Chương V Luật Ban hành Văn bản quy phạm pháp luật 1996: Văn bản quy phạm pháp luật của Chính phủ, Thủ tướng Chính phủ, các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ

Chapter V

LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES AND AGENCIES ATTACHED TO THE GOVERNMENT

Section 1. CONTENTS OF LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, THE MINISTERS, THE HEADS OF THE MINISTERIAL -LEVEL AGENCIES AND THE HEADS OF THE AGENCIES ATTACHED TO THE GOVERNMENT

Article 56.- Resolutions and decrees of the Government

1. Resolutions of the Government are issued to decide specific policies on the building and strengthening of the State administrative apparatus from the central to grassroots level, to guide and supervise the People’s Councils in the implementation of documents issued by higher-level agencies; to ensure the observance of the Constitution and law by the State agencies, social organizations, People’s Armed Forces units and citizens; to implement the policies on social affairs, nationalities and religion; to decide specific State budget and monetary policies; to develop culture, education, health, science, technology and environmental protection; to consolidate and enhance defense and security; to manage in a uniform way the State external affairs, measures to protect the citizens’ legitimate rights and interests; measures to combat bureaucratism and corruption in the State apparatus; to ratify the international agreements under the jurisdiction of the Government.

2. Decrees of the Government include:

a/ Decrees stipulating in details the implementation of the 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; defining the tasks, powers and organizational apparatus of the Ministries, the ministerial-level agencies, the agencies attached to the Government and other agencies established under the jurisdiction of the Government; the concrete measures to perform the tasks and exercise the powers of the Government;

b/ Decrees providing for issues which are extremely necessary but which have not gathered enough conditions for the elaboration of laws or ordinances to meet the requirements of the State management and social and economic management. The Standing Committee of the National Assembly shall have to approve the issuance of these decrees.

Article 57.- Decisions and directives of the Prime minister

1. Decisions are issued by the Prime Minister to decide policies and measures to direct and run the operation of the Government and the State administrative system from the central to grassroots level; to stipulate the working regime for the cabinet members, the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government and other issues under the jurisdiction of the Prime Minister.

2. The directives of the Prime Minister shall define measures to direct and coordinate the activities of the cabinet members; promote and supervise the activities of the Ministries, the ministerial-level agencies, the agencies attached to the Government, the People�s Committees of all levels in the implementation of the State policies and laws and the Government decisions.

Article 58.- Decisions, directives and circulars of the ministers, the Heads of the ministerial-level agencies and the heads of the agencies attached to the Government

1. The decisions of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government shall define the organization and operation of the agencies and establishments directly attached to them; set the criteria, procedures, regulations and economic-technical norms for the branches and fields under their charge; determine the measures to perform the function of managing the branches and fields under their charge and other issues assigned by the Government.

2. The directives of the Ministers, the heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall determine the measures to guide, urge, coordinate and supervise the operations of the agencies and establishments in the branches and fields under their charge in the implementation of the legal documents issued by higher-level State agencies and of their own.

3. Circulars are issued by the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government to guide the implementation of the provisions within the scope of the management of the branches and fields under their charge, laid down in the 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.

Section 2. DRAFTING AND ISSUING LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, THE MINISTERS, THE HEADS OF THE MINISTERIAL-LEVEL AGENCIES AND THE HEADS OF THE AGENCIES ATTACHED TO THE GOVERNMENT

Article 59.- Program on the elaboration of resolutions and decrees

In order to guarantee the enforcement of the 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 and depending on the State management requirements, the Government shall decide the quarterly, six-monthly and annual programs on the elaboration of resolutions and decrees of the Government at its own initiative and the proposals of Ministries, ministerial-level agencies, agencies attached to the Government, concerned agencies, organizations and individuals.

In case of necessity, the Government shall adjust the program on the elaboration of resolutions and decrees.

Article 60.- Setting up the Committees to draft resolutions and decrees

1. The Government shall decide the agency to assume the main responsibility for drafting a resolution or decree.

The agency assuming the main responsibility for drafting shall set up a Drafting Committee after consulting with the concerned Ministries and branches.

2. With regard to a decree defined in Point b, Item 2, Article 56 of this Law, the Government shall decide the setting up of the Drafting Committee.

Article 61.- Drafting resolutions and decrees

When drafting a resolution or decree, the Drafting Committee shall carry out the following activities:

1. To review the situation of law enforcement, to evaluate the current relevant legal documents;

2. To organize the study and drafting of the draft document;

3. To solicit comments from the concerned agencies, organizations and individuals; synthesize the comments and revise the draft document;

4. To prepare a report together with the draft document and other necessary materials and submit them to the Government.

Article 62.- Giving comments on the elaboration of draft resolutions and decrees

Depending on the nature and contents of a draft resolution or decree, the drafting agency shall send the draft document to the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Supreme People’s Court, the Supreme People’s Procuracy, the concerned agencies and organizations, the People’s Councils, the People’s Committees of the provinces and the cities directly attached to the Government (referred to as provincial level) for comments.

Article 63.- Evaluating draft resolutions and decrees

The Ministry of Justice shall evaluate the draft resolutions and decrees before they are submitted to the Government so as to ensure the constitutionality, legality, uniformity and unity of the documents in the legal system.

Not later than twenty days before the Government meets, the drafting committee must send the draft resolution or decree and the related materials to the Ministry of Justice. The Ministry of Justice shall have to prepare an evaluation report and send it to the Government not later than five days before the opening of the Government’s meeting.

Article 64.- Order for considering and adopting draft resolutions and decrees

1. Depending on the nature and contents of a draft resolution or decree, the Government may consider it at one or more than one meeting of the Government;

2. At the Government’s meeting, the representative of the drafting agency makes a presentation on the draft document; the Minister of Justice presents on the evaluation of the draft document; the representatives of the agencies and organizations invited to the meeting give their comments;

3. The cabinet members start discussions;

4. The draft resolution or decree shall be adopted by the Government when more than half of the total number of the cabinet members vote for;

5. The Prime Minister signs the resolution or decree;

6. If the draft resolution or decree is not yet adopted, the Government shall give comments on the issues to be revised and set the time limit for resubmitting the draft document.

Article 65.- Drafting and issuing decisions and directives of the Prime Minister

1. The Prime Minister shall assign and direct a committee to draft a decision or directive.

2. The agency assigned with the drafting shall have to elaborate the draft document.

3. Depending on the nature and contents of the draft decision or directive, the drafting agency shall send it to the cabinet members, the Chairmen of the People’s Councils, the Presidents of the People�s Committees at provincial level and the concerned agencies, organizations and individuals for comments.

4. The Ministry of Justice shall give their written comments on the draft decision or directive of the Prime Minister.

5. The drafting agency shall have to revise the draft document and report the comments made by the concerned agencies, organizations and individuals to the Prime Minister.

6. The Prime Minister shall consider and sign the decision or directive.

Article 66.- Drafting and issuing decisions, directives and circulars of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government

1. The drafting of a decision, directive or circular shall be assigned and directed by the concerned Minister, the Head of a ministerial-level agency or the Head of an agency attached to the Government to an attached unit.

2. The unit assigned with the drafting shall have to study and elaborate the draft document.

3. Depending on the nature and contents of the draft decision, directive or circular, it shall be sent to the concerned Ministries, ministerial-level agencies and agencies attached to the Government, provincial-level People’s Committees, agencies, organizations and individuals for comments.

4. The unit assigned with the drafting shall revise the draft document and submit it with the comments made by the concerned agencies, organizations and individuals to the Minister, the Head of the ministerial-level agency or the Head of the agency attached to the Government

5. The Minister, the Head of the ministerial-level agency or the Head of the agency attached to the Government shall consider and sign the decision, directive or circular.