Chương II Luật Ban hành Văn bản quy phạm pháp luật 1996: Cơ quan nhà nước có thẩm quyền ban hành và hình thức văn bản quy phạm pháp luật

Chapter II

STATE AGENCIES COMPETENT TO PROMULGATE LEGAL DOCUMENTS AND FORMS OF LEGAL DOCUMENTS

Article 13.- Competence of the National Assembly and the Standing Committee of the National Assembly to promulgate legal documents and the forms of such documents

1. The National Assembly is the sole agency having constitutional and legislative right

The National Assembly makes the Constitution and amends it.

The drafting, adoption, promulgation and amending of the Constitution and the procedure and order for interpreting the Constitution shall be provided for by the National Assembly.

2. In pursuance to the Constitution, the National Assembly shall promulgate laws and resolutions .

3. In pursuance to the Constitution, laws and resolutions of the National Assembly, the Standing Committee of the National Assembly shall promulgate ordinances and resolutions .

Article 14.- Competence of the State President to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the State President shall promulgate orders and decisions.

Article 15.- Competence of the Government and the Prime Minister to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the Government shall issue resolutions and decrees.

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, the Prime Minister shall issue decisions and directives.

Article 16.- Competence of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, decisions and directives of the Prime Minister, the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government shall issue decisions, directives and circulars.

Article 17.- Competence of the Supreme People’s Court and the Supreme People’s Procuracy to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the Justice Council of the Supreme People’s Court shall issue resolutions, the Director of the Supreme People’s Procuracy shall issue decisions, directives and circulars.

Article 18.- Competence to promulgate joint legal documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the resolutions and decrees of the Government, the decisions and directives of the Prime Minister, the following agencies and organizations may coordinate in issuing joint legal documents to guide the implementation of legal documents related to their functions, tasks and powers.

1. The Ministries, the ministerial-level agencies and the agencies attached to the Government;

2. The Ministries, the agencies attached to the Government and the Supreme People’s Court and/or the Supreme People’s Procuracy;

3. The Supreme People’s Court and the Supreme People’s Procuracy;

4. The competent State agencies and the socio-political organizations in cases where such organizations, as provided for by law, participate in State management.

Article 19.- Competence of the People’s Councils and the People’s Committees to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the documents of the higher-level State agencies, the People’s Councils shall issue resolutions

In pursuance to the Constitution, laws and resolutions of the National Assembly, the ordinances and resolutions of the Standing Committee of the National Assembly, the orders and decisions of the State President, the documents of the higher-level State agencies, the resolutions of the People’s Councils of the same level, the People’s Committees shall issue decisions and directive.

The competence, procedure and order for the promulgation of resolutions by the People’s Councils and of decisions and directives by the People’s Committees shall be provided for by law.