Chapter V
PREPARATION AND ISSUANCE OF LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, MINISTERS, HEADS OF MINISTRY-EQUIVALENT AGENCIES
Article 59. Formulation of the agenda for the development of decrees
1. The Office of the Government shall take the lead responsibility and coordinate with the Ministry of Justice and agencies concerned to formulate the Governments tentative annual agenda for the development of decrees based on requests of Ministries, Ministry-equivalent Agencies, Government-affiliated Agencies, agencies, organizations and individuals.
Requests for the development of decrees shall have to highlight the need/ necessity, main contents and policies, and reports on assessment of preliminary impacts of the legal regulatory documents to be issued.
2. In cases of need, the Office of the Government shall take the lead responsibility and coordinate with the Ministry of Justice to organize meetings with participation of representatives of agencies and organizations concerned to consider requests for the development of decrees of the Government.
Agencies and organizations that submit their requests for the development of decrees shall nominate their representatives to make presentations on issues and problems related to their requests.
3. The Office of the Government shall formulate the Governments tentative agenda for the development of decrees and send it to Ministries, Ministry-equivalent agencies and Government-affiliated agencies for comments and inputs of ideas and at the same time post it on the website of the Office of the Government for agencies, organizations and individuals to give their comments.
4. The Government shall endorse its tentative annual agenda for the development of decrees. The Prime Minister shall nominate Ministries, Ministry-equivalent agencies and Government-affiliated agencies to take the lead responsibility for development of draft decrees.
Article 60. The Decree Drafting Board
1. The lead drafting agency shall create a Decree Drafting Board. A Decree Drafting Board shall consist of a Chairperson who represents the lead drafting agency, and other members who are representatives of the lead assessing agency, agencies and organizations concerned, experts and scientists.
The Decree Drafting Board shall be responsible to the lead drafting agency for the quality and the progress of the development of draft decrees.
The Chairperson of the decree drafting board shall create an Editorial Team to support the Decree Drafting Board and to perform tasks assigned by the Decree Drafting Board.
2. The Decree Drafting Board has the following responsibilities:
a) Considering and finalizing the outlines of draft decrees;
b) Discussing main issues and contents of draft decrees, issues that are subject to different opinions of Ministries, Ministry-equivalent agencies, Government-affiliated agencies;
c) Discussing those contents that need to be adopted, revised and improved according to the points of view of the lead assessing agency, and comments and ideas of agencies, organizations and individuals;
d) Making sure that the rulings of draft documents are consistent with the guidelines and policies of the Party, the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; ensuring unity and conformity of the draft documents with the system of laws; and ensuring feasibility of the documents.
3. Based on the outputs of discussions of the Decree Drafting Board, the Chairperson shall direct the Editorial Team to prepare, to revise and to improve draft decrees.
Article 61. Responsibilities of the lead drafting agency for drafting a decree
1. The lead drafting agency for drafting a decree shall be accountable to the Government for the content and quality of the draft decree and the progress of drafting the decree.
2. The lead drafting agency for drafting a decree has the following responsibilities:
a) Undertaking synthesis reviews of the enforcement of laws, assessments of current legal regulatory documents related to the draft decree in question; conducting surveys and evaluations of the current status of the social relationships related to the main contents of the draft decree.
b) Organizing studies and researches of information, documentations and those international treaties of which Vietnam is one of the signatories that are related to the draft decree.
c) Organizing consultations, studies, adoptions, revisions and improvements for the draft decree; preparing submissions and reports on explanations for adoption of comments on the draft decree, reports on assessment of impacts of the draft decree, and posting those documents on the website of the Government or that of the lead drafting agency.
d) Ensuring necessary conditions for the operation of the Decree Drafting Board and the Editorial Team.
Article 62. Collection of comments and ideas as inputs for the preparation of the draft decree
1. In the course of developing draft decrees, the lead drafting agency shall have to organize for the collection of comments and ideas from ministries, Ministry-equivalent agencies, Government-affiliated agencies, and target groups that are directly affected by the document in question. Issues and problems that are open for comments and suggestions, and the addresses to which comments are sent should be highlighted. The full text of the draft decree should be posted on the website of the Government or that of the lead drafting agency at least for 60 days for agencies, organizations and individuals to submit their comments and ideas.
2. Collection of comments and ideas as inputs for the development of the draft decree can be undertaken in the form of direct comments and suggestions, circulation of the draft decree for comments and suggestions, organizing consultation workshops, making use of websites of the Government and the lead drafting agency or mass media.
3. The lead drafting agency shall be responsible for synthesis, studies and researches, and adoption of comments and suggestions.
Article 63. Assessment and verification of draft decrees
1. The Ministry of Justice shall be responsible for assessing and verifying draft decrees before they are submitted to the prime Minister.
Regarding those draft decrees that have complicated contents, related to many sectors and fields, or being prepared by the Ministry of Justice as the lead drafting agency, the Minister of Justice shall create an Assessors Council which consists of representatives of stakeholders, experts and scientists.
2. The complete set of documents to be submitted for assessment and verification include the following:
The submission to the Government on the draft decree;
The draft decree;
c) An account of detailed explanations and a report on assessment of impacts exerted by the draft decree;
d) A synthesis report on comments and suggestions from agencies, organizations, individuals and target groups directly affected by the draft decree; a photocopy of the account of comments and suggestions of Ministries, Ministry-equivalent agencies and Government-affiliated agencies; a report on adoption of comments and suggestions.
Other documents (if any).
3. The contents for the assessment and verification of the draft decree are stipulated at Clause 3 Article 36 of this Law.
4. In cases of need, assessing agencies may request the lead drafting agency to report on issues and problems covered by the draft decree, and assessing agencies themselves or together with the lead drafting agency may organize field surveys into issues and problems covered by the draft decree. The lead drafting agency shall be responsible for providing necessary information and documents to serve the assessment and verification of the draft decree.
5. Reports on assessment and verification of the draft decree shall be sent to the lead drafting agency no later than 15 days since the date on which the assessing agency received the complete sets of documents for assessment and verification.
6. The lead drafting agency shall be responsible for taking into consideration comments and suggestions of the assessing agency for the improvement of the draft decree to be submitted to the Prime Minister.
Article 64. The complete set of the draft decree and supporting documents to be submitted to the Prime Minister
This includes the following:
1. The submission to the Government on the draft decree.
2. The draft decree after being revised and improved with adoption of comments and suggestions of the assessing agency, other agencies, organizations and individuals.
3. An account of adoption of comments and suggestions of the assessing agency and of other agencies, organizations and individuals.
4. An account of detailed explanations and a report on assessment of impacts exerted by the draft decree.
5. A synthesis report on comments and suggestions from agencies, organizations, individuals.
Other documents (if any).
Article 65. Improvement and finalization of draft decrees before submitting them to the Government
In cases where different opinions and ideas remain amongst Ministries, Ministry-equivalent agencies and Government-affiliated agencies regarding major issues and problems covered by the draft decree, the Minister Chairman of the Office of the Government shall convene a meeting of representatives of the leadership of the lead drafting agency, the Ministry of Justice, the leadership of Ministries, Ministry-equivalent agencies and Government-affiliated agencies concerned to settle those differences before submitting them to the Government for consideration and decision. Based on the outputs of this meeting, the lead drafting agency in conjunction with agencies concerned shall continue to improve and finalize the draft decree to be submitted to the Government.
Article 66. Sequential procedures for consideration and approval of draft decrees
Depending on the nature and the content of the draft decree in question, the Government may consider and approve it at one or two of its meetings in the following sequential procedures:
1. Representatives of the lead drafting agency shall make presentations of the draft decree;
2. Representatives of the Office of the Government shall bring forward those issues and problems that need discussions;
3. Representatives of agencies and organizations attending the meeting to express their opinions and viewpoints;
4. The Government shall discuss.
The lead drafting agency shall coordinate with the Ministry of Justice, the Office of the Government and other agencies concerned to revise and improve the draft decree taking into consideration comments and ideas of the Government.
5. The Government shall approve the draft decree by majority voting.
In the case where the draft decree is not approved, the Prime Minister shall direct and guide those issues and problems that need revision and improvement and set the deadlines for re-submitting the draft decree, and at the same time assign the lead drafting agency to the job of perfecting the draft decree to be submitted to the Government for consideration and approval.
6. The Prime Minister shall sign decrees.
Article 67. Preparation and issuance of decisions of the Prime Minister
1. Ministries, Ministry-equivalent agencies, Government-affiliated agencies shall be responsible for preparing draft decisions of the Prime Minister as assigned by the Prime Minister.
2. The lead drafting agency shall be responsible for posting the full text of the draft decision of the Prime Minister on the website of the Government or that of the lead drafting agency for at least 60 days for agencies, organizations and individuals to submit their comments and suggestions.
Depending on the nature and the contents of the draft decision in question, the lead drafting agency shall send the draft decision to Ministries, Ministry-equivalent agencies, Government-affiliated agencies concerned to collect their comments and suggestions.
3. The Ministry of Justice shall be responsible for assessing and verifying the draft decision of the Prime Minister. The contents of assessment and verification is stipulated at Clause 3 Article 36 of this Law. The report on assessment and verification of the draft decision shall be sent to the lead drafting agency no later than 10 days since the date on which the complete set of the draft decision and supporting documents were fully received.
4. The lead drafting agency shall be responsible for taking into consideration comments and suggestions of the assessing agency, other agencies, organizations and individuals for revision and improvement of the draft decision and report to the Prime Minister.
5. The Prime Minister shall consider and sign to issue the decision.
Article 68. Preparation and issuance of circulars of Ministers, Heads of Ministry-equivalent agencies
1. The job of preparing draft circulars shall be assigned by Ministers and Heads of Ministry-equivalent agencies; and units under the Ministry, the Ministry-equivalent agency shall be engaged to do the job under the direction of Ministers and Heads of Ministry-equivalent agencies.
2. The draft circular shall be posted on the website of the issuing agency for at least 60 days for agencies, organizations and individuals to submit their comments and suggestions.
Depending on the nature and the content of the draft circular in question, it shall be sent to Ministries, Ministry-equivalent agencies, Government-affiliated agencies concerned to collect their comments and suggestions.
3. The departments of legal affairs of Ministries and the Ministry-equivalent agencies shall be responsible for assessing and verifying the draft circulars according to what is stipulated in Clause 3 Article 36 of this Law.
4. The units assigned with the job of preparing the draft circulars shall take the lead responsibility and coordinate with units concerned to consider and to adopt comments and suggestions of the assessing units, agencies, organizations and individuals for the revision and improvement of the draft circulars, and report to the Ministers and Heads of Ministry-equivalent agencies.
5. Ministers, Heads of Ministry-equivalents agencies shall consider, sign and issue circulars.
Tìm kiếm
Luật ban hành văn bản quy phạm pháp luật 2008 (Bản Word)