Chương II Luật ban hành văn bản quy phạm pháp luật 2015: Thẩm quyền ban hành, nội dung văn bản quy phạm pháp luật

Chapter II

THE POWER TO PROMULGATE LEGISLATIVE DOCUMENTS, CONTENTS OF LEGISLATIVE DOCUMENTS

Article 15. Laws, resolutions of the National Assembly

1. The National Assembly shall promulgate laws to prescribe:

a) Organizational structure and operation the National Assembly, the President, the Government, People’s Courts, the People’s Procuracies, National Election Council, State Audit Office of Vietnam, local governments, administrative - economic units, and other agencies established by the National Assembly;

b) Human rights, basic rights and obligations of citizens that must be prescribed by law according to the Constitution, restrictions on human rights and citizenship; crimes and punishments;

c) Basic policies on national finance and state budget; imposition, adjustment, or cancellation of taxes;

d) Basic policies on culture, education, healthcare, science, technology, and environment;

dd) National defense and security;

e) Policies on ethnics and religions of the State;

g) Ranks in the People’s armed forces; diplomatic ranks; other state ranks; medals and honorable titles of the State;

h) Basic diplomatic policies;

i) Referendum;

k) Mechanism for protection of the Constitution;

l) Other issues within the competence of the National Assembly.

2. The National Assembly shall promulgate resolutions to prescribe:

a) Ratio of distribution of revenues and obligatory expenditures between central government budget and local government budgets;

b) Pilot implementation of some new policies within the competence to decide of the National Assembly that are not regulated by any law or different from applicable regulations of law;

c) Suspend or extend the implementation period of the whole or part of a law or resolution of the National Assembly in order to meet urgent requirements for socio-economic development, assurance of human rights and citizenship;

d) Prescribe states of emergency and other special measures for ensuring national defense and security;

dd) Declare amnesty;

e) Decide issues within the competence of the National Assembly.

Article 16. Ordinances and resolutions of Standing Committee of the National Assembly

1. Standing Committee of the National Assembly shall promulgate ordinances to decide the issues assigned by the National Assembly.

2. Standing Committee of the National Assembly shall promulgate resolutions to prescribe:

a) Explain the Constitution, laws, and ordinances;

b) Suspend or extend the implementation period of the whole or part of an ordinance or resolution promulgated by Standing Committee of the National Assembly to meet urgent requirements for socio-economic development;

c) Annul ordinances and resolutions promulgated by Standing Committee of the National Assembly; in case an ordinance is annulled, Standing Committee of the National Assembly must submit a report to the National Assembly at the nearest meeting;

d) Declare full or partial mobilization; declare, cancel states of emergency nationwide or locally;

dd) Provide instructions on operation of the People’s Councils;

e) Decide other issues within the competence of Standing Committee of the National Assembly.

Article 17. Orders and decisions of the President.

The President shall issue orders and decisions to:

1. Declare full or partial mobilization; declare, cancel states of emergency according to resolutions of Standing Committee of the National Assembly; declare, cancel states of emergency nationwide or locally in case Standing Committee of the National Assembly is not able to hold a meeting;

2. Decide other issues within the competence of the President

Article 18. Joint resolutions between Standing Committee of the National Assembly or the Government and Management Board of Central Committee Vietnamese Fatherland Front

Committee of the National Assembly or the Government and Management Board of Central Committee Vietnamese Fatherland Front shall promulgate joint resolutions to specify the issues assigned by law.

Article 19. Decrees of the government 

The Government shall promulgate decrees to prescribe:

1. Specific guidelines for articles, clauses, and paragraphs assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President;

2. Specific measures for organizing implementation of the Constitutions, laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President; measures for implementation of socio-economic policies, policies on national defense and security, finance, budget, taxation, ethnics, religions, culture, education, healthcare, science and technology, environment, diplomacy, officials and civil servants, rights and obligations of citizens, and other issues within the management of the Government; issues related to duties and entitlements of two or more Ministries, ministerial agencies; duties, entitlements, and organizational structure of Ministries, ministerial agencies, Governmental agencies, and other agencies under the management of the Government;

3. Other necessary issues within the competence of the National Assembly or Standing Committee of the National Assembly but are yet to be made into a law or ordinance. Consent of Standing Committee of the National Assembly must be obtained before this type of decree is promulgated.

Article 20. Decision of the Prime Minister

The Prime Minister shall promulgate decisions to prescribe:

1. Operating method of the government and state administration system from central to local government, regulations on working with members of the Government, local governments, and other issues within the competence of the Prime Minister;

2. Measures for providing guidelines and coordinating members of the Government; inspecting adherence to policies of Communist Party, policies and laws of the State by Ministries, ministerial agencies, Governmental agencies, and local governments.

Article 21. Resolutions of Judge Council of the People’s Supreme Court

Judge Council of the People’s Supreme Court shall promulgate resolutions to provide guidelines for uniform application of law to adjudication by summarizing application of laws and supervising adjudication.

Article 22. Circulars of executive judge of the People’s Supreme Court

executive judge of the People’s Supreme Court shall promulgate circulars to manage People’s Courts and martial courts in terms of organizational structure and other issues assigned by the Law of Organizational structure of People’s Courts and relevant laws.

Article 23. Circulars of Chief Procurator of the Supreme People’s Procuracy

Chief Procurator of the Supreme People’s Procuracy shall promulgate circulars elaborating issues assigned by the Law of Organizational structure of the People’s Procuracies and relevant laws.

Article 24. Circulars of Ministers and Heads of ministerial agencies

Ministers and Heads of ministerial agencies promulgate Circulars to prescribe:

1. Specific guidelines for articles, clauses, and paragraphs assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President, decrees of the Government, and decisions of the Prime Minister;

2. Measures for performing their state management functions.

Article 25. Joint Circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; Joint Circulars between Ministers, Heads of ministerial agencies and executive judge of the People’s Supreme Court

Executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy;  Ministers, Heads of ministerial agencies and Executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy shall promulgate Joint Circulars to specify their cooperation in implementation of proceedings

Article 26. Decisions of State Auditor General

State Auditor General shall promulgate decisions to prescribe state audit standards, audit procedures, and audit documents.

Article 27. Resolutions of the People’s Councils of provinces

The People’s Councils of provinces shall promulgate resolutions to prescribe:

1. Specific guidelines for articles, clauses, and paragraphs assigned in the legislative documents promulgated by superior agencies;

2. Policies, measures for ensuring implementation of the Constitution, laws, and legislative documents promulgated by superior agencies;

3. Measures for socio-economic development, local budget, and national defense and security;

4. Special measures that suit the local socio-economic development.

Article 28. Decisions of the People’s Committees of provinces.

The People’s Committees of provinces shall promulgate decisions to prescribe:

1. Specific guidelines for articles, clauses, and paragraphs assigned in the legislative documents promulgated by superior agencies;

2. Measures for implementation of the Constitutions, laws, and legislative documents promulgated by superior agencies, resolutions of the People’s Councils at the same administrative level on socio-economic development, local budget, and national defense and security;

3. Measures for performing their state management functions locally.

Article 29. Legislative documents promulgated by local governments in administrative - economic units.

The People’s Councils in administrative - economic units shall promulgate resolutions; the People’s Committees in administrative - economic units shall promulgate decisions in accordance with this Law and relevant laws.

Article 30. Resolutions of the People’s Councils of districts and commune; decisions of the People’s Committees of districts and commune

The People’s Councils of districts and commune shall promulgate resolutions; the People’s Committees of districts and commune shall promulgate decisions to prescribe the issues assigned by laws.