Resolution 05/2021/UBTVQH15 on the functions, tasks, powers and organizational structure of the Institute for Legislative Studies

RESOLUTION

On the functions, tasks, powers and organizational structure of the Institute for Legislative Studies^[1]

THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which had a number of articles amended and supplemented under Law No. 65/2020/QH14;

Pursuant to Law No. 29/2013/QH13 on Science and Technology, which had a number of articles amended and supplemented under Law No. 28/2018/QH14;

Pursuant to the Working Regulation of the National Assembly Standing Committee promulgated together with Resolution No. 1075/2015/UBTVQH13 of December 11, 2015;

At the proposal of the Head of the National Assembly Standing Committee’s Board for Deputy Affairs in Report No. 760/TTr-BCTDB of September 27, 2021,

RESOLVES:

Article 1. Position and functions of the Institute for Legislative Studies

The Institute for Legislative Studies is an agency under the National Assembly Standing Committee, functioning to conduct legislative science research and organize the provision of legislative science information in order to provide policy advice, consultancy and support for and serve the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, and National Assembly deputies in performance of the functions and tasks and exercise of the powers of the National Assembly; and assist the National Assembly Standing Committee in managing scientific and technological activities of agencies of the National Assembly, agencies of the National Assembly Standing Committee, delegations of National Assembly deputies, and the Office of the National Assembly.

Article 2. Tasks and powers of the Institute for Legislative Studies

1. To conduct or organize research in order to provide advice for and serve the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, and National Assembly deputies in reforming the organizational structure and mode of operation of the National Assembly and the advisory and assisting apparatus of the National Assembly and National Assembly Standing Committee.

2. Proactively or at the request of the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, or National Assembly deputies, to conduct or organize research on theoretical and practical issues relating to the National Assembly exercising constitutional and legislative powers, deciding on important issues for the country, and conducting the supreme oversight over the activities of the State.

3. To advise and assist National Assembly deputies in exercising the right to submit motions on laws and ordinances; to propose the making of laws and ordinances; to assist in the drafting of laws, ordinances and resolutions to be submitted by National Assembly deputies to the National Assembly or National Assembly Standing Committee. To participate and closely coordinate with the Ethnic Council, Committees of the National Assembly and agencies of the National Assembly Standing Committee in the legislative process.

4. Proactively or at the request of the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, or National Assembly deputies, to organize the provision of legislative science information and outcomes of legislative science research in order to serve the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, delegations of National Assembly deputies, and National Assembly deputies in performing their tasks and exercising their powers.

5. To publish the Journal of Legislative Studies in paper and electronic forms for publishing, providing and exchanging legislative science information and disseminating legislative science information, legislative practice, and legal documents promulgated by the National Assembly and National Assembly Standing Committee; to compile publications, scientific research works and research materials.

6. To assist the National Assembly Standing Committee in performing the state management of science and technology within agencies of the National Assembly, agencies of the National Assembly Standing Committee, delegations of National Assembly deputies, and the Office of the National Assembly in accordance with the law on science and technology; to perform the tasks of the standing body of the Science Council of the National Assembly Standing Committee.

7. To cooperate with domestic and foreign research and information agencies and organizations in carrying out research and providing information on legislative science; to receive, manage, exploit and disseminate outcomes of legislative science research, and materials and products containing legislative science information from domestic and foreign agencies, organizations and individuals in order to provide them to the National Assembly, agencies of the National Assembly, agencies of the National Assembly Standing Committee, and National Assembly deputies.

8. To attract the participation of experts and collaborators in carrying out research activities and organizing the provision of legislative science information.

9. To organize conferences and seminars to collect opinions on draft laws, draft ordinances and draft resolutions, and perform other tasks and exercise other powers as prescribed by law or assigned by the National Assembly, National Assembly Standing Committee or the leaders of the National Assembly.

Article 3. Organizational structure of the Institute for Legislative Studies

1. The Institute for Legislative Studies has the Director, Deputy Directors and civil servants, public employees and workers.

2. The payroll and structure of civil servant and public employee ranks of the Institute for Legislative Studies shall be decided by the National Assembly Standing Committee based on working positions and functions, tasks and powers of the Institute for Legislative Studies. In addition to the law-prescribed payroll, the Institute for Legislative Studies may employ experts and collaborators.

3. The Institute for Legislative Studies has the following attached units:

a/ Center for Administrative-State Law Research;

b/ Center for Socio-Economic Law Research;

c/ Science Management Board;

d/ Office;

dd/ Journal of Legislative Studies.

The Journal of Legislative Studies is a public non-business unit which operates in accordance with the Press Law and relevant laws and has the legal person status and its own bank account and seal.

Article 4. Tasks and powers of the Director and Deputy Directors of the Institute for Legislative Studies

1. The Director and Deputy Directors of the Institute for Legislative Studies shall be appointed, relieved from duty or dismissed by the National Assembly Standing Committee. The Director of the Institute for Legislative Studies shall be responsible to the National Assembly Standing Committee for the organization and operation of the Institute for Legislative Studies.

2. The Director of the Institute for Legislative Studies has the following tasks and powers:

a/ To lead, direct, manage and administer the operation of the Institute for Legislative Studies;

b/ To submit to the direction by the National Assembly Standing Committee and the leaders of the National Assembly; to keep relations with the Standing Body of the Ethnic Council, Standing Bodies of Committees of the National Assembly, leaders of agencies of the National Assembly Standing Committee, Office of the National Assembly, and related agencies and organizations;

c/ To act on behalf of the Institute for Legislative Studies in international cooperation activities falling under the competence of the Institute for Legislative Studies;

d/ To decide on the recruitment, employment, management and commendation of, and handling of violations committed by, civil servants, public employees and workers of the Institute for Legislative Studies in accordance with law, except the case specified in Clause 1 of this Article;

dd/ To specifically define the organizational structure, functions, tasks, powers and operation of the attached units of the Institute for Legislative Studies; coordination mechanism and working relationship among the units of the Institute for Legislative Studies and with related agencies and organizations;

e/ To decide on the establishment of the Science Council of the Institute for Legislative Studies;

g/ To perform other tasks and exercise other powers assigned by the National Assembly Standing Committee or the leaders of the National Assembly.

3. Deputy Directors of the Institute for Legislative Studies shall assist the Director of the Institute for Legislative Studies in performing tasks as assigned by the latter. When the Director of the Institute for Legislative Studies is absent, he/she shall authorize a Deputy Director to perform the tasks and exercise the powers of the former.

Article 5. Funds and conditions for operation

1. The Institute for Legislative Studies is a public non-business unit serving political and state management tasks, operating according to the administrative mechanism and having its own seal and bank account.

2. Operating funds of the Institute for Legislative Studies shall be wholly covered by the state budget; additional funds shall be allocated for unscheduled tasks. Physical foundations and conditions for operation of the Institute for Legislative Studies shall be ensured by the Office of the National Assembly.

3. The National Assembly Standing Committee shall assign the Office of the National Assembly to act as the superior financial management agency for the Institute for Legislative Studies.

4. Cadres, civil servants, public employees and workers of the Institute for Legislative Studies are entitled to the regimes and policies applicable to cadres, civil servants and workers of the Office of the National Assembly in conformity with specific characteristics of the activities of the National Assembly.

Heads of attached units of the Institute for Legislative Studies specified in Clause 3, Article 3 of this Resolution are entitled to the wages and regimes and policies applicable to directors of departments while deputy heads are entitled to the wages and regimes and policies applicable to deputy directors of departments of ministries and central-level agencies.

Article 6. Implementation provisions

1. This Resolution takes effect on the date of its signing.

2. This Resolution replaces the National Assembly Standing Committee’s Resolution No. 1050/2015/UBTVQH13 of October 9, 2015.

3. The Director of the Institute for Legislative Studies, Chairperson of the Office of the National Assembly, Head of the National Assembly Standing Committee’s Board for Deputy Affairs, and related agencies, organizations and individuals shall, within the ambit of their responsibilities, implement this Resolution.-

On behalf of the National Assembly Standing Committee
Chairman of the National Assembly
VUONG DINH HUE