Law on promulgation of legal documents 2008, No. 17/2008/QH12

THE STATE PRESIDENT

ORDER No. 12/2008/L-CTN OF JUNE 12, 2008, ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law on Promulgation of Legal Documents,

which was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

LAW ON PROMULGATION OF LEGAL DOCUMENTS

(No. 17/2008/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;  

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

Chapter I

GENERAL PROVISIONS

Article 1.- Legal documents

1. Legal document is a document promulgated by a competent state agency on its own or in coordination with another according to the competence, form, procedures and order provided in this Law or the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees, which contains general rules of conduct which are compulsory to all and the implementation of which is guaranteed by the State in order to regulate social relations.

2. A document promulgated by a competent state agency on its own or in coordination with another at variance with the competence, form, order and procedures provided in this Law or the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees is not a legal document.

Article 2.- The system of legal documents

1. The Constitution, laws and resolutions of the National Assembly.

2. Ordinances and resolutions of the Standing Committee of the National Assembly.

3. Orders and decisions of the State President.

4. Decrees of the Government.

5. Decisions of the Prime Minister.

6. Resolutions of the Judges’ Council of the Supreme People’s Court; circulars of the President of the Supreme People’s Court.

7. Circulars of the Director of the Supreme People’s Procuracy.

8. Circulars of ministers and heads of ministerial-level agencies;

9. Decisions of the State Auditor General.

10. Joint resolutions of the Standing Committee of the National Assembly or the Government and a central agency of a socio-political organization.

11. Joint circulars of the President of the Supreme People’s Court and the Director of the Supreme People’s Procuracy; of a minister or the head of a ministerial-level agency and the President of the Supreme People’s Court or the Director of the Supreme People’s Procuracy; and of ministers and heads of ministerial-level agencies.

12. Legal documents of People’s Councils and People’s Committees.

Article 2.- Principles for elaboration and promulgation of legal documents

1. Ensuring constitutionality, legality and consistency of legal documents in the legal system;

2. Complying with the competence, form, order and procedures for elaborating and promulgating legal documents.

3. Ensuring publicity in the process of elaborating and promulgating legal documents, except for legal documents containing state secrets; guaranteeing transparency in the provisions of legal documents.

4. Ensuring the enforceability of legal documents.

5. Not obstructing the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4.- Contribution of opinions to elaborate legal documents

1. Vietnam Fatherland Front and its member organizations, other organizations, state agencies, People’s Armed Forces units and individuals have a right to give opinions on draft legal documents.

2. In the course of elaborating a legal document, the drafting agency or organization and concerned agencies and organizations shall create conditions for agencies, organizations, units and individuals to give opinions on the draft document; and organize the collection of opinions of those that will be directly affected by the document.

3. Opinions on a draft legal document must be studied and accepted for revising the draft document.

Article 5.- Language and techniques used in legal documents

1. The language used in legal documents is Vietnamese.

The language used in legal documents must be accurate, comprehensible to the public, the expression must be plain and easy to understand.

2. A legal document must provide directly for the subject matter to be regulated and must neither make unspecific provisions nor provisions on issues already stipulated in other legal documents.

3. A legal document with a wide scope of regulation may, depending on its content, be structured in parts, chapters, sections, articles, clauses and points; a legal document with a narrow scope of regulation may be structured in articles, clauses and points. Every part, chapter, section and article in a legal document must have a title. A legal document must not contain a separate chapter on inspection, complaint, denunciation, and commendation, handling of violations unless new contents are provided for.

Article 6.- Translation of legal documents into ethnic minority and foreign languages

1. Legal documents may be translated into ethnic minority and foreign languages.

2. The translation of legal documents into ethnic minority and foreign languages shall be stipulated by the Government.

Article 7.- Number and code of legal documents

1. The number and code of a legal document must indicate the serial number, year of promulgation, type of document and promulgating agency of the document.

2. A legal document must be numbered according to the type of document and year of promulgation. Laws, ordinances and resolutions of the National Assembly and its Standing Committee shall be numbered according to the type of document and term of the National Assembly.

3. The number and code of a legal document are arranged as follows:

a/ The number and code of a law or resolution of the National Assembly are arranged in the following order: type of document: serial number of document/year of promulgation/initialed name of promulgating agency and number of the term of National Assembly”;

b/ The number and code of an ordinance or a resolution of the National Assembly Standing Committee are arranged in the following order: type of document: serial number of document/year of promulgation/initialed name of promulgating agency and number of the term of National Assembly”;

c/ The number and code of a legal document other than those prescribed at Points a and b of this Clause are arranged in the following order: type of document: serial number of document/year of promulgation/initialed name of type of document-initialed name of promulgating agency.”

Article 8.- Detailing documents

1. A legal document must contain specific provisions so that it can be implemented as soon as it takes effect; if a legal document contains an article or a clause concerning a technical process or specification or matter which is not highly stable, right in the article or clause, a competent state agency can be designated to detail the article or clause. An agency that is designated to promulgate a detailing document may not further authorize this task to another.

2. A detailing document must contain specific provisions without repeating the provisions of the detailed one and be promulgated and take effect at the same time with the detailed document, article, clause or point.

3. If an agency is designated to detail many contents of a legal document, it shall promulgate a single detailing document, unless it is necessary to detail these contents in different documents.

If an agency is designated to detail many contents in different legal document, it may promulgate a single document to detail these contents.

Article 9.- Amendment, supplementation, replacement, abolition, annulment or termination of implementation of legal documents.

1. A legal document may be amended, supplemented, replaced, abolished or annulled only by another legal document of the state agency which has issued that document, or be terminated from implementation, abolished or annulled by a document of a competent state agency.

A legal document that amends, supplements, abolishes, annuls or terminates the implementation of another must clearly state the titles of the document, articles, clauses and points which are amended, supplemented, replaced, abolished, annulled, or terminated from implementation.

2. When promulgating a legal document, the promulgating agency shall amend, supplement, abolish or annul right in the new legal document legal document(s) and articles, clauses or points of legal document(s) which it has promulgated against the provisions of the new document. In case it cannot make amendment and supplementation immediately, it shall clearly list in the new document legal documents and articles, clauses and points of legal documents which it has promulgated against the new legal document and shall make amendment and supplementation before the new legal document takes effect.

3. A legal document may be promulgated to concurrently amend, supplement, replace, abolish or annul contents of many legal documents promulgated by the same agency.

Article 10.- Sending and preservation of legal documents, dossiers of draft legal documents

1. Legal documents must be sent to competent state agencies for supervision and examination.

2. Dossiers of draft documents and originals of legal documents must be preserved in accordance with the legislation on archives.

Chapter II

CONTENTS OF LEGAL DOCUMENTS

Article 11.- Constitution, laws and resolutions of the National Assembly

1. The National Assembly makes and amends the Constitution.

The drafting, passage and promulgation of the Constitution, the revision of the Constitution, and the procedures and order of interpretation of the Constitution shall be prescribed by the National Assembly.

1. Laws of the National Assembly provide for fundamental matters in economic, social, defense, security, financial, monetary, budgetary, taxation, ethnic, religious, cultural, education, healthcare, scientific, technological, environmental  and external relations domains, the organization and operation of the state apparatus, regimes of civil duties, cadres and public employees, and rights and obligations of citizens.

2. Resolutions are promulgated by the National Assembly to decide on socio-economic development tasks; state budget estimates and allocation of the central budget; adjust the state budget; approve statements of state budget finalization; prescribe the working regimes of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Minorities Council, the Committees of the National Assembly, and National Assembly deputies’ delegations and National Assembly deputies; ratify treaties and decide on other issues under the jurisdiction of the National Assembly.

Article 12.- Ordinances and resolutions of the Standing Committee of the National Assembly

1. Ordinances of the Standing Committee of National Assembly provide for matters assigned by the National Assembly, which shall, after being implemented for a certain period, be submitted to the National Assembly for consideration and decision to pass into laws.

2. Resolutions are promulgated by the Standing Committee of the National Assembly to interpret the Constitution, laws and ordinances; to guide the operation of People’s Councils; to declare the state of war, national or local mobilization; to declare a state of emergency on a national or local scale and decide on other issues under the jurisdiction of the Standing Committee of the National Assembly.

Article 13.- Orders and decisions of the State President

Orders and decisions are promulgated by the State President to discharge the tasks and powers of the State President prescribed by the Constitution, laws and resolutions of the National Assembly, and ordinances and resolutions of the Standing Committee of the National Assembly.

Article 14.- Decrees of the Government

Decrees are promulgated by the Government to provide for the following:

1. Detailing the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; and orders and decisions of the State President;

2. Stipulating specific measures to implement policies on the economy, society, defense, security, finance, money, budget, taxation, ethnicities, religions, culture, education, healthcare, science, technology, environment, external relations, regimes of civil duties, cadres and public employees, rights and obligations of citizens, and other issues falling under the Government’s management and execution competence.

3. Defining tasks, powers and organizational apparatuses of ministries, ministerial-level agencies, government-attached agencies and other agencies under the competence of the Government;

4. Stipulating necessary issues which, however, have not yet gathered enough conditions for elaborating a law or an ordinance in order to meet the requirements of state management and social and economic management. The promulgation of these decrees is subject to approval of the Standing Committee of the National Assembly.

Article 15.- Decisions of the Prime Minister

Decisions are promulgated by the Prime Minister to prescribe the following:

1. Measures to direct and run the operation of the Government and the state administrative system from the central to grassroots level; to stipulate the regime on working with cabinet members, presidents of People’s Committees of provinces and centrally run cities, and other issues under the competence of the Prime Minister.

2. Measures to direct and coordinate activities of cabinet members; and supervise activities of ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in the implementation of the State’s policies and laws.

Article 16.- Circulars of ministers and heads of ministerial-level agencies

Circulars are promulgated by ministers and heads of ministerial-level agencies to prescribe the following:

1. Detailing the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government, and decisions of the Prime Minister;

2. Setting technical processes and regulations and economic-technical norms for branches and fields under their charge;

3. Stipulating measures to discharge the function of managing branches and fields under their charge and other issues assigned by the Government.

Article 17.- Resolutions of the Judges’ Council of the Supreme People’s Court

Resolutions are promulgated by the Judges’ Council of the Supreme People’s Court to guide courts in the unified application of laws.

Article 18.- Circulars of the President of the Supreme People’s Court and the Director of the Supreme People’s Procuracy

1. Circulars are promulgated by the President of the Supreme People’s Court to perform the management of the organization of local People’s Courts and military courts; and provide for other issues under the competence of the President of the Supreme People’s Court.

2. Circulars are promulgated by the Director of the Supreme People’s Procuracy to specify measures to secure the discharge of tasks and powers of local People’s Procuracies and military procuracies; and stipulate other issues under the competence of the Supreme People’s Procuracy.

Article 19.- Decisions of the State Auditor General

Decisions are promulgated by the State Auditor General to stipulate and guide state audit standards; and specify the process of audit and dossiers of audit.

Article 20.- Joint legal documents

1. Joint resolutions are promulgated by the Standing Committee of the National Assembly or the Government and the central agency of a socio-political organization to guide the implementation of issues when it is prescribed by law that such socio-political organization shall participate in the state management of these issues.

2. Joint circulars are promulgated by the President of the Supreme People’s Court and the Director of the Supreme People’s Procuracy; by a minister or the head of a ministerial-level agency and the President of the Supreme People’s Court or the Director of the Supreme People’s Procuracy to guide the unified application of laws in legal proceedings and other issues related to the tasks and powers of these bodies.

3. Joint circulars are promulgated by ministers and heads of ministerial-level agencies to guide the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government and decisions of the Prime Minister related to the functions, tasks and powers of those ministries and agencies.

Article 21.- Legal documents of People’s Councils and People’s Committees

Legal documents of People’s Councils and People’s Committees are promulgated according to the contents, competence, forms, order and procedures prescribed in the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees.

Chapter III

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

Section 1. FORMULATION OF LAW- AND ORDINANCE-MAKING PROGRAMS

Article 22.- Law- and ordinance-making programs

1. A law- and ordinance-making program shall be worked out on the basis of the Party’s lines and policies, the strategy on socio-economic development, defense, security and the state management requirements in each period while ensuring citizens’ rights and obligations.

2. Law- and ordinance-making programs include law- and ordinance-making programs for each National Assembly term and annual law- and ordinance-making programs.

3. The National Assembly shall decide on a law- and ordinance-making program for its whole term at its second session; and decide on a law- and ordinance-making program for a year at the first session in the year preceding that year.

Article 23.- Motions and recommendations on laws and ordinances

1. Agencies, organizations or National Assembly deputies having a right to submit draft laws under  Article 87 of the Constitution shall send motions to elaborate laws or ordinances, and National Assembly deputies shall send recommendations on laws or ordinances, to the Standing Committee of the National Assembly.

A motion to elaborate a law or an ordinance must clearly state the necessity to promulgate the document, its subjects and scope of regulation, fundamental viewpoints and policies and principal contents of the document; projected resources and conditions to ensure the drafting of the document; a report preliminarily assessing impacts of the document; and the proposed time for consideration and passage by the National Assembly or its Standing Committee.

A recommendation on a law or an ordinance must clearly state the necessity to promulgate the document, and its subjects and scope of regulation.

2. The Government shall work out proposals on tentative law- and ordinance-making programs regarding issues within the scope of its functions, tasks and powers, submit them to the Standing Committee of the National Assembly, and give opinions on law- and ordinance-making motions of other agencies and organizations and National Assembly deputies and National Assembly deputies’ recommendations on  laws and ordinances.

The Ministry of Justice shall assist the Government in making proposals on law- and ordinance-making programs on the basis of proposals of ministries, ministerial-level agencies and government-attached agencies.

3. The Government shall consider and discuss a proposal on a law- and ordinance-making program in the following order:

a/ A representative of the Ministry of Justice presents the draft proposal on a law- and ordinance-making program;

b/ Representatives of agencies and organizations invited to attend the meeting give opinions;

c/ The Government discuss;

d/ The Government vote to adopt the proposal on the law- and ordinance-making program.

Article 24.- Deadlines for sending motions and recommendations on laws and ordinances

1. Not later than March 1 of a year, motions and recommendations on laws and ordinances shall be sent to the Standing Committee of the National Assembly for making a tentative law- and ordinance-making program for the following year, which shall also be sent to the Law Committee for verification.

Not later than August 1 of the first year of a National Assembly term, motions and recommendations on laws and ordinances shall be sent to the Standing Committee of the National Assembly for making a tentative law- and ordinance-making program for the whole term of the National Assembly, which shall also be sent to the Law Committee for verification.

2. Before sending motions and recommendations on laws and ordinances to the Standing Committee of the National Assembly, agencies, organizations and National Assembly deputies shall send their motions and recommendations to the Government for opinion.

Article 25.- Verification of motions and recommendations on laws and ordinances

1. The Law Committee shall gather and assume the prime responsibility for verifying motions of agencies, organizations and National Assembly deputies on the elaboration of laws and ordinances, and recommendations of National Assembly deputies on laws and ordinances.

Verification must focus on the necessity of promulgation of a document, its scope and subjects of regulation, fundamental policies of the document, its consistency and enforceability, and the level of priority and conditions to ensure the elaboration and implementation of the document.

2. The Ethnic Minorities Council and Committees of the National Assembly shall coordinate with the Law Committee in verifying motions and recommendations on laws and ordinances and give opinions on the necessity and priority level of promulgation of documents in the domains under their respective charge.

Article 26.- Formulation of tentative law- and ordinance-making programs

1. The Standing Committee of the National Assembly shall consider motions or recommendations on laws and ordinances in the following order:

a/ A representative of the Government presents a submission report on the proposal on a law- and ordinance-making program.

Representatives of other agencies, organizations and National Assembly deputies give opinions on their respective motions and recommendations on laws and ordinances;

b/ A representative of the Law Committee presents the verification report;

c/ Participants in the meeting give opinions;

d/ The Standing Committee of the National Assembly discuss;

e/ The representative of the Government and representatives of other agencies, organizations and National Assembly deputies that have motions and recommendations on laws and ordinances make additional presentations on issues raised in the meeting;

e/ The chairperson of the meeting makes concluding remarks.

2. On the basis of agencies’, organizations’ and National Assembly deputies’ motions and recommendations on laws and ordinances and verification opinions of the Law Committee, the Standing Committee of the National Assembly shall formulate a tentative law- and ordinance-making program and submit it to the National Assembly for consideration and decision.

A dossier of a tentative law- and ordinance-making program comprises a submission report and a draft resolution of the National Assembly on the law- and ordinance-making program. Tentative law- and ordinance-making program shall be published on the website of the National Assembly.

3. The Law Committee shall assume the prime responsibility for, and coordinate with concerned agencies in, assisting the Standing Committee of the National Assembly in formulating tentative law- and ordinance-making programs.

Article 27.- Order of considering and adopting tentative law- and ordinance-making programs

1. The National Assembly shall consider and adopt a tentative law- and ordinance-making program in the following order:

a/ A representative of the Standing Committee of the National Assembly presents a submission report on the tentative law- and ordinance-making program;

b/ The National Assembly discusses at a plenary session on the tentative program law- and ordinance-making program. Before being discussed at a plenary session, the tentative program may be discussed in National Assembly deputies’ groups.

c/ After the National Assembly discuss and give opinions on the tentative program, the Standing Committee of the National Assembly directs the Law Committee, the Ministry of Justice and concerned agencies and organizations to study and accept these opinions and revise the draft resolution of the National Assembly on the law- and ordinance-making program and makes a report explaining the acceptance of opinions and the revision of the draft resolution.

d/ The Standing Committee of the National Assembly reports to the National Assembly on the acceptance of opinions and revision of the National Assembly’s draft resolution on the law- and ordinance-making program.

e/ The National Assembly vote to adopt the National Assembly’s resolution on the law- and ordinance-making program.

2. A resolution on a law- and ordinance-making program must clearly state the names of draft laws and ordinances. For a resolution on an annual law- and ordinance-making program, it must also state the expected time for submission of each draft law or ordinance to the National Assembly or its Standing Committee for consideration and passage.

Article 28.- Deployment of the implementation of law- and ordinance-making programs

1. The Standing Committee of the National Assembly shall direct and deploy the implementation of a law- and ordinance-making program through the following activities:

a/ Designating agencies, organizations and National Assembly deputies to submit draft laws, ordinances or resolution; agencies presiding over and agencies participating in the verification of draft laws, ordinances and resolutions.

If the Standing Committee of the National Assembly submits a draft law or resolution of the National Assembly, the National Assembly may decide to designate an agency or set up a provisional committee to verify such draft law or resolution.

If the Ethnic Minorities Council or a Committee of the National Assembly submits a draft law, ordinance or resolution, the Standing Committee of the National Assembly shall decide on a verifying agency;

b/ Setting up drafting committees for draft laws, ordinances and resolutions under Clause 1, Article 30 of this Law;

c/ Deciding on schedules for elaborating draft laws, ordinances and resolutions and specific measures for guaranteeing the implementation of the law- and ordinance-making program.

2. The Law Committee shall assist the Standing Committee of the National Assembly in deploying the implementation of law- and ordinance-making programs.

3. The Ministry of Justice shall nominate agencies to draft and agencies to collaborate in drafting laws, ordinances and resolutions to the Government for decision, and assist the Government in urging the drafting of laws, ordinances and resolutions submitted by the Government.

Article 29.- Adjustment of law- and ordinance-making programs

When necessary, the Standing Committee of the National Assembly shall decide to adjust a law- and ordinance-making program and report it to the National Assembly at the nearest session.

The adjustment of a law- and ordinance-making program shall be effected under Articles 23, 24 and 25 of this Law.

Section 2. DRAFTING OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY AND ORDINANCES AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 30.- Setting up of drafting committees and designation of drafting agencies

1. The Standing Committee of the National Assembly shall set up drafting committees and designate drafting agencies in the following cases:

a/ Draft laws, ordinances or resolutions related to many branches and domains;

b/ Draft laws or resolutions of the National Assembly submitted by the Standing Committee of the National Assembly;

c/ Draft laws, ordinances or resolutions submitted by National Assembly deputies. The composition of a drafting committee shall be decided by the Standing Committee of the National Assembly at the proposal of National Assembly deputies.

2. For a draft law, ordinance or resolution submitted by the Government, the Government shall designate a ministry or ministerial-level agency to take charge of the drafting, which shall set up a drafting committee.

3. For a draft law, ordinance or resolution submitted by another agency or organization, such agency or organization shall set up a drafting committee and take charge of the drafting.

Article 31.- Composition of a drafting committee

1. A drafting committee shall be composed of the head of the drafting agency or organization as its head and representatives of leaderships of the drafting agency or organization, concerned agencies and organizations, specialists and scientists as its members. A drafting committee for a draft law, ordinance or resolution submitted by the Government also has representatives of the leadership of the Ministry of Justice and the Government Office as its members. A drafting committee must have at least nine members.

2. Members of a drafting committee must be experts in specialist issues related to the draft and be able to participate in all activities of the drafting committee.

Article 32.- Tasks of a drafting committee and its head

1. A drafting committee shall organize the drafting of a law, ordinance or resolution and take responsibility for its quality and progress to the drafting agency or organization.

2. A drafting committee has the following tasks:

a/ Considering and approving the outline of the draft law, ordinance or resolution;

b/ Discussing basic policies and issues to be covered by the draft;

c/ Discussing the draft document, the submission report and the statement of detailed explanations on the draft; contents of explanation and acceptance of opinions of agencies, organizations and individuals;

d/ Ensuring that the provisions of the draft document comply with the Party’s policies and line, assuring the draft document’s constitutionality, legality and consistency with the legal system; and guaranteeing its enforceability.

3. The head of the drafting committee has the following tasks:

a/ Setting up an editing group to assist the drafting committee and directing the editing group to outline, write and revise the draft documents;

b/ Organizing meetings and other activities of the drafting committee.

Article 33.- Tasks of drafting agencies and organizations

1. To review the implementation of laws and evaluate existing legal documents related to the draft law, ordinance or resolution; to survey and evaluate the actual situation of social relations related to the principal contents of the draft document. When necessary, to request concerned agencies and organizations to review and evaluate the implementation of legal documents in the domains under their charge which are related to the draft.

2. To conduct an assessment and formulate a report on assessment of impacts of the draft document. An impact assessment report must clearly state issues to be solved and solutions to each issue; costs and benefits of each solution, and a comparison of the costs and benefits of these solutions.

3. To organize study of information, materials and treaties to which the Socialist Republic of Vietnam is a contracting party which are related to the draft document. When necessary, to request concerned agencies, organizations and individuals to supply materials and information concerning the draft.

4. To collect opinions of concerned agencies and organizations on the draft; synthesize, study and accept these opinions.

5. To study and accept evaluation opinions or opinions contributed by the Government on the draft which is not submitted by the Government.

6. To prepare a draft, a submission report and a statement of detailed explanations on the draft; a report on explanation and acceptance of opinions of agencies, organizations and individuals; a report on assessment of impacts of the draft and publish these documents on the website of the Government or the drafting agency or organization.

7. To prepare basic contents of the draft document submitted by the Government and its issues on which opinions remain divergent and report them to the Government for consideration and decision.

8. To propose the designation of agencies to draft documents detailing articles, clauses and points of the draft.

9. To ensure conditions for the operation of the drafting committee and editing group.

For a draft document submitted by a National Assembly, the National Assembly Office shall ensure conditions for the operation of the drafting committee and editing group.

Article 34.- Tasks of agencies, organizations and National Assembly deputies submitting draft laws, ordinances or resolutions

1. An agency, organization or National Assembly deputy submitting a draft law, ordinance or resolution has the following tasks:

a/ To direct the drafting committee in the drafting process; to direct the drafting agency, for draft documents submitted by the Standing Committee of the National Assembly or the Government;

b/ To consider and decide on the submission of draft laws or resolutions to the National Assembly, and the submission of draft ordinances or resolutions to the National Assembly Standing Committee. In case a draft law, ordinance or resolution cannot be submitted according to the schedule prescribed in the law- and ordinance-making program, to promptly report such and the reason to the National Assembly Standing Committee for consideration and decision.

2. For a draft document that is not submitted by the Government, at least forty days before the opening of a session of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy that submits the draft document shall send its dossier to the Government for opinion.

3. The dossier of a draft document sent to the Government for opinion comprises:

a/ A submission report on the draft;

b/ The draft;

c/ A statement of detailed explanations on the draft document and a report on assessment of impacts of the draft document;

d/ A report reviewing law enforcement and assessing the actual situation of social relations related to the principal contents of the draft;

e/ Other documents (if any).

Article 35.- Collection of opinions on draft laws, ordinances and resolutions

1. In the course of drafting a law, ordinance or resolution, the drafting agency or organization shall collect opinions of concerned agencies, organizations and those to be directly impacted by the document; determine issues which are put up for opinions and relevant to each group from which opinions are sought and indicate specific addresses for receiving opinions; and publish the full text of the draft on the website of the Government or the drafting agency or organization for at least sixty days for agencies, organizations and individuals to contribute opinions.

2. Opinions may be collected in the form of direct consultation, sending of draft papers for comment, holding of seminars and through websites of the Government, drafting agencies and organizations or the mass media.

3. Concerned agencies and organizations shall give written opinions on draft documents, with the Ministry of Finance giving opinions on financial sources, the Ministry of Home Affairs on human resources, the Ministry of Natural Resources and Environment on environmental impacts and the Ministry of Foreign Affairs on compatibility with treaties to which the Socialist Republic of Vietnam is a contracting party.

4. Drafting agencies and organizations shall synthesize, study and accept contributed opinions.

Article 36.- Evaluation of draft laws, ordinances and resolutions

1. The Ministry of Justice shall evaluate draft laws, ordinances and resolutions before they are submitted to the Government.

For a draft document with complicated contents related to many branches and domains for which the Ministry of Justice is the drafting agency, the Minister of Justice shall set up an evaluation board composed of representatives of concerned agencies, specialists and scientists.

2. A dossier submitted for evaluation comprises:

a/ A submission report to the Government on the draft document;

b/ The draft;

c/ A statement of detailed explanations on the draft document and a report on assessment of impacts of the draft document;

d/ A report reviewing law enforcement and assessing the actual situation of social relations related to the principal contents of the draft;

e/ A statement summarizing opinions of agencies, organizations and individuals on the content of the draft document; copies of written opinions of ministries and ministerial-level agencies; and a report on explanation and acceptance of opinions on the draft document;

f/ Other documents (if any).

3. Evaluating agencies shall focus their evaluation on the following issues:

a/ The necessity to promulgate the document, subjects and scope of regulation of the draft document;

b/ The conformity of the contents of the draft document with the Party’s line and policy;

c/ The constitutionality and legality of the draft document and its consistency with the legal system and compatibility with relevant treaties to which the Socialist Republic of Vietnam is a contracting member;

d/ The enforceability of the draft document, including the relevance of the provisions of the draft document to actual requirements and the development level of society, and conditions for its enforcement;

e/ Language and drafting techniques.

In case of necessity, the evaluating agency may request the drafting agency to report on issues related to the contents of the draft document.

4. Evaluation reports must be sent to drafting agencies within twenty days after receipt of complete dossiers for evaluation.

5. Drafting agencies shall study and accept evaluation opinions for revising and finalizing draft laws, ordinances or resolutions for submission to the Government.

Article 37.- Dossiers of draft laws, ordinances or resolutions submitted to the Government

1. A submission report to the Government on the draft document.

2. The draft;

3. A statement of detailed explanations on the draft document and a report on assessment of impacts of the draft document;

4. The evaluation report, a report on explanation and acceptance of evaluation opinions, and a report summarizing opinions contributed by agencies, organizations and individuals on the draft document.

5. A report reviewing law enforcement and assessing the actual situation of social relations related to the principal contents of the draft document;

6. Other documents (if any).

Article 38.- Revision and finalization of draft laws, ordinances and resolutions before submission to the Government

If ministries and ministerial-level agencies still hold divergent opinions on major issues in the contents of a draft law, ordinance or resolution, the Minister-Director of the Government Office shall convene a meeting of representatives of the leadership of the drafting agency, the Ministry of Justice and concerned ministries and ministerial-level agencies to iron out these issues before submission to the Government for consideration and decision. On the basis of opinions made at this meeting, the drafting agency shall coordinate with concerned agencies in further revising and finalizing the draft for submission to the Government.

Article 39.- The Government’s discussion, consideration and decision on the submission of draft laws, ordinances and resolutions

1. The Government shall collectively consider and discuss and vote by majority to decide on the submission of a draft law, ordinance or resolution.

2. The Government Office shall prepare basic contents of the draft document and issues on which opinions remain divergent and report them to the Government for discussion.

3. Depending on the nature and content of a draft document, the Government may consider and discuss it at one or more than one government meeting in the following order:

a/ A representative of the drafting agency makes a presentation on the draft document;

b/ A representative of the Government Office presents issues in the draft on which opinions remain divergent;

c/ Representatives of agencies and organizations attending the meeting present their opinions;

d/ The Government discuss;

e/ The Government vote on the submission of the draft document.

4. If the Government do not yet adopt the submission of a draft document, the Prime Minister shall fix the time for reconsideration of the draft document. On the basis of opinions of cabinet members, the drafting agency shall coordinate with concerned agencies and organizations in revising the draft.

At the subsequent meeting, the Government shall discuss the draft document in the following order:

a/ The drafting agency reports on the revised contents to the Government;

b/ The Government discuss and vote on the submission of the draft document.

Article 40.- The Government’s contribution of opinions on draft laws, ordinances and resolutions not submitted by the Government

1. The Government shall give written opinions on draft laws, ordinances or resolutions submitted by other agencies, organizations or National Assembly deputies within twenty days after receiving the dossiers of the draft documents.

2. Ministries and ministerial-level agencies designated by the Prime Minister to prepare opinions shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, preparing opinions and submit them to the Government for consideration and decision.

Section 3. VERIFICATION OF DRAFT LAWS, ORDINANCES AND RESOLUTIONS

Article 41.- Verification by the Ethnic Minorities Council and Committees of the National Assembly

1. Before being submitted to the National Assembly or the Standing Committee of the National  Assembly for discussion or opinion, a draft law, ordinance or resolution must be verified by the Ethnic Minorities Council and concerned Committees of the National  Assembly (below referred collectively to as the verifying agencies).

The Ethnic Minorities Council and concerned Committees of the National Assembly shall verify draft documents in the domains under their charge and other draft documents assigned to them by the National Assembly or its Standing Committee; and participate in verifying draft documents of which other National Assembly agencies take charge of verification as assigned by the Standing Committee of the National Assembly.

2. The verifying agency shall invite representatives of agencies assigned to participate in the verification to attend a verification meeting to present opinions on the contents of the draft document related to the domains under these agencies’ management and other issues in the draft document.

3. The verifying agency may invite representatives of concerned agencies and organizations, specialists, scientists and representatives of groups to be directly impacted by the draft document to attend meetings it organizes to present opinions on issues related to the contents of the draft document.

4. The verifying agency may request the agency, organization or National Assembly deputy submitting the draft document to report on issues related to the contents of the draft document; hold either on its own or together with the drafting agency workshops and field surveys on the issues related to the contents of the draft document.

Agencies, organizations and individuals shall, upon request, provide information and materials and comply with other requests of the verifying agency.

Article 42.- Dossiers and time limit for sending draft laws, ordinances and resolutions for verification

1. A dossier of a draft law, ordinance or resolution for verification comprises:

a/ A submission report on the draft document to the National Assembly or its Standing Committee;

b/ The draft;

c/ A statement of detailed explanations on the draft document and a report on assessment of impacts of the draft document;

d/ The verification report, for draft documents submitted by the Government; opinions of the Government on the draft document not submitted by the Government; a report summarizing opinions on the draft.

e/ A report reviewing law enforcement and assessing the actual situation of social relations related to the principal contents of the draft document;

f/ Other documents (if any).

2. For a draft document submitted to the Standing Committee of the National Assembly, at least twenty days before the opening of a session of the Standing Committee of the National Assembly the agency, organization or National Assembly deputy that submits a draft document shall send a dossier as prescribed in Clause 1 of this Article to the verifying agency and agencies participating in the verification for verification.

For a draft document submitted to the National Assembly, at least thirty days before the opening of a National Assembly session, the agency, organization or National Assembly deputy that submits a draft document shall send a dossier as prescribed in Clause 1 of this Article to the verifying agency and agencies participating in the verification for verification.

Article 43.- Contents of verification

A verifying agency shall focus its verification on the following principal issues:

1. The scope and subjects of regulation of the document;

2. Contents of the draft document and issues on which opinions remain divergent;

3. The conformity of the contents of the draft document with the Party’s lines and policies; the Constitution, laws and its consistency with the legal system;

4. The enforceability of the draft document.

Article 44.- Methods of verification

1. The verifying agency shall organize plenary sessions for verification; for a draft law, ordinance or resolution of the National Assembly submitted to the Standing Committee of the National Assembly for opinion, it may organize meetings of the standing body of the Council or Committee for preliminary verification.

2. For a draft law, ordinance or resolution which is assigned to more than one agency for coordinated verification, verification may be conducted according to one of the following methods:

a/ The verifying agency organizes verification meetings with the participation of representatives of the agencies participating in the verification;

b/ The verifying agency organizes verification meetings with the standing bodies of the agencies participating in the verification.

Article 45.- Verification reports

1. A verification report must clearly reflect the viewpoint of the verifying agency on issues subject to verification prescribed in Article 43 of this Law and propose contents that need to be amended and supplemented.

2. A verification report must fully reflect the opinions made by the members of the verifying agency and opinions given by agencies participating in he verification.

Article 46.- Responsibilities of the Law Committee in verification work to ensure the constitutionality, legality and consistency with the legal system of draft laws, ordinances and resolutions

1. The Law Committee shall participate in verification activities to ensure the constitutionality, legality and consistency with the legal system of draft laws, ordinances and resolutions which other National Assembly agencies take charge of verifying before they are submitted to the National Assembly or its Standing Committee for consideration and passage.

2. The Law Committee shall organize meetings of its standing body or plenary meetings of all of its members to prepare verification opinions and appoint a representative of the Committee to attend verification meetings held by verifying agencies.

3. Verification to ensure the constitutionality, legality and consistency with the legal system of draft laws, ordinances and resolutions covers the following:

a/ The conformity of the provisions of the draft law or resolution of the National Assembly with the provisions of the Constitution; the provisions of the draft law or resolution of the Standing Committee of the National Assembly with the provisions of the Constitution, laws and resolutions of the National Assembly.

b/ The consistency between the contents of the provisions of the draft law or resolution of the National Assembly with the laws and resolutions of the National Assembly; between the provisions of the draft ordinance or resolution of the Standing Committee of the National Assembly with the ordinances and resolutions of the Standing Committee of the National Assembly; and between the provisions of the draft law, ordinance or resolution; and the consistent use of drafting techniques.

4. When sending a dossier under Article 42 of this Law, the agency, organization or National Assembly deputy that submits the draft document shall also send the dossier to the Law Committee.

Article 47.- Responsibilities of the Committee on Social Affairs in the verification of the integration of gender equality issues into draft laws, ordinances and resolutions

1. The Committee on Social Affairs shall participate in verifying the integration of gender equality issues in draft laws, ordinances and resolutions which other agencies of the National Assembly take charge of verifying when these draft documents have contents related to gender equality.

2. The Committee on Social Affairs shall organize meetings of its standing body or plenary meetings of all of its members to prepare verification opinions and appoint a representative of the Committee to attend verification meetings held by verifying agencies.

3. Verification of the integration of gender equality issues into draft documents covers the contents prescribed in Clause 2, Article 22 of the Law on Gender Equality.

4. When sending a dossier under Article 42 of this Law, the agency, organization or National Assembly deputy that submits the draft document shall also send the dossier to the Committee on Social Affairs.

Section 4. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY’S CONSIDERATION OF AND GIVING OF OPINIONS ON DRAFT LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY

Article 48.- Time limit for the Standing Committee of the National Assembly to consider and give opinions on draft laws and resolutions of the National Assembly

At least seven days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting a draft law or resolution of the National Assembly shall send a dossier prescribed in Clause 1 of Article 42 of this Law to the Standing Committee of the National Assembly for opinion.

The draft document, the submission report and the report on the verification of the draft document shall be published on the website of the National Assembly.

Article 49.- Order of consideration and giving of opinions by the Standing Committee of the National Assembly on draft laws and resolutions of the National Assembly

1. Depending on the nature and contents of a draft law or resolution, the Standing Committee of the National Assembly may consider and give opinions on the draft document once or more than once.

2. The Standing Committee of the National Assembly shall consider and give opinions in the following order:

a/ The representative of the agency, organization or National Assembly deputy submitting the  draft document makes a presentation on the principal contents of the draft document;

b/ The representative of the verifying agency presents the verification report, which proposes issues to be discussed by the National Assembly;

c/ Representatives of agencies, organizations and individuals attending the meeting give their opinions;

d/ The Standing Committee of the National Assembly discuss;

e/ The chairperson of the meeting making concluding remarks.

Article 50.- Acceptance of opinions of the Standing Committee of the National Assembly on and revision of draft laws and resolutions of the National Assembly

1. On the basis of the opinions of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting the draft law or resolution of the National Assembly shall study and accept the opinions for revision of the draft document.

For a draft document submitted by the Government, the person authorized by the Prime Minister to submit the draft document shall organize the study and acceptance of opinions for revision of the draft document, unless it is necessary to report to the Prime Minister for consideration and decision.

2. If the agency, organization or National deputy submitting the draft law or resolution of the National Assembly hold any opinions divergent from those given by the Standing Committee of the National Assembly, such opinions shall be reported to the National Assembly for consideration and decision.

Section 5. DISCUSSION, ACCEPTANCE OF CONTRIBUTED OPINIONS, REVISION AND PASSAGE OF DRAFT LAWS, ORDINANCES AND RESOLUTIONS

Article 51.- Consideration and passage of draft laws, ordinances and resolutions

1. The National Assembly may consider and pass a draft law or resolution at a single session or two sessions.

For a draft document submitted to the National Assembly for consideration and opinion and a draft document submitted to the National Assembly for consideration and passage at a single session, at least twenty days before the opening of the session, the dossier of the draft document must be sent to National Assembly deputies.

For a draft document which has been revised according to opinions given by National Assembly deputies at the previous session and is submitted to the National Assembly for consideration and adoption at the subsequent session, at least forty five days before the opening of the session, the Standing Committee of the National Assembly shall send it to National Assembly deputies, National Assembly deputies’ delegations, the Ethnic Minorities Council and Committees of the National Assembly for comments.

National Assembly deputies’ delegations and the standing bodies of the Ethnic Minorities Council and Committees of the National Assembly shall hold discussions and send written opinions to the National Assembly Office at least twenty days before the opening of the National Assembly session.

2. The Standing Committee of the National Assembly may consider and pass a draft ordinance or resolution at a single or two sessions of the Committee.

At least twenty days before the opening of a session of the Standing Committee of the National Assembly, the dossier of the draft document shall be sent to members of the Committee.

2. A dossier of a draft document submitted to the National Assembly or its Standing Committee comprises documents prescribed in Clause 1, Article 42 of this Law and the verification report on the draft document.

The draft document, the submission report and the report on the verification of the draft document shall be published on the website of the National Assembly.

Article 52.- Order of consideration and passage of draft laws and resolutions at a single session of the National Assembly

The National Assembly shall consider and pass a draft law or resolution at a single session in the following order:

1. A representative of the agency, organization or National Assembly deputy submitting the draft document makes a presentation on the draft document;

2. A representative of the verifying agency presents the verification report;

3. The National Assembly discuss at plenary meetings the draft document’s principal contents and major issues on which opinions remain divergent. Before being put up for discussion at plenary meetings, the draft document may be discussed in groups of National Assembly deputies.

4. In the course of discussion, a representative of the agency, organization or National Assembly deputy submitting the draft document explains issues related to the draft document raised by National Assembly deputies;

5. For the draft document’s important issues and major issues on which opinions remain divergent, the National Assembly shall vote on them at the proposal of the Standing Committee of the National Assembly.

The verifying agency shall assume the prime responsibility for, and coordinate with the agency, organization or National Assembly deputy submitting the draft document, the Secretariat of the session and concerned agencies and organizations in, assisting the Standing Committee of the National Assembly in identifying issues in the draft document to be voted on by the National Assembly;

6. After the draft document is discussed and commented on by the National Assembly, the Standing Committee of the National Assembly shall organize the study, acceptance of contributed opinions and revision of the draft in the following order:

a/ The standing body of the verifying agency assumes the prime responsibility for, and coordinates with the agency, organization or National Assembly deputy submitting the draft document, the Law Committee, the Ministry of Justice and concerned agencies and organizations in, studying and accepting contributed opinions and revising the draft document, and prepares a report explaining the acceptance of contributed opinions and revision of the draft to the Standing Committee of the National Assembly;.

b/ At least five days before the date of vote for passage, the draft document shall be sent to the standing body of the Law Committee for review and perfection of drafting techniques. The standing body of the Law Committee shall assume the prime responsibility for, and coordinate with the verifying agency and the representative of the agency, organization or National Assembly deputy submitting the draft document in, conducting a review to ensure the constitutionality, legality and consistency with the legal system of the draft document;

7. The Standing Committee of the National Assembly reports to the National Assembly on the acceptance of contributed opinions and revision of the draft document; if the agency, organization or National Assembly deputy submitting the draft document holds divergent opinions on the revised contents of the draft document, such opinions must be clearly stated in the report;

8. The National Assembly vote to pass the draft document. If there are still issues on which opinions remain divergent, the National Assembly shall vote on these issues at the proposal of the Standing Committee of the National Assembly before voting to pass the whole of the draft document.

9. The Chairman of the National Assembly signs the law or resolution for authentication.

In case the draft document has not yet been passed or has been just passed in part, the revision and passage of such draft document shall be carried out under Clauses 2 and 3, Article 53 of this Law.

Article 53.- Order of consideration and passage of draft laws and resolutions at two sessions of the National Assembly

The National Assembly shall consider and pass a draft law or resolution at two sessions in the following order:

1. At the first session:

a/ A representative of the agency, organization or National Assembly deputy submitting the draft document makes a presentation on the draft document;

b/ A representative of the verifying agency presents the verification report;

c/ The National Assembly discuss at plenary meetings the draft document’s principal contents and issues on which opinions remain divergent. Before being put up for discussion at plenary meetings, the draft document may be discussed in groups of National Assembly deputies.

In the course of discussion, a representative of the agency, organization or National Assembly deputy submitting the draft document shall explain issues related to the draft document raised by National Assembly deputies;

d/ For the draft document’s important issues and major issues on which opinions remain divergent, the National Assembly shall vote on them at the proposal of the Standing Committee of the National Assembly;

The verifying agency shall assume the prime responsibility for, and coordinate with the agency, organization or National Assembly deputy submitting the draft document, the Secretariat of the session and concerned agencies and organizations in, assisting the Standing Committee of the National Assembly in preparing issues related to the contents of the draft document to be voted on by the National Assembly;

e/ The Standing Committee of the National Assembly directs the Secretariat of the session to synthesize opinions of National Assembly deputies and voting results as the basis for the revision.

2. In the recess between two National Assembly sessions, the Standing Committee of the National Assembly shall direct the study and acceptance of contributed opinions and revision of the draft document in the following order:

a/ The standing body of the verifying agency assumes the prime responsibility for, and coordinates with the agency, organization or National Assembly deputy submitting the draft document, the Law Committee, the Ministry of Justice and concerned agencies and organizations in, studying and accepting contributed opinions and revising the draft document, and prepare a report explaining the acceptance of opinions and revision of the draft. The verifying agency holds a meeting of its standing body or a plenary session to discuss the draft report to explain the acceptance of contributed opinions for revision and the revised draft document;

b/ The Standing Committee of the National Assembly consider and discuss the report explaining the acceptance of contributed opinions and the revision of the draft document and the revised draft document;

c/ The Standing Committee of the National Assembly send the revised draft document to National Assembly deputies, National Assembly deputies’ delegations, the Ethnic Minorities Council and Committees of the National Assembly for comment;

d/ The verifying agency synthesize opinions of National Assembly deputies, National Assembly deputies’ delegations, the Ethnic Minorities Council and Committees of the National Assembly for study, acceptance and revision of the draft document, and finalize the report explaining the acceptance of contributed opinions and the revision of the draft document for submission to the Standing Committee of the National Assembly.

3. At the second session:

a/ A representative of the Standing Committee of the National Assembly presents the report explaining the acceptance of contributed opinions and the revision of the draft document; if the agency, organization or National Assembly deputy submitting the draft document holds divergent opinions on the revised contents of the draft document, such opinions must be clearly stated in the report;

b/ The National Assembly discuss the draft document’s contents on which opinions remain divergent;

c/ The Standing Committee of the National Assembly direct and organize the study and acceptance of contributed opinions and the revision of the draft document;

d/ At least five days before the date of voting for passage, the draft document must be sent to the standing body of the Law Committee for review and perfection of drafting techniques. The standing body of the Law Committee shall assume the prime responsibility for, and coordinate with the agency in charge of verification and the representative of the agency, organization or National Assembly deputy submitting the draft document in, conducting a review to ensure the constitutionality, legality and consistency with the legal system of the draft document;

e/ The National Assembly vote to pass the draft document. If there are still issues on which opinions remain divergent, the National Assembly shall vote on these issues at the proposal of the Standing Committee of the National Assembly before voting to pass the whole of the draft document;

f/ The Chairman of the National Assembly signs the law or resolution of the National Assembly for authentication.

In case the draft document has not yet been passed or has been just passed in part, the consideration and passage of such draft document at the subsequent session shall be decided by the National Assembly at the proposal of its Standing Committee.

Article 54.- Order of consideration and passage of draft ordinances and resolutions of the National Assembly Standing Committee

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

a/ A representative of the agency, organization or National Assembly deputy submitting the draft document makes a presentation on the draft document;

b/ A representative of the verifying agency presents the verification report;

c/ Representatives of agencies, organizations and individuals invited to attend the meeting give opinions;

d/ The Standing Committee of the National Assembly discuss and the meeting’s chairperson makes concluding remarks;

e/ The standing body of the verifying agency assumes the prime responsibility for, and coordinate with the agency, organization or National Assembly deputy submitting the draft document, the Law Committee, the Ministry of Justice and concerned agencies and organizations, in studying and accepting contributed opinions and revising the draft document;

f/ At least three days before the date of voting for passage, the draft document must be sent to the standing body of the Law Committee for review and perfection of drafting techniques. The standing body of the Law Committee shall assume the prime responsibility for, and coordinate with the verifying agency and the representative of the agency, organization or National Assembly deputy submitting the draft document in, holding a review to ensure the constitutionality, legality and consistency with the legal system of the draft document;

g/ A representative of the verifying agency reports to the National Assembly Standing Committee on the acceptance of contributed opinions and revision of the draft document; if the agency, organization or National Assembly deputy submitting the draft document holds divergent opinions on the revised contents of the draft document, such opinions must be clearly stated in the report;

h/ The Standing Committee of the National Assembly vote to pass the draft document. If there are still issues on which opinions remain divergent, it shall vote on these issues at the proposal of the chairperson of the meeting before voting to pass the whole of the draft document.

i/ The Chairman of the National Assembly signs the ordinance or resolution of the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly shall consider and pass a draft ordinance or resolution at two meetings in the following order:

a/ At the first meeting, the submission and discussion shall be carried out in the order prescribed at Points a, b, c and d, Clause 1 of this Article. The Standing Committee of the National Assembly shall discuss and vote on a number of issues in the draft document at the proposal of the verifying agency as the basis for the revision;

b/ In the recess between two meetings, the standing body of the verifying agency shall assume the prime responsibility for, and coordinate with the agency, organization or National Assembly deputy submitting the draft document, the Law Committee, the Ministry of Justice and concerned agencies and organizations in, studying and accepting opinions and revising the draft document under the direction of the Standing Committee of the National Assembly;

c/ At least three days before the date of voting for passage, the draft document must be sent to the standing body of the Law Committee for review and perfection of drafting techniques. The standing body of the Law Committee shall assume the prime responsibility for, and coordinate with the verifying  agency and the representative of the agency, organization or National Assembly deputy submitting the draft document in, holding a review to ensure the constitutionality, legality and consistency with the legal system of the draft document;

d/ At the second meeting, the verifying agency reports to the Standing Committee of the National Assembly on the revision of the draft document; if the agency, organization or National Assembly deputy submitting the draft document holds divergent opinions on the revised contents of the draft document, such opinions must be clearly stated in the report;

e/ The Standing Committee of the National Assembly vote to pass the draft document. If there are still issues on which opinions remain divergent, it shall vote on these issues at the proposal of the chairperson of the meeting before voting to pass the whole of the draft document.

f/ The Chairman of the National Assembly signs the ordinance or resolution of the Standing Committee of the National Assembly.

Article 55.- Dossiers of draft laws, ordinances and resolutions submitted to the National Assembly or the National Assembly Standing Committee for passage

A dossier of a draft law, ordinance or resolution submitted to the National Assembly or its Standing Committee for passage comprises:

1. A report explaining the acceptance of contributed opinions and revision of the draft document;

2. The revised draft document.

Article 56.- Date of passage of laws, ordinances and resolutions of the National Assembly and the Standing Committee of the National Assembly

The date of passage of a law, ordinance or resolution of the National Assembly or the Standing Committee of the National Assembly is the date on which the National Assembly or the Standing Committee of the National Assembly vote and pass such law, ordinance or resolution.

Section 6. PROMULGATION OF LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 57.- Promulgation of laws, ordinances and resolutions

1. The State President shall issue an order to promulgate a law or resolution of the National Assembly or an ordinance or a resolution of the Standing Committee of the National Assembly within fifteen days from the date on which the law, ordinance or resolution is passed.

2. With regard to an ordinance or resolution already passed by the Standing Committee of the National Assembly but requested by the State President to be reviewed under Clause 7, Article 103 of the Constitution, the Standing Committee of the National Assembly shall review issues on which the State President gives opinions. If such ordinance or resolution is still voted for by the Standing Committee of the National Assembly and it is still disagreed with by the State President, the State President shall submit the case to the National Assembly for decision at the nearest session. In these cases, the time limit for promulgation is ten days, counting from the date the document is re-passed by the Standing Committee or decided by the National Assembly.

Chapter IV

ELABORATION AND PROMULGATION OF LEGAL DOCUMENTS OF THE STATE PRESIDENT

Article 58.- Elaboration and promulgation of orders and decisions of the State President

1. The State President may, either on his/her own or at the proposal of the Government, the Supreme People’s Court or the Supreme People’s Procuracy, decide on an agency to draft an order or a decision.

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

3. Depending on the contents of the draft order or decision, the State President may decide the publication of its full text on the website of the drafting agency. A draft document must be published for at least sixty days for agencies, organizations and individuals to give opinions on it.

4. The drafting agency shall study and accept opinions contributed by agencies, organizations and individuals for revising the draft order or decision and report the revision to the State President.

5. The State President considers and signs the order or decision for promulgation.

Chapter V

ELABORATION AND PROMULGATION OF LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, MINISTERS AND HEADS OF MINISTERIAL-LEVEL AGENCIES

Article 59.- Formulation of decree-making programs

1. The Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice and concerned agencies in, elaborating tentative annual decree-making programs of the Government on the basis of the proposals of ministries, ministerial-level agencies, government-attached agencies, and other agencies, organizations and individuals.

A proposal on the elaboration of a decree must clearly state the necessity to promulgate the decree, its principal contents and policies, and a preliminary assessment of its impacts.

2. In case of necessity, the Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, holding a meeting with the participation of representatives of concerned agencies and organizations to consider a proposal on the elaboration of a government decree.

The proposing agency or organization shall appoint a representative to make a presentation on issues related to its proposal.

3. The Government Office shall formulate a tentative decree-making program and send it to ministries, ministerial-level agencies and government-attached agencies for opinion, and concurrently publish it on the website of the Government for agencies, organizations and individuals to contribute opinions.

4. The Government shall adopt annual decree-making programs. The Prime Minister shall assign ministries, ministerial-level agencies and government-attached agencies to draft decrees.

Article 60.- Decree-drafting boards

1. The drafting agency shall set up a decree-drafting board, which consists of the head who is a representative of the drafting agency, and members who are representatives of the evaluating agency, concerned agencies and organizations, specialists and scientists.

The drafting board is responsible for the quality and schedule of drafting to the drafting agency.

The head of the drafting board shall set up an editing group to assist the drafting board and perform tasks assigned by the drafting board.

2. A drafting board has the following tasks:

a/ To review and approve the outline of the draft decree;

b/ To discuss basic issues and contents of the draft decree and issues on which ministries, ministerial-level agencies and government-attached agencies still hold divergent opinions;

c/ To discuss contents which need to be revised according to opinions of the verifying agency and opinions contributed by agencies, organizations and individuals;

d/ To ensure that the provisions of the draft document comply with the Party’s policies and line, the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; assure its consistency with the legal system; and guarantee the enforceability of the document.

3. On the basis of opinions of the drafting board, the head of the drafting board shall direct the editing group to draft and revise the draft decree.

Article 61.- Tasks of drafting agencies

1. The drafting agency is responsible to the Government for the contents and quality of the draft decree and the drafting schedule.

2. The drafting agency has the following tasks:

a/ To review the implementation of laws and evaluate existing legal documents related to the draft decree; to survey and evaluate the actual situation of social relations related to the principal contents of the draft decree;

b/ To organize study of information, materials and treaties to which the Socialist Republic of Vietnam is a contracting party which are related to the draft decree;

c/ To collect opinions, study and accept contributed opinions, and revise the draft decree; to prepare a submission report and a report explaining the acceptance of contributed opinions on the draft decree; a report on assessment of impacts of the draft decree, and publish these documents on the website of the Government or the drafting agency;

d/ To ensure conditions for the operation of the drafting board and editing group.

Article 62.- Collection of opinions on draft decrees

1. In the course of drafting a decree, the drafting agency or organization shall collect opinions of ministries, ministerial-level agencies, government-attached agencies and entities to be directly impacted by the document; determine issues on which opinions are sought and indicate specific addresses for receiving opinions; and to publish the full text of the draft decree on the website of the Government or the drafting agency for at least sixty days for agencies, organizations and individuals to contribute opinions.

2. Opinions may be collected in the form of direct consultation, sending of draft documents for opinion, holding of seminars, or on websites of the Government and drafting agencies or the mass media.

3. Drafting agencies shall synthesize, study and accept contributed opinions.

Article 63.- Evaluation of draft decrees

1. The Ministry of Justice shall evaluate draft decrees before they are submitted to the Government.

For a draft decree that has complex contents related to many branches and domains or which is drafted by the Ministry of Justice, the Minister of Justice shall set up an evaluation council consisting of representatives of concerned agencies, specialists and scientists.

2. A dossier sent for evaluation comprises:

a/ A submission report to the Government on the draft decree;

b/ The draft decree;

c/ A statement of detailed explanations on the draft decree and a report on assessment of impacts of the draft decree;

d/ A report summarizing opinions contributed by agencies, organizations and individuals and entities to be directly impacted by the draft decree; copies of written opinions of ministries, ministerial-level agencies and government-attached agencies; and a report explaining the acceptance of contributed opinions.

e/ Other documents (if any).

3. The contents of evaluation of a draft decree are as prescribed in Clause 3, Article 36 of this Law.

4. In case of necessity, the evaluating agency may request the drafting agency to report on issues related to the contents of the draft decree; conduct on its own or together with the drafting agency field surveys on issues related to the contents of the draft decree. The drafting agency shall supply information and materials for the evaluation of the draft decree.

5. An evaluation report must be sent to the drafting agency within fifteen days after the evaluation agency receives the dossier for evaluation.

6. The drafting agency shall study evaluation opinions and revise the draft decree for submission to the Government.

Article 64.- Dossiers of draft decrees submitted to the Government

1. A submission report to the Government on the draft decree.

2. The draft decree already revised on the basis of opinions of the evaluating agency and other agencies, organizations and individuals.

3. A report explaining the acceptance of opinions of the evaluation agency and other agencies, organizations and individuals.

4. A statement of detailed explanations and a report assessing the impacts of the draft decree.

5. A report summarizing opinions of agencies, organizations and individuals.

6. Other documents (if any).

Article 65.- Revision and finalization of draft decrees before submission to the Government

If ministries, ministerial-level agencies and government-attached agencies still hold divergent opinions on major issues related to the contents of a draft decree, the Minister-Director of the Government Office shall convene a meeting of representatives of the leaderships of the drafting agency, the Ministry of Justice and concerned ministries, ministerial-level agencies and government-attached agencies to iron out these issues before submission to the Government for consideration and decision. On the basis of opinions given at this meeting, the drafting agency shall coordinate with concerned agencies in further revising and finalizing the draft decree for submission to the Government.

Article 66.- Order of consideration and adoption of draft decrees

Depending on the nature and contents of a draft decree, the Government may consider it at a single or two meetings of the Government in the following order:

1. A representative of the drafting agency makes a presentation on the draft decree;

2. A representative of the Government Office raises issues for discussion;

3. Representatives of agencies and organizations attending the meeting give their opinions;

4. The Government discuss.

The drafting agency shall coordinate with the Ministry of Justice, the Government Office and concerned agencies in revising the draft document according to the Government’s opinions;

5. The Government vote to adopt the draft decree.

If the draft decree is not yet adopted, the Prime Minister shall give direction on issues to be revised and set a time limit for resubmitting the draft decree, and assign the drafting agency to finalize the draft decree for submission to the Government for consideration and adoption.

6. The Prime Minister signs the decree.

Article 67.- Elaboration and promulgation of decisions of the Prime Minister

1. Ministries, ministerial-level agencies or government-attached agencies shall draft decisions of the Prime Minister according to the assignment of the Prime Minister.

2. The drafting agency shall publish the full text of a draft decision of the Prime Minister on the website of the Government or the drafting agency for at least sixty days for agencies, organizations and individuals to contribute opinions.

Depending on the nature and contents of the draft decision, the drafting agency shall send it to concerned ministries, ministerial-level agencies and government-attached agencies for opinions.

3. The Ministry of Justice shall evaluate draft decisions of the Prime Minister; the contents of evaluation are as prescribed in Clause 3, Article 36 of this Law. An evaluation report must be sent to the drafting agency within ten days after receipt of the dossier sent for evaluation.

4. The drafting agency shall study opinions of the evaluating agency and other agencies, organizations and individuals to revise the draft decree and report to the Prime Minister.

5. The Prime Minister shall consider and sign the decision for promulgation.

Article 68.- Elaboration and issuance of circulars of ministers and heads of ministerial-level agencies

1. The drafting of a circular shall be assigned to an attached unit of the ministry or ministerial-level agency and directed by the minister or the head of a ministerial-level agency.

2. A draft circular shall be published on the website of the promulgating agency for at least sixty days for agencies, organizations and individuals to contribute opinions.

Depending on the nature and contents of a draft circular, it shall be sent to concerned ministries, ministerial-level agencies and government-attached agencies for opinions.

3. The legal department of the ministry or ministerial-level agency shall evaluate the draft circular according to the contents prescribed in Clause 3, Article 36 of this Law.

4. The unit assigned to draft a circular shall assume the prime responsibility for, and coordinate with concerned units in, studying and accepting evaluation opinions and opinions of agencies, organizations and individuals to revise the draft circular and report to the minister or the head of the ministerial-level agency.

5. The minister or the head of the ministerial-level agency shall consider and sign the circular for promulgation.

Chapter VI

ELABORATION AND PROMULGATION OF LEGAL DOCUMENTS OF THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT, THE PRESIDENT OF THE SUPREME PEOPLE’S COURT, THE DIRECTOR OF THE SUPREME PEOPLE’S PROCURACY AND THE STATE AUDITOR GENERAL

Article 69.- Elaboration and promulgation of resolutions of the Judges’ Council of the Supreme People’s Court

1. The drafting of a resolution of the Judges’ Council of the Supreme People’s Court shall be organized and directed by the President of the Supreme People’s Court.

2. A draft resolution shall be published on the website of the Supreme People’s Court for at least sixty days for agencies, organizations and individuals to contribute opinions.

Depending on the nature and contents of a draft resolution, the President of the Supreme People’s Court shall decide to send it to the Supreme People’s Procuracy, the Ministry of Justice, local People’s Courts, military courts and concerned agencies and organizations for opinion.

3. The President of the Supreme People’s Court shall direct the acceptance of opinions contributed on the draft resolution.

4. The draft resolution shall be discussed at a meeting of the Judges’ Council of the Supreme People’s Court, which is participated by the Director of the Supreme People’s Procuracy and the Minister of Justice.

5. The Judges’ Council of the Supreme People’s Court shall vote to adopt the draft resolution.

If the Director of the Supreme People’s Procuracy or the Minister of Justice disagrees with the resolution of the Judges’ Council of the Supreme People’s Court, he/she may report it to the Standing Committee of the National Assembly for consideration and opinion at the nearest meeting.

6. The President of the Supreme People’s Court shall sign the resolution of the Judges’ Council of the Supreme People’s Court.

Article 70.- Elaboration and promulgation of circulars of the President of the Supreme People’s Court

1.  The drafting of a circular of the President of the Supreme People’s Court shall be organized and directed by the President of the Supreme People’s Court.

2. A draft circular shall be published on the website of the Supreme People’s Court for at least sixty days for agencies, organizations and individuals to contribute opinions.

Depending on the nature and contents of a draft circular, the President of the Supreme People’s Court shall decide to send it to local People’s Courts, military courts and concerned agencies and organizations for opinion.

3. A draft circular of the President of the Supreme People’s Court shall be discussed and commented by the Judges’ Council of the Supreme People’s Court.

4. The President of the Supreme People’s Court shall direct the acceptance of contributed opinions on a draft circular, consider and sign the circular for promulgation.

Article 71.- Elaboration and promulgation of circulars of the Director of the Supreme People’s Procuracy

1. The drafting of a circular of the Director of the Supreme People’s Procuracy shall be organized and directed by the Director of the Supreme People’s Procuracy.

2. A draft circular shall be published on the website of the Supreme People’s Procuracy for at least sixty days for agencies, organizations and individuals to contribute opinions.

Depending on the nature and contents of a draft circular, the Director of the Supreme People’s Procuracy shall decide to send it to local People’s Procuracies, military procuracies and concerned agencies and organizations for opinion.

3. A draft circular of the Director of the Supreme People’s Procuracy shall be discussed and commented by the Procuracy Committee of the Supreme People’s Procuracy.

4. The Director of the Supreme People’s Procuracy shall direct the acceptance of contributed opinions on a draft circular, consider and sign the circular for promulgation.

Article 72.- Elaboration and promulgation of decisions of the State Auditor General

1. The drafting of a decision of the State Auditor General shall be organized and directed by the State Auditor General.

2. A draft decision shall be published on the website of the State Audit Office for at least sixty days for agencies, organizations and individuals to contribute opinions.

3. Depending on the nature and contents of a draft decision, the State Auditor General shall decide to send it to concerned agencies and organizations for opinion.

4. The State Auditor General shall direct the acceptance of contributed opinions on a draft decision, consider and sign the decision for promulgation.

Chapter VII

ELABORATION AND PROMULGATION OF JOINT LEGAL DOCUMENTS

Article 73.- Elaboration and promulgation of joint resolutions

1. The drafting of a joint resolution between the Standing Committee of the National Assembly or the Government and the central agency of a socio-political organization shall be assigned to an agency by the Standing Committee of the National Assembly or the Government.

2. The drafting agency shall organize the drafting.

3. A draft resolution shall be published on the website of the drafting agency for at least sixty days for agencies, organizations and individuals to contribute opinions.

4. The drafting agency shall study and accept contributed opinions to revise the draft resolution.

5. A draft resolution is adopted when it is agreed by the agencies and organizations competent to promulgate it.

The Chairman of the National Assembly or the Prime Minister and the head of the socio-political organization shall jointly sign the joint resolution.

Article 74.- Elaboration and promulgation of joint circulars

1. The drafting of a joint circular between the President of the Supreme People’s Court and the Director of the Supreme People’s Procuracy; between the President of the Supreme People’s Court, the Director of the Supreme People’s Procuracy and a minister or the head of a ministerial-level agency or between ministers and heads of ministerial-level agencies shall be assigned to an agency through agreement by the President of the Supreme People’s Court, the Director of the Supreme People’s Procuracy, ministers and heads of ministerial-level agencies.

2. The drafting agency shall organize the drafting.

3. A draft joint circular shall be published on the website of the drafting agency for at least sixty days for agencies, organizations and individuals to contribute opinions.

For the draft of a joint circular between the President of the Supreme People’s Court or the Director of the Supreme People’s Procuracy and a minister or the head of a ministerial-level agency, opinions of members of the Judges’ Council of the Supreme People’s Court or members of the Procuracy Committee of the Supreme People’s Procuracy must be sought.

4. The drafting agency shall study and accept contributed opinions to revise the draft joint circular.

5. A draft joint circular is adopted when it is agreed by the agencies and organizations competent to promulgate it.

The President of the Supreme People’s Court or the Director of the Supreme People’s Procuracy and the minister or the head of a ministerial-level agency shall jointly sign the joint circular

Chapter VIII

ELABORATION AND PROMULGATION OF LEGAL DOCUMENTS ACCORDING TO FAST-TRACK ORDER AND PROCEDURES

Article 75.- Cases of elaboration and issuance of legal documents according to fast-track order and procedures

In case of emergency or necessity to make immediate amendments to comply with newly promulgated legal documents, the elaboration and promulgation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government and decisions of the Prime Minister may be carried out according to fast-track order and procedures.

2. The Standing Committee of the National Assembly shall decide on the elaboration and promulgation of ordinances and resolutions of the Standing Committee of the National Assembly according to fast-track order and procedures; and submit to the National Assembly the elaboration and promulgation of laws and resolutions of the National Assembly according to fast-track order and procedures.

The State President shall decide on the application of fast-track order and procedures to the elaboration and promulgation of orders and decisions of the State President.

The Prime Minister shall decide on the application of fast-track order and procedures to the elaboration and promulgation of decrees of the Government and decisions of the Prime Minister.

3. The elaboration and promulgation of legal documents according to fast-track order and procedures are prescribed as follows:

a/ The drafting agency must not necessarily set up a drafting board and an editing group for drafting and may directly organize the drafting;

b/ The drafting agency may organize the collection of opinions of concerned agencies, organizations and individuals on the draft document;

c/ The evaluating agency shall evaluate the draft document immediately after receiving the dossier for evaluation; the verifying agency shall verify the draft document immediately after receiving the dossier for verification.

Article 76.- Dossiers of submission of draft legal documents according to fast-track order and procedures

1. A submission report on the draft document.

2. The draft document.

3. An evaluation report, for a draft decree of the Government or a draft decision of the Prime Minister; a verification report for a draft law or resolution of the National Assembly and a draft ordinance or resolution of the Standing Committee of the National Assembly.

Article 77.- Consideration and passage of legal documents according to fast-track order and procedures

In a case prescribed in Clause 1, Article 75 of this Law, the National Assembly shall consider and pass a draft document at a single session; the Standing Committee of the National Assembly or the Government shall consider and pass a draft document at a single session.

Chapter IX

EFFECT OF LEGAL DOCUMENTS AND PRINCIPLES OF APPLICATION AND PUBLICITY OF LEGAL DOCUMENTS

Article 78.- Effective time and publication of legal documents in Cong Bao

1. The effective time of a legal document is prescribed in the document, which must not be earlier than forty five days from the date of its promulgation or signing for promulgation.

If a legal document prescribes implementation measures in a state of emergency, a legal document is promulgated in prompt response to the requirements of prevention and combat of a natural disaster or an epidemic, it may take effect on the date of its promulgation or signing for promulgation provided that it must be published on the website of the promulgating agency and reported on the mass media; and published on Cong Bao of the Socialist Republic of Vietnam (below referred to as Cong Bao) within two working days after the date of its promulgation or signing for promulgation.

2. A legal document must be published in Cong Bao; unless it is published in Cong Bao, a legal document is not effective, except for legal documents containing state secrets and those prescribed at paragraph 2, Clause 1 of this Article.

Within two working days after the date of its promulgation or signing for promulgation, a legal document must be sent by the promulgating agency to the Cong Bao office for publication in Cong Bao.

The Cong Bao office shall publish the full text of a legal document in Cong Bao within fifteen days after receipt of the document.

Legal documents published in Cong Bao are official and valid like original ones.

The Government shall issue specific regulations on Cong Bao.

Article 79.- Retroactive effect of legal documents

1. Only in extremely necessary cases a legal document may have a retroactive effect.

2. The retroactive effect shall not be allowed to apply in the following cases:

a/ Determining a new legal responsibility for an act done at a time when no legal responsibility for it was prescribed by law.

b/ Determining a heavier legal responsibility.

Article 80.- Cessation of the effect of legal documents

1. A legal document of which the implementation is suspended shall cease to be effective until there is a handling decision of a competent state agency. If a competent state agency issues a cancellation decision, the document will be no longer effective, if no cancellation decision is issued, it will continue to be effective.

2. The time when a document ceases to be effective, continues to be effective or is no longer effective must be clearly specified in the decision to suspend its implementation or in the decision of a competent state agency to handle it.

3. The decision to suspend the implementation of a legal document or the decision to handle it must be published in Cong Bao and reported on the mass media.

Article 81.- Cases of termination of the effect of legal documents

The effect of a legal document terminates wholly or partially in the following cases:

1. Upon the expiration of the effective time specified in the document;

2. The document is amended, supplemented or replaced with a new document of the agency that has issued such document;

3. The document is annulled or abolished by a document of a competent state agency.

Article 82.- Effect in terms of space and subjects of regulation

Legal documents of central state agencies are effective on a national scale and binding on all agencies, organizations and citizens, unless otherwise stipulated in the documents or treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 83.- Application of legal documents

1. A legal document applies from the time it takes effect.

A legal document applies to acts happening at the time when such document is in effect. If the document has a provision on retroactive effect, such provision will prevail.

2. If legal documents have different provisions on the same issue, the document of higher legal effect will prevail.

3. If legal documents issued by the same agency on the same issue have different provisions, on the same issue, the latest document will prevail.

4. If a new legal document stipulates no legal responsibility or a lighter legal responsibility for an act happening prior to the date of its effect, the new document will prevail.

Article 84.- Publication and reporting of legal documents

A legal document must be published in full text on the website of the promulgating agency within two days after the date of its promulgation or signing for promulgation and reported on the mass media, except for those containing state secrets.

Chapter X

INTERPRETATION OF LAWS AND ORDINANCES

Article 85.- Competence to interpret laws and ordinances

The Standing Committee of the National Assembly shall interpret laws and ordinances.

Agencies and organizations defined in Article 87 of the Constitution and National Assembly deputies have a right to propose the Standing Committee of the National Assembly to interpret laws and ordinances. The Standing Committee of the National Assembly shall consider and decide on the interpretation.

Article 86.- Elaboration and passage of resolutions to interpret laws and ordinances

1. Depending on the nature and contents of issues in need of interpretation, the Standing Committee of the National Assembly may assign the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Ethnic Minorities Council or a Committee of the National Assembly to draft a resolution to interpret a law or ordinance and submit it to the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall assign the Ethnic Minorities Council or a Committee of the National Assembly to verify the conformity of the draft interpretive resolution with the spirit and content of the interpreted document.

2. The Standing Committee of the National Assembly shall consider and adopt a draft resolution to interpret a law or ordinance in the following order:

a/ A representative of the interpretation-requesting agency, organization or National Assembly deputy invited to the meeting presents opinions;

b/ A representative of the agency assigned to prepare the draft resolution explains and reads its full text;

c/ A representative of the verifying agency presents a verification report;

d/ Representatives of agencies, organizations and individuals invited to the meeting give opinions;

e/ The Standing Committee of the National Assembly discuss;

f/ The chairperson of the meeting makes concluding remarks;

g/ The Standing Committee of the National Assembly vote.

h/ The Chairman of the National Assembly signs a resolution to interpret a law or ordinance.

3. The resolution to interpret a law or resolution shall be published in Cong Bao and reported on the mass media.

Chapter XI

SUPERVISION, EXAMINATION, AND HANDLING OF LEGAL DOCUMENTS, MERGER OF LEGAL DOCUMENTS AND PERFECTION OF THE SYSTEM OF LEGAL DOCUMENTS

Article 87.- Supervision and examination of legal documents

Legal documents must be supervised and examined by competent state agencies in accordance with law.

The supervision and examination of legal documents aim to detect their wrong or inappropriate contents in order to suspend their implementation, amend, supplement, annul or abolish part or the whole of the documents, and concurrently propose competent agencies to identify the responsibility of the agencies or individuals that have promulgated the documents in question.

Article 88.- Contents of supervision and examination of legal documents

1. Compliance of the document with the Constitution, laws and resolutions of the National Assembly, and legal documents of superior state agencies.

2. Compatibility between form and content of the document;

3. Compatibility between content of the document and competence of the promulgating agency.

4. Consistency between current and newly promulgated documents of the same agency.

Article 89.- Supervision and handling of legal documents showing unlawful signs

1. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Minorities Council and Committees of the National Assembly shall, within the ambit of their respective tasks and powers, supervise the promulgation of legal documents.

2. The competence, order and procedures for supervising the promulgation of legal documents and handling legal documents showing unlawful signs comply with the Law on Supervisory Activities of the National Assembly.

Article 90.- The Government’s examination and handling of legal documents showing unlawful signs

1. The Government shall examine legal documents of ministries and ministerial-level agencies and handle those showing unlawful signs.

2. The Prime Minister shall consider and decide on the annulment or termination of the implementation of a part or the whole of a legal document of a minister or the heads of a ministerial-level agency which is contrary to the Constitution, laws and legal documents of superior state agencies

3. The Ministry of Justice shall take responsibility to the Government for performing the state management of the examination of legal documents; and assist the Prime Minister in examining legal documents of ministers and heads of ministerial-level agencies and handling those showing unlawful signs.

Article 91.- Examination and handling by ministers and heads of ministerial-level agencies of legal documents showing unlawful signs

1. Ministers and heads of ministerial-level agencies shall examine legal documents of their own ministries and ministerial-level agencies regarding the contents related to the branches and domains under their charge.

When discovering that a legal document promulgated by himself/herself is contrary to law, a minister or the head of a ministerial-level agency may himself/herself annul, amend, supplement the document or promulgate a legal document to replace it.

2. Ministers or heads of ministerial-level agencies have a right to recommend ministers or heads of ministerial-level agencies who have promulgated documents on branches or domains under the former’s charge to annul or suspend the implementation of part or the whole of such document. If such recommendation is rejected, they may submit their recommendation to the Prime Minister for decision.

Article 92.-  Merger of legal documents

1. A document amending and supplementing a number of articles of a legal document may be technically merged with the amended and supplemented document.

2. The merger of legal documents shall be prescribed by the Standing Committee of the National Assembly.

Article 93.-  Review, systematization and codification of the system of legal documents

1. State agencies shall, within the ambit of their respective tasks and powers, regularly review and periodically systematize legal documents; if detecting provisions which are unlawful, contradictory, overlapping or no longer suitable to the national development reality, they may themselves or propose competent state agencies to promptly amend, supplement, replace, annul such provisions or terminate their implementation.

Agencies, organizations and citizens have the right to propose competent state agencies to consider the amendment, supplementation, replacement, annulment or termination of implementation of legal documents.

2. Legal norms must be reviewed, collected and arranged into thematic codes.

The codification of the system of legal norms shall be prescribed by the Standing Committee of the National Assembly.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 94.- Funds for the elaboration of legal documents

Funds for the elaboration of legal documents come from the state budget.

Article 95.- Implementation effect

1. This Law takes effect on January 1, 2009.

This Law replaces the 1996 Law on Promulgation of Legal Documents and the 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents

2. Legal documents, including resolutions of the Government; directives of the Prime Minister; decisions and directives of the President of the Supreme People’s Court and the Director of the Supreme People’s Procuracy, ministers and heads of ministerial-level agencies, joint documents between ministers or heads of ministerial-level agencies and central agencies of socio-political organizations, which have been promulgated before this Law takes effect, continue to be effective until they are annulled, abolished or replaced with other legal documents.

This Law was adopted on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.

Chairman of the National Assembly
NGUYEN PHU TRONG