolution;

c/ A report summarizing the implementation of laws or evaluating the current state of social relations related to the draft law, ordinance or resolution;

d/ A report reviewing the Party’s guidelines and policies, legal documents, and treaties related to the draft law, ordinance or resolution;

dd/ A document assessing administrative procedures, decentralization, delegation of power, gender equality assurance, and ethnic policies in the draft law, ordinance or resolution (if any);

e/ A commentary report on policy normatization, for the case specified in Clause 2, Article 27 of this Law;

g/ A document collating the draft law, ordinance or resolution with the corresponding current law(s), ordinance(s) or resolution(s) it will amend, supplement or replace.

h/ Other documents (if any).

Article 34. Appraisal of draft laws and resolutions of the National Assembly, and draft ordinances and resolutions of the National Assembly Standing Committee submitted by the Government

1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense and related agencies, organizations and individuals in, appraising draft laws, ordinances or resolutions before submitting them to the Government within 30 days after receiving a complete dossier. The appraisal shall be conducted based on dossiers of the draft laws, ordinances or resolutions submitted for appraisal.

For draft laws, ordinances or resolutions for which the Ministry of Justice is the drafting agency or in case of necessity, the Minister of Justice shall establish an appraisal council.

2. The dossier of a draft law, ordinance or resolution submitted for appraisal must comprise:

a/ A written request for appraisal;

b/ A draft explanatory report on the draft law, ordinance or resolution;

c/ The draft law, ordinance or resolution;

d/ A report summarizing the implementation of laws or evaluating the current state of social relations related to the draft law, ordinance or resolution;

dd/ A report reviewing the Party’s guidelines and policies, legal documents, and treaties related to the draft law, ordinance or resolution;

e/ A document assessing administrative procedures, decentralization, delegation of power, gender equality assurance, and ethnic policies in the draft law, ordinance or resolution (if any);

g/ A commentary report on policy normatization, for the case specified in Clause 2, Article 27 of this Law;

h/ A document collating the draft law, ordinance or resolution with the corresponding current law(s), ordinance(s) or resolution(s) it will amend, supplement or replace;

i/ A document summarizing and responding to contributed opinions and opinions received through social criticism;

k/ Other documents (if any).

3. Leaders of the drafting agency shall present and give explanations about issues related to the draft law, ordinance or resolution at the appraisal meeting.

4. The appraisal must cover:

a/ The necessity for promulgation of the law, ordinance or resolution;

b/ The conformity of the contents of the draft law, ordinance or resolution with the Party’s guidelines and policies; and its constitutionality, legality and consistency with the legal system;

c/ The conformity of the contents of the draft law, ordinance or resolution with the approved policies (if any);

d/ The compatibility of the contents of the draft law, ordinance or resolution with relevant treaties to which the Socialist Republic of Vietnam is a contracting party; assurance of national defense and security requirements; financial resources; and human resources;

dd/ The necessity for, and reasonability of, administrative procedures; decentralization and delegation of powers; assurance of gender equality, and ethnic policies in the draft law, ordinance or resolution (if any);

e/ The language, format and techniques of presentation, and the order and procedures for drafting the law, ordinance or resolution.

5. The appraisal report must clearly indicate whether or not the draft law, ordinance or resolution is qualified for submission to the Government; the appraisal report shall be sent to the Government and concurrently to the drafting agency.

In case the draft law, ordinance or resolution is qualified for submission to the Government, the drafting agency shall study and respond to the appraisal opinions, prepare a report thereon, and take responsibility for the contents of the report for submission to the Government.

If the draft law, ordinance or resolution is not yet qualified for submission to the Government, the drafting agency shall respond to appraisal opinions and finalize the dossier of the draft law, ordinance or resolution for re-appraisal.

Article 35. Giving opinions on draft laws and resolutions of the National Assembly, and draft ordinances and resolutions of the National Assembly Standing Committee not submitted by the Government

1. The Government shall give opinions on draft laws, ordinances or resolutions not submitted by the Government before they are submitted to the National Assembly or the National Assembly Standing Committee. The time limit for giving opinions is 30 days after receiving a complete dossier.

2. The dossier of a draft law, ordinance or resolution submitted to the Government for opinion must include a consultation request and the documents specified at Points b, c, d, dd, e, g, h, i and k, Clause 2, Article 34 of this Law.

3. Submitting agencies shall study and respond to the Government’s opinions.

Article 36. Consideration and decision on submission of draft laws and resolutions of the National Assembly, and draft ordinances and resolutions of the National Assembly Standing Committee

1. The Government shall consider and decide on the submission of a draft law, ordinance or resolution based on the explanatory report on the draft law, ordinance or resolution made and dossier of the draft law, ordinance or resolution submitted by the drafting agency after the latter has studied and given responses to appraisal opinions.

2. For draft laws, ordinances or resolutions not submitted by the Government, submitting agencies shall consider and decide on the submission thereof after studying and giving responses to the Government’s opinions.

Section 4

VERIFICATION, PASSAGE AND ANNOUNCEMENT OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, AND ORDINANCES AND RESOLUTIONS OF THE NATIONAL ASSEMBLY STANDING COMMITTEE

Article 37. Verification of draft laws, ordinances or resolutions

1. For a draft law or resolution to be submitted to the National Assembly, at least 45 days prior to the opening date of the session of the National Assembly, the submitting agency shall send the dossier specified in Clause 3 of this Article to the verifying agency for verification and send an electronic version of the dossier to the Secretary General of the National Assembly-Chairperson of the National Assembly Office for forwarding to the National Assembly deputies’ delegations and posting on the National Assembly’s Portal.

For a draft ordinance or resolution to be submitted to the National Assembly Standing Committee, at least 20 days prior to the opening date of the meeting of the National Assembly Standing Committee, the submitting agency shall send the dossier specified in Clause 3 of this Article to the verification agency for verification.

2. The Ethnic Council and Committees of the National Assembly shall assume the prime responsibility for verification of draft laws and resolutions of the National Assembly, and draft ordinances and resolutions of the National Assembly Standing Committee in the fields under their charge, as well as other draft laws, ordinances and resolutions as assigned by the National Assembly or the National Assembly Standing Committee; and participate in verifying contents related to the fields under their charge in draft laws, ordinances and resolutions which are verified by other agencies of the National Assembly as specified by the National Assembly Standing Committee. The Standing Body of the Legal and Judicial Affairs Committee shall participate in verifying the constitutionality, legality and consistency of draft laws, ordinances and resolutions with the legal system.

3. The dossier of a draft law, ordinance or resolution submitted for verification must comprise:

a/ An explanatory report on the draft law, ordinance or resolution;

b/ The draft law, ordinance or resolution;

c/ A report summarizing the implementation of laws or evaluating the current state of social relations related to the draft law, ordinance or resolution;

d/ A report reviewing the Party’s guidelines and policies, legal documents and treaties related to the draft law, ordinance or resolution;

dd/ A document assessing administrative procedures, decentralization, delegation of power, gender equality assurance, and ethnic policies in the draft law, ordinance or resolution (if any);

e/ A commentary report on policy normatization, for the case specified in Clause 2, Article 27 of this Law;

g/ A document collating the draft law, ordinance or resolution with the corresponding current law(s), ordinance(s) or resolution(s) it will amend, supplement or replace;

h/ A document summarizing contributed opinions and opinions collected through social criticism and responses to these opinions;

i/ An appraisal report or a report on the Government’s opinions of the draft law, ordinance or resolution, for draft laws, ordinances or resolutions not submitted by the Government;

k/ A report on responses to appraisal opinions on the draft law, ordinance or resolution, for draft laws, ordinances and resolutions submitted by the Government, or a report on responses to the Government’s opinions, for draft laws, ordinances or resolutions not submitted by the Government;

l/ Other documents (if any).

4. The verification must focus on:

a/ Conformity of the contents of the draft law, ordinance or resolution with the Party’s guidelines and policies;

b/ Scope of regulation and subjects of application of the draft law, ordinance or resolution;

c/ Contents of the draft law, ordinance or resolution and issues on which opinions remain divergent (if any);

d/ The constitutionality, legality and consistency of the draft law, ordinance or resolution with the legal system;

dd/ The compatibility of the contents of the draft law, ordinance or resolution with relevant treaties to which the Socialist Republic of Vietnam is a contracting party; assurance of national defense and security requirements; financial resources; and human resources;

dd/ The necessity for, and reasonability of, administrative procedures; decentralization and delegation of power; assurance of gender equality, and ethnic policies in the draft law, ordinance or resolution (if any);

g/ The feasibility of the provisions of the draft law, ordinance or resolution;

e/ The language, format and techniques of presentation, and the order and procedures for drafting the law, ordinance or resolution.

5. Verification method:

a/ The verifying agency shall hold a plenary meeting to verify the draft law, ordinance or resolution. When it is impossible to hold a plenary meeting, the verifying agency, that is the Ethnic Council or a Committee of the National Assembly, may hold a meeting of its Standing Body to conduct the preliminary verification of the draft law, ordinance or resolution for timely submission to the National Assembly Standing Committee for opinion before submission to the National Assembly;

b/ The verifying agency shall invite representatives of agencies participating in the verification or the Standing Bodies of these agencies to attend the verification meeting;

c/ Leaders of the verifying agency, for draft laws, ordinances or resolutions submitted by the Government, or National Assembly deputies and leaders of the submitting agency, for draft laws, resolutions or not submitted by the Government, shall attend, report, and give explanations about issues related to the draft law, ordinance or resolution at the verification meeting.

6. A verification report must:

a/ Clearly express the verifying agency’s viewpoints on the issues subject to verification specified in Clause 4 of this Article;

b/ Fully reflect opinions of members of the verifying agency, opinions of agencies participating in the verification, and opinions of the National Assembly deputies’ delegations (if any) on the contents of the draft law, ordinance or resolution; clearly state whether or not the draft law, ordinance or resolution is qualified for submission to the National Assembly Standing Committee or the National Assembly; in case the draft law, ordinance or resolution is not yet qualified for submission, the verifying agency shall report thereon to the National Assembly Standing Committee for the latter to consider returning the dossier to the submitting agency for further revision and completion.

Article 38. Giving opinions by the National Assembly Standing Committee on draft laws and resolutions of the National Assembly

1. It is required to seek opinions from the National Assembly Standing Committee on a draft law or resolution of the National Assembly before the draft law or resolution is submitted to the National Assembly. The National Assembly Standing Committee may bring the draft law or resolution to a meeting of full-time National Assembly deputies for discussion and opinion.

2. At least 7 days prior to the opening date of the meeting of the National Assembly Standing Committee, the dossier specified in Clause 3, Article 37 of this Law and the verification report shall be sent to the National Assembly Standing Committee.

3. The National Assembly Standing Committee shall give opinions on a draft law or resolution of the National Assembly at one or several meeting(s) in the following order:

a/ The submitting agency presents the basic contents of the draft law or resolution;

b/ The verifying agency presents the verification report and recommends issues that need to be discussed by the National Assembly;

c/ A representative of the Government presents the opinions on the draft law or resolution, for draft laws and resolutions not submitted by the Government;

d/ Agencies, organizations and individuals attending the meeting present their opinions;

dd/ The National Assembly Standing Committee discusses;

e/ The person who chairs the meeting makes a conclusion.

4. The submitting agency shall revise and finalize the draft law or resolution on the basis of incorporating opinions of the National Assembly Standing Committee.

5. The submitting agency shall report to the National Assembly Standing Committee on the revision and finalization of the draft law or resolution on the basis of incorporating the latter’s opinions. The Standing Body of the verifying agency shall report its opinions on the revision and finalization of the draft law or resolution by the submitting agency to the National Assembly Standing Committee. In case the submitting agency and the National Assembly Standing Committee still hold divergent opinions or the draft law or resolution contains complicated important contents that require more time for revision, the National Assembly Standing Committee shall, on its own or at the request of the submitting agency, decide to postpone the time to submit the draft law or resolution to the National Assembly for passage.

6. At least 20 days prior to the opening date of the session of the National Assembly, the National Assembly Standing Committee shall direct the inclusion in the tentative agenda of the session of the National Assembly draft laws and resolutions on which the National Assembly Standing Committee has given opinions and which are qualified for submission to the National Assembly.

Article 39. Consideration and passage of draft laws and resolutions of the National Assembly, and draft ordinances and resolutions of the National Assembly Standing Committee

1. The National Assembly shall consider and approve a draft law or resolution at a single session, except the case specified in Clause 11, Article 40 of this Law. At least 15 days prior to the opening date of the session, the dossier of the draft law or resolution and the verification report shall be sent to National Assembly deputies.

2. The National Assembly Standing Committee shall consider and pass a draft ordinance or resolution at a single session, except the case specified in Clause 2, Article 42 of this Law. At least 10 days prior to the opening date of the session, the dossier of the draft ordinance or resolution and the verification report shall be sent to members of the National Assembly Standing Committee.

3. The dossier of a draft law or resolution submitted to the National Assembly, and of a draft ordinance or resolution submitted to the National Assembly Standing Committee, comprising the documents specified in Clause 3, Article 37 of this Law, and the verification report, shall be sent electronically and in 3 printed copies.

Article 40. Order of consideration and passage of a draft law or resolution of the National Assembly

1. The submitting agency presents the explanatory report on the draft law or resolution.

2. The verifying agency presents the verification report.

3. The National Assembly discusses the draft law or resolution at a plenary meeting. Before the plenary discussion, the draft law or resolution may be discussed in group meetings of National Assembly deputies.

4. During the discussion, the submitting agency gives explanations on issues related to the draft law or resolution which are raised by National Assembly deputies.

5. The National Assembly casts votes on important and major issues of the draft law or resolution on which opinions remain divergent at the proposal of the submitting agency or the National Assembly Standing Committee so as to have grounds for revision.

6. The Secretary General of the National Assembly-Chairperson of the National Assembly Office organizes the summarization of opinions of National Assembly deputies and the voting result, for the case specified in Clause 5 of this Article, for sending to the submitting agency and verifying agency.

7. The study and response to opinions on, and revision of, the draft law or resolution shall be carried out in the following order:

a/ The submitting agency shall assume the prime responsibility for, and coordinate with the Standing Body of the verifying agency and related agencies and organizations in, studying and responding to opinions on, and revising, the draft law or resolution, preparing a report thereon, and revising the draft law or resolution for submission to the National Assembly Standing Committee for opinion; the Standing Body of the verifying agency shall report to the National Assembly Standing Committee its opinion on the submitting agency’s responses to opinions and tentative revision of the draft law or resolution;

b/ The submitting agency shall assume the prime responsibility for, and coordinate with the Standing Body of the verifying agency and related agencies and organizations in, studying, responding to, and revising the draft law or resolution based on opinions of the National Assembly Standing Committee;

c/ At least 3 days prior to the date the National Assembly casts votes to pass the draft law or resolution, the submitting agency shall assume the prime responsibility for, and coordinate with the Standing Body of the verifying agency and related agencies and organizations in, completing the review and finalization of the draft law or resolution in terms of language, format and presentation techniques and submit the draft law or resolution to the National Assembly;

d/ In case the submitting agency’s opinions differ from those of the National Assembly Standing Committee or the draft law or resolution contains important and complicated contents that require more time for studying and responding to opinions and revising the draft law or resolution, the National Assembly Standing Committee shall, on its own or at the proposal of the submitting agency, propose the National Assembly to consider and decide to postpone the submission of the draft law or resolution to the National Assembly for passage to the next session or to re-submit the draft law or resolution.

8. The submitting agency shall report its responses to opinions on, and revision of, the draft law or resolution to the National Assembly.

9. The National Assembly shall cast votes to pass the draft law or resolution. In case there are issues on which opinions remain divergent, the National Assembly shall cast votes on those issues at the proposal of the National Assembly Standing Committee before voting to pass the full text of the draft law or resolution.

10. The Chairperson of the National Assembly shall sign to certify the law or resolution of the National Assembly.

11. In case the draft law or resolution is not passed, the National Assembly shall consider and decide to postpone the time of passage for further completion and submission of the draft law or resolution to the National Assembly for passage at the next session or to re-submit it.

12. The completion and submission of the draft law or resolution to the National Assembly for passage at the next session must comply with Article 41 of this Law. The re-submission must comply with Articles 37, 38 and 40 of this Law; the dossier of the draft law or resolution and the deadline for dossier submission must comply with Clauses 1 and 3, Article 39 of this Law.

Article 41. Order of consideration and passage of a draft law or resolution at the next session

1. Before the next session is held, the submitting agency shall assume the prime responsibility for, and coordinate with the Standing Body of the verifying agency and related agencies and organizations in, studying and responding to opinions, revising the draft law or resolution, and preparing a report thereon for submission to the National Assembly Standing Committee.

In case the National Assembly Standing Committee organizes a meeting of full-time National Assembly deputies to discuss and give opinions on the draft law or resolution, the submitting agency shall submit the report and further study and respond to opinions of deputies attending the meeting.

2. The National Assembly Standing Committee shall consider and give opinions on the responses to opinions and the revision of the draft law or resolution in the following order:

a/ The submitting agency presents the report on responses to opinions and revision of the draft law or resolution;

b/ The Standing Body of the verifying agency presents its opinions on the submitting agency’s responses to opinions and tentative revision of the draft law or resolution;

c/ The National Assembly Standing Committee considers and discusses the revised draft law or resolution.

3. The submitting agency shall give responses to opinions of the National Assembly Standing Committee.

4. At the next session:

a/ The submitting agency reports to the National Assembly on its responses to opinions and revision of the draft law or resolution, clearly stating any opinions that differ from those of the National Assembly Standing Committee or the Government (if any), for draft laws or resolutions not submitted by the Government;

b/ The Standing Body of the verifying agency presents its opinions on the submitting agency’s responses to opinions and tentative revision of the draft law or resolution;

c/ The National Assembly discusses the contents of the draft law or resolution;

d/ The study and response to opinions of National Assembly deputies for revision of the draft law or resolution, submission of the draft law or resolution to the National Assembly for passage, and signing for certification must comply with Clauses 7, 8, 9 and 10, Article 40 of this Law.

Article 42. Order of consideration and passage of a draft ordinance or resolution of the National Assembly Standing Committee

1. The National Assembly Standing Committee shall consider and pass a draft ordinance or resolution in the following order:

a/ The submitting agency presents an explanatory report on the draft ordnance or resolution;

b/ The verifying agency presents a verification report;

c/ Agencies, organizations and individuals invited to attend the meeting give their opinions;

d/ The National Assembly Standing Committee discusses, the person who chairs the meeting makes a conclusion;

dd/ The submitting agency assumes the prime responsibility for, and coordinates with the Standing Body of the verifying agency and related agencies and organizations in, studying and responding to opinions, and revising the draft ordinance or resolution based on opinions of the National Assembly Standing Committee; organizes and completes the review and finalization of the draft ordinance or resolution in terms of language, format and presentation techniques at least 3 days prior to the date the National Assembly Standing Committee casts votes to pass the draft ordinance or resolution;

e/ The submitting agency reports to the National Assembly Standing Committee on its responses to opinions and revision of the draft ordinance or resolution; the Standing Body of the verifying agency presents its opinions on the submitting agency’s responses to opinions and tentative revision of the draft (if any);

g/ The National Assembly Standing Committee casts votes to pass the draft ordinance or resolution. In case there are issues on which opinions remain divergent, the National Assembly Standing Committee shall cast votes on those issues at the request of the person who chairs the meeting before voting to pass the full text of draft ordinance or resolution;

h/ The Chairperson of the National Assembly signs the ordinance or resolution of the National Assembly Standing Committee.

2. In case the draft ordinance or resolution is not passed, the submitting agency shall assume the prime responsibility for, and coordinate with the Standing Body of the verifying agency and related agencies and organizations in, studying and responding to opinions, revising the draft, and preparing a report thereon for submission to the National Assembly Standing Committee for the latter to consider and pass the draft ordinance or resolution at the next meeting in the following order:

a/ The submitting agency presents the report on responses to opinions and revision of the draft ordinance or resolution;

b/ The Standing Body of the verifying agency presents its opinions on the report on responses to opinions on, and revision of, the draft ordinance or resolution;

c/ The National Assembly Standing Committee considers, discusses and casts votes to pass the draft ordinance or resolution. In case there are issues on which opinions remain divergent, the National Assembly Standing Committee shall cast votes on such issues at the request of the person who chairs of the meeting before voting to pass the full text of the draft ordinance or resolution;

d/ The Chairperson of the National Assembly signs the ordinance or resolution of the National Assembly Standing Committee.

Article 43. Announcement of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee

1. The President shall announce laws and ordinances within 15 days from the date of their passage.

For an ordinance which has been passed by the National Assembly Standing Committee but the President requests the National Assembly Standing Committee to review, the President shall, within 10 days after its passage, send a document to the National Assembly Standing Committee to request the review. The National Assembly Standing Committee shall review the issues on which the President has given his/her opinions at the upcoming session. After the ordinance has been voted on and re-passed by the National Assembly Standing Committee, the President shall announce it within 15 days from the date it is re-passed by the National Assembly Standing Committee. In case the President still disagrees, he/she shall submit it to the National Assembly for decision at the upcoming session.

2. The Secretary General of the National Assembly-Chairperson of the National Assembly Office shall announce resolutions of the National Assembly and resolutions of the National Assembly Standing Committee within 15 days from the date of their passage.

For resolutions which are formulated and promulgated according to fast-track procedures and in special cases, the Secretary General of the National Assembly-Chairperson of the National Assembly Office shall announce such resolutions within 5 days from the date of their passage.

Chapter IV

FORMULATION AND PROMULGATION OF LEGAL DOCUMENTS OF OTHER AGENCIES

Article 44. Formulation and promulgation of an order or a decision of the President

1. The President shall, at his/her own will or at the proposal of the Government, the Supreme People’s Court, the Supreme People’s Procuracy or another competent agency, decide on the agency to take charge of drafting the order or decision.

2. The drafting agency shall organize the drafting of the order or decision.

3. The President may request the drafting agency to discuss important issues of the draft order or decision.

4. Depending on the contents of the draft order or decision, the President shall decide whether to post the whole text of the draft order or decision on the portal of the drafting agency. The draft order or decision shall be posted for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. In case the legal document is promulgated according to the fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law.

5. The drafting agency shall study and revise and draft order or decision based on opinions of related agencies, organizations and individuals and report thereon to the President.

6. The President shall consider and sign the order or decision for promulgation.

Article 45. Formulation and promulgation of legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies and local administrations

The Government shall prescribe the order and procedures for formulation and promulgation of legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies and local administrations.

Article 46. Formulation and promulgation of resolutions of the Judicial Council of the Supreme People’s Court, circulars of the Chief Justice of the Supreme People’s Court

1. Formulation and promulgation of resolutions of the Judicial Council of the Supreme People’s Court:

a/ The drafting of resolutions of the Judicial Council of the Supreme People’s Court shall be organized and directed by the Chief Justice of the Supreme People’s Court;

b/ Draft resolutions shall be posted on the Portals of the Government and the Supreme People’s Court for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. For resolutions which are promulgated according to fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law;

Draft resolutions shall be sent to the Supreme People’s Procuracy, the Ministry of Justice, related ministries and ministerial-level agencies, the Vietnam Lawyers Association and the Vietnam Bar Federation for opinion;

c/ The Chief Justice of the Supreme People’s Court shall direct the acceptance of collected opinions on draft resolutions;

d/ The Chief Justice of the Supreme People’s Court shall establish an advisory council to appraise draft resolutions of the Supreme People’s Court with the participation of representatives of the Supreme People’s Procuracy, the Ministry of Justice, related agencies, organizations and units, experts, and scientists;

dd/ Draft resolutions shall be discussed at a meeting of the Judicial Council of the Supreme People’s Court with the attendance of the Procurator General of the Supreme People’s Procuracy and the Minister of Justice;

e/ The Judicial Council of the Supreme People’s Court shall hold a meeting to adopt draft resolutions.

In case the Procurator General of the Supreme People’s Procuracy or the Minister of Justice disagrees with a resolution of the Judicial Council of the Supreme People’s Court, he/she may report it to the National Assembly Standing Committee for consideration and opinion at the upcoming session;

g/ The Chief Justice of the Supreme People’s Court shall sign resolutions of the Judicial Council of the Supreme People’s Court.

2. Formulation and promulgation of circulars of the Chief Justice of the Supreme People’s Court:

a/ The drafting of circulars of the Chief Justice of the Supreme People’s Court shall be organized and directed by the Chief Justice of the Supreme People’s Court;

b/ The units assigned to draft circulars shall review the implementation of laws concerning the draft circulars; study relevant information and materials; outline, compile and revise the draft circulars; organize the collection of opinions; and prepare  a report on the draft circulars and relevant documents.

Draft circulars shall be posted on the Portal of the Supreme People’s Court for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. For circulars which are promulgated according to fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law.

Depending on the characteristics and contents of draft circulars, the Chief Justice of the Supreme People’s Court shall decide to send the draft circulars to local people’s courts, military courts and related agencies and organizations for opinion;

c/ The Judicial Council of the Supreme People’s Court shall discuss and give opinions on draft circulars of the Chief Justice of the Supreme People’s Court;

d/ The Chief Justice of the Supreme People’s Court shall direct the acceptance of collected opinions, and consider and sign to promulgate circulars.

Article 47. Formulation and promulgation of circulars of the Procurator General of the Supreme People’s Procuracy

1. The drafting of circulars of the Procurator General of the Supreme People’s Procuracy shall be organized and directed by the Procurator General of the Supreme People’s Procuracy.

2. The units assigned to draft circulars shall review the implementation of laws concerning the draft circulars; study relevant information and materials; outline, compile and revise the draft circulars; organize collection of opinions; and prepare reports on the draft circulars and relevant documents.

3. Draft circulars shall be posted on the Portal of the Supreme People’s Procuracy for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. For circulars which are promulgated according to fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law.

Depending on the characteristics and contents of draft circulars, the Procurator General of the Supreme People’s Procuracy shall decide to send the draft circulars to local people’s procuracies, military procuracies and related agencies and organizations for opinion;

4. The Procuracy Committee of the Supreme People’s Procuracy shall discuss and present opinions on draft circulars of the Procurator General of the Supreme People’s Procuracy;

5. The Procurator General of the Supreme People’s Procuracy shall direct the acceptance of collected opinions, and consider and sign to promulgate circulars.

Article 48. Formulation and promulgation of circulars of the State Auditor-General

1. The drafting of circulars of the State Auditor-General shall be organized and directed by the State Auditor-General.

2. Draft circulars shall be posted on the Portal of the State Audit Office of Vietnam for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. For circulars which are promulgated according to fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law.

3. Depending on the characteristics and contents of draft circulars, the State Auditor-General shall decide to send the draft circulars to related agencies and organizations for opinion.

4. The State Auditor-General shall direct the acceptance of collected opinions, and consider and sign to promulgate circulars.

Article 49. Formulation and promulgation of joint legal documents

1. Formulation and promulgation of joint resolutions:

a/ The National Assembly Standing Committee shall assign agencies to take charge of  the drafting of joint resolutions of the National Assembly Standing Committee and the Presidium of the Central Committee of the Vietnam Fatherland Front, and joint resolutions of the National Assembly Standing Committee, the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front; the Government shall assign agencies to take charge of the drafting of joint resolutions of the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front;

b/ Drafting agencies shall organize the drafting of joint resolutions;

c/ In the course of drafting joint resolutions, drafting agencies shall collect opinions from related agencies, organizations and individuals;

d/ Draft joint resolutions of the Government and other agencies shall be appraised by the Ministry of Justice. The appraisal must comply with Article 34 of this Law;

dd/ Draft joint resolutions of the National Assembly Standing Committee and other agencies shall be verified by the Ethnic Council or Committees of the National Assembly. The verification must comply with Article 37 of this Law;

e/ Drafting agencies shall study collected opinions to revise the draft joint resolutions;

g/ A draft joint resolution shall be adopted if it is agreed upon by the agencies and organizations competent to promulgate it;

h/ The Chairperson of the National Assembly or the Prime Minister and the President of the Central Committee of the Vietnam Fatherland Front shall jointly sign to promulgate joint resolutions.

2. Formulation and promulgation of joint circulars:

a/ The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers and heads of ministerial-level agencies shall assign agencies to take charge of the drafting of joint circulars of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers, and heads of ministerial-level agencies;

b/ Drafting agencies shall organize the drafting of joint circulars;

c/ Draft joint circulars shall be posted on the portals of the drafting agencies for at least 20 days for public opinion, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party. For joint circulars which are promulgated according to fast-track procedures, the posting must comply with Point b, Clause 4, Article 51 of this Law.

For draft joint circulars involving the Chief Justice of the Supreme People’s Court, it is required to solicit opinions from members of the Judicial Council of the Supreme People’s Court; for draft joint circulars involving the Procurator General of the Supreme People’s Procuracy, it is required to solicit opinions from members of the Procuracy Committee of the Supreme People’s Procuracy;

d/ Drafting agencies shall study collected opinions to revise draft joint circulars;

dd/ A draft joint circular shall be approved if it is agreed upon by persons competent to promulgate it;

e/ The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor-General, ministers and heads of ministerial-level agencies shall sign to promulgate joint circulars.

Chapter V

FORMULATION AND PROMULGATION OF LEGAL DOCUMENTS ACCORDING TO FAST-TRACK PROCEDURES AND IN SPECIAL CASES

Article 50. Cases and competence to decide on the formulation and promulgation of legal documents according to fast-track procedures

1. The formulation and promulgation of legal documents shall be carried out according to fast-track procedures in the following cases:

a/ Cases of emergency as prescribed in the law on the state of emergency; upon unscheduled and urgent request for the purpose of national defense and security, or  national interests, and in response to disasters, epidemics, fires and explosions;

b/ Cases of urgent situations for addressing problems arising from practice;

c/ Cases requiring suspension of the effect of part or the whole of legal documents to promptly protect the interests of the State or the lawful rights and interests of organizations and individuals;

d/ Cases requiring prompt revisions to conform with a new legal document; cases requiring prompt promulgation of a legal document to implement a relevant treaty to which the Socialist Republic of Vietnam is a contracting party;

dd/ Cases requiring adjustment of the application period of the whole or part of a legal document for a certain period to address urgent problems arising from practice;

e/ Cases of promulgation of detailing documents of legal documents which are promulgated according to fast-track procedures or in special cases.

2. Competence to decide on the formulation and promulgation of legal documents according to fast-track procedures:

a/ The National Assembly Standing Committee shall, on its own or at the proposal of submitting agencies, decide to apply fast-track procedures to the formulation and promulgation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee;

b/ The President shall, on his/her own or at the proposal of the Government, the Supreme People’s Court, the Supreme People’s Procuracy or other competent agencies, decide to apply fast-track procedures to the formulation and promulgation of orders and decisions of the President;

c/ The Government or the Prime Minister shall, on its/his/her own or at the proposal of drafting agencies, decide to apply fast-track procedures to the formulation and promulgation of decrees and resolutions of the Government and decisions of the Prime Minister;

d/ Ministers, heads of ministerial-level agencies, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor-General shall, on their/his/her own or at the proposal of drafting agencies, decide to apply fast-track procedures to the formulation and promulgation of legal documents they/he/she promulgate(s) or jointly promulgate(s);

dd/ The Standing Bodies of People’s Councils shall decide to apply fast-track procedures to the formulation and promulgation of resolutions of People’s Councils at the proposal of submitting agencies; Chairpersons of People’s Committees shall decide to apply fast-track procedures to the formulation and promulgation of decisions of People’s Committees at the proposal of drafting agencies;

e/ Local administrations in special administrative-economic units shall decide to apply fast-track procedures to the formulation and promulgation of legal documents they promulgate.

Article 51. Fast-track procedures in formulation of legal documents

1. The proposal for and decision on application of fast-track procedures shall be made before or in the course of policy making or drafting of legal documents.

2. In case the legal documents specified in Clause 1, Article 27 of this Law are formulated according to fast-track procedures, they are not required to go through the policy making process.

3. A written proposal for the application of fast-track procedures to the formulation of a legal document must have the following contents:

a/ The necessity for promulgation of the legal document, clearly stating problems arising from practice, forecasts of negative impacts on subjects directly affected by the legal document and potential consequences if the legal document is not promptly promulgated to address them;

b/ The scope of regulation and subjects of application;

c/ Projected principal contents of the legal document;

d/ Grounds for application of fast-track procedures as prescribed in Clause 1, Article 50 of this Law.

4. The drafting of a legal document according to fast-track procedures is as follows:

a/ The drafting agency shall organize the drafting of the legal document;

b/ The drafting agency may post the draft document on its portal, unless otherwise provided by a relevant treaty to which the Socialist Republic of Vietnam is a contracting party; may solicit opinions from subjects directly affected by the legal document and related agencies, organizations and individuals and conduct public communications about the contents of the draft legal document. If opinions are solicited in writing, the time limit for opinion solicitation is 3 days from the date the solicitation request is received.

5. The appraisal and verification of a legal document according to fast-track procedures is as follows:

a/ The dossier of the legal document submitted for appraisal must comprise a written request for appraisal, a draft explanatory report on the legal document; the draft legal document; a report comparing the draft legal document with the current law(s) or resolution(s) of the National Assembly, or draft ordinance(s) or resolution(s) of the National Assembly Standing Committee it will amend, supplement or replace; and a document summarizing opinions contributed by agencies, organizations and individuals (if any) and responses to these opinions;

b/ The dossier of the legal document submitted for verification must comprise a draft explanatory report on the legal document, the draft legal document, the appraisal report, and a report on responses to appraisal opinions; a report comparing the draft legal document with the current law(s) or resolution(s) of the National Assembly, or draft ordinance(s) or resolution(s) of the National Assembly Standing Committee it will amend, supplement or replace; and a document summarizing opinions contributed by agencies, organizations and individuals (if any) and responses to these opinions;

c/ Within 7 days after receiving the dossier of the draft legal document, the appraising agency shall appraise it and the verifying agency shall verify it. For the draft legal document containing complicated contents that cover multiple sectors and fields, the appraisal time limit is 15 days after the receipt of the dossier;

d/ The drafting agency shall study and respond to appraisal and verification opinions. In case the appraising agency concludes that the draft legal document is not yet qualified for submission to the Government, the drafting agency shall respond to, and base itself on, these conclusions to finalize the draft legal document for re-appraisal. In case the verifying agency concludes that the draft legal document is not yet qualified for submission to the National Assembly Standing Committee or the National Assembly, it shall report thereon to the National Assembly Standing Committee for the latter to consider returning the dossier to the submitting agency for further revision and finalization.

6. Dossiers of draft legal documents submitted to consideration and passage according to fast-track procedures:

a/ For a draft law or resolution of the National Assembly; or a draft ordinance or  resolution of the National Assembly Standing Committee, the dossier must comprise an explanatory report on the draft document, the draft document, a report comparing the draft document with the current law(s) or resolution(s) of the National Assembly, draft ordinance(s) or resolution(s) of the National Assembly Standing Committee it will amend, supplement or replace; the appraisal report and the verification report;

b/ For a draft order or decision of the President, a draft resolution of the Judicial Council of the Supreme People’s Court, a draft circular of the Chief Justice of the Supreme People’s Court, a draft circular of the Procurator General of the Supreme People’s Procuracy, a draft circular of the State Auditor-General, or a draft joint circular, the dossier must comprise an explanatory report on the draft document, the draft document and other relevant documents (if any);

c/ For draft decrees and resolutions of the Government, draft decisions of the Prime Minister, draft circulars of ministers or heads of ministerial-level agencies, draft resolutions of People’s Councils or draft decisions of People’s Committees, the dossiers must comply with the Government’s regulations.

7. The order of consideration and passage is as follows:

a/ The National Assembly shall consider and pass draft laws and resolutions at the upcoming session according to the order prescribed in Article 40 of this Law;

b/ The National Assembly Standing Committee shall consider and pass draft ordinances or resolutions at the upcoming meeting according to the order prescribed in Article 42 of this Law;

c/ The President, the Prime Minister, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, and the State Auditor-General shall consider and sign to promulgate documents falling within his/her/their competence;

d/ The Government, the Judicial Council of the Supreme People’s Court, People’s Councils and People’s Committees shall consider and approve documents falling within its/their competence.

Article 52. Formulation and promulgation of legal documents in special cases

1. After obtaining the approval of competent Party agencies and in emergency cases as prescribed in the law on the state of emergency or upon the occurrence of incidents or catastrophes as prescribed in the law on civil defense, force majeure events, or urgent, important and necessary national issues, the National Assembly, the National Assembly Standing Committee, the President or the Government shall promulgate legal documents in special cases.

2. In case of occurrence of urgent, important and necessary national issues as prescribed in Clause 1 of this Article, the National Assembly Standing Committee, the President or the Government shall assign drafting agencies, appraising agencies, and verifying agencies to conduct the drafting, appraisal and verification, respectively.

3. In case of occurrence of emergency cases or incidents, catastrophes or force majeure events as prescribed in Clause 1 of this Article, the National Assembly Standing Committee, the President or the Government shall assign drafting agencies to coordinate with appraising agencies, verifying agencies and other related agencies and organizations to conduct the drafting and submit draft legal documents to the National Assembly, the National Assembly Standing Committee, the President or the Government for consideration and passage.

4. The dossier of a legal document specified in Clause 2 or 3 of this Article must comprise an explanatory report on the draft legal document, the draft legal document and other relevant documents (if any).

Chapter VI

EFFECT AND PRINCIPLES OF APPLICATION OF LEGAL DOCUMENTS

Article 53. Effective dates of legal documents

1. The effective date of the whole or part of a legal document shall be specified in such document, which, however, must not be sooner than 45 days from the date it is approved or signed for promulgation, for legal documents promulgated by central state agencies, or not be sooner than 10 days from the date it is approved or signed for promulgation, for legal documents promulgated by local administrations.

In case a legal document is formulated and promulgated according to the fast-track order and procedures or in a special case, it may take effect on the date it is approved or signed for promulgation; and shall be immediately published on the online Công báo, posted on the National Law Database and the portal of the promulgating agency, and covered in the mass media.

2. A detailing document must be promulgated to take effect at the same time with the document or contents it details.

Article 54. Spatial effect

1. Legal documents promulgated by competent state agencies or persons at the central level are effective nationwide, unless the scope of application is specified or otherwise provided by a treaty to which the Socialist Republic of Vietnam is a contracting party.

2. Legal documents promulgated by the People’s Council or People’s Committee of an administrative unit shall be effective within the administrative unit, and such must be stated in the documents. If there is any change in administrative boundaries, the spatial effect and subjects of application of legal documents shall be determined as follows:

a/ If an administrative unit is divided into multiple administrative units of the same level, legal documents promulgated by the People’s Council and People’s Committee of the divided administrative unit shall still apply to the new administrative units until otherwise decide the People’s Councils and People’s Committees of the new administrative units;

b/ If two or more administrative units are consolidated into a new administrative unit of the same level, the People’s Council and People’s Committee of the new administrative unit shall decide whether to apply legal documents of the People’s Councils and People’s Committees of the consolidated administrative units or to promulgate new legal documents;

c/ If part of the geographical area of an administrative unit is transferred to another administrative unit, legal documents of the People’s Council and People’s Committee of the expanded administrative unit shall be effective in the transferred geographical area.

Article 55. Retroactive effect of legal documents

1. Only in extremely necessary cases for ensuring common interests of the society and rights and interests of organizations and individuals as specified in laws or resolutions of the National Assembly, legal documents of central agencies and provincial-level People’s Councils or People’s Committees may have retroactive effect.

2. A legal document may not have retroactive effect in the following cases:

a/ It imposes a new legal liability upon an act which does not bear such legal liability when it is committed;

b/ It imposes a heavier legal liability.

3. Legal documents of district-level People’s Councils and district-level People’s Committees may not have retroactive effect.

Article 56. Suspension of effect of legal documents

1. The effect of a legal document shall be suspended in the following cases:

a/ The competent agency or person that has promulgated the legal document decides to partially or wholly suspend the effect of the legal document in order to promptly protect interests of the State, and lawful interests of organizations and individuals;

b/ In case the implementation of part or the whole of a legal document is suspended, its effect shall be suspended until the competent agency or person issues a handling decision.

2. The time of suspension of effect and resumption of effect of part or the whole of a legal document shall be clearly stated in a document of a competent state agency.

3. The document on suspension of the effect of a legal document must be posted on the online Công báo and the National Law Database, and covered in the mass media within 3 days after it is issued.

Article 57. Legal documents ceasing to be effective

1. A legal document shall partially or wholly cease to be effective in the following cases:

a/ The effective period specified in the legal document expires;

b/ The legal document is amended, supplemented or replaced by another legal document promulgated by the same state agency or person;

c/ The legal document is annulled under Clause 2, Article 8 of this Law.

2. When a legal document partially or wholly ceases to be effective because it is replaced or amended and supplemented by another document, its detailing or guiding document(s) may continue to be effective, provided it/they do(es) not contravene the replacing or amending and supplementing document, unless they are pronounced to partially or wholly cease to be effective. Pronouncing documents must be posted on the online  Công báo and the National Law Database.

Article 58. Application of legal documents

1. A legal document shall apply from its effective date.

2. Legal documents shall apply to the acts committed or events occurring at the time such documents are effective. If a legal document has provisions on retroactive effect, such provisions shall apply.

3. If different legal documents contain different provisions on the same issue, the one of higher legal effect shall prevail.

4. If different legal documents promulgated by the same agency contain different provisions on the same issue, the one that is promulgated later shall prevail.

5. The application of domestic legal documents must not obstruct the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party. In case a domestic legal document other than the Constitution and a treaty to which the Socialist Republic of Vietnam is a contracting party contain different provisions on the same issue, the treaty shall prevail.

6. The application of laws other than those specified in Clauses 1 thru 5 of this Article shall be specified by the National Assembly.

Chapter VII

ORGANIZATION OF IMPLEMENTATION OF LEGAL DOCUMENTS

Article 59. Contents of and responsibility for organization of the implementation of legal documents

1. Contents of organization of the implementation of legal documents:

a/ Promulgation of documents detailing and/or guiding the implementation of, and providing specific measures to implement, legal documents;

b/ Interpretation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee;

c/ Organization of public communication of and education about legal documents;

d/ Provision of guidance on the application of legal documents; receipt and settlement of proposals and recommendations on legal documents; organization of training and refresher courses, and provision of specialized and professional guidelines;

dd/ Supervision, inspection, review, consolidation and systematization of legal documents; codification of the system of legal norms.

2. The implementation of legal documents shall be organized in a fair, strict, consistent, prompt, effective and efficient manner.

3. Competent state agencies, organizations and persons shall, within the ambit of their functions, tasks and powers, take responsibility for:

a/ Organizing the implementation, monitoring, and carrying out preliminary and final review of the implementation of legal documents;

b/ Reporting or providing information on the organization and monitoring of the implementation of legal documents.

Article 60. Interpretation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee

1. The interpretation of the Constitution, laws, ordinances and resolutions must not change the contents of interpreted provisions and shall be carried out in the following cases:

a/ There are different understandings about provisions of legal documents;

b/ The application of legal documents remains inconsistent.

2. The interpretation of the Constitution, a law, an ordinance or a resolution shall be carried out in the following principles and criteria in a descending priority:

a/ Conforming with ordinary meanings of the terms used in the legal document;

b/ Being based on the process of formulating the contents related to the provisions to be interpreted;

c/ Conforming with guiding viewpoints, purposes and spirit of promulgation of the legal document;

d/ Ensuring the consistency of the legal system.

3. The National Assembly Standing Committee shall interpret the Constitution, laws, ordinances and resolutions at its own will or at the request of the President, the Ethnic Council, Committees of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Central Committee of the Vietnam Fatherland Front and its member organizations’ central bodies, and National Assembly deputies.

Article 61. Guidance on the application of legal documents

1. Guidance on the application of legal documents shall be provided for legal documents other than the Constitution, laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee.

Upon request of agencies, organizations or individuals, agencies or persons competent to promulgate legal documents shall consider and issue administrative documents to guide the application of the legal documents they have promulgated. In case of necessity, the Government or the Prime Minister may authorize ministers or heads of line ministerial-level agencies while People’s Councils may assign their Standing Bodies to issue administrative documents to guide the application of the legal documents they have promulgated.

2. Guidance on the application of legal documents shall be provided for the cases, and must adhere to the principles and criteria specified in Clauses 1 and 2, Article 60 of this Law, and must neither modify to-be-guided provisions nor provide new provisions. Documents guiding the application of legal documents must be posted on the portals of agencies promulgating guiding documents.

Article 62. Supervision of legal documents

The supervision of legal documents must comply with the law on oversight activities of the National Assembly and People’s Councils, and other relevant laws.

Article 63. Inspection and handling of legal documents

1. Competence and responsibility for inspection of legal documents:

a/ The National Assembly Standing Committee, the President, the Presidium of the Central Committee of the Vietnam Fatherland Front, the Judicial Council of the Supreme People’s Court, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, and the State Auditor-General shall themselves inspect the legal documents they have promulgated or jointly promulgated;

b/ The Government and the Prime Minister shall themselves inspect the legal documents they have promulgated or jointly promulgated; the Government shall inspect according to its competence legal documents of ministers, heads of ministerial-level agencies, and provincial-level local administrations and local administrations in special administrative-economic units.

c/ Ministers and heads of ministerial-level agencies shall themselves inspect the legal documents they have promulgated or jointly promulgated; inspect according to their competence legal documents promulgated by other ministers or heads of ministerial-level agencies and provincial-level administrations concerning matters related to the sectors and fields under their management;

d/ Local administrations at all levels shall themselves inspect legal documents they have promulgated; superior local administrations shall inspect according to their competence legal documents promulgated by their subordinate local administrations.

2. Bases for inspection of legal documents by promulgating agencies:

a/ Promulgated legal documents;

b/ Recommendations or reports of agencies, organizations and individuals on legal documents that show signs of contravention of law;

c/ Requests or directions of competent agencies or persons.

3. Bases for inspection of legal documents according to competence of inspecting  agencies;

a/ Plans on inspection of legal documents;

b/ Detection of documents that show signs of contravention of law and fall under the competence of inspecting agencies;

c/ The cases specified at Points b and c, Clause 2 of this Article.

4. Competent agencies or persons shall inspect documents that contain legal norms but are promulgated ultra vires or not according to the order and procedures or not in a form specified in this Law, and documents guiding the application of legal documents when there are the grounds specified at Points b and c, Clause 3 of this Article.

5. The handling of documents showing signs of contravention of law detected through inspection must comply with law.

Article 64. Review and systematization of legal documents

1. The National Assembly Standing Committee shall decide on overall review of the system of legal documents at the Government’s proposal.

2. Ministries and ministerial-level agencies shall review and systematize legal documents promulgated or jointly promulgated by ministries, heads of ministerial-level agencies; documents drafted by ministers or heads of ministerial-level agencies; and other legal documents of the National Assembly and the National Assembly Standing Committee that contain provisions regulating issues under the state management of ministries and ministerial-level agencies.

3. The Supreme People’s Court shall review and systematize legal documents promulgated or jointly promulgated by its Judicial Council and Chief Justice; legal documents drafted by the Supreme People’s Court; and other legal documents of the National Assembly and the National Assembly Standing Committee that contain provisions regulating issues falling within the ambit of tasks and powers of people’s courts.

4. The Supreme People’s Procuracy shall review and systematize legal documents promulgated or jointly promulgated by its Procurator General; legal documents drafted by the Supreme People’s Procuracy; and other legal documents of the National Assembly and the National Assembly Standing Committee that contain provisions regulating issues falling within the ambit of tasks and powers of people’s procuracies.

5. The State Audit Office of Vietnam shall review and systematize documents promulgated or jointly promulgated by the State Auditor-General; documents drafted by the State Audit Office of Vietnam; and other documents of the National Assembly and the National Assembly Standing Committee that contain provisions regulating issues falling within the ambit of tasks and powers of the State Audit Office of Vietnam.

6. The Ethnic Council, Committees and the Office of the National Assembly shall, within the ambit of their functions and tasks, review and systematize documents of the National Assembly and the National Assembly Standing Committee other than those specified in Clauses 2 thru 5 of this Article.

7. The Office of the President shall review and systematize documents of the President.

8. People’s Committees shall review and systematize documents promulgated by them or People’s Councils at the same level.

9. The review and systematization of documents of local administrations in special administrative-economic units must follow the Government’s guidance.

10. State agencies specified in Clauses 2 thru 8 of this Article shall decide to review documents by topic, sector or geographic area.

11. The handling of legal documents after review must comply with law.

Article 65. Consolidation of legal documents and codification of the system of legal norms

1. Amending and supplementing legal documents shall be consolidated with amended and supplemented ones.

2. State agencies shall codify the system of legal norms in effective legal documents, except the Constitution, in order to create a Legal Code.

3. The consolidation of legal documents and codification of the system of legal norms must comply with resolutions of the National Assembly Standing Committee.

Article 66. National Law Database and application of digital technology and digital transformation

1. The National Law Database shall be used to post the full texts of legal documents specified in Article 4 of this Law, and other documents as specified by the Government; support the exploitation of data in service of lawmaking and law enforcement.

2. Digital technology and digital transformation shall be applied in processes of formulation, promulgation and implementation of legal documents.

The National Assembly Standing Committee and the Government shall specify the application of digital technology and digital transformation in the formulation, promulgation and implementation of legal documents falling under their competence.

Chapter VIII

RESPONSIBILITIES AND RESOURCES FOR FORMULATION, PROMULGATION AND IMPLEMENTATION OF LEGAL DOCUMENTS

Article 67. Responsibility for consulting competent Party agencies

Agencies, organizations and individuals competent in the lawmaking work shall report to and consult competent agencies in accordance with the Party’s regulations.

Article 68. Responsibilities of competent agencies, organizations and persons in formulation, promulgation and implementation of legal documents

1. The National Assembly Standing Committee shall specify the provision of support for National Assembly deputies in the formulation and promulgation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee that are submitted by such deputies.

2. Policy proposal-formulating agencies, drafting agencies, appraising agencies, verifying agencies, and consulted agencies may hire experts, make surveys and field researches, organize workshops and seminars, and carry out policy impact assessments in order to support and improve the quality of policy formulation, consultation, drafting, appraisal and verification.

3. Agencies, organizations and persons competent to submit draft legal documents shall take responsibility for the submission progress and quality of the drafts.

4. Policy proposal-formulating agencies and drafting agencies shall take responsibility before submitting agencies or agencies or persons competent to promulgate the legal documents for the progress of making and quality of the policy proposals or drafting the legal documents; and conduct policy communication and public communication about draft legal documents; the giving of responses to contributed opinions, opinions received through policy consultation and social criticism, and appraisal and verification opinions.

5. Agencies, organizations and persons that are requested to particulate in policy consultation or give opinions on policies or draft legal documents shall take responsibility for the contents of their consultation; and give opinions within the time limit therefor.

6. Appraising agencies and verifying agencies shall take responsibility before agencies and persons competent to promulgate legal documents for results of the appraisal or verification of draft legal documents.

7. Agencies and persons competent to promulgate legal documents shall take responsibility for the quality of such documents.

8. Agencies and persons competent to promulgate detailing documents shall take responsibility for the progress and quality of such detailing documents.

9. Agencies and persons competent to promulgate legal documents shall take responsibility for the promulgation of legal documents that show signs of contravention of law.

10. Heads of agencies and organizations shall:

a/ Direct and organize the implementation of regulations of the Party and laws of the State in the formulation, promulgation and implementation of legal documents;

b/ Take responsibility for any delays or contraventions of law in the submission or promulgation of legal documents according to their competence, or for acts of corruption, negative practices, vested interests or parochial interests arising in the lawmaking process involving individuals whom they directly manage or to whom they assign tasks;

c/ Bear joint responsibility, in case they have assigned their deputies to take charge of lawmaking;

d/ Take responsibility for results of the formulation and promulgation of legal documents by agencies or organizations under their leadership, which shall serve as a basis for performance evaluation, commendation, and decision on appointment or reappointment.

11. Agencies and organizations and their heads and civil servants who let violations, corruption, negative practices, vested interests or parochial interests occur in the lawmaking work in agencies, organizations or fields under their direct management shall, depending on the nature and severity of violations, be subject to responsibility-handling measures or considered for responsibility exclusion, exemption or mitigation in accordance with the Party’s regulations and laws.

12. In addition to the responsibilities specified in Clauses 3 thru 11 of this Article, agencies and organizations and their heads and civil servants shall also take responsibility for the lawmaking work in accordance with other relevant regulations.

Article 69. Human resources for lawmaking work

1. The State shall adopt special mechanisms and policies to attract and offer preferential treatment to cadres, civil servants and high-quality human resources in lawmaking work.

2. The State shall ensure funds for training, further training, and capacity building for those engaged in lawmaking and law enforcement activities; and for hiring consultants and experts to conduct policy study and impact assessment.

Article 70. Physical facilities and funds for the formulation, promulgation and implementation of legal documents

1. The State shall ensure and prioritize the allocation of resources for investment in physical facilities, modernization of technical infrastructure and working equipment, application of digital technology, digital transformation and artificial intelligence to serve policy study and the formulation and promulgation of legal documents.

2. The State shall adopt special mechanisms for allocation, management and use of funds for the formulation and promulgation of legal documents, with the gradual application of a centralized and professional drafting process that fully, promptly and effectively meets requirements of the formulation and promulgation of legal documents.

3. Funds for the formulation and promulgation of legal documents must comply with a particular mechanism provided by the National Assembly.

4. Competent agencies, organizations and persons shall ensure physical facilities and allocate funds for organizing and monitoring the implementation of legal documents.

5. In addition to state budget funds, competent agencies, organizations and persons engaged in the formulation, promulgation and implementation of legal documents may use other lawful funds specified by law.

6. Agencies, organizations and individuals are encouraged to provide support in physical facilities and funds to state agencies for carrying out the formulation, promulgation and implementation of legal documents.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 71. Effect

1. This Law takes effect on April 1, 2025, except the case specified in Clause 2 of this Article.

2. The adjustment to the 2025 Law- and Ordinance-Making Program must comply with this Law from the date this Law is passed.

3. Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14, ceases to be effective on the effective date of this Law, except the cases specified in Clause 4 of this Law; and Point a, Clause 1, and Clause 2, Article 72 of this Law.

4. Clause 1, Article 46 of Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14, ceases to be effective on the effective date of this Law.

5. The Government shall detail Article 7 of Article 31; Clause 1 of Article 32; Article 34; Clause 1 of Article 36; Clause 3 of Article 59; Articles 63, 64 and 69, and Clauses 4 and 5 of Article 70, and guide the implementation, of this Law.

Article 72. Transitional provisions

1. The implementation of the 2025 Law- and Ordinance-Making Program is as follows:

a/ The drafting, submission and consideration of, giving of opinions on, and passage of, draft laws and resolutions that have been included in the 2025 Law- and Ordinance-Making Program before the effective date of this Law, must comply with Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14;

b/ The drafting and promulgation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee that are included in the 2025 Law- and Ordinance-Making Program (the 2025 Legislative Program) since the effective date of this Law must comply with this Law.

2. Draft legal documents other than laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee that are appraised or submitted to competent agencies before the effective date of this Law may continue to comply with the order and procedures specified in Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14.

3. Decisions of the State Auditor-General that are promulgated before the effective date of this Law remain effective until they are annulled or replaced by other legal documents or replaced by documents of competent agencies or persons.

Resolutions of commune-level People’s Councils and decisions of commune-level People’s Committees that are promulgated before the effective date of this Law remain effective until they are annulled or replaced by documents of competent agencies or persons.

This Law was passed on February 19, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th extraordinary session.-

Chairman of the National Assembly
TRAN THANH MAN