Chương IX Luật ban hành văn bản quy phạm pháp luật 2015: Xây dựng, ban hành quyết định của ủy ban nhân dân cấp tỉnh

Chapter IX

FORMULATION AND PROMULGATION OF DECISIONS OF THE PEOPLE’S COMMITTEES OF PROVINCES.

Article 127. Request for formulation of decisions of the People’s Committees of provinces

1. Specialized agencies affiliated to the People’s Committee of a province and Presidents of the People’s Committees of districts have the responsibility for requesting formulation of decisions of the People’s Committee of the province.

2. The request for formulation of the decision must specify the name, necessity, scope, regulated entities, and main contents of the decision, intended promulgation date, and drafting agency. With regard to the issues to be elaborated, the submitting agency must review legislative documents of central regulatory agencies and resolutions of the People’s Council at the same administrative level to determine the contents and scope of elaborating documents.

3. Office of the People’s Committee of the province shall take charge and cooperate with the Department of Justice in considering the request for decision formulation and send a report to the President of the People’s Committee of the province.

Article 128. Drafting decisions of the People’s Committees of provinces

1. The President of the People’s Committee of the province shall appoint a drafting agency.

2. The drafting agency has the responsibility to:

a) Survey, assess social relationships; study policies of Communist Party, the State, documents of superior regulatory agencies, resolutions of the People’s Council of the same province, and documents related to the draft decision;

b) Draft the decision and description thereof;

c) Access the impact of the decision if it contains specific regulations on the policies of superior documents to be elaborated; assess impact of administrative procedures and gender-related impact (if any);

dd) Aggregate, consider opinions; revise and complete the draft decision.

Article 129. Drafting decisions of the People’s Committees of provinces

The drafting agency shall seek opinions from the entities under the direct impact of the decision and relevant organizations as prescribed in Article 120 of this Law.

Article 130. Appraising draft decisions of the People’s Committees of provinces

The Department of Justice shall appraise the draft decision before it is submitted to the People’s Committee of the province. The time limit, documents, inspection contents, and inspection report shall comply with Article 121 of this Law.

Article 131. Documents about draft resolution submitted to the People’s Committee of the province

The drafting agency shall send documents about the draft decision to the People’s Committee of the province at least 03 working days before the meeting date of the People’s Committee in order to be sent to members of the People’s Committee. Documents about the draft decision are mentioned in Clause 1 Article 125 of this Law.

Article 132. Procedures for considering and ratifying draft decisions of the People’s Council of the province

1. Depending on the characteristics and contents of the draft decision, President of the People’s Committee of the province shall decide the method for considering and ratifying its decisions.  A draft decision shall be considered and ratified at a meeting of the People’s Committee of the province in the following order:

a) The representative of the drafting agency presents the draft decision;

b) The Representative of the Department of Justice presents the explanation and receipt of its opinions;

c) The representative of Office of the People’s Committee of the province offers opinions;

d) The People’s Committee of the province discusses and cast votes on ratification of the draft decision.

2. The draft decision shall be ratified when it is voted for by more than half of the members of the People’s Committee of the province.

3. President of the People’s Committee of the province signs the decision.