Resolution 50/2022/QH15 on 2023 law- and ordinance-making Program, adjustments to 2022 law-and ordinance-making Program

RESOLUTION

On the 2023 law- and ordinance-making Program and adjustments to the 2022 law-and ordinance-making Program
 

THE NATIONAL ASSEMBLY
 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14;

Considering the National Assembly Standing Committee’s Report No. 223/TTr-UBTVQH15 of May 20, 2022, on the tentative 2023 law- and ordinance-making Program and adjustments to the 2022 law-and ordinance-making Program, and the National Assembly Standing Committee’s Report No. 242/BC-UBTVQH15 of June 10, 2022, explaining about, assimilating opinions on, and revising, the draft resolution on the 2023 law- and ordinance-making Program and adjustments to the 2022 law-and ordinance-making Program.

RESOLVES:
 

Article 1. Evaluation of the situation

The National Assembly agrees with the evaluation of the situation and result of implementation of the law- and ordinance-making Program in 2021 and the first months of 2022 as stated in the National Assembly Standing Committee’s Report.

2021 is the year of many significant events of the country and the year of transition of terms of office of the National Assembly, the Government and many state agencies at central and local levels. The COVID-19 pandemic continued undergoing serious developments, affecting operations of agencies and businesses as well as all aspects of the society and the people’s life. Against that backdrop, the National Assembly, National Assembly Standing Committee, Government, and related agencies and organizations have tried their best to remove difficulties, uphold their sense of responsibility, renew in a flexible manner their working methods, and determine to fulfill legislative tasks and work, achieving and even surpassing the requirements set forth under the Program. Many practical and effective improvements have been seen in the law-making work, ensuring the close and proactive coordination in the spirit of “early and remote involvement”, contributing to speeding up the progress and raising the quality of promulgated laws, ordinances and resolutions, timely institutionalizing the 13^th National Party Congress’s Resolution, removing difficulties and obstacles, and meeting practical requirements. The formulation and organization of implementation of the Scheme on orientations for the lawmaking program of the 15^th National Assembly (below referred to as the Orientative Scheme) has been expeditiously carried out with initial positive effects.

The National Assembly has promptly passed important and urgent laws, resolutions, and decisions, creating legal grounds for the Government to effectively implement solutions for prevention and control of the COVID-19 pandemic, protecting people’s health and life, ensuring social security mobilizing resources for socio-economic recovery and development, removing institutional bottlenecks, and creating motives for the country’s further development. However, there are stills shortcomings and limitations in the formulation and implementation of the law- and ordinance-making program, which need to be expeditiously addressed so as to better improve the quality of the law-making work in the upcoming time.

Article 2. Adjustments to the 2022 law- and ordinance-making Program

1. To change the name of the draft Law on Exercise of Democracy in Communes, Wards and Townships to Law on Exercise of Democracy at the Grassroots Level

2. To adjust the time for submission of the draft Land Law (amended) for discussion from the 3^th session (May 2022) to the 4^th session (October 2022) and 5^th session (May 2023) before being passed at the 6^th session (October 2023).

3. To add the (amended) draft Law on Anti-Money Laundering to the 2022 law- and ordinance-making Program for submission to the National Assembly for discussion and passage at the 4^th session (October 2022) according to the single-session procedures.

4. To add the following draft laws to the 2022 law- and ordinance-making program for submission to the National Assembly for discussion at the 4^th session (October 2022):

a/ The (amended) Law on Bidding;

b/ The (amended) on Price;

c/ The (amended) Law on E-Transactions;

d/ The (amended) Law on Cooperatives;

dd/ The (amended) Law on Civil Defense.

Article 3. The 2023 law- and ordinance-making program

1. At the 5^th session (May, 2023):

a/ To submit to the National Assembly for passage 6 laws and 1 resolution, namely:

1. The (amended) Law on Protection of Consumer’s Rights;

2. The (amended) Law on Bidding;

3. The (amended) on Price;

4. The (amended) Law on E-Transactions;

5. The (amended) Law on Cooperatives;

6. The (amended) Law on Civil Defense.

7. Resolution on the 2024 law- and ordinance-making Program and adjustment of the 2023 law- and ordinance- making Program.

b/ To submit to the National Assembly for discussion 6 draft laws, namely:

1. The (amended) Land Law (to be discussed for the second time);

2. The (amended) Law on Real Estate Business;

3. The (amended) Housing Law;

4. The (amended) Law on Water Resources;

5. The (amended) Law on Telecommunications;

6. The Law on Management and Protection of National Defense Works and Military Zones.

2. At the 6^th session (October, 2023):

a/ To submit to the National Assembly for passage 6 laws, namely:

1. The (amended) Land Law;

2. The (amended) Law on Real Estate Business;

3. The (amended) Housing Law;

4. The (amended) Law on Water Resources;

5. The (amended) Law on Telecommunications;

6. The Law on Management and Protection of National Defense Works and Military Zones.

b/ To submit to the National Assembly for discussion 2 draft laws, namely:

1. The (amended) Law on Social Insurance;

2. The (amended) Law on Archive.

Article 4. Organization of implementation

1.Agencies, organizations and individuals shall uphold their sense of responsibility, strengthen discipline and order in legislative work; ensure strict implementation of the law- and ordinance-making program (below referred to as the Program); refrain from proposing the addition of drafts to the Program near the time of a session of the National Assembly, except cases of actual necessity and urgent situation so as to immediately implement guidelines and policies of the Party and conclusions and directions of the Party’s Politburo and Secretariat; thoroughly redress the situation whereby drafts are submitted lately or fail to meet quality requirements.

2. The Government, Supreme People’s Court, Supreme People’s Procuracy, State Audit Office of Vietnam, and related agencies and organizations shall focus on directing the performance of legislative tasks assigned in the Orientative Scheme and Resolution No. 43/2022/QH15 on fiscal and monetary policies to support the Program of socio-economic recovery and development. After conducting review and study, if finding it is necessary to revise an existing law, ordinance or resolution or promulgate a new one, they shall expeditiously prepare a qualified dossier of proposal for law, ordinance or resolution formulation and submit it to the National Assembly and the National Assembly Standing Committee for consideration and inclusion in the Program, ensuring the order of priority regarding the necessity to promulgate, feasibility of the Program and harmony with workload of the National Assembly and agencies of the National Assembly; be determined to complete all legislative tasks in the Orientative Scheme on schedule and meeting quality requirements.

3. Agencies and organizations assigned to formulate proposals and take the prime charge of drafting shall conduct in a more serious and substantial manner final review of law implementation and regulatory impact assessment; thoroughly evaluate resources for implementation; collect opinions of agencies, organizations, related stakeholders to ensure the practicality and effectiveness. The drafting must be carried out with high quality requirements, closely adhering to and promptly institutionalizing the Party’s guidelines and policies, meeting requirements of the practice; regulations must be synchronous, feasible and highly normative, and fully comply with the principles of formulation and promulgation of legal documents; urgent issues that have become “mature”, clear and been proven in practice and received a high degree of consensus shall be proposed for inclusion in laws; while issues which are urgent and necessary but novel and somehow controversial may be proposed for pilot implementation.

4. The Ministry of Justice shall further promote its role of appraising, advising and assisting the Government in formulating proposals for annual law- and ordinance-making programs, strictly controlling dossiers of proposal for law, ordinance or resolution formulation to ensure the quality and completeness under regulations; continue to properly perform the task of acting as a focal agency in assisting the Government to monitor, inspect and urge the implementation of the Program and Orientative Scheme, and reporting on implementation results.

5. The Government shall further devote appropriate time to considering and discussing drafts before submitting them to the National Assembly and National Assembly Standing Committee; direct, urge and examine the implementation of the Program, the Orientative Scheme and the performance of tasks by agencies assigned to take the prime charge of drafting to ensure the quality and progress of drafts, and considering it one of the criteria for assessment of the completion of tasks of heads of agencies or units.

6. The Ethnic Council and Committees of the National Assembly shall continue to strengthen their capacity, uphold their sense of responsibilities, and promote democracy in legislative work; take initiative in coordinating from the early stage and more closely with drafting agencies and organizations and related agencies and organizations; renew the method of conducting consultation, survey and seeking opinions so as to improve  quality and criticism in verifying, revising and perfecting draft laws, ordinances and  resolutions; monitor and urge agencies and organizations to perform legislative tasks assigned in the Orientative Scheme; proactively coordinate with agencies and organizations assigned to review laws, ordinances and resolutions under their responsibility to promptly detect inadequacies or conflicts or overlapping contents, and propose for amendment and supplementation or issue new related regulations; strengthen the supervision of legal documents and the implementation of laws, ordinances and resolutions.

7. The Secretary General of the National Assembly shall promptly organize the summarization of opinions of National Assembly deputies on draft laws and resolutions at group discussions; adopt effective solutions to urge agencies to send documents to National Assembly deputies on time as prescribed by law. Draft-proposing agencies and drafting agencies shall urgently study, assimilate, give explanation about and clarify issues of National Assembly deputies’ interest in service of plenary discussion.

The Institute for Legislative Studies shall promote its role as an agency specialized in studying, providing policy advice and legislative information, effectively serving the National Assembly, National Assembly Standing Committee, Ethnic Council, Committees of the National Assembly, agencies of the National Assembly Standing Committee and National Assembly deputies; actively participate in legislative work, closely coordinate with the Ethnic Council, Committees of the National Assembly and agencies of the National Assembly Standing Committee in stages of law making.

8. National Assembly deputies’ delegations and National Assembly deputies shall devote appropriate time to studying and seeking opinions of local agencies and organizations, experts, scientists and, officials engaged in practical work, voters, and especially those directly affected by drafts; and organize discussions and give their opinions, thus contributing to improving draft laws and ordinances.

9. Agencies and organizations in charge of drafting, revising and finalizing draft laws, ordinances and resolutions shall proactively coordinate, provide information, assimilate and give their feedback on all opinions so as to promote and improve the quality of social criticism in legislative work of the Vietnam Fatherland Front; improve the quality of opinions of the Vietnam Chamber of Commerce and Industry, especially for drafts in the fields of business, investment, commerce and the law on enterprises.

10. The National Assembly Standing Committee, Government, and related agencies, organizations and individuals shall closely coordinate and effectively implement this Resolution. In the course of implementation, in order to promptly deal with practical problems, on the basis of considering proposals of the Government and related agencies and organizations, the National Assembly Standing Committee shall decide to adjust law- and ordinance-making programs in accordance with the Law on Promulgation of Legal Documents and report it to the National Assembly at the nearest session.

This Resolution was adopted on June 13, 2022, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.-

Chairman of the National Assembly

VUONG DINH HUE