Chapter II
CONTENTS OF LEGAL DOCUMENTS
Article 11. Constitution, laws and resolutions of the National Assembly
1. The National Assembly shall develop and revise the countrys Constitution.
The drafting, approval, launching and revision of the Constitution as well as procedures and sequential order of steps in interpreting the Constitution shall be prescribed by the National Assembly.
2. Laws of the National Assembly shall address fundamental issues in the following fields: economics, society, national defence and security, finance, money, budget, tax, ethnicity, religion, culture, education, health, science and technology, environment, external relations, organization and functioning of the state apparatus, civil service, public officials and civil servants, rights and obligations of citizens.
3. Resolutions of the National Assembly shall reflect its decisions on the following issues: socio-economic development tasks; state budget plans and central budget allocations; state budget adjustments; approval of state budget balance sheets; working regimes of the National Assembly as well as of its Standing Committee, Ethnic Council, other Committees and Deputies; ratification of international treaties; and decisions on other issues within the authority of the National Assembly.
Article 12. Ordinances and resolutions of the Standing Committee of the National Assembly
1. Ordinances of the Standing Committee of the National Assembly shall contain regulations on issues upon instruction by the National Assembly. After a certain period of implementation, these issues shall be proposed to be developed into laws for the National Assemblys consideration and decision.
2. Resolutions of the Standing Committee of the National Assembly shall aim to interpret the Constitution, laws and ordinances; guide the operations of Peoples Councils; decide to announce war and issue national or local appeals for resource mobilization; declare national or local emergencies; and decide on other issues within the authority of the Standing Committee.
Article 13. Orders and decisions of the State President
Orders and decisions of the State President shall aim to exercise the tasks and authority of the State President defined in the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly.
Article 14. Decrees of the Government
Decrees issued by the Government shall:
1. Provide detailed guidelines on the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President;
2. Provide specific actions to implement policies in the following fields: economics, society, national defence and security, finance, money, budget, tax, ethnicity, religion, culture, education, health, science and technology, environment, external relations, organization and functioning of the state apparatus, civil service, public officials and civil servants, rights and obligations of citizens and other issues within the Governments management and administration authority;
3. Specify tasks, authority and organizational structures of Ministries and Ministry-equivalent Agencies, Government-affiliated Agencies and other agencies within the authority of the Government;
4. Identify other important issues which are not mature enough to be developed into laws or ordinances to meet governance and socio-economic management requirements. The issuance of decrees shall be subject to agreement by the Standing Committee of the National Assembly.
Article 15. Decisions of the Prime Minister
Decisions of the Prime Minister shall focus on:
1. Ways to lead, manage and administer the Governments operations and public administration system from the central to grassroots levels, working regimes of the cabinet members, Chairmen of Peoples Committees of provinces and cities under central management and other issues within the Prime Ministers authority;
2. Ways to guide and coordinate the cabinet members activities; and examine operations of Ministries and Ministry-equivalent Agencies, Government-affiliated Agencies and Peoples Committees at all levels in compliance with the States directions, policies and laws.
Article 16. Circulars of Ministers and Heads of Ministry-equivalent Agencies
Circulars of Ministers and Heads of Ministry-equivalent Agencies shall provide:
1. Detailed guidelines on the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government and decisions of the Prime Minister;
2. Regulations on technical processes and standards as well as techno-economic norms of the sector/area covered by each Ministry or Ministry-equivalent Agency;
3. Ways to exercise management of the sector/area covered by each Ministry or Ministry-equivalent Agency and other issues upon instruction by the Government.
Article 17. Resolutions of the Justices Council of the Supreme Peoples Court
Resolutions of the Justices Council of the Supreme Peoples Court shall guide courts in applying/interpreting laws in a consistent manner.
Article 18. Circulars of the Chief Justice of the Supreme Peoples Court and the President of the Supreme Peoples Procuracy
1. Circulars of the Chief Justice of the Supreme Peoples Court shall aim to exercise management of local peoples courts and military courts in terms of organizational matters; and provide regulations on other issues within the authority of the Chief Justice of the Supreme Peoples Court.
2. Circulars of the President of the Supreme Peoples Procuracy shall provide ways to ensure the fulfillment of the tasks and authority of local peoples procuracies and military procuracies and regulations on other issues within the authority the President of the Supreme Peoples Procuracy.
Article 19. Decisions of the State Auditor General
Decisions of the State Auditor General shall prescribe the States auditing standards and guide their implementation; and provide detailed auditing process/procedures and supporting documentation.
Article 20. Joint legal documents
1. Joint resolutions of the Standing Committee of the National Assembly or the Government and the central offices of socio-political organizations shall provide guidelines on how to address the issues related to the participation of those organizations in state management as stipulated by law.
2. Joint circulars of the Chief Justice of the Supreme Peoples Court and the President of the Supreme Peoples Procuracy as well as those of Ministers/Heads of Ministry-equivalent Agencies and the Chief Justice of the Supreme Peoples Court/the President of the Supreme Peoples Procuracy shall guide the consistent application/interpretation of laws in litigation activities and provide regulations on other issues related to the tasks and authority of those agencies.
3. Joint circulars of Ministers and Heads of Ministry-equivalent Agencies shall provide guidelines on the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government and decisions of the Prime Minister related to the functions, tasks and authority of each Ministry and Ministry-equivalent Agency.
Article 21. Legal documents of Peoples Councils and Peoples Committees
Legal documents of Peoples Councils and Peoples Committees shall comply with the Law on the Promulgation of Legal Documents of Peoples Councils and Peoples Committees in terms of contents, authority, formats, sequential order of steps and procedures.
Tìm kiếm
Luật ban hành văn bản quy phạm pháp luật 2008 (Bản Word)