Resolution 89/2023/QH15 the 2024 Law- and Ordinance-Making Program, adjustments to the 2023 Law- and Ordinance-Making Program

RESOLUTION

On the 2024 Law- and Ordinance-Making Program and adjustments to the 2023 Law- and Ordinance-Making Program^[1]

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. 476/TTr-UBTVQH15 of May 19, 2023, on the tentative 2024 Law- and Ordinance-Making Program and adjustments to the 2023 Law- and Ordinance-Making Program, and the National Assembly Standing Committee’s Explanatory Report No. 490/BC-UBTVQH15 of May 31, 2023, on the revision of the draft Resolution on the 2024 Law- and Ordinance-Making Program and adjustments to the 2023 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 legislative program as stated in the National Assembly Standing Committee’s Report.

From the beginning of the 15^th National Assembly tenure until now, despite facing many difficulties arising from the COVID-19 pandemic and complicated and unpredictable developments in the world and region, giving rise to many new problems, the National Assembly, National Assembly Standing Committee, Government and related agencies and organizations have tried their best to overcome difficulties and challenges and seriously implement the Political Bureau’s Conclusion No. 19-KL/TW on orientations for the legislative program of the 15^th National Assembly tenure and legislative tasks according to the National Assembly Standing Committee’s Plan No. 81/KH-UBTVQH15, achieving many positive results. The legislative work has been further renewed with many practical and effective innovations, thus promoting democracy, increasing the rule of law, and upholding  responsibility and proactive spirit for proceeding with legislative work in an early and far-sighted manner; a large number of draft laws, ordinances, and resolutions have been submitted to the National Assembly and the National Assembly Standing Committee for consideration and passage, the set legislative program has been completed, adhering to progress and quality requirements. The positive results achieved in legislative work have made an important contribution to synchronously improving development institutions, strengthening the guarantee of human rights and citizen rights, and effectively serving socio-economic development, ensuring national defense, security and international integration, and continuing to build and perfect the socialist law-ruled state of Vietnam. However, there remain shortcomings and limitations in the formulation and implementation of the law- and ordinance-making programs, which need to be expeditiously addressed so as to better improve the quality of the legislative work in the upcoming time.

Article 2. Adjustments to the 2023 Law- and Ordinance-Making Program

To add to the 2023 Law- and Ordinance-Making Program:

1. The draft Law on Forces Engaged in Protection of Security and Order at the Grassroots Level, to be submitted to the National Assembly for discussion at the 5^th session (May 2023), and passage at the 6^th session (October 2023);

2. The following draft laws, to be submitted to the National Assembly for discussion at the 6^th session (October 2023):

a/ The Law on the National Defense and Security Industry and Industrial Mobilization;

b/ The Law on Road;

c/ The Law on Road Traffic Order and Safety;

d/ The (amended) Law on Capital;

dd/ The (amended) Law on Organization of the People’s Court;

e/ The Law Amending and Supplementing a Number of Articles of the Law on Property Auction;

3. The Ordinance on Litigation Expenses, to be submitted to the National Assembly Standing Committee for discussion and passage.

Article 3. The 2024 Law- and Ordinance-Making Program

1. The 7^th session (May 2024):

a/ To submit to the National Assembly for passage 9 laws and 1 resolution, including:

1. The (amended) Law on Social Insurance;

2. The (amended) Law on Archives;

3. The Law on the National Defense and Security Industry and Industrial Mobilization;

4. The Law on Road;

5. The Law on Road Traffic Order and Safety;

6. The (amended) Law on the Capital;

7. The (amended) Law on Organization of the People’s Court;

8. The Law Amending and Supplementing a Number of Articles of the Law on Guard (according to the fast-track procedures at a single session);

9. The Law Amending and Supplementing a Number of Articles of the Law on Property Auction;

10. The National Assembly’s Resolution on the 2025 Law- and Ordinance-Making Program and adjustments to the 2024 Law- and Ordinance-Making Program.

b/ To submit to the National Assembly for discussion 9 draft laws, including:

1. The (amended) Law on Notarization;

2. The (amended) Law on Trade Unions;

3. The (amended) Law on Cultural Heritages;

4. The Law on Geology and Minerals;

5. The Law on People’s Air Defense;

6. The Law on Urban Planning and Rural Planning;

7. The Law on Juvenile Justice;

8. The Law Amending and Supplementing a Number of Articles of the Pharmacy Law;

9. The Law Amending and Supplementing a Number of Articles of the Law on Standards and Technical Regulations.

2. The 8^th session (October, 2024):

a/ To submit to the National Assembly for passage 9 laws, including:

1. The (amended) Law on Notarization;

2. The (amended) Law on Trade Unions;

3. The (amended) Law on Cultural Heritages;

4. The Law on Geology and Minerals;

5. The Law on People’s Air Defense;

6. The Law on Urban Planning and Rural Planning;

7. The Law on Juvenile Justice;

8. The Law Amending and Supplementing a Number of Articles of the Pharmacy Law;

9. The Law Amending and Supplementing a Number of Articles of the Law on Standards and Technical Regulations.

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

1. The Law on Gender Reassignment;

2. The (amended) Law on Employment.

Article 4. Organization of implementation

1. The National Assembly Standing Committee, Government, agencies, organizations and individuals engaged in the legislative process shall uphold their sense of responsibility, strengthen discipline and order, ensure the 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, unless it is truly necessary and urgent for immediate implementation of guidelines and policies of the Party and conclusions and directions of the Party Central Committee’s Political Bureau and Secretariat; thoroughly redress late submission of dossiers of draft laws, resolutions and ordinances. In case of necessity, the National Assembly Standing Committee shall propose the National Assembly to consider holding additional sessions, extending the regular meeting time of the National Assembly, dividing a session into sub-sessions so as to be able to consider, discuss and pass more laws and resolutions, thus meeting practical requirements.

2. The National Assembly Standing Committee, 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 Plan No. 81/KH-UBTVQH15 and additional tasks (if any), ensuring the progress and quality thereof; for issues requiring revision of existing laws, ordinances or resolutions or promulgation of new ones, they shall expeditiously prepare dossiers of proposal for law, ordinance or resolution formulation and submit them 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.

3. Law-, resolution-, and ordinance-drafting agencies, organizations and individuals shall conduct in a more serious and substantial manner final review of law implementation and regulatory impact assessment; seek and assimilate opinions of agencies, organizations, individuals and relevant 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 reality, and fully complying with requirements in the Political Bureau’s Conclusion No. 19-KL/TW and the principles of formulation and promulgation of legal documents. It is necessary to carefully review relevant documents to detect and handle inconsistent regulations and avoid the existence of conflicts, overlaps, or loopholes that are likely to result in corruption, negatives, or inclusion of regulations for “group interests” or “local interests” in draft policies and laws.

4. The Ministry of Justice shall further promote its role in appraising and formulating the Government’s tentative law- and ordinance-making programs, advising and assisting the Government in 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-point agency in assisting the Government in monitoring, inspecting and urging the implementation of legislative tasks, and reporting on implementation results.

5. The Government shall devote appropriate time to discussing and giving opinions on drafts before submitting them to the National Assembly and National Assembly Standing Committee and to giving explanations about issues in which National Assembly’s deputies have given opinions; direct, urge and examine the performance of tasks by law-, resolution-, and ordinance-drafting agencies in order 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, organizations or units.

6. The Ethnic Council and Committees of the National Assembly shall continue to strengthen their capacity and uphold their sense of responsibility in legislative work; take the initiative in coordinating from the early stage and more closely with drafting agencies, renew the method of conducting consultation and survey, seeking and assimilating opinions, and grasp reality so as to improve quality and criticism in verifying, assimilating and revising drafts of laws, ordinances and  resolutions; urge the performance of legislative tasks in their assigned fields; proactively coordinate with relevant entities in reviewing laws, ordinances and resolutions in order to promptly propose amendment and supplementation; strengthen the oversight, promptly detect, clarify and propose for strict handling of collectives and individuals that cause loopholes, violations, corruption, and negatives, and inclusion of provisions for “group interests” or “local interests” in the process of proposing the formulation of, formulating, and promulgating policies and laws.

7. The Secretary General of the National Assembly shall promptly organize the summarization of National Assembly deputies’ opinions on draft laws and resolutions; coordinate with related entities in proposing big, important and controversial contents in drafts in order to report them to the National Assembly Standing Committee for direction or seeking opinions of National Assembly deputies; provide sufficient information and materials for National Assembly deputies to discuss and give opinions on draft laws resolutions, and ordinances.

The Institute for Legislative Studies shall promote its role as an agency specialized in policy studies providing policy advisory and legislative information; continue to actively participate in legislative work, closely coordinate with the Ethnic Council and Committees of the National Assembly in stages of the legislative process.

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, voters, and especially relevant stakeholders; and organize discussions and give their opinions, thus contributing to improving draft laws and resolutions.

9. The Vietnam Fatherland Front and socio-economic organizations shall continue to promote and improve the quality of social criticism in legislative work. The Vietnam Chamber of Commerce and Industry shall promote its role and actively give its opinions in the process of formulation and promulgation of policies and laws, especially in the fields of economics, trade, investment, production and business activities of enterprises.

10. The National Assembly Standing Committee, Government, and related agencies, organizations and individuals shall closely coordinate with one another in effectively implementing this Resolution. In the course of implementation of this Resolution, based on practical requirements and 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 thereon to the National Assembly.

This Resolution was adopted on June 2, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
VUONG DINH HUE