Chương 4 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 quyết định, chỉ thị của uỷ ban nhân dân

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.