Chương III Luật Ban hành Văn bản quy phạm pháp luật 1996: Văn bản quy phạm pháp luật của Quốc Hội, Uỷ ban Thường vụ Quốc Hội

Chapter III

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

Section 1. CONTENTS OF THE LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 20.- Laws and resolutions of the National Assembly

1. Laws shall provide for the fundamental and important matters pertaining to external and internal relations, the country’s socio-economic, defense and security tasks, the major principles on the organization and operation of the State apparatus, on social relations and the activities of citizens.

2. Resolutions are issued by the National Assembly to decide the socio-economic development plans, national fiscal and monetary policies, policies on nationalities, religion, external relations, defense, security, State budget estimates and allocations, adjustment of the State budget, approve the final State budget statement, ratify international agreements, decide the working regime of the National Assembly, the Standing Committee of the National Assembly, the Council on Nationalities, the Commissions of the National Assembly, the National Assembly deputies; and decide other issues under the jurisdiction of the National Assembly.

Article 21.- Ordinances and resolutions of the Standing Committee of the National Assembly

1. The ordinances shall provide for the matters assigned by the National Assembly, which shall be submitted, after being implemented for a period of time, to the National Assembly for consideration and decision to be passed into laws.

2. Resolutions are issued by Standing Committee of the National Assembly to interpret the Constitution, laws and ordinances, to supervise the observance of the Constitution and the legal documents of the National Assembly and the Standing Committee of the National Assembly, to supervise the work of the Government, the Supreme People’s Court and the Supreme People’s Procuracy, to supervise and guide the work of the People’s Councils, declare the state of war, the national or regional mobilization, declare the state of emergency on a general or limited scale and decide other issues under the jurisdiction of the Standing Committee of the National Assembly.

Section 2. PROGRAM ON THE ELABORATION OF LAWS AND ORDINANCES

Article 22.- Working out and adopting the program

1. The law and ordinance-elaborating 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 managerial requirements in each period while ensuring the citizens’ rights and obligations.

2. The agencies, organizations or National Assembly deputies having the right to submit bills as stipulated in Article 87 of the 1992 Constitution shall send the proposal to draft a law(s) or ordinance(s) to the Standing Committee of the National Assembly and concurrently to the Government, which must clearly state the necessity to promulgate the document(s), define the objects and scope of regulation, the necessary conditions for the drafting of the document(s); recommendations on a law(s) or ordinance(s) of a National Assembly deputy shall also be sent to the Standing Committee of the National Assembly and the Government.

The Government shall work out a tentative program on the elaboration of laws and ordinances regarding the issues under the scope of its functions, tasks and powers, submit it to the Standing Committee of the National Assembly, and give comments on the proposals to elaborate laws and ordinances of other agencies, organizations and the National Assembly deputies, as well as the recommendations of the National Assembly deputies on laws and ordinances.

3. The Law Commission of the National Assembly shall assume the main responsibility for and coordinate with the Council on Nationalities and other Commissions of the National Assembly in examining the Government’s tentative program on the elaboration of laws and ordinances, the proposals on the elaboration of laws and ordinances of other agencies, organizations and the National Assembly deputies, recommendations of the National Assembly deputies on laws and ordinances.

4. Basing itself on the Government’s tentative program on the elaboration of laws and ordinances, the proposals of other agencies, organizations and the National Assembly deputies on the elaboration of laws and ordinances, the recommendations of the National Assembly deputies on laws and ordinances, and the evaluation opinions of the Law Commission, the Standing Committee of the National Assembly shall draft the program on the elaboration of laws and ordinances and submit it to the National Assembly for decision.

5. The program on the elaboration of laws and ordinances shall consist of the program on the elaboration of laws and ordinances for each term of the National Assembly and the annual programs on the elaboration of laws and ordinances.

6. In the first year of each term, the National Assembly shall decide a program on the elaboration of laws and ordinances for the whole term, decide the annual program on the elaboration of laws and ordinances at the year-end session of the preceding year.

Article 23.- Adjusting the program

When deeming it necessary, the National Assembly shall decide to adjust the program on the elaboration of laws and ordinances.

When an agency, organization or National Assembly deputy files a motion to adjust the program on the elaboration of laws and ordinances, it must make a report stating clearly the reason for the adjustment.

The procedure and order for the adjustment of the program on the elaboration of laws and ordinances shall be implemented in accordance with Article 22 of this Law.

Article 24.- Guaranteeing the execution of the program

The Standing Committee of the National Assembly shall guide the execution of the program on the elaboration of laws and ordinances.

The agency, organization or National Assembly deputy proposing a bill or draft ordinance already decided in the program on the elaboration of laws and ordinances shall have to organize the drafting, ensure the quality and the time limit for the submission of the draft document.

Section 3. DRAFTING OF LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 25.- Setting up the Drafting Committee

1. The agency or organization submitting a bill or draft ordinance shall set up a Drafting Committee. If the bill or draft ordinance relates to various branches and fields, the Standing Committee of the National Assembly shall set up a Drafting Committee composed of competent representatives from the concerned agencies and organizations.

With regard to a bill submitted by the Standing Committee of the National Assembly, it shall set up a Drafting Committee. With regard to a bill or draft ordinance submitted by the Council on Nationalities, a Commission of the National Assembly or a National Assembly deputy or the Standing Committee of the National Assembly shall set up a Drafting Committee at the proposal of the agency or the National Assembly deputy submitting the draft document.

2. The Drafting Committee shall undertake the drafting of a law or ordinance.

The Drafting Committee shall be accountable to the agency, organization or National Assembly deputy submitting the bill for the drafting tempo and quality of the draft document.

3. The concerned agencies and organizations participating in the Drafting Committee shall have to give written comments on the contents related to their specialties and shall take responsibility for their comments.

Article 26.- Drafting laws and ordinances

When drafting a bill or draft ordinance, the Drafting Committee shall carry out the following activities:

1. Reviewing the situation of law enforcement, evaluating the current legal documents related to the draft document; conducting a survey to assess the actual situation of the social relations related to its main contents;

2. Organizing the study of information and documents related to the draft document;

3. Outlining, compiling and revising the draft document.

4. Gathering comments from the concerned agencies, organizations and individuals in the forms appropriate to the characteristics of each draft document;

5. Preparing the report on and other documents related to the draft document. The report must state clearly the necessity of the promulgation, objectives, requirements, scope, objects and main contents of the draft document, the matters that require guiding opinions and the matters where opinions still differ;

6. Coordinating with the concerned agencies, organizations and individuals in preparing the drafting of detailed documents and guiding the implementation of the draft document;

7. When drafting a law or ordinance, the international agreements, which the Socialist Republic of Vietnam has signed or acceded to, must be taken into account.

Article 27.- Structure of laws and ordinances

1. A law or ordinance must have a name and the legal bases for its promulgation. Depending on its contents, the law or ordinance may comprise a preamble, and be structured into parts, chapters, sections, articles, items and points; each part, chapter or section must have a title.

2. A law or ordinance promulgated must identify the documents, articles and items of the documents to be annulled.

Article 28.-

1. The agency or organization submitting a bill or draft ordinance shall have the following tasks and powers:

a/ To direct the Drafting Committee and regularly give comments on the drafting;

b/ To request the concerned agencies, organizations and individuals to supply materials and information related to the draft document;

c/ To invite specialists to take part in the drafting;

d/ To consider and decide the submission of the bill to the National Assembly, and of the draft ordinance to the Standing Committee of the National Assembly. If the agency or organization fails to submit the bill or draft ordinance on schedule, it must report in time to the Standing Committee of the National Assembly and clearly state the reason;

2. The National Assembly deputy submitting the bill or draft ordinance shall have the tasks and powers defined in Points a, b and d, Item 1 of this Article. The Office of the National Assembly must ensure the necessary conditions for the Drafting Committee of the bill or draft ordinance submitted by the National Assembly deputy.

Article 29.- Responsibilities of the Government for the bills and ordinances

1. The Government shall have to collectively consider and discuss the bills and ordinances submitted by the Government, decide by majority vote the submission of a bill to the National Assembly or a draft ordinance to the Standing Committee of the National Assembly. With regard to the bills and ordinances submitted by the other agencies, organizations and the National Assembly deputies, the Government shall have to give its written comments.

2. The Ministries, the ministerial-level agencies, the agencies attached to the Government shall have to give written comments on the bills and draft ordinances which directly relate to their managerial functions and tasks.

3. The Ministry of Justice shall have to evaluate the bills and draft ordinances for the Government to consider them before deciding to submit them to the National Assembly and/or the Standing Committee of the National Assembly or gives its comments on the draft documents submitted by the other agencies, organizations and the National Assembly deputies to the National Assembly or the Standing Committee of the National Assembly, .

Article 30.- The Vietnam Fatherland Front and its member organizations shall make comments on the bills and draft ordinances

The Vietnam Fatherland Front and its member organizations shall have the right to make comments on the bills or draft ordinances.

With regard to the bills and draft ordinances related to the functions, tasks and powers of the Vietnam Fatherland Front and its member organization, the provisions on the basic rights and obligations of citizens and on the organizations of the State apparatus, the drafting agency shall have to send the drafts to the Vietnam Fatherland Front and its member organizations for comments.

Article 31.- Drafting resolutions of the National Assembly and resolutions of the Standing Committee of the National Assembly

The resolutions of the National Assembly or resolutions of the Standing Committee shall be drafted, by assignment of the National Assembly, the Standing Committee of the National Assembly, the Council on Nationalities, a Commission of the National Assembly, the Government, the Supreme People’s Court, the Supreme People’s Procuracy or another concerned agency or organization. The draft resolution shall be sent to the concerned agencies, organizations and individuals for comments.

Section 4. EVALUATION OF BILLS AND DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY, DRAFT ORDINANCES AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 32.- Evaluation by the Council on Nationalities and the Commissions of the National Assembly

1. Before being submitted to the National Assembly or the Standing Committee of the National Assembly, the bills and draft resolutions of the National Assembly, a draft ordinance or resolution of the Standing Committee of the National Assembly must be evaluated by the Council on Nationalities and the concerned Commissions of the National Assembly (referred to as the evaluating agencies).

When the Standing Committee of the National Assembly submits a bill, the National Assembly shall decide the evaluating agency or set up a Provisional Committee to evaluate such bill; with regard to bills, draft ordinances and resolutions submitted by the Council on Ethnicities or a Commission of the National Assembly, the Standing Committee of the National Assembly shall decide the evaluating agency.

2. The evaluating agency shall be entitled to request the drafting agency to report on the issues related to the contents of the draft document; conduct either on its own or together with the drafting agency field surveys of the issues related to the content of the bills, draft ordinances or resolutions. All agencies, organizations and individuals shall, at the request of the evaluating agency, have to provide information and materials in service of the evaluation of the bills, ordinances or resolutions.

3. With regard to the bills, ordinances or resolutions evaluated by the Council on Nationalities, or by another Commission of the National Assembly, the Law Commission of the National Assembly shall take part in the evaluation to ensure the constitutionality, legality and uniformity of the legal system.

Article 33.- Time limit for sending bills, draft ordinances and resolutions for evaluation

Not later than 30 days before the opening of a National Assembly session or not later than 20 days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy that submits a draft document must send a report together with the bill, ordinance or resolution to the evaluating agency for evaluation.

Article 34.- Scope of evaluation

The evaluating agency shall evaluate all the aspects of the bill, ordinance or resolution. However, it shall focus on the following major issues:

1. The necessity of the promulgation of the bill, ordinance or resolution; objects and scope of regulation;

2. The conformity of the draft document with the Party�s lines and policies; the document�s constitutionality, legality and uniformity with the legal system;

3. The observance of the drafting procedure and order;

4. The feasibility of the draft document.

Article 35.- Mode of evaluation

A bill, ordinance or resolution may be evaluated once or more than once.

With regard to the bills, ordinances or resolutions submitted to the Standing Committee of the National Assembly for comments, it must be preliminarily evaluated by the evaluating agency.

With regard to the bills or draft ordinances submitted to the National Assembly, and the draft ordinances or resolutions submitted to the Standing Committee of the National Assembly for consideration and adoption, they must be officially evaluated by the evaluating agency.

When conducting an official evaluation, the evaluating agency must convene plenary sessions.

In cases where the evaluation of a bill, ordinance or resolution is assigned to more than one agency, the agency with the main responsibility for the evaluation shall have to convene joint meetings for the evaluation.

The evaluation report must reflect all the opinions made by the members of the evaluating agency.

Section 5. THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CONSIDERS AND GIVES COMMENTS ON BILLS AND DRAFT RESOLUTIONS

Article 36.- Time limit for sending bills and resolutions to the Standing Committee of the National Assembly for consideration and comments

Not later than twenty days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting the bill or draft resolution must send a report together with the draft document and the related materials to the evaluating agency for preliminary evaluation.

Not later than seven days before the opening of a meeting of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting the bill or draft resolution must send a report together with the draft document and the related materials; the evaluating agency must send a report on the evaluation of that bill or draft resolution to the Standing Committee of the National Assembly.

Article 37.- Order of considering and giving comments on bills and resolutions

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

2. The Standing Committee of the National Assembly shall consider and give comments on a bill or draft resolution in the following order:

a/ The representative of the agency, organization or National Assembly deputy submitting the bill or draft resolution makes a presentation on the draft document and the issues related to the contents of the draft document to be commented on;

b/ The representatives of the evaluating agency presents the evaluation report;

c/ The representatives of the invited agencies, organizations and individuals give their comments;

d/ The members of the Standing Committee of the National Assembly start discussion;

e/ The chairman of the meeting makes the concluding remarks.

Article 38.- Accepting comments of the Standing Committee of the National Assembly and revising bills and resolutions

On the basis of the comments of the Standing Committee of the National Assembly, the agency, organization or National Assembly deputy submitting the bill or draft resolution shall have to study and accept the comments and organize the revision of the draft document.

If the agency, organization or National deputy submitting the bill or draft ordinance has any opinions which differ from the comments of the Standing Committee of the National Assembly, such opinions should be reported to the National Assembly for consideration and decision.

Section 6. SOLICITING PUBLIC COMMENTS ON BILLS AND DRAFT ORDINANCES

Article 39.- Deciding the solicitation of public comments on bills and ordinances

1. Depending on the nature and content of a bill or draft ordinance, the National Assembly or the Standing Committee of the National Assembly shall decide to solicit public comments on the bill or draft ordinance.

2. The contents, scope, mode and time of soliciting public comments on the bill or draft ordinance shall be decided by the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly shall direct the solicitation and acceptance of public comments for revising the draft document.

Article 40.- Making comments on bills and ordinances

1. Citizens shall give their comments on bills and/or draft ordinances through their agencies and organizations, either directly or by mail to the Office of the National Assembly, the drafting agency or organization, or through the mass media.

2. The Vietnam Fatherland Front and its member organizations, State agencies, social and economic organizations and People’s Armed Forces units shall have to organize and create conditions for citizens of their organizations, agencies and units to give their comments on the bills or draft ordinances.

Article 41.- Gathering and accepting public comments, revising bills and draft ordinances

Public comments on bills and/or draft ordinances must be gathered, studied and accepted to revise the draft document.

The Office of the National Assembly shall have to gather fully the public comments.

The agency, organization or National Assembly deputy submitting the darft document shall coordinate with the evaluating agency in studying and accepting the public comments, revising the draft document and making a report to the Standing Committee of the National Assembly.

Section 7. SOLICITING COMMENTS FROM NATIONAL ASSEMBLY DEPUTIES AND DELEGATIONS OF NATIONAL ASSEMBLY DEPUTIES ON BILLS AND DRAFT ORDINANCES

Article 42.- National Assembly deputies and Delegations of National Assembly deputies give their comments on the bills

During the drafting process, a bill shall be sent to the National Assembly deputies for comments if it is so agreed by the Standing Committee of the National Assembly.

Not later than twenty days before the opening of a National Assembly session, the bill must be sent to the National Assembly deputies.

The Delegations of National Assembly deputies shall have to hold discussions on the bill in their respective localities and send the minutes of the discussions to the Office of the National Assembly not later than seven days before the opening of a session.

Article 43.- National Assembly deputies, delegations of National Assembly deputies give comments on draft ordinances

When deeming it necessary, the Standing Committee of the National Assembly shall send a draft ordinance to the National Assembly deputies and the Delegations of National Assembly deputies not later than seven days before the opening of a meeting of the Standing Committee of the National Assembly.

The Delegations of National Assembly deputies shall hold discussions on the draft ordinance in their respective localities and send the minutes on the discussions not later than seven days before the opening of a meeting of the Standing Committee of the National Assembly.

Article 44.- Accepting comments of National Assembly deputies and Delegations of National Assembly deputies and revising the draft document

The Office of the National Assembly shall have to gather comments of the National Assembly deputies and the Delegations of National Assembly deputies on a bill or draft ordinance. The agency, organization or individual submitting the draft document shall coordinate with the evaluating agency in studying and accepting comments of the National Assembly deputies and the Delegations of National Assembly deputies for revising the draft document.

Section 8. ADOPTING BILLS AND RESOLUTIONS BY THE NATIONAL ASSEMBLY, DRAFT ORDINANCES AND RESOLUTIONS BY THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 45.- Order for considering and adopting bills

1. Depending on the nature and content of a bill, the National Assembly may consider the bill at one or more than one session of the National Assembly. If the bill is considered at more than one session of the National Assembly, at the first session, the National Assembly shall discuss and give comments on the objects and scope of regulation, the basic contents and the issues on which opinions differ. The agency, organization or National Assembly deputy submitting the bill shall have to accept the comments and revise the draft document accordingly.

2. The National Assembly shall consider and adopt the bill in the following order:

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

b/ The representative of the evaluating agency presents the evaluation report;

c/ The National Assembly discusses the bill at plenary meetings. Discussions may be conducted on each issue, each chapter or the whole of the draft document. Before it is submitted to plenary discussions, the bill shall be discussed by the Delegations and Groups of National Assembly deputies;

During the course of deliberation, the agency, organization or National Assembly deputy submitting the draft document may make a complementary reports on the issues related to the draft document;

d/ The secretariat of the session shall coordinate with the evaluating agency and the drafting agency in accepting the comments of the National Assembly deputies, planning the revision of the draft document and reporting it to the Drafting Committee of the National Assembly before submitting it to the National Assembly for decision.

With regard to bills involving many complicated matters were opinions still differ, the National Assembly may set up a work team consisting of representatives from the evaluating agency, the drafting agency, a number of National Assembly deputies and a number of specialists to revise the bill;

e/ The National Assembly shall adopt the bill by voting article by article, chapter by chapter and listening to its full text before voting, or listening to the full text of the document and then voting it at one time.

The bill shall be adopted when more than half of the total number of the National Assembly deputies vote for.

3. The Chairman of the National Assembly signs to certify the law.

4. If the bill is not yet adopted, the National Assembly gives comments on the issues to be further revised and assign the agency, organization or National Assembly deputy submitting the draft document to coordinate with the evaluating agency in revising it in a time limit decided by the National Assembly.

Article 46.- Order for considering and adopting draft resolutions of the National Assembly

1. Depending on the nature and contents of a draft resolution, the National Assembly may consider the draft document at one or more than one session.

2. The National Assembly shall consider and adopt a draft resolution in the following order:

a/ The representative of the agency or organization assigned to prepare the draft resolution makes a presentation and read the full text of the draft document;

b/ The representative of the evaluating agency presents the evaluation report;

c/ The National Assembly start discussions;

d/ The National Assembly adopts the draft resolution by voting issue by issue then the whole of the draft document or voting the whole of the draft document at one time.

A draft resolution shall be adopted when more than half of the total number of the National Assembly deputies vote for it, except in cases defined in Article 88 of the 1992 Constitution.

3. The Chairman of the National Assembly signs to certify the Resolution of the National Assembly.

Article 47.- Order for considering and adopting draft ordinances

1. Depending on the nature and contents of a draft ordinance, the Standing Committee of the National Assembly may consider the draft document at one or more than one meeting.

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

a/ The representative of the agency, organization or National Assembly deputy submitting the draft document makes a presentation and reads the full text of the draft document;

b/ The representative of the evaluating agency presents the evaluation report;

c/ The representatives of the agencies, organizations and individuals invited to the meeting give their comments;

d/ The members of the Standing Committee of the National Assembly start discussions;

e/ The chairman of the meeting makes the concluding remarks;

f/ The Standing Committee of the National Assembly votes.

The draft ordinance shall be adopted when more than half of the total number of the total members of the Standing Committee of the National Assembly deputies vote for.

3. The Chairman of the National Assembly signs the ordinance.

4. If the draft ordinance is not yet adopted then the Standing Committee of the National Assembly shall give comments on the issues to be further revised and assign the agency, organization or National Assembly deputy submitting the draft document to coordinate with the evaluating agency in making the revision within the time limit decided by the Standing Committee of the National Assembly.

Article 48.- Order for considering and adopting draft resolutions of the Standing Committee of the National Assembly

1. Depending on the nature and contents of a draft resolution, the Standing Committee of the National Assembly may consider the draft document at one or more than one meeting.

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

a/ The representative of the agency or organization assigned to prepare the draft resolution makes a presentation and reads the full text of the draft document;

b/ The representative of the evaluating agency presents the evaluation report;

c/ The representatives of the agencies, organizations and individuals invited to the meeting give their comments;

d/ The members of the Standing Committee of the National Assembly start discussions;

e/ The chairman of the meeting makes the concluding remarks;

f/ The Standing Committee of the National Assembly votes.

The draft resolution shall be adopted when more than half of the total number of the members of the Standing Committee of the National Assembly deputies vote for.

3. The Chairman of the National Assembly signs the resolution of the Standing Committee of the National Assembly.

Article 49.- Revising ordinances and resolutions of the Standing Committee of the National Assembly

If the State President requests the Standing Committee of the National Assembly to revise an ordinance or resolution already adopted by the Standing Committee of the National Assembly as prescribed in Item 7, Article 103 of the 1992 Constitution, the Standing Committee of the National Assembly shall reconsider the issues raised by the State President. If such ordinance or resolution is still voted for the Standing Committee of the National Assembly and the State President still disagrees, the State President shall submit the matter to the National Assembly for decision at the next session.

Section 9. PROMULGATING LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 50.- Promulgating laws and resolutions of the National Assembly

The State President shall issue an order to promulgate a law(s) or resolution(s) of the National Assembly, if the promulgation of such resolution(s) is under the jurisdiction of the State President, not later than fifteen days from the date on which the law or resolution is passed.

Article 51.- Promulgating ordinances and resolutions of the Standing Committee of the National Assembly

1. The State President shall issue an order to promulgate an ordinance(s) or a resolution(s) of the Standing Committee of the National Assembly, if the promulgation of such resolution(s) is under the jurisdiction of the State President, not later than fifteen days from the date on which the ordinance or resolution is passed.

2. With regard to an ordinance or resolution which has been already approved by the Standing Committee of the National Assembly but requested by the State President to be revised or submitted to the National Assembly for decision, the time limit for its promulgation shall not be later than ten days from the date of promulgation by the Standing Committee after the revision or from the date of decision by the National Assembly.

Section 10. INTERPRETATION OF LAWS AND ORDINANCES

Article 52.- Competence to interpret laws and ordinances

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

The agencies and organizations defined in Article 87 of the 1992 Constitution and the National Assembly deputies have the right to request the Standing Committee of the National Assembly to interpret laws and ordinances. The Standing Committee of the National Assembly shall consider and decide the interpretation.

Article 53.- Drafting and adopting resolutions to interpret laws and ordinances

1. Depending on the nature and contents of the issues to be interpreted, the Standing Committee of the National Assembly shall assign the Government, the Supreme People’s Court, the Supreme People’s Procuracy, the Council on Nationalities or a Commission of the National Assembly to draft a resolution to interpret a law(s) or ordinance(s) and submit it to the Standing Committee of the National Assembly.

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

a/ The representative of the concerned agency, organization or National Assembly deputy(ies) requesting the interpretation invited to the meeting presents their opinions;

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

c/ The representative of the evaluating agency presents an evaluation report on the conformity of the draft resolution of interpretation with the spirit and contents of the interpreted document;

d/ The representative of the agency, organization or individual invited to the meeting give their comments;

e/ The members of the Standing Committee of the National Assembly start discussions;

f/ The chairman of the meeting makes the concluding remarks;

g/ The Standing Committee of the National Assembly votes.

The draft resolution of interpretation shall be adopted when more than half of the total number of the members of the Standing Committee of the National Assembly vote for.

3. The Chairman of the National Assembly signs the resolution on the interpretation of the law or ordinance.

4. The resolution on the interpretation of the law or resolution shall be published in the Official Gazette and made public over the mass media.