Luật Ban hành văn bản quy phạm pháp luật của Hội đồng nhân dân và Uỷ ban nhân dân 2004 số 31/2004/QH11

THE NATIONAL ASSEMBLY       -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No: 31/2004/QH11	Hanoi, December 03, 2004

 

LAW

ON PROMULGATION OF LEGAL DOCUMENTS OF PEOPLE’S COUNCILS, PEOPLE’S COMMITTEES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the X^th National Assembly, the 10^th session;
This Law provides for the competence, order and procedures for promulgating legal documents of People’s Councils, People’s Committees.

Chapter I

GENERAL PROVISIONS

Article 1.- Legal documents of People’s Councils or People’s Committees

1. Legal documents of People’s Councils or People’s Committees are documents promulgated by People’s Councils or People’s Committees according to the competence, order and procedures prescribed by this Law and containing common codes of conduct, which are effective within their localities and guaranteed by the State for implementation aiming to regulate social relations in the localities along the socialist orientation.

2. Legal documents of People’s Councils are promulgated in form of resolutions. Legal documents of People’s Committees are promulgated in form of decisions or directives.

Article 2.- Scope of promulgation of legal documents of People’s Councils, People’s Committees

1. People’s Councils shall promulgate legal documents in the following cases:

a/ To decide on undertakings, policies or measures to ensure the implementation of the Constitution, laws, legal documents of superior State agencies;

b/ To decide on plans on socio-economic development, budgets, defense or security in their respective localities;

c/ To decide on measures to stabilize and improve people’s life, or to accomplish tasks assigned by superior authorities;

d/ To decide within the ambit of their vested powers on undertakings and peculiar measures suitable to local socio-economic development conditions with a view to bringing into full play local potentials, which, however, must not be contrary to legal documents of superior State agencies;

e/ To prescribe a specific matter under written assignment by superior State agencies.

2. People’s Committees shall promulgate legal documents in the following cases:

a/ Furthering the Constitution, laws or legal documents of superior State agencies, or resolutions of People’s Councils of the same level on socio-economic development, defense and security consolidation;

b/ Performing the State management functions and materializing other policies in their localities;

c/ Prescribing a specific matter under written assignment by superior State agencies.

Article 3.- Constitutionality, legality and consistency of legal documents of People’s Councils, People’s Committees in the legal system

1. Legal documents of People’s Councils, People’s Committees must conform with the Constitution, laws and legal documents of superior State agencies, ensure their uniformity and legal-effect ranks in the legal system; legal documents of People’s Committees must also conform with resolutions of People’s Councils of the same level.

2. Legal documents of People’s Councils, People’s Committees, which are contrary to the Constitution, laws and legal documents of superior State management, legal documents of People’s Committees, which are contrary to those of People’s Councils of the same level, must be promptly suspended from implementation, amended, cancelled or annulled by competent State agencies or individuals.

Article 4.- Contribution of comments on draft legal documents of People’s Councils, People’s Committees

1. Vietnam Fatherland Front and its member organizations, other agencies, organizations, and individuals have the right to contribute their comments on draft legal documents of People’s Councils or People’s Committees.

2. In the process of drafting legal documents of People’s Councils or People’s Committees, the concerned agencies shall have to create conditions for agencies, organizations and individuals defined in Clause 1 of this Article to contribute their comments on such draft documents.

3. Basing themselves on the nature and contents of draft legal documents of People’s Councils or People’s Committees, the concerned agencies shall have to organize the collection of comments of subjects directly affected by such documents within the appropriate scope and in appropriate forms.

4. Comment-collecting agencies shall have to study and assimilate comments in order to revise draft documents.

Article 5.- Effect of legal documents of People’s Councils, People’s Committees

Legal documents of People’s Councils, People’s Committees must prescribe their effect in terms of time, space and application subjects.

Article 6.- Languages of legal documents of People’s Councils and People’s Committees

1. Legal documents of People’s Councils and People’s Committees are presented in Vietnamese language.

Languages used in documents must be accurate, universal and expressed in an explicit and easy-to-understand style. Jargons, which need to be clarified in terms of their purport must be interpreted in documents.

2. Legal documents of People’s Councils and/or People’s Committees may be translated into ethnic minority languages. The translation of legal documents of People’s Councils and/or People’s Committees into ethnic minority languages shall be prescribed by People’s Committees of provinces or centrally-run cities.

3. Legal documents of People’s Councils and/or People’s Committees may be translated into foreign languages. The translation of legal documents of People’s Councils and/or People’s Committees into foreign languages shall be prescribed by the Government.

Article 7.- Serial numbers and signs of legal documents of People’s Councils and People’s Committees

1. Legal documents promulgated by People’s Councils or People’s Committees must be ordinally numbered with the year of promulgation and specific signs for each type of document.

The giving of ordinal numbers must start with 01 for each type of document, followed by the year of promulgation of such type of document.

Signs of legal documents of People’s Councils or People’s Committees are structured as follows: Ordinal number of the document/ the year of promulgation/abbreviated name of the type of document – abbreviated name of the document-promulgating agency.

2. Abbreviated names of document types and promulgating agencies are prescribed as follows:

a/ Nghi quyet (Resolution) is abbreviated to NQ, quyet dinh (decision) is abbreviated to QD, chi thi (directive) is abbreviated to CT;

b/ Hoi dong nhan dan (People’s Council) is abbreviated to HDND, Uy ban nhan dan (People’s Committee) is abbreviated to UBND.

Article 8.- Publication in the Official Gazette, posting up, notification, sending and archival of documents

1. Legal documents of People’s Councils and People’s Committees of the provinces or centrally-run cities (hereinafter referred collectively to as provincial-level People’s Councils and People’s Committees) must be published in the provincial-level Official Gazette. The publication in the Official Gazette of legal documents of provincial-level People’s Councils and People’s Committees shall comply with the Government’s regulations.

Documents published in the Official Gazette shall have the same effect as the original documents.

The provincial-level People’s Committees shall be responsible for managing the Official Gazette issues.

2. Legal documents of People’s Councils and People’s Committees must be published on the mass media in localities.

Legal documents of People’s Councils or People’s Committees of rural districts, urban districts, provincial capitals or provincial towns (hereinafter referred collectively to as district-level People’s Councils and People’s Committees), legal documents of People’s Councils or People’s Committees of communes, wards or district townships (hereinafter referred collectively to as commune-level People’s Councils and People’s Committees) must be posted up at head offices of the promulgating agencies and other places decided by presidents of People’s Committees of the same level.

3. Legal documents of People’s Councils or People’s Committees must be sent to their immediate superior State agencies, agencies with supervision or inspection competence, concerned agencies, organizations and individuals in localities within three days after they are adopted by the People’s Councils or signed for promulgation by People’s Committee presidents. Legal documents of provincial-level People’s Councils must be sent to the National Assembly’s Standing Committee and the Government; legal documents of provincial-level People’s Councils and People’s Committees must be sent to delegations of National Assembly deputies.

4. Legal documents of People’s Councils and People’s Committees must be archived according to law provisions on archival.

Article 9.- Supervision and inspection of legal documents of People’s Councils, People’s Committees

1. The National Assembly Standing Committee, the delegations of National Assembly deputies and the National Assembly deputies shall, within the ambit of their respective tasks and powers, supervise the legal documents of People’s Councils and People’s Committees.

2. The Government, ministries, ministerial-level agencies, Government-attached agencies shall, within the ambit of their respective tasks and powers, inspect the legal documents of People’s Councils, People’s Committees.

3. The People’s Councils, the Standing Bodies of People’s Councils, People’s Council deputies, the People’s Committees and People’s Committee presidents shall, within the ambit of their respective tasks and powers, supervise and inspect the legal documents of the immediate subordinate People’s Councils and People’s Committees; the People’s Councils shall supervise the legal documents of People’s Committees of the same level.

4. Vietnam Fatherland Front and its member organizations, other agencies and organizations and local people shall take part in supervising legal documents of People’s Councils and People’s Committees and requesting competent agencies and/or individuals to handle unlawful legal documents.

5. The supervision and inspection of legal documents and the handling of legal documents of People’s Councils and People’s Committees involving law violations shall comply with law provisions.

Article 10.- Revision and systematization of legal documents of People’s Councils and People’s Committees

1. Legal documents of People’s Councils and People’s Committees must be regularly revised and periodically systematized.

2. People’s Committees shall have to organize the revision and systematization of the legal documents of their own and the People’s Councils of the same level.

3. Judicial agencies of People’s Committees (hereinafter called judicial agencies) are tasked to assume the prime responsibility for, and coordinate with concerned agencies and organizations in, assisting the People’s Committees of the same level in revising and systematizing legal documents of the People’s Councils and People’s Committees of their levels, in order to promptly propose amendment, supplementation, replacement, cancellation, annulment or suspension of implementation of documents.

Article 11.- Amendment, supplementation, replacement, cancellation, annulment or suspension of implementation of legal documents of People’s Councils, People’s Committees

1. Legal documents promulgated by People’s Councils or People’s Committees shall be amended, supplemented, replaced, cancelled or annulled only by documents of the very People’s Councils or People’s Committees, which have promulgated such documents or be suspended from implementation, cancelled or annulled by documents of competent agencies or individuals.

2. Documents amending, supplementing, replacing, canceling, annulling or suspending the implementation of other documents must clearly state the titles, articles, clauses or points of the amended, supplemented, replaced, cancelled, annulled or implementation-suspended documents.

Chapter II

CONTENTS OF LEGAL DOCUMENTS OF PEOPLE’S COUNCILS, PEOPLE’S COMMITTEES

Section 1. CONTENTS OF LEGAL DOCUMENTS OF PROVINCIAL-LEVEL PEOPLE’S COUNCILS OR PEOPLE’S COMMITTEES

Article 12.- Contents of resolutions of provincial-level People’s Councils

1. Resolutions of provincial People’s Councils are promulgated to decide on undertakings, policies and measures in the domains of economy, education, healthcare, social affairs, culture, information, sports and physical training, science and technology, natural resources and environment, defense, security, social order and safety, materialization of nationality policies and religion policies, enforcement of laws, building of local administrations and management of administrative boundaries in their respective provinces as prescribed in Articles 11, 12, 13, 14, 15, 16 and 17 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Resolutions of municipal People’s Councils are promulgated to decide on undertakings, policies and measures mentioned in Clause 1 of this Article and other undertakings, policies and measures for urban construction and development in their respective cities as prescribed in Article 18 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 13.- Contents of decisions of provincial-level People’s Committees

1. Decisions of provincial People’s Committees are promulgated to implement undertakings, policies and measures in the domains of economy, agriculture, forestry, fishery, irrigation, land, industry, handicraft and cottage industries, communication and transport, construction, urban management and development, trade, service, tourism, education and training, culture, information, sports and physical training, healthcare, social affairs, science and technology, natural resources and environment, defense, security, social order and safety, materialization of nationality policies and religion policies, enforcement of laws, building of local administrations and management of administrative boundaries in their respective provinces as prescribed in Articles 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94 and 95 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Decisions of municipal People’s Committees are promulgated to implement undertakings, policies and measures mentioned in Clause 1 of this Article and other undertakings, policies and measures for urban construction, management and development in their respective cities as prescribed in Article 96 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 14.- Contents of directives of provincial-level People’s Committees

Directives of provincial-level People’s Committees are promulgated to prescribe measures to direct, coordinate activities, urge and inspect operations of their attached agencies and units as well as subordinate People’s Councils and/or People’s Committees in implementing documents of superior State agencies or People’s Councils of the same level, and their own decisions.

Section 2. CONTENTS OF LEGAL DOCUMENTS OF DISTRICT-LEVEL PEOPLE’S COUNCILS OR PEOPLE’S COMMITTEES

Article 15.- Contents of resolutions of district-level People’s Councils

1. Resolutions of People’s Councils of rural districts are promulgated to decide on undertakings and measures in the domains of economy, education, healthcare, culture, information, sports and physical training, social affairs, life, science and technology, natural resources and environment, defense, security, social order and safety, materialization of nationality policies and religion policies, enforcement of laws, building of local administrations and management of administrative boundaries in their respective rural districts as prescribed in Articles 19, 20, 21, 22, 23, 24 and 25 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Resolutions of People’s Councils of urban districts are promulgated to decide on undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for urban construction and development in their respective urban districts as prescribed in Article 26 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

3. Resolutions of People’s Councils of provincial capitals or provincial towns are promulgated to decide on undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for construction and development of such provincial capitals or provincial towns as prescribed in Article 27 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

4. Resolutions of People’s Councils of island districts are promulgated to decide on undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for construction and development of such islands as prescribed in Article 28 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 16.- Contents of decisions of district-level People’s Committees

1. Decisions of People’s Committees of rural districts are promulgated to implement undertakings and measures in the domains of economy, agriculture, forestry, fishery, irrigation, land, industry, handicraft and cottage industries, construction, communication and transport, trade, service, tourism, education, healthcare, social affairs, information, sports and physical training, science and technology, natural resources and environment, defense, security, social order and safety, materialization of nationality policies and religion policies, enforcement of laws, building of local administrations and management of administrative boundaries in their respective rural districts as prescribed in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Decisions of People’s Committees of urban districts are promulgated to implement undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for urban construction and development in their respective urban districts as prescribed in Article 109 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

3. Decisions of People’s Committees of provincial capitals or provincial towns are promulgated to implement undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for construction and development of such provincial capitals or provincial towns as prescribed in Article 108 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

4. Decisions of People’s Committees of island districts are promulgated to implement undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for construction and development of such islands as prescribed in Article 110 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 17.- Contents of directives of district-level People’s Committees

Directives of district-level People’s Committees are promulgated to prescribe measures to direct and inspect operations of their attached agencies and units as well as commune-level People’s Councils and People’s Committees in implementing documents of superior State agencies and People’s Councils of the same level, and their own decisions.

Section 3. CONTENTS OF LEGAL DOCUMENTS OF COMMUNE-LEVEL PEOPLE’S COUNCILS OR PEOPLE’S COMMITTEES

Article 18.- Contents of resolutions of commune-level People’s Councils

1. Resolutions of People’s Councils of communes or district townships are promulgated to decide on undertakings and measures in the domains of economy, education, healthcare, social affairs, life, culture, information, sports and physical training, protection of natural resources and environment, defense, security, social order and safety, materialization of nationality policies and religion policies, enforcement of laws, building of local administrations in their respective communes or district townships as prescribed in Articles 29, 30, 31, 32, 33 and 34 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Resolutions of People’s Councils of wards are promulgated to decide on undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for urban construction and development in their respective wards as prescribed in Article 35 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 19.- Contents of decisions of commune-level People’s Committees

1. Decisions of People’s Committees of communes or district townships are promulgated to implement undertakings and measures in the domains of economy, agriculture, forestry, fishery, irrigation, handicraft and cottage industries, construction, communication and transport, education, healthcare, social affairs, culture, sports and physical training, defense, security, social order and safety, materialization of nationality policies and religion policies, and enforcement of laws in their respective communes or district townships as prescribed in Articles 111, 112, 113, 114, 115, 116 and 117 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

2. Decisions of People’s Committees of wards are promulgated to implement undertakings and measures mentioned in Clause 1 of this Article and other undertakings and measures for urban construction and development in their respective wards as prescribed in Article 118 of the Law on Organization of People’s Councils and People’s Committees and other relevant legal documents of superior State agencies.

Article 20.- Contents of directives of commune-level People’s Committees

Directives of commune-level People’s Committees are promulgated to prescribe measures to direct and inspect operations of agencies, organizations and individuals under their respective management in implementing documents of superior State agencies and People’s Councils of the same level, and their own decisions.

Chapter III

ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING RESOLUTIONS OF PEOPLE’S COUNCILS

Section 1. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING RESOLUTIONS OF PROVINCIAL-LEVEL PEOPLE’S COUNCILS

Article 21.- Formulation, approval and adjustment of programs on making of resolutions of provincial-level People’s Councils

1. Annual resolution-making programs of the provincial-level People’s Councils shall be formulated on the basis of the Party’s lines, undertakings and policies, the socio-economic development, defense and security strategies, State management requirements in their localities, ensuring the implementation of documents of superior State agencies, and guaranteeing the rights and obligations of citizens in their localities.

2. The Standing Bodies of People’s Councils shall assume the prime responsibility for, and coordinate with People’s Committees in, working out tentative resolution-making programs of People’s Councils, and submitting them to People’s Councils for decision at their year-end sessions.

3. In cases where it is necessary to adjust programs on making resolutions of People’s Councils, the Standing Bodies of People’s Councils shall coordinate with the concerned People’s Committees in adjusting and reporting them to the People’s Councils at their nearest sessions.

4. The Standing Bodies of People’s Councils shall have to organize the implementation of resolution-making programs of People’s Councils and assign sections of the People’s Councils to examine the draft resolutions.

Article 22.- Drafting of resolutions of provincial-level People’s Councils

1. Draft resolutions of provincial-level People’s Councils shall be submitted by People’s Committees or by other agencies or organizations under the assignment of the by People’s Council’s Standing Bodies.

2. Draft resolution-submitting agencies shall organize the drafting or assign other agencies to draft resolutions.

3. Drafting agencies have the following tasks:

a/ To survey and assess the actual situation of social relations in the localities, which are related to the drafts; to study the Party’s lines, undertakings and policies, documents of superior State agencies and information and materials related to the drafts;

b/ To compile draft resolutions and reports thereon; to identify documents, articles, clauses and/or points of documents expected to be amended, supplemented, replaced, cancelled or annulled;

c/ To summarize, study and assimilate comments on and revise draft resolutions.

Article 23.- Collection of comments on draft resolutions of provincial-level People’s Councils

Basing themselves on the nature and contents of draft resolutions, the drafting agencies shall organize the collection of comments of concerned agencies and organizations as well as subjects directly affected by resolutions.

Concerned agencies and organizations asked for their comments shall have to reply in writing within five days after receiving draft resolutions.

In cases where comments of subjects directly affected by resolutions are collected, the comment-collecting agencies shall have to identify matters which must be commented and addresses for receiving comments, and set a time limit of at least seven days after the date the comment collection is organized for such subjects to make their comments on draft resolutions.

Article 24.- Examination of draft resolutions of People’s Councils submitted by People’s Committees of the same level

1. Draft resolutions of People’s Councils submitted by People’s Committees of the same level must be examined by judicial agencies of the same level before being submitted to People’s Committees.

At least fifteen days before the People’s Committees hold meetings, the drafting agencies must send draft resolution dossiers to judicial agencies for examination.

2. A dossier to be sent for examination comprises:

a/ A written request for examination;

b/ Draft resolution and report thereon;

c/ Summary of comments on the draft resolution;

d/ Relevant documents.

3. Scope of examination covers:

a/ The necessity to promulgate the resolution;

b/ Regulation subjects and scope of the draft resolution;

c/ The constitutionality, legality and consistency of the draft resolution as compared with the legal system;

d/ Language and document-compiling techniques.

Judicial agencies may give their opinions on enforceability of draft resolutions.

4. At least seven days before People’s Committees hold meetings, the judicial agencies shall send examination reports to drafting agencies. Drafting agencies shall have to study and assimilate examining opinions before revising the draft resolutions.

Article 25.- Draft resolution dossiers to be submitted to provincial-level People’s Committees

1. A draft resolution dossier comprises:

a/ Draft resolution and report thereon;

b/ Examination report;

c/ Relevant documents.

2. Drafting agencies shall have to send draft resolution dossiers to People’s Committees for forwarding to members of People’s Committees at least three days before the People’s Committees hold meetings.

Article 26.- Responsibilities of provincial-level People’s Committees for draft resolutions of the People’s Councils of the same level

1. For draft resolutions submitted by themselves, People’s Committees shall have to collectively study and discuss them, then put them to voting by majority to decide on the submission thereof to the People’s Councils of the same level.

2. For draft resolutions submitted by other agencies or organizations, the People’s Committees shall have to make comments thereon in writing.

At least twenty five days before the opening date of the People’s Council’s session, the draft resolution-submitting agency must send the draft resolution, report thereon and relevant documents to the People’s Committee for its comments.

At least twenty days before the opening date of the People’s Council’s session, the People’s Committee must send its written comments to the draft resolution-submitting agency.

Article 27.- Examination of draft resolutions of provincial-level People’s Councils

1. Draft resolutions of provincial-level People’s Councils must be examined by sections of People’s Councils of the same level before being submitted to People’s Councils.

2. At least fifteen days before the opening date of the People’s Council’s session, the draft resolution-submitting agency shall send draft resolution dossier to the People’s Council’s section assigned to examine for examination. A dossier to be sent for examination comprises:

a/ The draft resolution and report thereon;

b/ Relevant documents.

3. Examination scope covers:

a/ The conformity of the draft resolution’s content with the Party’s lines, undertakings and policies;

b/ The suitability of the draft resolution’s content with the socio-economic situation and development conditions of the locality;

c/ The constitutionality, legality and consistency of the draft resolution as compared with the legal system.

4. Examination report must be sent to the People’s Council’s Standing Body at least seven days before the opening date of the People’s Council’s session.

Article 28.- Draft resolution dossiers to be submitted to provincial-level People’s Councils

1. The People’s Council’s Standing Body shall direct the preparation of draft resolution dossiers to be sent to the People’s Council deputies. A draft resolution dossier comprises:

a/ The draft resolution and report thereon;

b/ Examination report;

c/ The People’s Committee’s comments on draft resolution submitted by other agencies or organizations;

d/ Relevant documents.

2. Draft resolution dossiers must be sent to the People’s Council deputies at least five days before the opening date of the People’s Council’s session.

Article 29.- Order for considering and adopting draft resolutions of provincial-level People’s Councils

1. The consideration and adoption of a draft resolution at the People’s Council’s session shall be conducted according to the following order:

a/ Representative of the draft-submitting agency presents the draft resolution;

b/ Representative of the People’s Council’s section assigned to examine the draft resolution presents the examination report;

c/ The People’s Council discusses and votes to adopt the draft resolution.

2. A draft resolution shall be adopted when it is voted for by more than half of the total number of the People’s Council deputies.

3. Chairmen of People’s Councils shall sign to authenticate resolutions.

Section 2. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING RESOLUTIONS OF DISTRICT-LEVEL PEOPLE’S COUNCILS

Article 30.- Drafting of resolutions of district-level People’s Councils

1. Draft resolutions of the district-level People’s Councils shall be submitted by the People’s Committees of the same level to the People’s Councils. Basing themselves on the nature and contents of resolutions of the People’s Councils, the People’s Committees shall assign agencies to draft them. Drafting agencies shall have to compile draft resolutions and reports thereon.

2. Basing themselves on the natures and contents of draft resolutions, drafting agencies shall organize the collection of comments of concerned agencies and organizations as well as subjects directly affected by resolutions.

Concerned agencies and organizations asked for their comments shall have to reply in writing within three days after receiving the draft resolutions.

In cases where comments of subjects directly affected by resolutions are collected, the comment-collecting agencies shall have to identify matters which must be commented and addresses for receiving comments, and set a time limit of at least five days after the date the comment collection is organized for such subjects to make their comments on draft resolutions.

3. The People’s Committees shall have to collectively study and discuss the draft resolutions, and put them to voting by majority to decide on the submission thereof to the People’s Councils.

The People’s Committees shall have to send draft resolutions, reports thereon and relevant documents to the Standing Bodies of the People’s Councils for forwarding to the People’s Council deputies at least five days before the opening dates of sessions of the People’s Councils.

Article 31.- Examination of draft resolutions of district-level People’s Councils

Draft resolutions of the district-level People’s Councils must be examined by sections of the People’s Councils of the same level before being submitted to the People’s Councils. At least ten days before the opening dates of the People’s Councils’ sessions, the People’s Committees shall have to send the draft resolutions to the People’s Councils’ sections assigned to examine them. Examination scope shall comply with the provisions of Clause 3, Article 27 of this Law.

People’s Councils’ sections assigned to examine draft resolutions shall have to send examination reports to the Standing Bodies of the People’s Councils for forwarding to the People’s Council deputies at least five days before the opening dates of People’s Councils’ sessions.

Article 32.- Order for considering and adopting draft resolutions of district-level People’s Councils

1. The consideration and adoption of a draft resolution at a People’s Council’s session shall be conducted according to the following order:

a/ Representative of the People’s Committee presents the draft resolution;

b/ Representative of the People’s Council’s section assigned to examine the draft resolution presents the examination report;

c/ The People’s Council discusses and votes to adopt the draft resolution.

2. A draft resolution shall be adopted when it is voted for by more than half of the total number of the People’s Council deputies.

3. Chairmen of People’s Councils shall sign to authenticate resolutions.

Section 3. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING RESOLUTIONS OF COMMUNE-LEVEL PEOPLE’S COUNCILS

Article 33.- Drafting of resolutions of commune-level People’s Councils

1. Draft resolutions of commune-level People’s Councils shall be compiled and submitted by People’s Committees of the same level to the People’s Councils.

2. Basing themselves on the natures and contents of draft resolutions, People’s Committee presidents shall organize the collection and assimilation of comments of concerned agencies and organizations, and of people in villages, hamlets or population quarters on such draft resolutions in appropriate forms.

Article 34.- Order for considering and adopting draft resolutions of commune-level People’s Councils

1. At least three days before the opening date of a People’s Committee’s session, the People’s Committee shall send the draft resolution, a report thereon and relevant documents to the People’s Council deputies.

2. The consideration and adoption of a draft resolution at a People’s Council’s session shall be conducted according to the following order:

a/ Representative of the People’s Committee presents the draft resolution;

b/ The People’s Council discusses and votes to adopt the draft resolution.

3. A draft resolution shall be adopted when it is voted for by more than half of the total number of the People’s Council deputies.

4. Chairmen of People’s Councils shall sign to authenticate resolutions.

Chapter IV

ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING DECISIONS AND DIRECTIVES OF PEOPLE’S COMMITTEES

Section 1. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING DECISIONS AND DIRECTIVES OF PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 35.- Formulation, adoption and adjustment of programs on making of decisions and directives of provincial-level People’s Committees

1. Annual decision and directive-making programs of provincial-level People’s Committees shall be formulated on the basis of the Party’s lines, undertakings and policies, the State management requirements in their localities, documents of superior State agencies, and resolutions of the People’s Councils of the same level.

Offices of the People’s Committees shall assume the prime responsibility for, and coordinate with judicial agencies in, working out tentative decision-and directive-making programs of the People’s Committees, and submitting them to the People’s Committees for decision at their January meetings.

2. Decision-and directive-making programs must specify titles of documents, dates of promulgation and document-drafting agencies.

3. In case of necessity, the People’s Committees shall decide to adjust the decision- and directive-making programs.

Article 36.- Drafting of decisions and directives of provincial-level People’s Committees

1. Depending on the natures and contents of decisions or directives, the People’s Committees shall organize the drafting or assign other agencies to draft them.

2. Drafting agencies have the following tasks:

a/ To survey and assess the actual situation of social relations in localities; to study the Party’s lines, undertakings and policies, documents of superior State agencies, resolutions of People’s Councils of the same level, and information and materials related to the drafts;

b/ To compile draft decisions or directives and reports thereon; to identify documents, articles, clauses and/or points of documents expected to be amended, supplemented, replaced, cancelled or annulled;

c/ To summarize, study and assimilate comments on and revise the draft decisions or directives.

Article 37.- Collection of comments on draft decisions or directives of provincial-level People’s Committees

Basing themselves on the natures and contents of draft decisions or directives, the drafting agencies shall organize the collection of comments of concerned agencies and organizations as well as subjects directly affected by such decisions or directives.

Concerned agencies and organizations asked to give their comments shall have to reply in writing within five days after receiving the draft decisions or directives.

In cases where comments of subjects directly affected by decisions or directives are collected, the comment-collecting agencies shall have to identify matters which must be commented and addresses for receiving comments, and set a time limit of at least seven days after the date the comment collection is organized for such subjects to make comments on draft decisions or directives.

Article 38.- Examination of draft decisions or directives of provincial-level People’s Committees

1. Draft decisions or directives of provincial-level People’s Committees must be examined by judicial agencies of the same level before being submitted to the People’s Committees. At least fifteen days before the People’s Committees hold meetings, the drafting agencies must send dossiers of draft decisions or directives to judicial agencies for examination.

2. A dossier to be sent for examination comprises:

a/ A written request for examination;

b/ The draft decision or directive and report thereon;

c/ Summary of comments on the draft decision or directive;

d/ Relevant documents.

3. Scope of examination covers:

a/ The necessity to promulgate the decision or directive; regulation subjects and scope of the draft decision or directive;

b/ The constitutionality, legality and consistency of the draft decision or directive as compared with the legal system;

c/ Language and document-compiling techniques.

Judicial agencies may give their opinions on the enforceability of draft decisions or directives.

4. At least seven days before the People’s Committees hold meetings, judicial agencies shall send examination reports to drafting agencies.

Article 39.- Draft decision or directive dossiers to be submitted to provincial-level People’s Committees

1. Drafting agencies shall send draft decision or directive dossiers to the People’s Committees at least five days before the People’s Committees hold meetings.

2. People’s Committee presidents shall direct the preparation of draft decision or directive dossiers for being handed to members of the People’s Committees at least three days before the People’s Committees hold meetings. A draft decision or directive dossier comprises:

a/ The draft decision or directive and a report thereon;

b/ The examination report;

c/ Summary of comments on the draft decision or directive;

d/ Relevant documents.

Article 40.- Order for considering and adopting draft decisions or directives of the provincial-level People’s Committees

1. The consideration and adoption of a draft decision or directive at a People’s Committee’s meeting shall be conducted according to the following order:

a/ Representative of the drafting agency presents the draft decision or directive;

b/ Representative of the judicial agency presents the examination report;

c/ The People’s Committee discusses and votes to adopt the draft decision or directive.

2. A draft decision or directive shall be adopted when it is voted for by more than half of the total number of the People’s Committee members.

3. The People’s Committee presidents shall sign to promulgate decisions or directives on the People’s Committees’ behalf.

Section 2. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING DECISIONS OR DIRECTIVES OF DISTRICT-LEVEL PEOPLE’S COMMITTEES

Article 41.- Drafting of decisions or directives of district-level People’s Committees

1. Decisions or directives of district-level People’s Committees shall be drafted by professional agencies of People’s Committees under assignment and personal direction by the People’s Committee presidents. Drafting agencies shall have to compile draft decisions or directives and reports thereon.

2. Basing themselves on the natures and contents of draft decisions or directives, drafting agencies shall organize the collection of comments of concerned agencies and organizations as well as subjects directly affected by the decisions or directives.

Concerned agencies and organizations asked to give their comments shall have to reply in writing within three days after receiving the draft decisions or directives.

In cases where comments of subjects directly affected by decisions or directives are collected, the comment-collecting agencies shall have to identify matters which must be commented and addresses for receiving comments, and set a time limit of at least five days after the date the comment collection is organized for such subjects to make comments on the draft decisions or directives.

Article 42.- Examination of draft decisions or directives of district-level People’s Committees

1. Draft decisions or directives of district-level People’s Committees must be examined by judicial agencies of the same level before being submitted to the People’s Committees. At least ten days before the People’s Committees hold meetings, the drafting agencies shall have to send draft decision or directive dossiers to such judicial agencies for examination. Examination scope shall comply with the provisions of Clause 3, Article 38 of this Law.

2. At least seven days before the People’s Committees hold meetings, the judicial agencies shall have to send examination reports to the drafting agencies.

Article 43.- Draft decision or directive dossiers to be submitted to district-level People’s Committees

1. Drafting agencies shall send draft decision or directive dossiers to the People’s Committees at least five days before the People’s Committees hold meetings.

2. The People’s Committee presidents shall direct the preparation of draft decision or directive dossiers to be handed to People’s Committee members at least three days before the People’s Committees hold meetings. A draft decision or directive dossier comprises:

a/ The draft decision or directive and a report thereon;

b/ The examination report;

c/ Summary of comments on the draft decision or directive;

d/ Relevant documents.

Article 44.- Order for considering and adopting draft decisions or directives of district-level People’s Committees

1. The consideration and adoption of a draft decision or directive at a People’s Committee’s meeting shall be conducted according to the following order:

a/ Representative of the drafting agency presents the draft decision or directive;

b/ Representative of the judicial agency presents the examination report;

c/ The People’s Committee discusses and votes to adopt the draft decision or directive.

2. A draft decision or directive shall be adopted when it is voted for by more than half of the total number of the People’s Committee members.

3. The People’s Committee presidents shall sign to promulgate decisions or directives on the People’s Committees’ behalf.

Section 3. ORDER AND PROCEDURES FOR DRAFTING AND PROMULGATING DECISIONS OR DIRECTIVES OF COMMUNE-LEVEL PEOPLE’S COMMITTEES

Article 45.- Drafting of decisions or directives of commune-level People’s Committees

1. The drafting of decisions or directives of commune-level People’s Committees shall be assigned and directed by the People’s Committee presidents.

2. Basing themselves on the natures and contents of draft decisions or directives, the People’s Committee presidents shall organize the collection and assimilation of comments of concerned agencies and organizations, and of people in villages, hamlets or population quarters on such draft decisions or directives, and the revision thereof.

Article 46.- Order for considering and adopting draft decisions or directives of commune-level People’s Committees

1. Organizations or individuals assigned to draft decisions or directives shall send such draft decisions or directives, reports and summaries of comments thereon and relevant documents to the People’s Committee members at least three days before the People’s Committees hold meetings.

2. The consideration and adoption of a draft decision or directive at a People’s Committee’s meeting shall be conducted according to the following order:

a/ Representative of the organization or individual assigned to draft the decision or directive presents the draft decision or directive;

b/ The People’s Committee discusses and votes to adopt the draft decision or directive.

3. A draft decision or directive shall be adopted when it is voted for by more than half of the total number of the People’s Committee members.

4. The People’s Committee presidents shall sign to promulgate decisions or directives on the People’s Committees’ behalf.

Section 4. THE DRAFTING AND PROMULGATION OF DECISIONS OR DIRECTIVES OF PEOPLE’S COMMITTEES IN UNEXPECTED OR URGENT CASES

Article 47.- Promulgation of decisions or directives of People’s Committees in unexpected or urgent cases

In cases where it is necessary to solve unexpected or urgent problems arising in the natural calamity, fire, explosion or epidemic prevention and fight, security and order maintenance, provincial-level, district-level and commune-level People’s Committees shall promulgate their decisions or directives according to the order and procedures prescribed in Article 48 of this Law.

Article 48.- Order and procedures for drafting and promulgating decisions or directives of People’s Committees in unexpected or urgent cases

1. In cases where it is necessary to solve unexpected problems, the order and procedures for drafting decisions or directives shall comply with the following regulations:

a/ People’s Committee presidents shall assign professional agencies of the People’s Committees or individuals to draft decisions or directives and personally direct the drafting;

b/ Drafting organizations or individuals shall have to prepare and send draft decision or directive dossiers to the People’s Committee presidents. A draft decision or directive dossier comprises the draft decision or directive, a report thereon, comments of concerned agencies and organizations, and relevant documents;

c/ The People’s Committee presidents shall direct the sending of draft decision or directive dossiers to People’s Committee members at least one day before the People’s Committees hold meetings.

2. In cases where it is necessary to solve urgent problems, the People’s Committee presidents shall assign and direct the drafting of decisions or directives, and promptly convene meetings of People’s Committees for adoption of the draft decisions or directives.

3. The People’ Committee presidents shall sign to promulgate the decisions or directives on behalf of the People’s Committees.

Chapter V

EFFECT AND PRINCIPLES FOR APPLICATION OF LEGAL DOCUMENTS OF PEOPLE’S COUNCILS, PEOPLE’S COMMITTEES

Article 49.- Spatial effect and application subjects of legal documents of People’s Councils, People’s Committees

1. Legal documents of People’s Councils or People’s Committees of certain administrative units shall be effective within such administrative units.

2. In cases where a legal document of a People’s Council or a People’s Committee is effective within a certain scope of its locality, such a scope must be defined right in such document.

3. Legal documents of People’s Councils and People’s Committees are binding on agencies, organizations and individuals when they participate in social relations governed by such legal documents.

Article 50.- Effect of legal documents of People’s Councils, People’s Committees in case of adjustment of administrative boundaries

1. In cases where an administrative unit is divided into new administrative units, the legal documents of the People’s Council or the People’s Committee of the divided administrative unit shall be effective in the new administrative units until the People’s Councils and People’s Committees of new administrative units promulgate superseding legal documents.

2. In cases where many administrative units are merged into one new administrative unit, the legal documents of the People’s Councils or the People’s Committees of merged administrative units shall be effective within such administrative units until the People’s Council or the People’s Committee of the new administrative unit promulgates superseding legal documents.

3. In cases where parts of the territory and population of an administrative unit are merged into another administrative unit, the legal documents of the People’s Council or the People’s Committee of the expanded administrative unit shall be binding on the merged territory and population section.

Article 51.- Effective dates of legal documents of People’s Councils, People’s Committees

1. Legal documents of provincial-level People’s Councils, People’s Committees shall be effective after ten days and must be published in provincial-level newspapers within five days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of district-level People’s Councils or People’s Committees shall be effective after seven days and must be posted up within three days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of commune-level People’s Councils or People’s Committees shall be effective after five days and must be posted up within two days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of People’s Committees providing for measures to solve unexpected or urgent problems prescribed in Article 47 of this Law may prescribe earlier effective dates.

2. Retrospective effect shall not be prescribed for legal documents of People’s Councils, People’s Committees.

Article 52.- Cessation of effect of legal documents of People’s Councils, People’s Committees

1. Legal documents of People’s Councils or People’s Committees, which are suspended from implementation, shall cease to be effective until the issuance of handling decisions of competent State agencies or individuals. In cases where they are not cancelled or annulled, such documents shall continue to be effective. In cases where they are cancelled or annulled, they shall be invalidated.

2. Dates of effect cessation, effect resumption or invalidation of legal documents must be clearly stated in implementation-suspending documents or handling documents of competent State agencies or individuals.

3. Implementation-suspending documents or handling documents of competent State agencies or individuals against unlawful documents of provincial-level People’s Councils or People’s Committees must be published in provincial-level official gazettes or announced on local mass media.

Implementation-suspending documents or handling documents of competent State agencies or individuals against unlawful documents of district-level or commune-level People’s Councils or People’s Committees must be posted up and/or published on local mass media.

Article 53.- Cases where legal documents of People’s Councils or People’s Committees are invalidated

1. Legal documents of People’s Councils or People’s Committees are invalidated in the following cases:

a/ Effective duration prescribed in such documents expires;

b/ They are replaced by new documents of the very agencies having promulgated them;

c/ They are cancelled or annulled under documents of competent State agencies or individuals;

d/ Their governing subjects no longer exist.

2. Where legal documents of People’s Councils or People’s Committees are invalidated, documents detailing or guiding the implementation thereof shall also be invalidated.

Article 54.- Application of legal documents of People’s Councils or People’s Committees

1. Legal documents of People’s Councils or People’s Committees shall apply as from their effective dates.

2. In cases where legal documents of People’s Councils or People’s Committees of the same level contain different provisions on the same matter, the legal documents of the People’s Councils shall apply.

3. In cases where resolutions of the same People’s Council contain different provisions on the same matter, the provisions of the latest resolutions shall apply.

4. In cases where decisions and/or directives of the same People’s Committee contain different provisions on the same matter, the provisions of the latest decisions and/or directives shall apply.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 55.- Support funding for the compilation of legal documents of People’s Councils, People’s Committees

Support funding for the compilation of legal documents of People’s Councils, People’s Committees shall be allocated from local budgets and estimated in regular operation funding of People’s Councils, People’s Committees.

Article 56.- Implementation effect

This Law takes effect as from April 1, 2005.

This Law was passed on December 3, 2004 by the XI^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Van An