Chương XII Luật ban hành văn bản quy phạm pháp luật 2015: Xây dựng, ban hành văn bản quy phạm pháp luật theo trình tự, thủ tục rút gọn

Chapter XII

FORMULATION, PROMULGATION OF LEGISLATIVE DOCUMENTS UNDER SIMPLIFIED PROCEDURES

Article 146. Cases of formulation, promulgation of legislative documents under simplified procedures

1. State of emergency according to regulations of law on state of emergency; urgent response to natural disasters, epidemics, conflagration; urgent situations for solving practical problems under decisions of the National Assembly.

2. Suspension of a legislative document in part or in full for a certain period of time.

3. Necessary revisions to conform to new legislative documents.

Article 147. The power to decide formulation, promulgation of legislative documents under simplified procedures

1. Standing Committee of the National Assembly shall decide the pap of simplified procedures to formulation and promulgation of ordinances and resolutions of Standing Committee of the National Assembly; request the National Assembly to consider applying simplified procedures to formulation and promulgation of laws and resolutions of the National Assembly.

2. The President shall decide application of simplified procedures to formulation and promulgation of orders and decisions of the President.

3. The Prime Minister shall decide application of simplified procedures to formulation and promulgation of decrees of the Government and decisions of the Prime Minister.

4. Standing Committee of the People’s Council of each province shall decide application of simplified procedures to formulation and promulgation of its resolutions; President of the People’s Committee of each province shall decide application of simplified procedures to formulation and promulgation of its decisions.

Article 148. Simplified procedures for formulation, promulgation of legislative documents

Formulation, promulgation of 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, decisions of the Prime Minister, resolutions of the People’s Councils of provinces, and decisions of the People’s Committees of provinces shall be carried out as follows:

1. The drafting agency organizes the drafting process;

2. The drafting agency may seek opinions form relevant organizations about the draft document. The time limit for seeking opinions is 20 days;

3. The appraising agency shall appraise the draft document, the inspecting agency shall inspect the draft document within 07 days from the day on which it is received.

Documents include the description, the draft document, appraisal report, and report on receipt of opinions.

Article 149. Documents and procedures for considering and ratifying legislative documents under simplified procedures

1. Documents for considering and ratifying legislative documents under simplified procedures include:

a) Documents about a law project or draft resolution of the National Assembly; ordinance project or draft resolution of Standing Committee of the National Assembly, draft resolution of the People’s Council of the province include the description, the draft document and the inspection report;

b) Documents about a draft order or decision of the President includes the description and the draft document;

c) Documents about a draft decree of the Government, draft decision of the Prime Minister, draft decision of the People’s Committee of the province include the description, the draft document and the appraisal report.

2. Procedures for considering and ratifying:

a) The National Assembly shall consider ratifying its law project or draft resolution at the nearest meeting under the procedures prescribed in Article 74 of this Law;

b) Standing Committee of the National Assembly shall consider ratifying its draft ordinance or draft resolution at the nearest meeting under the procedures prescribed in Clause 1 Article 77 of this Law;

c) The President shall consider signing and promulgating an order or decision right after receiving the draft order or decision under the procedures prescribed in Article 81 of this Law;

d) The Government shall consider ratifying its draft decree at the nearest meeting under the procedures prescribed in Article 96 of this Law;

dd) The Prime Minister shall consider signing and promulgating a decision right after receiving the draft decision under the procedures prescribed in Article 100 of this Law;

e) The People’s Council of the province shall consider ratifying the draft resolution at the nearest meeting under the procedures prescribed in Article 126 of this Law;

g) The People’s Committee of the province of the province shall consider ratifying the draft decision at the nearest meeting under the procedures prescribed in Article 132 of this Law.