Chương 3 Luật Ban hành văn bản quy phạm pháp luật của Hội đồng nhân dân và Uỷ ban nhân dân 2004: Trình tự, thủ tục soạn thảo, ban hành nghị quyết của hội đồng nhân dân

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.