Chương VI: Hiệu lực và nguyên tắc áp dụng văn bản quy phạm pháp luật

THE NATIONAL ASSEMBLY -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
Law No. 64/2025/QH15	Hanoi, February 19, 2025

 

LAW

PROMULGATION OF LEGISLATIVE DOCUMENTS

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Promulgation of Legislative Documents.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for formulation and promulgation of legislative documents; basic contents about organization of implementation of legislative documents.

This Law does not deal with the formulation and revision of the Constitution.

Article 2. Legislative documents

Legislative documents are documents that contain legal norms and the promulgation of which complies with regulations on competence, manner, sequence and procedures provided for in this Law.

Article 3. Interpretation of terms

For the purposes of this Law, the terms below shall be construed as follows:

1. “legal norm” means general rules of conduct, commonly binding, and applied to agencies, organizations and individuals nationwide or within a certain administrative division, promulgated by the regulatory agencies and competent persons in this Law, and the implementation of which is ensured by the State.

2. “policy” means a set of the State’s specific solutions for solving one or more practical issues in order to achieve certain goals and conform to the Communist Party's guidelines.

3. “policy consultation” means a direct exchange between the authority which formulates policy proposals (hereinafter referred to as “policy proposing agency”) and a consulted agency, organization or individual as prescribed by this Law for the purposes of selecting solutions and perfecting policies in bills, resolution projects of the National Assembly and ordinance projects of the Standing Committee of the National Assembly.

4. “assessment of impacts of a policy” means the analysis and forecasting of the potential impacts of each solution in order to select an optimal option that is consistent with the policy's objectives.

5. “review of a legislative document” means a process by which regulations of the reviewed document are considered, compared and evaluated with the aim of detecting, taking actions or recommending actions against regulations that are contradictory, overlapping, expired or no longer appropriate.

6. “inspection of a legislative document” means a process by which the constitutionality, legality, consistency of the inspected document with the legal system is considered, evaluated and concluded.

Article 4. The system of legislative documents

1. The Constitution.

2. Codes and laws (hereinafter referred to as “laws”), resolutions of the National Assembly.

3. Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of Central Committee of Vietnamese Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government and the Presidium of Central Committee of Vietnamese Fatherland Front.

4. Orders, decisions of the President.

5. Decrees, resolutions of the Government; joint resolutions between the Government and the Presidium of Central Committee of Vietnamese Fatherland Front.

6. Decisions of the Prime Minister.

7. Resolutions of the Council of Justices of the People’s Supreme Court.

8. Circulars of the Chief Justice of the People’s Supreme Court; circulars of the Prosecutor General of the Supreme People’s Procuracy; circulars of Ministers, Heads of ministerial agencies; Circulars of the State Auditor General.

9. Joint circulars between the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies.

10. Resolutions of People’s Councils of central-affiliated cities and provinces (hereinafter referred to as “provinces”).

11. Decisions of People’s Committees of provinces.

12. Legislative documents of local governments in special administrative - economic units.

13. Resolutions of People’s Councils of districts, urban districts, district-level towns, provincial-affiliated cities, central-affiliated cities (hereinafter referred to as “districts”).

14. Decisions of People’s Committees of districts.

Article 5. Rules for formulating and promulgating legislative documents

1. Ensure comprehensive and direct leadership of the Communist Party of Vietnam.

2. Ensure the constitutionality, legitimacy, and uniformity of legislative documents in the legal system and do not contravene treaties to which the Socialist Republic of Vietnam is a signatory; comply with regulations on authority, contents, manner, sequence and procedures for formulating and promulgating legislative documents.

3. Ensure national sovereignty, national defense, security, national interests and interests of the country and the people; control power, prevent and combat corruption, misconduct, waste; prevent and combat interests of a particular group and sectional interests.

4. Respect, protect and ensure human rights, citizens’ rights and gender equality; ensure democracy, fairness, humanity, publicity, transparency, scientific soundness, timeliness, stability, feasibility and efficiency.

5. Facilitate the implementation of guidelines on devolution and decentralization of power; resolve outstanding issues and practical issues; new issues, new trends; comply with state management requirements and encourage creativity, unleash all resources, promote socio-economic development.

6. For a legislative document the pilot implementation of which is required, determine the time of pilot implementation, and conduct preliminary and final review thereof to consider and decide the application or promulgation of such legislative document for official application.

7. Facilitate the implementation of regulations of law on protection of state secrets for contents of legislative documents classified as state secrets.

Article 6. Social criticism, consultation and opinions about policies and draft legislative documents

1. Vietnamese Fatherland Front and socio-political organizations make social criticism about draft legislative documents in accordance with this Law, Law on Vietnamese Fatherland Front and other relevant laws.

The social criticism shall be made during the period of organizing the drafting of legislative documents.

2. The policy proposing agency shall consult the Ethnic Minorities Council, Committees of the National Assembly, Ministries and ministerial agencies in accordance with this Law.

3. Vietnamese Fatherland Front, member organizations of the Vietnamese Fatherland Front, agencies, organizations and individuals are entitled and will be enabled to provide opinions about policies and draft legislative documents.

4. The policy proposing agency and agency presiding over drafting shall study, accept and explain, and publicize the acceptance of and explanation for social criticisms and opinions about policies and draft legislative documents, and subject matters of policy consultations.

Article 7. Language, format, techniques for presentation of legislative documents and translation of legislative documents into ethnic languages and foreign languages

1. The language of legislative documents is Vietnamese, must be accurate, common, consistent, clear, and understandable.

2. A legislative document may be separated into parts, chapters, sections, sub-sections, articles, clauses, points; each part, chapter, section, sub-section, and article must have a title.

3. Each legislative document must bear a number and symbol clearly displaying the consecutive serial number, year of promulgation, type of document, agency/person competent to promulgate the document.

4. Legislative documents may be translated into ethnic languages and foreign languages. The translations are for reference purpose only.

Article 8. Amendment, supplementation, replacement, annulment or suspension of legislative documents

1. A legislative document may only be amended, supplemented or replaced by another legislative document promulgated by the same competent agency or competent person that promulgated the original one or suspended by a competent agency or competent person in writing, except for the cases specified in points a and b clause 2 Article 54 of this Law or unless otherwise prescribed by laws or resolutions of the National Assembly.

2. A legislative document is annulled by another legislative document promulgated by the same competent agency or competent person that promulgated the original one or by another document promulgated by a competent agency or competent person in writing, except for the cases specified in points a and b clause 2 Article 54 of this Law.

3. The amending, supplementing, replacing, annulling or suspending document must specify every document, part, chapter, section, subsection, article, clause, and point that are amended, replaced, annulled or suspended.

In case an ordinance is annulled, the Standing Committee of the National Assembly must submit a report to the National Assembly at the nearest meeting.

The document that annuls or suspends another legislative document as specified in clause 1 and clause 2 of this Article must be posted on the electronic Official Gazette and national legal database.

4. A legislative document is promulgated to replace the applicable legislative documents in any of the following cases:

a) There is any fundamental change to policies, scope, regulated entities;

b) More than half of the total number of articles are amended or supplemented.

5. The agency or person competent to promulgate a legislative document (hereinafter referred to as “promulgating agency/person”) must concurrently amend, supplement or annul the whole or part of the legislative document they promulgated if it differs from the regulations of the new legislative document. In case the application of a contradicting regulation in the old document has to be continued, it must be specified in the new document.

6. A legislative document may be promulgated to concurrently amend, supplement, replace or annul contents of multiple legislative documents promulgated by the same promulgating agency/person.

Article 9. Sending and archiving legislative documents

1. Within 03 days from the day on which a law or resolution of the National Assembly, ordinance or resolution of Standing Committee of the National Assembly is announced, or another legislative document is signed, the promulgating agency/person shall send it so as for it to be posted on electronic Official Gazette and national legal database.

2. Dossiers on policies, projects and original copies of legislative documents must be archived in accordance with regulations of law on archives.

3. Legislative documents promulgated by competent agencies and persons at central level must be posted on the electronic Official Gazette of the Socialist Republic of Vietnam. Legislative documents of People's Councils, People’s Committees and local governments in special administrative - economic units must be posted on provincial Official Gazette.

4. Legislative documents posted on electronic Official Gazette are as valid as the original documents.

Chapter II

POWER TO PROMULGATE LEGISLATIVE DOCUMENTS, CONTENTS OF LEGISLATIVE DOCUMENTS

Article 10. Laws, resolutions of the National Assembly

1. The National Assembly shall promulgate laws to prescribe:

a) Organizational structure and operation of the National Assembly, the President, the Government, People’s Courts, the People’s Procuracies, National Election Council, State Audit Office of Vietnam, local governments, special 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 citizens’ rights; crimes and punishments; judicial proceedings;

c) Basic policies on economy, society, culture, education, science, technology, environment, finance and national currency and state budget; regulations on taxes, orders, medals and honorary titles of the State;

d) Basic policies on national defense and security; titles and ranks in the People’s armed forces; regulations on states of emergency, other special measures for ensuring national defense and security;

dd) Basic foreign policies; diplomatic titles and ranks; other state titles and ranks;

e) Policies on ethnics and religions of the State;

g) Referendums;

h) Mechanism for protection of the Constitution;

i) Other issues within the competence of the National Assembly as prescribed by the Constitution and laws.

2. The National Assembly shall promulgate resolutions to prescribe:

a) Pilot implementation of some new policies within the power to decide of the National Assembly that are different from applicable regulations of law;

b) Suspension, change of effective period or extension of the period of application of the whole or part of a law or resolution of the National Assembly with a view to satisfaction of urgent requirements for socio-economic development, assurance of human rights and citizens’ rights;

c) Other issues decided by the National Assembly.

Article 11. Ordinances and resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall promulgate ordinances as assigned by the National Assembly.

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

a) Interpret the Constitution, laws and ordinances of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;

b) Suspend, change effective period or extend the period of application of the whole or part of an ordinance or resolution of the Standing Committee of the National Assembly with a view to satisfaction of urgent requirements for socio-economic development;

c) Decide general or partial mobilization; declare and cancel a state of emergency nationwide or locally;

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

dd) Prescribe contents assigned by laws and resolutions of the National Assembly, except for the case specified in clause 1 of this Article;

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

Article 12. Orders and decisions of the President

The President shall promulgate orders or decisions to:

1. Decide general or partial mobilization; declare and cancel a state of emergency nationwide or locally;

2. Prescribe other issues within the competence of the President.

Article 13. Joint Resolutions between the Standing Committee of the National Assembly, the Government and the Presidium of Central Committee of Vietnamese Fatherland Front

The Standing Committee of the National Assembly, the Government and the Presidium of Central Committee of Vietnamese Fatherland Front shall promulgate joint resolutions to elaborate the issues assigned by laws or provide guidelines on some necessary issues concerning election of deputies to the National Assembly and the People’s Councils.

Article 14. Decrees and resolutions of the Government

1. The Government shall promulgate decrees to:

a) Elaborate articles, clauses, and points assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President;

b) Prescribe specific measures for organizing implementation of the Constitution; specific measures for organizing implementation of laws and resolutions the National Assembly, ordinances and resolutions of the 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, currency, budget, taxation, ethnics, religions, culture, education, healthcare, science, technology, environment, foreign relations, cadres, public officials, public employees, rights and obligations of citizens, and other issues under the Government’s management; issues related to tasks and powers of two or more Ministries, ministerial agencies; tasks, powers, and organizational structure of Ministries, ministerial agencies, Governmental agencies, and other agencies within the competence of the Government; decentralization of tasks and power;

c) Prescribe other necessary issues which are within the competence of the National Assembly or the Standing Committee of the National Assembly but yet to be made into a law or an ordinance to meet requirements for state management, economic management and social management. Consent of the Standing Committee of the National Assembly must be obtained before this type of decree is promulgated.

2. The Government shall promulgate resolutions to:

a) Resolve urgent and important practical issues and apply within a certain period of time and specific scope within the Government’s competence; decentralize tasks and powers;

b) Suspend, change effect or extend of the application period of the whole or part of a decree of the Government with a view to satisfaction of urgent requirements for socio-economic development, assurance of human rights and citizens’ rights;

c) Pilot implementation of some policies which are yet to be governed by a law within the Government’s competence or differ from a Government’s decree or resolution.

Article 15. Decisions of the Prime Minister

The Prime Minister shall promulgate resolutions to prescribe:

1. Contents assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President, decrees and resolutions of the Government;

2. Measures for directing and managing the operation 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; decentralization of tasks and powers and exercise of decentralized tasks and powers;

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

Article 16. Resolutions of Council of Justices of the People’s Supreme Court, circulars of Chief Justice of the People’s Supreme Court

1. The Council of Justices of the People’s Supreme Court shall promulgate resolutions to provide guidelines for uniform application of laws to adjudication.

2. The Chief Justice of the People’s Supreme Court shall promulgate circulars to manage People’s Courts and military courts in terms of organization, operation and other issues within their competence or assigned by the Law on Organization of People’s Courts and other legislative documents of the National Assembly, the Standing Committee of the National Assembly and the President.

Article 17. Circulars of the Prosecutor General of the Supreme People’s Procuracy

The Prosecutor General of the Supreme People’s Procuracy shall promulgate circulars to prescribe issues within his/her competence or assigned by the Law on Organization of People’s Procuracies and other legislative documents of the National Assembly, the Standing Committee of the National Assembly and the President.

Article 18. Circulars of Ministers and Heads of ministerial agencies

Ministers and Heads of ministerial agencies shall promulgate circulars:

1. Elaborates articles, clauses, points and other contents assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President, decrees and resolutions of the Government, decisions of the Prime Minister;

2. Measures for performing their state management functions; decentralization of tasks and powers and exercise of decentralized tasks and powers.

Article 19. Circulars of the State Auditor General

The State Auditor General shall promulgate circulars to prescribe state audit standards, audit procedures, and audit documents, issues within his/her competence or assigned by the Law on State Audit Office of Vietnam and other legislative documents of the National Assembly and the Standing Committee of the National Assembly.

Article 20. Joint Circulars between the Chief Justice of the People’s Supreme Court, the Chief Prosecutor of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies

1. The Chief Justice of the People’s Supreme Court, the Chief Prosecutor of the Supreme People’s Procuracy, the State Auditor General, Ministers and Heads of ministerial agencies shall promulgate joint circulars to prescribe the cooperation in implementation of sequence of and procedures for litigation, judgment enforcement, temporary detention and custody; corruption prevention and combat and state compensation; contents assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President.

2. Joint Circulars between Ministers and Heads of ministerial agencies shall not be promulgated.

Article 21. Resolutions of provincial People’s Councils, decisions of provincial People’s Committees

1. The National Assembly shall promulgate resolutions to:

a) Elaborate articles, clauses, points and other issues assigned in the legislative documents promulgated by superior regulatory agencies;

b) Prescribe policies and measures for ensuring implementation of the Constitution, laws and legislative documents promulgated by superior regulatory agencies;

c) Prescribe measures for socio-economic development, local budget, and national defense and security; other special measures that suit the local socio-economic development conditions; exercise of decentralized tasks and powers;

d) Pilot implementation of policies as prescribed by the Law on Local Government Organization.

2. Provincial People’s Committees shall promulgate decisions to:

a) Elaborate articles, clauses, points and other issues assigned in the legislative documents promulgated by superior regulatory agencies;

b) Prescribe measures for implementation of the Constitution, laws, and legislative documents promulgated by superior regulatory agencies, resolutions of the People’s Councils at the same level on socio-economic development, local budget, and national defense and security;

c) Prescribe measures for performing their state management functions locally; decentralize tasks and powers and exercise decentralized tasks and powers.

Article 22. Legislative documents of local governments in special administrative - economic units and districts

1. Local governments in special administrative - economic units shall promulgate legislative documents as prescribed in this Law and other relevant legislative documents of the National Assembly.

2. People’s Councils of districts shall promulgate resolutions to prescribe issues assigned in the laws and resolutions of the National Assembly; exercise decentralized tasks and powers.

3. People’s Councils of districts shall promulgate resolutions to prescribe issues assigned in the laws and resolutions of the National Assembly; decentralize tasks and powers, and exercise decentralized tasks and powers.

Chapter III

FORMULATION AND PROMULGATION OF LEGISLATIVE DOCUMENTS OF THE NATIONAL ASSEMBLY AND STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Section 1. TENURE-SPECIFIC LEGISLATIVE ORIENTATION AND ANNUAL LEGISLATIVE PROGRAM OF THE NATIONAL ASSEMBLY

Article 23. Tenure-specific legislative orientation of the National Assembly

1. The Standing Committee of the National Assembly shall preside over and cooperate with the Government in formulating the National Assembly’s tenure-specific legislative orientation and complete it before September 01 of the first year of the National Assembly's tenure for submission to the Communist Party’s competent agency for approval.

The Standing Committee of the National Assembly shall propose the legislative tasks itself; the President, the Ethnic Minorities Council, Committees of the National Assembly, the Government, the People’s Supreme Court, the People’s Supreme Procuracy, the State Audit Office of Vietnam, the Central Committee of Vietnamese Fatherland Front, central agencies of member organizations of the Vietnamese Fatherland Front and deputies to the National Assembly shall submit their legislative task proposals to the Standing Committee of the National Assembly before August 01 of the first year of the National Assembly's tenure for consideration and inclusion in the National Assembly’s tenure-specific legislative orientation.

2. Bases for formulating tenure-specific legislative orientation of the National Assembly encompass:

a) Guidelines of the Communist Party, orientations and conclusions of competent authorities of the Communist Party and the State;

b) Results of implementation or assessment of the National Assembly’s tenure-specific legislative orientation during previous tenure, requirements for ongoing development and improvement of the legal system;

c) New issues and new trends that need governing by laws;

d) Requirements for addressing urgent and practical issues.

3. A legislative task proposal is composed of a statement; list of legislative tasks, which explicitly specify bases and contents that need to be studied, reviewed and institutionalized, expected deadline for completing the study and review, and the deadline for necessary amendments or supplements to or promulgation of a law or resolution of the National Assembly, ordinance or resolution of the Standing Committee of the National Assembly (if any).

4. The National Assembly’s tenure-specific legislative orientation is a list of legislative tasks, which determine specific requirements for review and proposal for amendment/supplementation or study and proposal for promulgation of a law or resolution of the National Assembly, ordinance or resolution of the Standing Committee of the National Assembly; presiding authority; deadline for completing the study and review shall be arranged in the order of priority on an annual basis during the National Assembly's tenure.

5. The Standing Committee of the National Assembly shall promulgate a plan to implement the National Assembly’s tenure-specific legislative orientation right after it is approved. In case there are new legislative tasks, the Standing Committee of the National Assembly shall consider and decide the adjustment of the implementation plan.

6. The Government and agencies and organizations tasked by the Standing Committee of the National Assembly with legislation shall promulgate a plan to implement the National Assembly’s tenure-specific legislative orientation; in the course of undertaking the legislative tasks, they may proactively formulate polices, draft laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly.

Article 24. Annual legislative program of the National Assembly

1. Based on National Assembly’s tenure-specific legislative orientation or requirements for addressing outstanding issues or practical issues (if any), the Standing Committee of the National Assembly shall, on its own, propose the formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; the President, the Ethnic Minorities Council, Committees of the National Assembly, the Government, the People’s Supreme Court, the People’s Supreme Procuracy, the State Audit Office of Vietnam, the Central Committee of Vietnamese Fatherland Front, central agencies of member organizations of the Vietnamese Fatherland Front and deputies to the National Assembly (hereinafter referred to as “submitting agency”) shall submit a proposal for formulation of law/resolution of the National Assembly, ordinance/resolution of the Standing Committee of the National Assembly to the Standing Committee of the National Assembly before every August 01 for inclusion in the next year’s legislative program.

2. The proposal for formulation of law, ordinance or resolution shall be sent electronically, and physically (01 copy), explicitly stating the necessity and purposes of promulgation, scope, regulated entities; specific issues raised to resolve conflicting, overlapping and irrational contents of law; new issues, new trends and other necessary contents (if any); expected time for submission and approval.

3. The Standing Committee of the National Assembly shall decide the next year’s legislative program before October 01 on the basis of the proposal submitted by the proposing agency.

Article 25. Approval of annual legislative program

1. The Standing Member of the Law and Justice Committee shall preside over and cooperate with the submitting agency, the Ethnic Minorities Council and other Committees of the National Assembly in commenting on contents of the proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; anticipate the annual legislative program and report it to the Standing Committee of the National Assembly.

2. The Standing Member of Ethnic Minorities Council and Standing Members of Committees of the National Assembly shall cooperate in commenting contents of the proposal, order of priority and time for submission to the National Assembly and the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly shall consider and approve the resolution on the annual legislative program; the resolution shall specify title of the law or resolution of the National Assembly, ordinance or resolution of the Standing Committee of the National Assembly, submitting agency, verifying agency and estimated time for submission according to the scheduled session of the National Assembly, meeting of the Standing Committee of the National Assembly; the resolution is sent to deputies to the National Assembly.

In case there is a proposal for formulation of an ordinance by the Standing Committee of the National Assembly but the National Assembly has not assigned the Standing Committee of the National Assembly to formulate such ordinance, the Standing Committee of the National Assembly shall report it to the National Assembly for its consideration and decision.

4. The Standing Committee of the National Assembly shall direct the implementation of the annual legislative program.

Article 26. Approval of annual legislative program

1. The Standing Committee of the National Assembly shall adjust or consider and decide the adjustment of the annual legislative program as prescribed in Article 25 of this Law in the following cases:

a) The submitting agency which submits the proposal prescribed in clause 2 Article 24 of this Law proposes the addition of a law or resolution of the National Assembly, an ordinance or resolution of the Standing Committee of the National Assembly to the annual legislative program;

b) The submitting agency has a document specifying the reasons for proposal for removal from the annual legislative program or change of the submission time.

2. In case it is needed to promulgate a law or resolution right at the ongoing National Assembly session or the nearest session to immediately resolve urgent and practical issues, difficulties or inadequacies while the proposal therefor is yet to be included in the annual legislative program, the project submitting agency shall proactively organize the drafting and is not required to implement the policy-making process; send the project dossier so as for the Ethnic Minorities Council and Committees of the National Assembly to verify and submit it to the Standing Committee of the National Assembly to seek its opinions and decision on the addition to the expected National Assembly session program for submission to the National Assembly for consideration and approval.

Section 2. FORMULATION OF POLICIES

Article 27. Cases in which policy-making process is implemented

1. The submitting agency shall organize the implementation of the policy-making process before drafting in the cases of formulating the legislative documents below:

a) New laws and ordinances; laws and ordinances replacing applicable laws and ordinances;

b) Law on amendments and supplements to some articles of laws which contain contents about derogation of human rights and citizens’ rights in accordance with the Constitution;

c) Pilot resolutions of the National Assembly.

2. For bills and resolution projects of the National Assembly, ordinance projects of the Standing Committee of the National Assembly which are not specified in clause 1 of this Article, the submitting agency is not required to implement the policy making process but is required to clearly state the impacts of the policy in the explanatory document on policy codification.

3. The submitting agency shall formulate a policy proposal itself or assign another agency to do so.

Article 28. Policy determination

1. The policy proposing agency shall determine every policy based on the Communist Party's guidelines; results of law implementation review or social relation assessment; assurance about the exercise of human rights, basic rights and obligations of citizens; assurance about national defense and security; guidelines on devolution and decentralization of power; new issues, new trends; requirements for performing state management, stimulating creativity, unlocking all resources, promoting socio-economic development; undertakings in relevant treaties to which the Socialist Republic of Vietnam is a signatory.

2. Contents of each policy must be specific and explicit, including:

a) Issues to be resolved, causes of each issue;

b) Objectives to be achieved when resolving issues;

c) Solutions for resolving each issue;

d) Entities under direct impact of each policy, group of entities responsible for implementing the policy;

dd) Selected optimum solutions.

Article 29. Assessment of impacts of policies

1. The policy proposing agency shall assess impacts of each policy.

2. The assessment shall cover:

a) Impacts on the legal system which are assessed based on analysis of the policy's constitutionality, legality, consistency with the legal system; compatibility with relevant treaties to which the Socialist Republic of Vietnam is a signatory;

b) Socio - economic impacts which are assessed based on the analysis and prediction of costs, benefits, positive and negative impacts on one or more issues related to production, business, employment, ethnics, religion, culture, healthcare, education, environment, national defense, security; other socio-economic issues;

c) Gender impacts (if any) which are assessed based on the analysis of opportunities, conditions, capacity for exercise and enjoyment of rights and benefits of each gender;

d) Impacts of administrative procedures (if any) which are assessed based on the analysis of the necessity of administrative procedures for policy implementation.

3. For draft laws and resolutions of the National Assembly, and ordinances of the Standing Committee of the National Assembly which are specified in clause 1 Article 27 of this Law, before voting for approval, if a new policy is added, the submitting agency shall organize assessment of the impacts of such policy.

Article 30. Seeking opinions about policies and holding consultations

1. The policy proposing agency shall:

a) Seek opinions of entities under direct impacts of the policy, Vietnamese Fatherland Front, socio-political organizations, Delegations of the National Assembly deputies, Ministries, ministerial agencies, other agencies, organizations and individuals concerned. In case of seeking opinions in writing, the enquired agencies and organizations shall give written responses within 15 days after receiving the request for opinion;

b) Organize a conference on consultation with the Standing Member of the Ethnic Minorities Council, Standing Members of Committees of the National Assembly, Ministries and ministerial agencies about directly related policies within the scope and/or in the fields falling under their management in the policy-making process.

At the request of the consulted Standing Member of the Ethnic Minorities Council and Standing Members of Committees of the National Assembly, the policy proposing agency shall invite representatives of other National Assembly’s agencies, entities or organizations representing entities under direct impact of the policy, experts, scientists, agencies, organizations and individuals concerned to participate in the conference. At the consultation conference, leader of the policy proposing agency shall present and provide explanations for the issues related to the policy. The policy proposing agency shall formulate a document on policy consultation results which clearly specify viewpoints of consulted agencies, organizations and individuals.

The policy consultation with Ministries and ministerial agencies shall comply with the Government’s regulations;

c) Study, accept and explain opinions about the policy and subject matters of the policy consultation.

2. The policy dossier submitted for opinions about the policy and policy consultation includes drafts of the following documents:

a) Proposal;

b) Report on assessment of impacts of the policy;

c) Report on review of guidelines of the Communist Party, legislative documents and treaties related to the policy;

d) Report on final review of law implementation or assessment of social relations related to the policy;

dd) Explanatory document on policy codification.

3. Regarding the policy dossier not submitted by the Government, the policy proposing agency shall consult the Government. The policy dossier sent to the Government for its opinions includes the request for opinions and the documents prescribed in points b, c, d, dd, e and g clause 2 Article 31 of this Law. The Government shall give a written response within 30 days after receiving the policy dossier.

The policy proposing agency shall study, accept and explain the Government’s opinions.

Article 31. Appraisal of policies of laws and ordinances of the National Assembly, ordinances of the Standing Committee of the National Assembly submitted by the Government

1. The Ministry of Justice shall preside over and cooperate with the Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of National Defense, agencies, organizations and individuals concerned in appraising policies of laws and resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly before submitting them to the Government within 30 days from the date of receiving sufficient dossiers. The appraisal shall be carried out on the basis of the policy dossier submitted for appraisal.

For a policy proposed by the Ministry of Justice or where necessary, the Minister of Justice shall establish an appraisal council.

2. A policy dossier submitted for appraisal consists of:

a) An application form for appraisal of the policy proposing agency;

b) Draft statement;

c) Report on assessment of impacts of the policy;

d) Report on review of guidelines of the Communist Party, legislative documents and treaties related to the policy;

dd) Report on final review of law implementation or assessment of social relations related to the policy;

e) Explanatory document on policy codification;

g) A summary of accepted opinions and subject matters of the consultation, explanations for such opinions and subject matters.

3. The leader of the policy proposing agency shall present and explain issues related to the policy at the appraisal meeting.

4. The policy appraisal shall cover:

a) The necessity of the policy;

b) The conformity of the policy with guidelines of the Communist Party and policies of the State;

c) The constitutionality, legality, consistency with the legal system of the policy;

d) The compatibility with relevant treaties to which the Socialist Republic of Vietnam is a signatory; satisfaction of national defense and security requirements; financial resources; human resources;

dd) The necessity of prescribing administrative procedures; devolution and decentralization of power; assurance of gender equality, ethnic policy (if any);

e) The adherence to the policy making sequence and procedures.

5. The appraisal report of the Ministry of Justice must clearly specify whether the policy dossier is qualified for submission to the Government. It shall be sent to the Government and the policy proposing agency.

If qualified for submission to the Government, the policy proposing agency shall study and make a report on acceptance of and explanation for appraisal opinions and take responsibility for contents of the report for submission to the Government.

If not qualified for submission to the Government, the policy proposing agency shall accept and explain opinions, and complete the policy dossier for re-appraisal.

Article 32. Approval of policies

1. For laws and resolutions of the National Assembly, and ordinances of the Standing Committee of the National Assembly submitted by the Government, the Government shall promulgate resolutions on policy approval to form a basis for the drafting.

2. For laws and resolutions of the National Assembly, and ordinances of the Standing Committee of the National Assembly not submitted by the Government, the submitting agency shall promulgate a document on policy approval to form a basis for the drafting.

Section 3. DRAFTING OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 33. Drafting of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly

1. The submitting agency shall draft or assign an agency to draft laws, ordinances and resolutions (below collectively referred to as “agency presiding over drafting”). Contents of draft laws, ordinances and resolutions must adhere to the principles specified in Article 5 of this Law.

2. The drafting shall be carried out as follows:

a) For laws and resolutions of the National Assembly, and ordinances of the Standing Committee of the National Assembly which require the implementation of the policy-making process, the drafting shall be carried out on the basis of the approved policies.

In case a new policy is added in the drafting process, such policy must comply with the regulations set out under Article 28 through 32 of this Law;

b) For laws, ordinances and resolutions which does not require the implementation of the policy-making process, the drafting shall be carried out on the basis of the plan to implement the tenure-specific legislative orientation of the National Assembly and the annual legislative program.

3. The agency presiding over drafting shall perform the following tasks:

a) Organize collection of opinions of the Delegations of the National Assembly deputies, entities under direct impact of bills, ordinance/resolution projects; collect opinions of Ministries and ministerial agencies about contents of bills, ordinance/resolution projects related to the functions of industries and sectors management of Ministries, ministerial agencies, other agencies, organizations and individuals concerned. In case of seeking opinions in writing, the enquired agencies, organizations and individuals shall give written responses within 15 days after receiving the request for opinion.

For bills and resolution projects of the National Assembly, and ordinance projects of the Standing Committee of the National Assembly for which the policy-making process has been implemented, the collection of opinions is not mandatory;

b) Collect social criticisms of the Vietnamese Fatherland Front and appoint representatives to participate in the social criticism meeting upon request.

The Vietnamese Fatherland Front shall preside over or request socio-political organizations to organize social criticism. The document stating the social criticisms shall be sent to the agency presiding over drafting within 20 days from the date of receiving the dossier;

c) Post the bill/ordinance project/resolution project dossier on the web portal of the agency presiding over drafting within 20 days in order for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory. In case the legislative document is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law;

d) Study, accept and explain opinions and social criticisms.

4. A bill/ordinance project/resolution project dossier submitted for collection of social criticisms and opinions, and posting includes the following documents:

a) Draft statement;

b) Draft law/ordinance/resolution;

c) Report on final review of law implementation or assessment of social relations related to the draft;

d) Report on review of guidelines of the Communist Party, legislative documents, treaties related to the draft;

dd) An assessment of administrative procedures, devolution and decentralization of power, assurance of gender equality, ethnic policy (if any) in the draft;

e) Explanatory document on policy codification in the case specified in clause 2 Article 27 of this Law;

g) A comparison of the amending, supplementing or replacing draft with the existing law/ordinance/resolution;

h) Other documents (if any).

Article 34. Appraisal of bills and resolution projects of the National Assembly, ordinance and resolution projects of the Standing Committee of the National Assembly submitted by the Government

1. The Ministry of Justice shall preside over and cooperate with the Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of National Defense, agencies, organizations and individuals concerned in appraising bills, ordinance projects and resolution projects before submitting them to the Government within 30 days from the date of receiving sufficient dossiers. The appraisal shall be carried out on the basis of the bill/project dossier submitted for appraisal.

For a project the Ministry of Justice presides over drafting or where necessary, the Minister of Justice shall establish an appraisal council.

2. A project dossier submitted for appraisal consists of:

a) An application form for appraisal;

b) Draft statement;

c) Draft law/ordinance/resolution;

d) Report on final review of law implementation or assessment of social relations related to the draft;

dd) Report on review of guidelines of the Communist Party, legislative documents, treaties related to the draft;

e) An assessment of administrative procedures, devolution and decentralization of power, assurance of gender equality, ethnic policy (if any);

g) Explanatory document on policy codification in the case specified in clause 2 Article 27 of this Law;

h) A comparison of the amending, supplementing or replacing draft with the existing law/ordinance/resolution;

i) A summary of accepted opinions and social criticisms, and explanations therefor;

k) Other documents (if any).

3. The leader of the policy proposing agency shall present and explain issues related to the bill/project at the appraisal meeting.

4. The bill/project appraisal shall cover:

a) Necessity of promulgating the law/ordinance/resolution;

b) Conformity of the draft’s contents with guidelines of the Communist party; constitutionality, legality, consistency with the legal system;

c) Conformity of the draft’s contents with the approved policy (if any);

d) The compatibility with relevant treaties to which the Socialist Republic of Vietnam is a signatory; satisfaction of national defense and security requirements; financial resources; human resources;

dd) The necessity and rationality of administrative procedures; devolution and decentralization of power; assurance of gender equality, ethnic policy (if any);

e) Language, format, techniques for presentation of the document, and sequence of and procedures for drafting the law/ordinance/resolution.

5. The appraisal report must clearly specify whether the bill/project is qualified for submission to the Government; shall be sent to the Government and the agency presiding over drafting.

If qualified for submission to the Government, the agency presiding over drafting shall study, accept and explain appraisal opinions, prepare a report on such acceptance and explanation and take responsibility for contents of the report for submission to the Government.

If not qualified for submission to the Government, the agency presiding over drafting shall accept and explain opinions, and complete the bill/project dossier for re-appraisal.

Article 35. Offering opinions on bills and resolution projects of the National Assembly, ordinance and resolution projects of the Standing Committee of the National Assembly not submitted by the Government

1. The Government shall offer its opinions on bills, ordinance projects and resolution projects not submitted by the Government before submission to the National Assembly and the Standing Committee of the National Assembly. Opinions shall be offered within 30 days from the date of receiving a sufficient dossier.

2. The bill/project dossier sent to the Government for its opinions includes the request for opinions and the documents prescribed in points b, c, d, dd, e, g, h, i and k clause 2 Article 34 of this Law.

3. The submitting agency shall study, accept and explain the Government’s opinions.

Article 36. Considering and deciding the submission of bills and resolution projects of the National Assembly, ordinance and resolution projects of the Standing Committee of the National Assembly

1. The Government shall consider and decide the submission of bills/ordinance projects/resolution projects on the basis of the statement of the agency presiding over drafting and project dossier after receiving and responding to appraisal opinions.

2. For laws, ordinances and resolutions not submitted by the Government, the submitting agency shall consider and decide the submission after receiving and responding to the Government’s opinions.

Section 4. VERIFICATION, APPROVAL AND ANNOUNCEMENT OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 37. Bill/project verification

1. For a bill/project submitted to the National Assembly, at least 45 days before the opening date of a session of the National Assembly, the submitting agency must send the dossier specified in clause 3 of this Article to the agency presiding over verification to carry out verification and electronically send such dossier to the Secretary General of the National Assembly - Chairman/Chairwoman of the Office of the National Assembly to be sent to the Delegations of the National Assembly deputies and posted on the National Assembly’s web portal.

For a bill/project submitted to the Standing Committee of the National Assembly, at least 20 days before the opening date of a meeting of the Standing Committee of the National Assembly, the submitting agency must send the dossier specified in clause 3 of this Article to the agency presiding over verification to carry out verification.

2. The Ethnic Minorities Council and Committees of the National Assembly shall preside over verifying bills and resolution projects of the Standing Committee of the National Assembly, ordinance and resolution projects of the Standing Committee of the National Assembly in the fields under their charge, other bills, ordinance and resolution projects assigned by the National Assembly and the Standing Committee of the National Assembly; participate in verifying contents related to the fields under their charge in the bills, ordinance and resolution projects the verification of which is presided over by other National Assembly’s agencies in accordance with regulations of the Standing Committee of the National Assembly. The Standing Member of the Law and Justice Committee shall participate in verifying the constitutionality, legality, consistency with the legal system of the bills, ordinance and resolution projects.

3. A bill/project dossier submitted for verification consists of:

a) A statement;

b) Draft law/ordinance/resolution;

c) Report on final review of law implementation or assessment of social relations related to the draft;

d) Report on review of guidelines of the Communist Party, legislative documents, treaties related to the draft;

dd) An assessment of administrative procedures, devolution and decentralization of power, assurance of gender equality, ethnic policy (if any);

e) Explanatory document on policy codification in the case specified in clause 2 Article 27 of this Law;

g) A comparison of the amending, supplementing or replacing draft with the existing law/ordinance/resolution;

h) A summary of accepted opinions and social criticisms, and explanations therefor;

i) Appraisal report or opinions of the Government about the bill/ordinance project/resolution project not submitted by the Government;

k) A report on acceptance of and explanation for appraisal opinions regarding the bill/ordinance project/resolution project submitted by the Government or report on acceptance of and explanation for the Government’s opinions about the bill/ordinance project/resolution project not submitted by the Government;

l) Other documents (if any).

4. The verification shall focus on:

a) The conformity of contents of the draft law/ordinance/resolution with guidelines of the Communist Party;

b) The scope, regulated entities of the draft law/ordinance/resolution;

c) The contents of the draft law/ordinance/resolution and controversial issues (if any);

d) The constitutionality, legality, consistency with the legal system of the draft law/ordinance/resolution;

dd) The compatibility with relevant treaties to which the Socialist Republic of Vietnam is a signatory; satisfaction of national defense and security requirements; financial resources; human resources;

e) The necessity and rationality of administrative procedures; devolution and decentralization of power; assurance of gender equality, ethnic policy (if any);

g) The feasibility of regulations in the draft law/ordinance/resolution;

h) Language, format, techniques for presentation of the document, sequence of and procedures for formulating policies and drafting the law/ordinance/resolution.

5. Verification methods:

a) The agency presiding over verification shall hold a general meeting for verification. In case a general meeting is yet to be held for verification, the meeting of Standing Member of Ethnic Minorities Council and Standing Members of Committees of the National Assembly shall carry out preliminary verification so as to promptly submit it to the Standing Committee of the National Assembly before submission to the National Assembly;

b) The agency presiding over verification shall invite other agencies to participate in the verification or their standing members to the verification meeting;

c) The leader of the agency presiding over drafting regarding the bill/project submitted by the Government or a deputy to the National Assembly or leader of the submitting agency regarding the bill/project not submitted by the Government shall attend, report and explain issues related to the bill/project at the verification meeting.

6. Requirements applicable to a verification report:

a) The verification report must contain viewpoints of the verifying agency on the issues to be verified prescribed in clause 4 of this Law;

b) The verification report must reflect opinions of members of the agency presiding over verification, opinions of the verifying agency, opinions of the Delegations of National Assembly deputies (if any) on contents of the bill/ordinance project/resolution project; whether the bill/ordinance project/resolution project is qualified for submission to the Standing Committee of the National Assembly or the National Assembly; in case the bill/project is not qualified for submission, the agency presiding over verification shall report such to the Standing Committee of the National Assembly so as for it to consider returning the dossier to the submitting agency for further revision and completion.

Article 38. The Standing Committee of the National Assembly’s offer of opinions on bills and resolution projects of the National Assembly

1. The Standing Committee of the National Assembly must offer opinions on the bills/resolution projects of the National Assembly before it is submitted to the National Assembly. The Standing Committee of the National Assembly shall bring the bills/projects up for discussion and opinions at a Conference of full-time National Assembly deputies.

2. At least 07 days before the opening date of a meeting of the Standing Committee of the National Assembly, the dossier specified in clause 3 Article 37 of this Law and verification report must be sent to the Standing Committee of the National Assembly.

3. The Standing Committee of the National Assembly may offer its opinions on the bills/resolution projects of the National Assembly at one or more meetings in the following sequence:

a) The submitting agency presents basic contents of the drafts;

b) The agency presiding over verification presents the verification report and proposes issues which the National Assembly needs to focus on discussing;

c) The Government’s representative expresses its opinions on the bills/projects not submitted by the Government;

d) The agencies, organizations and individuals attending the meeting express their opinions;

dd) The Standing Committee of the National Assembly enters into the discussion;

e) The meeting's Chair comes to conclusion.

4. On the basis of opinions of the Standing Committee of the National Assembly, the submitting agency shall study and accept them to revise and complete the bills/projects.

5. The submitting agency shall report its acceptance of opinions, bill/project revision and completion to the Standing Committee of the National Assembly. The standing member of the agency presiding over verification shall report the acceptance of opinions, bill/project revision and completion by the submitting agency to the Standing Committee of the National Assembly to seek its opinions thereon. In case the submitting agency and the Standing Committee of the National Assembly have yet to reach agreement or any bill/project contains important or complex contents which needs giving more time to study, accept and revise, the Standing Committee of the National Assembly shall, on its own or at the request of the submitting agency, decide to postpone the deadline for submission to the National Assembly for approval.

6. At least 20 days before the opening date of a session of the National Assembly, the Standing Committee of the National Assembly shall direct the inclusion in the proposed agenda of the National Assembly session of the bills and resolution projects that have been commented on by the Standing Committee of the National Assembly and qualified for submission to the National Assembly.

Article 39. Considering and approving draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the Standing Committee of the National Assembly

1. The National Assembly shall consider and approve draft laws and resolutions at one session, except for the case specified in clause 11 Article 40 of this Law. At least 15 days before the opening date of a session, the bill/resolution project dossier and the verification report must be sent to deputies to the National Assembly.

2. The Standing Committee of the National Assembly shall consider and approve draft ordinances and resolutions at one meeting, except for the case specified in clause 2 Article 42 of this Law. At least 10 days before the opening date of a meeting, the bill/resolution project dossier and the verification report must be sent to members of the Standing Committee of the National Assembly.

3. A bill/resolution project dossier submitted to the National Assembly, and ordinance project/resolution project dossier submitted to the Standing Committee of the National Assembly consist of the documents specified in clause 3 Article 37 of this Law and the verification report shall be sent electronically, and physically (03 copies).

Article 40. Sequence of considering and approving draft laws and resolutions of the National Assembly

1. The submitting agency presents the statement.

2. The agency presiding over verification presents the verification report.

3. The National Assembly discusses at the general meeting. Before being discussed at the general meeting, the bill/project may be discussed by groups of National Assembly deputies.

4. During the discussion, the submitting agency explains the issues related to the bill/project raised by deputies to the National Assembly.

5. The National Assembly casts votes on important, major and controversial issues of the bill/project at the request of Standing Committee of the National Assembly or the submitting agency to form a basis for revision.

6. The Secretary General of the National Assembly - Chairman/Chairwoman of the Office of the National Assembly organizes the consolidation of opinions offered by deputies to the National Assembly and voting results in the case specified in clause 5 of this Article and send them to the submitting agency and agency presiding over verification.

7. The study and acceptance of and explanation for opinions on, and revision to the draft law/resolution shall be carried out in the following sequence:

a) The submitting agency presides over and cooperates with the standing member of the agency presiding over verification in studying, accepting and explaining opinions on, and revising the draft, making a report on such acceptance, explanation and revision and submitting it to the Standing Committee of the National Assembly for its opinions; the standing member of the agency presiding over verification shall send a report to the Standing Committee of the National Assembly to seek its opinions about contents which the submitting agency intends to accept, explain and about revisions to the draft law/resolution;

b) The submitting agency presides over and cooperate with the standing member of the agency presiding over verification, agencies and organizations concerned in studying, accepting and explaining opinions on, and revising the draft law/resolution according to opinions offered by the Standing Committee of the National Assembly;

c) At least 03 days before the it is put to the vote by the National Assembly, the submitting agency presides over and cooperates with the standing member of the agency presiding over verification, agencies and organizations concerned in completing the review, perfecting language, format and techniques for presenting the draft law/resolution and submitting such to the National Assembly;

d) In case the submitting agency does not concur with opinions offered by the Standing Committee of the National Assembly or the bill/project contains important or complex contents which needs giving more time to study, accept and revise, the Standing Committee of the National Assembly shall, on its own or at the request of the submitting agency, request the National Assembly to consider deciding to postpone the deadline for submission to the National Assembly for approval at the next session or re-submission.

8. The submitting agency reports its acceptance of and provision of explanations for opinions, and revision to the draft law/resolution.

9. The National Assembly casts votes on approval for the draft law/resolution. If the draft still has controversial issues, the National Assembly shall cast votes on these issues at the request of Standing Committee of the National Assembly before the entire draft is voted for approval.

10. The National Assembly’s Chairman/Chairwoman signs the law or resolution of the National Assembly.

11. In case a draft law/resolution is yet to be approved, the National Assembly shall consider deciding to postpone the deadline for approval to continue completing it, submit it to the National Assembly for approval at the next session or re-submit it.

12. The completion of the draft law/resolution and submission thereof to the National Assembly for approval at the next session shall comply with the regulations set out in Article 41 of this Law. The re-submission shall comply with the regulations set out under Articles 37, 38 and 40 of this Law; bill/project dossiers and deadline for sending project dossiers shall comply with the regulations set out under clause 1 and clause 3 Article 39 of this Law.

Article 41. Sequence of considering and approving draft laws and resolutions at the next session

1. Prior to the next session, the submitting agency presides over and cooperates with the standing member of the agency presiding over verification, agencies and organizations concerned in studying, accepting and explaining opinions on, and revising the draft law/resolution, making and submitting a report on such acceptance, explanation and revision to the Standing Committee of the National Assembly.

In case the Standing Committee of the National Assembly organizes a Conference of full-time National Assembly deputies for discussion and offer of opinions on a draft law/resolution, the submitting agency shall report, study, accept and explain opinions of the deputies attending the conference.

2. The Standing Committee of the National Assembly shall consider and offer its opinions on the acceptance of and provision of explanations for opinions, and revision to the draft law/resolution in the following sequence:

a) The submitting agency presents its report on acceptance, explanation and revision;

b) The standing member of the agency presiding over verification presents its opinions on the contents which the submitting agency intends to accept and explain, and on revisions to the draft;

c) The Standing Committee of the National Assembly considers and discuss the revised draft.

3. The submitting agency accepts and explains opinions given by the Standing Committee of the National Assembly.

4. At the next session:

a) The submitting agency sends the National Assembly a report its acceptance of and provision of explanations for opinions, and revision to the draft law/resolution which clearly specifies its opinions different from those offered by the Standing Committee of the National Assembly or those offered by the Government with regard to the bill/project not submitted by the Government (if any);

b) The standing member of the agency presiding over verification presents its opinions on the contents which the submitting agency intends to accept and explain, and on revisions to the draft;

c) The National Assembly discusses contents of the draft;

d) The study, acceptance of and provision of explanations for the National Assembly’s opinions for revision to the draft law/resolution, submission to the Government for its voting, approval and signature shall continue to comply with clauses 7, 8, 9 and 10 Article 40 of this Law.

Article 42. Sequence of considering and approving draft ordinances and resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall consider and approve a draft ordinance/resolution in the following sequence:

a) The submitting agency presents the statement;

b) The agency presiding over verification presents the verification report;

c) The agencies, organizations and individuals invited to the meeting express their opinions;

d) The Standing Committee of the National Assembly enters into the discussion and the meeting’s Chair comes to conclusion;

dd) The submitting agency shall preside over and cooperate with the standing member of the agency presiding over verification, agencies and organizations concerned in studying, accepting and explaining opinions and revising the draft according to opinions of the Standing Committee of the National Assembly, organizing and completing the review, perfecting language, format and techniques for presenting the draft ordinance/resolution at least 03 days before the Standing Committee of the National Assembly casts vote for approval;

e) The submitting agency shall report its acceptance of and explanation for opinions on and revision to the draft; the standing member of the agency presiding over verification presents its opinions on the contents which the submitting agency intends to accept and explain, and on revisions to the draft (if any);

g) The Standing Committee of the National Assembly casts votes on approval for the draft. If the draft still has controversial issues, the Standing Committee of the National Assembly shall cast votes on these issues at the request of meeting’s Chair before the entire draft is voted for approval;

h) The National Assembly’s Chairman/Chairwoman signs the ordinance/resolution of the Standing Committee of the National Assembly.

2. In case the draft ordinance/resolution is yet to be approved, the submitting agency shall preside over and cooperate with the standing member of the agency presiding over verification, agencies and organizations concerned in studying, accepting and explaining opinions on, and revising the draft law/resolution, making and submitting a report on such acceptance, explanation and revision to the Standing Committee of the National Assembly for its consideration and approval of the draft at the next meeting in the following sequence:

a) The submitting agency presents its report on acceptance, explanation and revision;

b) The standing member of the agency presiding over verification presents its opinions on the report on acceptance, explanation and revision;

c) The Standing Committee of the National Assembly considers, discusses and votes on approval for the draft. If the draft still has controversial issues, the Standing Committee of the National Assembly shall cast votes on these issues at the request of meeting’s chair before the entire draft is voted for approval;

d) The National Assembly’s Chair signs the ordinance/resolution of the Standing Committee of the National Assembly.

Article 43. Announcement of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly

1. The President shall announce a law or ordinance within 15 days from the date on which it is approved.

In case the President requests the Standing Committee of the National Assembly to re-consider an ordinance ratified by the Standing Committee of the National Assembly, within 10 days from the date on which it is ratified, the President shall send a written request for re-consideration to the Standing Committee of the National Assembly. The Standing Committee of the National Assembly shall re-consider the issues raised by the President at the nearest meeting. After the ordinance is put on the vote and ratified again by the Standing Committee of the National Assembly, the President shall announce it within 15 days from the date on which it is ratified again by the Standing Committee of the National Assembly. If the President still disagrees, the President shall present the case to the National Assembly for decision at the nearest session.

2. The Secretary General of the National Assembly - Chairman/Chairwoman of the Office of the National Assembly shall promulgate a resolution of the National Assembly or a resolution of the Standing Committee of the National Assembly within 15 days from the date on which it is ratified.

The Secretary General of the National Assembly - Chairman/Chairwoman of the Office of the National Assembly shall announce the resolution formulated and promulgated according to simplified sequence and procedures and in special cases within 05 days from the date on which it is ratified.

Chapter IV

FORMULATION AND PROMULGATION OF LEGISLATIVE DOCUMENTS OF OTHER AGENCIES

Article 44. Formulating and promulgating orders and decisions of the President

1. The President shall decide an agency presiding over drafting an order or decision himself/herself or at the request of the Government, the People’s Supreme Court, the People’s Supreme Procuracy or another competent agency.

2. The agency presiding over drafting shall organize the drafting of the order or decision.

3. The President may request the agency presiding over drafting to discuss important issues of the draft order or decision.

4. Based on the contents of the draft order or decision, the President shall decide to post the whole document on the web portal of the agency presiding over drafting. The draft order or decision must be posted for at least 60 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory. In case the legislative document is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

5. The agency presiding over drafting shall study and accept opinions from other agencies, organizations and individuals to revise the draft order or decision, then submit a report to the President.

6. The President shall consider signing the order or decision for promulgation.

Article 45. Formulation and promulgation of legislative documents of the Government, Prime Minister, Ministers, heads of ministerial agencies and local governments

The Government shall stipulate sequence of and procedures for formulation and promulgation of legislative documents of the Government, Prime Minister, Ministers, heads of ministerial agencies and local governments.

Article 46. Formulation and promulgation of resolutions of the Council of Justices of the People’s Supreme Court, circulars of the Chief Justice of the People’s Supreme Court

1. Formulation and promulgation of a resolution of the Council of Justices of the People’s Supreme Court:

a) The drafting of a resolution of Council of Justices of the People’s Supreme Court is organized and directed by the Chief Justice of the People’s Supreme Court;

b) The draft resolution must be posted on the web portal of the Government and web portal of the Supreme People’s Court for at least 60 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; in case the resolution is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

The draft resolution must be sent to the People’s Supreme Procuracy, the Ministry of Justice, relevant Ministries and ministerial agencies, Vietnam Lawyers Association and the Vietnam Bar Federation to seek their opinions;

c) The Chief Justice of the People’s Supreme Court shall direct the acceptance of opinions on the draft resolution;

d) The Chief Justice of the People’s Supreme Court shall establish an advisory council to appraise the draft resolution of the Council of Justices of the People’s Supreme Court, which is participated by representatives of the People’s Supreme Procuracy, the Ministry of Justice, relevant agencies, organizations and units, experts and scientists;

dd) The draft resolution shall be discussed at the meeting of the Council of Justices of the Supreme People’s Court which is attended by the Prosecutor General of the Supreme People’s Procuracy and the Minister of Justice;

e) The Council of Justices of the Supreme People’s Court shall hold a meeting to ratify the draft resolution.

If the Prosecutor General of the Supreme People’s Procuracy or the Minister of Justice does not concur with the resolution of the Council of Justices of the Supreme People’s Court, a report may be submitted to the Standing Committee of the National Assembly for its consideration and decision at the nearest meeting;

g) The Chief Justice of the People’s Supreme Court shall sign resolutions of the Council of Justices of the Supreme People’s Court.

2. Formulation and promulgation of a circular of the Chief Justice of the People’s Supreme Court:

a) The drafting of a circular of the Chief Justice of the People’s Supreme Court is organized and directed by the Chief Justice of the People’s Supreme Court;

b) The unit assigned to preside over drafting shall conduct a final review of the implementation of laws related to the draft circular; study relevant information and materials; prepare an outline of, make and revise the draft circular; organize the collection of opinions; prepare a statement and documents related to the draft.

The draft circular must be posted on the web portal of the Supreme People’s Court for at least 20 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; in case the circular is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

Depending on the characteristics and contents of the draft, the Chief Justice of the People’s Supreme Court shall decide to send the draft circular to local people’s courts, military courts, and relevant agencies and organizations for their opinions.

c) The Council of Justices of the People’s Supreme Court shall discuss and offer opinions about the draft circular of Chief Justice of the People’s Supreme Court;

d) The Chief Justice of the People’s Supreme Court shall direct the acceptance of offered opinions, and consider signing the circular for promulgation.

Article 47. Formulation and promulgation of Circulars of the Prosecutor General of the Supreme People’s Procuracy

1. The drafting of a circular of the Prosecutor General of the Supreme People’s Procuracy is organized and directed by the Prosecutor General of the Supreme People’s Procuracy.

2. The unit assigned to preside over drafting shall conduct a final review of the implementation of laws related to the draft; study relevant information and materials; prepare an outline of, make and revise the draft; organize the collection of opinions; prepare a statement and documents related to the draft.

3. The draft circular must be posted on the web portal of the Supreme People’s Procuracy for at least 20 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; in case the circular is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

Depending on the characteristics and contents of the draft, the Prosecutor General of the Supreme People’s Procuracy shall decide to send the draft circular to local people’s procuracies, military procuracies, and relevant agencies and organizations for their opinions.

4. The Procuracy Committee of the Supreme People’s Procuracy shall discuss and present opinions on the draft circular of the Prosecutor General of the Supreme People’s Procuracy.

5. The Prosecutor General of the Supreme People’s Procuracy shall direct the acceptance of offered opinions, and consider signing the circular for promulgation.

Article 48. Formulation and promulgation of Circulars of the State Auditor General

1. The drafting of a circular of the State Auditor General is organized and directed by the State Auditor General.

2. The draft circular must be posted on the web portal of the State Auditor General for at least 20 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; in case the circular is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

3. Depending on the characteristics and contents of the draft, the State Auditor General shall decide to send the draft circular to relevant agencies and organizations for their opinions.

4. The State Auditor General shall direct the acceptance of offered opinions, and consider signing the circular for promulgation.

Article 49. Formulation and promulgation of joint legislative documents

1. Formulation and promulgation of a joint resolution:

a) The agency presiding over drafting a joint resolution between the Standing Committee of the National Assembly and the Presidium of Central Committee of Vietnamese Fatherland Front and a joint resolution between the Standing Committee of the National Assembly, the Government and the Presidium of Central Committee of Vietnamese Fatherland Front is appointed by the Standing Committee of the National Assembly; The agency presiding over drafting a joint resolution between the Government and the Presidium of Central Committee of Vietnamese Fatherland Front is appointed by the Government;

b) The agency presiding over drafting shall organize the drafting;

c) While drafting the joint resolution, the agency presiding over drafting must seek opinions from relevant agencies, organizations and individuals;

d) The draft resolution jointly promulgated by the Government must be appraised by the Ministry of Justice. The appraisal shall be carried out in accordance with Article 34 of this Law;

dd) The draft resolution jointly promulgated by the Standing Committee of the National Assembly must be verified by the Ethnic Minorities Council and Committees of the National Assembly. The verification shall be carried out in accordance with Article 37 of this Law;

e) The agency presiding over drafting shall study offered opinions to revise the draft;

g) The draft shall be ratified if the agencies and organizations competent to promulgate joint resolutions reach a consensus;

h) The Chairman/Chairwoman of the National Assembly, the Prime Minister and the President of the Central Committee of the Vietnamese Fatherland Front shall sign the joint resolution together.

2. Formulation and promulgation of a joint circular:

a) Agencies presiding over drafting joint circulars between the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies are appointed by the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies.

b) The agency presiding over drafting shall organize the drafting;

c) The draft circular must be posted on the web portal of the agency presiding over drafting for at least 20 days so as for agencies, organizations and individuals to contribute their opinions, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; in case the joint circular is promulgated according to simplified sequence and procedures, the posting shall comply with point b clause 4 Article 51 of this Law.

A draft joint circular involving the participation by the Chief Justice of the People’s Supreme Court must be commented on by members of the Council of Justices of the People’s Supreme Court; a draft joint circular involving the participation by the Prosecutor General of the Supreme People’s Procuracy must be commented on by members of the Committee of the People’s Supreme Procuracy;

d) The agency presiding over drafting shall study opinions to revise the draft;

dd) The draft shall be ratified if the persons competent to promulgate joint resolutions reach a consensus;

e) The Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General, Ministers and Heads of ministerial agencies shall sign the joint circular together.

Chapter V

FORMULATION AND PROMULGATION OF LEGISLATIVE DOCUMENTS ACCORDING TO SIMPLIFIED SEQUENCE AND PROCEDURES AND IN SPECIAL CASES

Article 50. Cases of and competence in deciding formulation and promulgation of legislative documents according to simplified sequence and procedures

1. A legislative document shall be formulated and promulgated according to simplified sequence and procedures in the following cases:

a) State of emergency according to regulations of law on state of emergency; upon sudden or urgent request for reasons of national defense, security, national interests, natural disaster management, disease prevention and control, fire and explosion prevention and fighting;

b) Urgent situations for solving practical issues;

c) Suspension of effect of the legislative document in part or in full for the purposes of promptly protecting the State’s interests, legitimate rights and interests of organizations and individuals;

d) Immediate revisions to conform to a new legislative document; necessity of immediately promulgating a legislative document to implement a related treaty to which the Socialist Republic of Vietnam is a signatory;

dd) Necessary adjustments to the period of application of the whole or part of the legislative document for a certain period of time to solve urgent practical issues;

e) Promulgation of a document elaborating the legislative document promulgated according to simplified sequence and procedures and in special cases

2. Competence in deciding formulation and promulgation of legislative documents according to simplified sequence and procedures:

a) The Standing Committee of the National Assembly shall, on its own or at the request of a submitting agency, decide the application of simplified sequence and procedures to formulation and promulgation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;

b) The President shall, on its own or at the request of the Government, the People’s Supreme Court, the People’s Supreme Procuracy or another competent agency, decide the application of simplified sequence and procedures to formulation and promulgation of orders and decisions of the President;

c) The Government or the Prime Minister shall, on their own or at the request of an agency presiding over drafting, decide the application of simplified sequence and procedures to formulation and promulgation of decrees and resolutions of the Government and decisions of the Prime Minister;

d) Ministers, Heads of ministerial agencies, the Council of Justices of the Supreme People’s Court, the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General shall, on their own or at the request of an agency presiding over drafting, decide the application of simplified sequence and procedures to formulation and promulgation of legislative documents which they promulgate or jointly promulgate;

dd) The Standing Committee of a People's Council shall, at the request of a submitting agency, decide the application of simplified sequence and procedures to formulation and promulgation of resolutions of the People's Council; a Chairman/Chairwoman of a People's Committee shall, at the request of an agency presiding over drafting, decide the application of simplified sequence and procedures to formulation and promulgation of decisions of the People's Committee;

e) A local government in a special administrative - economic unit shall decide the application of simplified sequence and procedures to formulation and promulgation of legislative documents which it promulgates.

Article 51. Simplified sequence and procedures during formulation of legislative documents

1. The request for and decision on application of simplified sequence and procedures shall be made before or during the formulation of a policy or drafting of a legislative document.

2. When the simplified sequence and procedures are applied to formulation of the legislative document prescribed in clause 1 Article 27 of this Law, the policy-making process is not required to be implemented.

3. A written request for application of simplified sequence and procedures consists of the following contents:

a) Necessity of promulgation, clearly stating practical issues, predicted adverse impacts on entities under direct impact of the document and consequences that may arise in case of failure to promptly promulgate the legislative document for handling;

b) Scope, regulated entities;

c) Expected main contents of the legislative document;

d) Bases for application of simplified sequence and procedures as specified in clause 1 Article 50 of this Law.

4. A legislative document shall be drafted according to simplified sequence and procedures as follows:

a) The agency presiding over drafting shall organize the drafting;

b) The agency presiding over drafting may post the draft on its web portal, unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory; may collect opinions of entities under direct impact of the document, relevant agencies, organizations and individuals and shall communicate contents of the draft. In case of seeking opinions in writing, requested entities must be given a minimum period of 03 days from their receipt of request for giving opinions;

5. A legislative document shall be appraised or verified according to simplified sequence and procedures as follows:

a) A dossier submitted for draft appraisal includes an application form for appraisal, draft statement; draft document; comparison of the amending, supplementing or replacing draft with the existing law/resolution of the National Assembly, existing ordinance/resolution of the Standing Committee of the National Assembly; summary of accepted opinions, explanations for such opinions of agencies, organizations and individuals (if any);

b) A dossier submitted for verification includes a statement, draft document, appraisal report and report on acceptance of and explanation for appraisal opinions; comparison of the amending, supplementing or replacing draft with the existing law/resolution of the National Assembly, existing ordinance/resolution of the Standing Committee of the National Assembly; summary of accepted opinions, explanations for such opinions of agencies, organizations and individuals (if any);

c) Within 07 days from the date of receiving the bill/project dossier, the appraising agency shall carry out appraisal and the verifying agency shall carry out verification. For the bill/project that contains complex contents related to multiple industries and sectors, the time limit for appraisal must not exceed 15 days from the date of receiving the dossier;

d) The agency presiding over drafting shall study and explain appraisal and verification opinions. In case the appraising agency concludes that the bill/project is not qualified for submission to the Government, the agency presiding over drafting shall accept and explain opinions, and complete the bill/project for re-appraisal. In case the agency presiding over verification comments that the bill/project not qualified for submission to the Standing Committee of the National Assembly, the National Assembly shall report such to the Standing Committee of the National Assembly so as for it to consider returning the dossier to the submitting agency for further revision and completion.

6. A dossier for consideration and approval of a draft legislative document according to simplified sequence and procedures is prescribed as follows:

a) A dossier on a bill/resolution project of the National Assembly, an ordinance project/resolution project of the Standing Committee of the National Assembly comprises a statement, draft, comparison of the amending, supplementing or replacing draft with the existing law/resolution of the National Assembly, existing ordinance/resolution of the Standing Committee of the National Assembly, verification report, appraisal report;

b) A dossier on a draft order/decision of the President, draft resolution of the Council of Justices of the Supreme People’s Court, draft circular of the Chief Justice of the People’s Supreme Court, draft circular of the Prosecutor General of the Supreme People’s Procuracy, draft circular of the State Auditor General, draft joint circular includes a statement, draft and other documents (if any);

c) A dossier on a draft decree/resolution of the Government, draft decision of the Prime Minister, draft circular of a Minister or Head of ministerial agency, draft resolution of a People’s Council, draft decision of a People’s Committee shall be subject to regulations of the Government.

7. Sequence of consideration and ratification:

a) The National Assembly shall consider and ratify its draft law or its draft resolution at the nearest meeting according to the sequence prescribed in Article 40 of this Law;

b) The Standing Committee of the National Assembly shall consider and approve its draft ordinance or draft resolution at the nearest meeting according to the sequence prescribed in Article 42 of this Law;

c) The President, the Prime Minister, Minister, Heads of ministerial agencies, the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy, the State Auditor General shall consider and sign documents within their competence;

d) The Government, the Council of Justices of the Supreme People’s Court, People’s Councils and People’s Committees shall consider and approve documents within their competence.

Article 52. Formulation and promulgation of legislative documents in special cases

1. When consented by a Communist Party's competent agency and in the case of emergency as prescribed by law on states of emergency or in the event of an incident or disaster as prescribed by law on civil defense or a force majeure event or urgent, important and necessary issues of the country, the National Assembly, the Standing Committee of the National Assembly, the President or the Government shall promulgate a legislative document in special cases.

2. For any urgent, important or necessary issue of the country as specified in clause 1 of this Article, the Standing Committee of the National Assembly, the President or the Government shall assign the agency presiding over drafting to carry out drafting, the appraising authority to carry out appraisal and the verifying agency to carry out verification.

3. In the case of emergency or an incident or disaster or force majeure event as prescribed in clause 1 of this Article, the Standing Committee of the National Assembly, the President or the Government shall assign the agency presiding over drafting to cooperate with the appraising agency, verifying agency, relevant agencies and organizations in drafting a document and submitting it to the National Assembly, the Standing Committee of the National Assembly, the President and the Government for consideration and approval.

4. A dossier on formulation of a legislative document in the cases specified in clauses 2 and 3 of this Article includes a statement, draft document and other documents (if any).

Chapter VI

EFFECT AND RULES FOR APPLICATION OF LEGISLATIVE DOCUMENTS

Article 53. Effective dates of legislative documents

1. The effective date of the whole or part of a legislative document shall be specified in such document. Nevertheless, the effective date is not be sooner than 45 days from the date on which it is ratified or signed if it is promulgated by a central regulatory agency; not sooner than 10 days from the date on which it is signed if it is promulgated by a local government.

In case a legislative document formulated and promulgated according to simplified sequence and procedures and in a special case may come into force from the date on which it is ratified or signed; must be immediately posted on the electronic Official Gazette, national legal database, web portal of the promulgating agency and published on the mass media.

2. An elaborating document must be promulgated so that its effective date is the same as that of the elaborated document or that of the elaborated content.

Article 54. Spatial effect

1. Legislative documents of competent agencies and persons at central level are effective nationwide, unless their scope is specified or unless otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a signatory.

2. Legislative documents of a People’s Council or People’s Committee of an administrative division are effective within this administrative division. This must be specified in such documents. If there is any change in administrative boundary, the spatial effect and regulated entities of legislative documents shall be determined as follows:

a) If an administrative division is divided into multiple administrative divisions of the same level, the legislative documents promulgated by the People’s Council and the People’s Committee of the divided administrative division still apply to the new administrative divisions until the People’s Councils and the People’s Committees of the new administrative divisions make another decision;

b) If multiple administrative divisions are merged into a new administrative division of the same level, the People’s Council and the People’s Committee of the new administrative division shall decide to apply legislative documents of the merged People’s Councils and People’s Committees or promulgate new legislative documents;

c) If part of the geographical area of an administrative division is transferred to another administrative division, legislative documents of the People’s Council and the People’s Committee of the expanded administrative division shall apply to the transferred geographical area.

Article 55. Retrospective effect of legislative documents

1. A law, resolution of the National Assembly or legislative document of a central agency, People’s Council or People’s Committee may have a retrospective effect if it is strictly necessary for assurance of common interests, rights and interests of organizations and individuals regulated by such document.

2. A document must not have retrospective effect in the following cases:

a) The document imposes a new legal liability upon an act which does not incur such legal liability when it is committed;

b) The document imposes a heavier legal liability.

3. Legislative documents promulgated by People’s Councils of districts and People’s Committees of districts must not have retrospective effect.

Article 56. Suspension of effect of legislative documents

1. The effect of a legislative document shall be suspended in the following cases:

a) A promulgating agency/person shall decide to suspend effect of such document in part or in full for the purposes of promptly protecting the State’s interests, legitimate rights and interests of organizations and individuals;

b) If the legislative document is suspended from implementation in full or in part, its effect will be suspended until a decision is issued by a competent agency or competent person.

2. The time of suspension of effect, resumption of effect of the whole or part of a document must be specified in a document of a competent agency or competent person.

3. The document whose effect is suspended must be posted on the electronic Official Gazette and national legal database, and published on the mass media within 03 days from the date on which it is promulgated.

Article 57. Legislative documents ceasing to have effect

1. A legislative document shall cease to have effect in full or in part in the following cases:

a) The document expires on the expiration date written therein;

b) The document is amended and supplemented by or replaced with another legislative document which is promulgated by the same competent agency or competent person;

c) The document is annulled as prescribed in clause 2 Article 8 of this Law.

2. If a legislative document ceases to have effect in full or in part due to being replaced or amended or supplemented by another legislative document, the document elaborating such document or prescribing specific measures to organize and provide guidance on the implementation of such document shall remain effective provided that it does not contravene the replacing, amending or supplementing legislative document, unless it is announced to cease to have effect in full or in part. The document must be posted on the electronic Official Gazette and national legal database.

Article 58. Application of legislative documents

1. Legislative documents are applicable from their effective date.

2. Legislative documents shall apply to the acts committed and events happening at the time such documents are effective. If a legislative document has provisions on retrospective effect, such provisions shall apply.

3. If various legislative documents contain different regulations on the same issue, the document promulgated by a superior agency shall apply.

4. If various legislative documents promulgated by the same promulgating agency contain different regulations on the same issue, the one that is promulgated later shall apply.

5. The application of domestic legislative documents must not obstruct the implementation of the treaties to which the Socialist Republic of Vietnam is a signatory. In case a domestic legislative document other than the Constitution and a treaty to which the Socialist Republic of Vietnam is a signatory contain different regulations on the same issue, the treaty shall apply.

6. The application of laws in accordance with regulations other than those specified in clause 1 through 5 of this Article shall be regulated by the National Assembly.

Chapter VII

ORGANIZING IMPLEMENTATION OF LEGISLATIVE DOCUMENTS

Article 59. Contents of organization of implementation of legislative documents and responsibility therefor

1. Contents of organization of implementation of legislative documents:

a) Promulgating documents elaborating, and prescribing guidelines on implementation and specific measures for organizing the implementation of legislative documents;

b) Interpreting the Constitution, laws and ordinances of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;

c) Disseminating and providing education about legislative documents;

d) Providing guidance on application of legislative documents; receive and handle requests and recommendations about legislative documents; providing professional and refresher training and professional guidelines;

dd) Monitoring, inspecting, reviewing, consolidating, systematizing legislative documents; codifying the system of legal norms.

2. The implementation of legislative documents must be organized in a fair, strict, consistent, timely and effective manner.

3. Regulatory agencies, organizations and competent persons shall, within the ambit of their functions, tasks and powers,

a) Organize the implementation, monitor, preliminary and final review of the implementation of legislative documents;

b) Report or provide information on organization and monitoring of the implementation of legislative documents.

Article 60. Interpretation of the Constitution, laws and ordinances of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly

1. The interpretation of the Constitution, laws, ordinances and resolutions must not change the interpreted regulations and shall be made in the following cases:

a) Their regulations are construed differently;

b) The implementation of the documents is inconsistent.

2. The interpretation of the Constitution, laws, ordinances and resolutions must adhere to the following principles and criteria:

a) Conform to the common meaning of the words used in such legislative documents;

b) Rely on the process of formulating the contents related to the regulations to be interpreted;

c) Conform to the guiding viewpoints, purposes and spirit of the documents;

d) Ensure the consistency within the legal system.

3. The Standing Committee of the National Assembly shall, on its own or at the request of the President, the Ethnic Minorities Council, Committees of the National Assembly, the Government, the People’s Supreme Court, the People’s Supreme Procuracy, the State Audit Office of Vietnam, the Central Committee of Vietnamese Fatherland Front, central agencies of member organizations of the Vietnamese Fatherland Front and deputies to the National Assembly, interpret the Constitution, laws, ordinances and resolutions.

Article 61. Guidelines on application of legislative documents

1. Guidance on application of legislative documents is provided in the case of legislative documents other than the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly.

Any promulgating agency/person shall, at the request of an agency or on the basis of the proposition of an organization or individual, consider and provide guidance on application of legislative documents which they promulgate by administrative documents. Where necessary, the Government and the Prime Minister shall authorize Ministers, Heads of ministerial agencies in charge certain fields or sectors; People’s Councils shall assign Standing Committees of People's Councils of the same level to promulgate administrative documents to provide guidance on application of the legislative documents which they promulgate.

2. The guidance on application of legislative documents shall be provided in the cases and according to the principles and criteria specified in clauses 1 and 2 Article 60 of this Law and must not change the regulations on which guidance is provided and not give rise to any new regulation. The document providing guidance on application of a legislative document must be posted on the web portal of the agency promulgating the guiding document.

Article 62. Supervision of legislative documents

The supervision of legislative documents shall be carried out in accordance with regulations of law on supervision activities of the National Assembly and People's Councils, and other relevant laws.

Article 63. Examination and handling of legislative documents

1. Competent in and responsible for examination of documents:

a) The Standing Committee of the National Assembly, the President, the Presidium of Central Committee of Vietnamese Fatherland Front, the Council of Justices of the Supreme People’s Court, the Chief Justice of the People’s Supreme Court, the Prosecutor General of the Supreme People’s Procuracy and the State Auditor General shall, on their own, examine the legislative documents which they promulgate or jointly promulgate;

b) The Government and the Prime Minister shall, on their own, examine the legislative documents which they promulgate or jointly promulgate; the Government shall, within its competence, examine the legislative documents of Ministers, Heads of ministerial agencies, local governments in provinces and local governments in special administrative - economic units;

c) Ministers and Heads of ministerial agencies shall, on their own, examine the legislative documents which they promulgate or jointly promulgate; shall, within its competence, examine the legislative documents which Ministers, Heads of ministerial agencies and local governments promulgate concerning contents related to the fields and sectors under their charge;

d) Local governments at all levels shall, on their own, examine the legislative documents which they promulgate; superior local governments shall, within their competence, examine the legislative documents promulgated by inferior local governments.

2. Bases for self-examination of legislative documents:

a) Promulgated legislative documents;

b) Propositions and feedback of agencies, organizations and individuals about suspected unlawful legislative documents;

c) At the request or under the direction of a competent agency or competent person.

3. Bases for examination of legislative documents within competence:

a) Legislative document examination plan;

b) Discovery of suspected unlawful legislative documents within examination competence;

c) Cases specified in points b and c clause 2 of this Article.

4. Competent agencies and persons shall examine legislative documents that embrace legal norms but are not promulgated in accordance with regulations on competence, manner, sequence and procedures provided for in this Law, and documents providing guidance on application of legislative documents as the bases specified in points b and c clause 3 of this Article are available.

5. The handling of unlawful documents through examination shall comply with regulations of law.

Article 64. Review and systemization of the system of legislative documents

1. The Standing Committee of the National Assembly shall decide overall review of the system of legislative documents in view of proposals of the Government.

2. Ministers and ministerial agencies shall review and systemize documents promulgated or jointly promulgated by Ministers and Heads of ministerial agencies; documents which Ministers and Heads of ministerial agencies preside over drafting; other documents of the National Assembly and the Standing Committee of the National Assembly which contain adjustments to the issues under the state management of Ministries and ministerial agencies.

3. The Supreme People’s Court shall review and systemize documents promulgated or jointly promulgated by the Council of Justices of the Supreme People’s Court and Chief Justice of the People’s Supreme Court; documents which the Supreme People’s Court presides over drafting; other documents of the National Assembly and the Standing Committee of the National Assembly which contain adjustments to the issues within the ambit of tasks and powers of People’s Courts.

4. The People’s Supreme Procuracy shall review and systemize documents promulgated or jointly promulgated by the Prosecutor General of the Supreme People’s Procuracy; documents which the Supreme People’s Procuracy presides over drafting; other documents of the National Assembly and the Standing Committee of the National Assembly which contain adjustments to the issues within the ambit of tasks and powers of the Supreme People’s Procuracy.

5. The State Audit Office of Vietnam shall review and systemize documents promulgated or jointly promulgated by the State Auditor General; documents which the State Audit Office of Vietnam presides over drafting; other documents of the National Assembly and the Standing Committee of the National Assembly which contain adjustments to the issues within the ambit of tasks and powers of the State Audit Office of Vietnam.

6. The Ethnic Minorities Council, Committees of the National Assembly and the Office of the National Assembly shall, within the ambit of their functions and tasks, review and systemize documents of the National Assembly and the Standing Committee of the National Assembly in the cases other than those specified in clause 2 through 5 of this Article.

7. The Office of the President shall review and systemize documents of the President.

8. People’s Committees shall review and systemize the documents which they and People’s Committees of the same level promulgate.

9. Documents of local governments in special administrative - economic units shall be reviewed and systemized under the Government’s guidance.

10. The regulatory agencies specified in clauses 2 through 8 of this Article shall decide the review of documents by topic, field or geographic area.

11. The handling of legislative documents through review shall comply with regulations of law.

Article 65. Consolidation of legislative documents, codification of the system of legal norms

1. Amending and supplementing legislative documents must be consolidated with amended and supplemented ones.

2. Regulatory agencies shall codify the system of legal norms under effective legislative documents, except the Constitution, in order to create a Legal Code.

3. The consolidation of legislative documents and codification of the system of legal norms shall comply with regulations set forth in ordinances of the Standing Committee of the National Assembly.

Article 66. National legal database and application of digital technology, digital transformation

1. The national legal database contains full text of legislative documents specified in Article 4 of this Law and other documents as prescribed by the Government; enables access to data serving the formulation and organization of implementation of laws.

2. Digital technology and digital transformation are applied to the process of formulating, promulgating and organizing the implementation of legislative documents.

The Standing Committee of the National Assembly and the Government shall stipulate the application of digital technology and digital transformation to the formulation, promulgation and organization of implementation of legislative documents within their competence.

Chapter VIII

RESPONSIBILITIES AND RESOURCES FOR FORMULATING, PROMULGATING AND ORGANIZING IMPLEMENTATION OF LEGISLATIVE DOCUMENTS

Article 67. Responsibility for seeking opinions of the Communist Party's competent agencies

Agencies, organizations and persons having competence in law formulation shall make reports to and seek opinions of competent agencies in accordance with the Communist Party’s regulations.

Article 68. Responsibilities of competent agencies, organizations and persons for formulating, promulgating and organizing implementation of legislative documents

1. The Standing Committee of the National Assembly shall prescribe the provision of assistance for deputies to the National Assembly in formulation and promulgation of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly submitted by deputies to the National Assembly.

2. Each policy proposing agency, agency presiding over drafting, appraising agency, verifying agency or agency assigned to advise policies is entitled to hire experts, conduct survey, organize investigations, field surveys, conferences and seminars, and assess impacts of policies in order to support and improve the quality of policy making, consultation, drafting, appraisal, and verification.

3. Agencies, organizations and persons competent to submit projects and drafts of legislative documents shall take responsibility for the progress in submitting and quality of projects and drafts of documents which they submit.

4. Policy proposing agencies and agencies presiding over drafting shall take responsibility to submitting agencies or promulgating agencies/persons for the progress and quality of the proposed policies and drafts; communication of policies and drafts of legislative documents; acceptance of and explanation for opinions, subject matters of consultations, social criticisms, appraisal and verification.

5. Agencies, organizations and individuals that are requested to engage in policy consultations and give opinions about policies and draft of legislative documents shall take responsibility for subject matters of the policy consultations and opinions, and deadline for giving opinions.

6. Appraising agencies and verifying agencies shall take responsibility to promulgating agencies/persons for the appraisal and verification results.

7. Agencies/persons competent to promulgate legislative documents shall take responsibility for the quality of the documents they promulgate.

8. Agencies and persons competent to promulgate elaborating documents shall take responsibility for the progress and quality of the documents assigned.

9. Agencies and persons competent to promulgate legislative documents shall take responsibility for the promulgation of unlawful legislative documents.

10. Heads of agencies and organizations shall:

a) Take direct responsibility for directing and organizing the implementation of regulations of the Communist Party and laws of the State in formulation, promulgation and organization of implementation of legislative documents;

b) Take direct responsibility for the submission or promulgation of legislative documents within their power behind schedule and in an unlawful manner; for the corruption, misconduct, interests of a particular group or sectional interests in law formulation by persons whom they directly manage and to which they directly assign tasks;

c) Take joint responsibility in case they assign their deputies to be directly in charge of law formulation;

d) Take direct responsibility for results of the formulation and promulgation of legislative documents by the agencies and organizations under their leadership; such results shall serve as the bases for the assessment, reward and commendation review, appointment and reappointment.

11. Depending on nature and severity of the violations, agencies, organizations, heads and officials shall be held accountable or considered for exclusion, exemption or reduction of responsibility according to regulations of the Communist Party and regulations of law for acts of violations, corruption, misconduct, interests of a particular group or sectional interests in law formulation at agencies and organizations and within the scope of work under their direct management and charge.

12. Apart from the responsibilities specified in clause 3 through 11 of this Article, agencies, organizations, heads and officials shall also be held accountable for the formulation of laws in accordance with other relevant regulations.

Article 69. Human resources for law formulation

1. The State provides special mechanisms and policies for attracting and retaining cadres, officials and high quality human resources to perform the law formulation work.

2. The State allocates its budget for training, refresher training and improvement of capacity for persons formulating laws and organizing implementation of laws; hiring of consultants, study and assessment of impacts of policies.

Article 70. Infrastructure and funding for formulating, promulgating and organizing implementation of legislative documents

1. The State provides and prioritizes resources for investment in infrastructure, modernization of technical infrastructure, working equipment, application of digital technology, digital transformation, and artificial intelligence to serve policy research, formulation and promulgation of legislative documents.

2. The State establishes specific mechanism for allocating, managing, and using funding for the formulation and promulgation of legislative documents, gradually drafting legislative documents in a centralized and professional manner to fully, promptly, and effectively facilitate all legislative document formulation and promulgation activities.

3. Funding for formulating and promulgating legislative documents shall be provided according to the specific mechanism prescribed by the National Assembly

4. Competent agencies, organizations and persons shall provide infrastructure and funding for organizing and supervising the implementation of legislative documents.

5. Apart from the funding covered by the state budget, competent agencies, organizations and persons shall perform the tasks of formulating, promulgating and organizing the implementation of legislative documents covered by other legal sources of funding as prescribed by law.

6. Agencies, organizations and individuals are encouraged to provide infrastructure and financial support for regulatory agencies in formulation, promulgation and organization of implementation of legislative documents.

Chapter IX

IMPLEMENTATION CLAUSE

Article 71. Effect

1. This Law comes into force from April 01, 2025, except for the case specified in clause 2 of this Article.

2. The adjustment to the 2025 law and ordinance formulation program shall be made as per this Law from the date on which this Law is ratified.

3. The Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14 shall cease to have effect from the effective date of this Law, except for the cases prescribed in clause 4 of this Article, point a clause 1 and clause 2 Article 72 of this Law.

4. Clause 1 Article 46 of Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14 shall cease to have effect from the date on which this Law is ratified.

5. The Government shall elaborate Article 7, Article 31, clause 1 Article 32, Article 34, clause 1 Article 36, clause 3 Article 59, Article 63, Article 64, Article 69, clause 4 and clause 5 Article 70 and provide guidance on implementation of this Law.

Article 72. Transitional clauses

1. The implementation of the 2025 law and ordinance formulation program shall be subject to the following regulations:

a) Any bill or resolution project already included in the 2025 law and ordinance formulation program before the effective date of this Law shall be drafted, submitted, considered, commented and ratified as prescribed by the Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14;

b) Any bill/resolution project of the National Assembly, ordinance project/resolution project of the Standing Committee of the National Assembly added to the 2025 law and ordinance formulation program (the 2025 legislative program) from the date on which this Law is ratified shall be formulated and promulgated as per this Law.

2. Any draft legislative document other than a law/resolution of the National Assembly, ordinance /resolution of the Standing Committee of the National Assembly which is appraised or submitted to a competent authority before the effective date of this Law shall continue to be implemented according to the sequence and procedures prescribed by the Law on Promulgation of Legislative Documents No. 80/2015/QH13 amended by the Law No. 63/2020/QH14.

3. Any State Auditor General’s decision promulgated before the effective date of this Law shall remain effective until it is annulled or replaced by another legislative document or is annulled by another document of a competent agency or competent person.

Any resolution of the People’s Council or decision of the People’s Committee of a commune promulgated before the effective date of this Law shall remain effective until it is annulled by another document or annulled by another document of a competent agency or competent person.

This Law is ratified by the 15^th National Assembly of Socialist Republic of Vietnam on this 19^h of February 2025 during its 9^th extraordinary session.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man

Bài viết liên quan