Chapter II
MAKING OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Section 1. FORMULATION OF CONTENTS OF POLICIES AND REGULATORY IMPACT ASSESSMENT
Article 4. Cases requiring the making of proposals for formulation of legal documents
1. Laws and ordinances.
2. The National Assembly’s resolutions prescribed at Points b and c, Clause 2, Article 15 of the Law; and the National Assembly Standing Committee’s resolutions prescribed at Point b, Clause 2, Article 16 of the Law.
3. The Government’s decrees prescribed in Clauses 2 and 3, Article 19 of the Law.
4. Resolutions of provincial-level People’s Councils which are prescribed in Clauses 2, 3 and 4, Article 27 of the Law.
Article 5. Formulation of contents of policies
1. Identifying issues which need to be resolved and causes of each issue.
2. Identifying general and specific objectives which need to be obtained when resolving issues.
3. Identifying orientations and solutions for resolving each issue.
4. Identifying subjects directly affected by policies and groups of subjects responsible for implementing the policies.
5. Identifying the competence to promulgate policies for resolving issues.
Article 6. Regulatory impact assessment
The to-be-assessed impacts of a policy include:
1. Economic impacts, which shall be assessed on the basis of conducting cost-benefit analysis for one matter or several matters related to production, business, consumption, the investment and business environment, competitiveness of enterprises, organizations and individuals, national or local economic development structure, public spending, public investment and other economic matters.
2. Social impacts, which shall be assessed on the basis of analyzing and forecasting impacts on one matter or several matters related to population, employment, property, health, the environment, healthcare, education, travel, poverty reduction, traditional cultural value, community connection, social affairs, and other social affairs.
3. Gender impacts (if any), which shall be assessed on the basis of analyzing and forecasting economic and social impacts related to the opportunities, conditions and capacity of exercising rights and enjoying benefits of each gender.
4. Impacts of administrative procedures (if any), which shall be assessed on the basis of analyzing and forecasting the necessity, lawfulness, reasonability and observance costs of administrative procedures to implement the policy.
5. Impacts on the legal system, which shall be assessed on the basis of analyzing and forecasting agencies’, organizations’ and individuals’ capacity for implementing and observing the policy, impacts on the state apparatus, and Vietnam’s capacity for implementing and observing treaties.
Article 7. Methods of regulatory impact assessment
Regulatory impact assessment shall be conducted by the quantitative and qualitative methods. In case of impossibility to apply the quantitative method, a regulatory impact assessment report must clearly state the reason.
Article 8. Responsibility to make regulatory impact assessment reports
1. Agencies, organizations and National Assembly deputies that make proposals for formulation of legal documents shall:
a/ Make regulatory impact assessment reports according to form No. 1 provided in Appendix V to this Decree;
b/ Collect opinions and criticism opinions on draft regulatory policy impact assessment reports; accept such opinions and finalize draft reports.
2. The National Assembly Office, National Assembly delegations’ offices and the Legislative Research Institute which are requested by National Assembly deputies to support the latter in making law or ordinance formulation proposals shall support National Assembly deputies in making regulatory impact assessment reports in accordance with this Decree.
Article 9. Use of information when making regulatory impact assessment reports
Information used to make regulatory impact assessment reports must be accurate and truthful with sources of information cited.
Section 2. COLLECTION OF OPINIONS ON PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 10. Responsibility to collect opinions in the course of making proposals for formulation of legal documents
In the course of making a proposal for formulation of a legal document, the proposal- making agency shall:
1. Collect opinions of subjects directly affected by the policies determined in the proposal and of related agencies, organizations and individuals as prescribed by the Law, and summarize, study, explain and accept such opinions.
2. Clearly identify each policy in the proposal on which opinions need to be collected in conformity with each subject whose opinions shall be collected and addresses for receiving opinions.
3. Send a dossier of proposal for legal document formulation to ministries, ministerial-level agencies, government-attached agencies and related agencies and organizations, for proposals for formulation of legal documents of central agencies, or to specialized agencies under the provincial-level People’s Committee, related line ministries and ministerial-level agencies, and other related agencies and organizations, for proposals for formulation of resolutions of provincial-level People’s Councils.
4. Send a dossier of proposal for legal document formulation to the Central Committee of the Vietnam Fatherland Front, for proposals for formulation of legal documents of central agencies, or to the provincial-level Committee of the Vietnam Fatherland Front, for proposals for formulation of resolutions of provincial-level People’s Councils, or to the Vietnam Chamber of Commerce and Industry, for proposals for formulation of legal documents related to rights and obligations of enterprises, to collect their opinions.
5. Hold meetings to collect opinions on basic policies determined in the proposal when necessary.
6. Study opinions so as to finalize the proposal for legal document formulation. The explanatory report on acceptance of opinions shall be published together with other documents in the dossier of proposal for legal document formulation on the Government Portal, the e-portal of the concerned province or centrally run city and the e-portal or website of the proposal-making agency.
Article 11. Organizations’ and individuals’ participation in the course of making proposals for formulation of legal documents
In the course of making a proposal for formulation of a legal document, the proposal-making agency or organization may mobilize the participation of research institutes, universities, societies, associations, other related organizations, specialists and scientists in the following activities:
1. Reviewing and evaluating the situation of law enforcement; reviewing and evaluating current legal documents.
2. Conducting sociological surveys and investigations; evaluating the actual status of social relations concerning the policies determined in the proposal.
3. Collecting, studying and comparing documents and treaties related to the policies determined in the proposal.
4. Conducting regulatory impact assessment for the policies determined in the proposal.
Article 12. Government’s giving of opinions on proposals for formulation of legal documents not to be submitted by the Government and recommendations on laws and ordinances
1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Government Office and related agencies and organizations in. preparing the Government’s opinions on proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances for discussion by the Government.
When necessary, the Ministry of Justice may send dossiers of proposal for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances to related ministries and ministerial-level agencies for opinion; hold meetings with the participation of representatives of the proposal- making agencies, ministries, ministerial-level agencies, related agencies and organizations, specialists and scientists to collect their opinions on the proposals.
2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, accepting opinions of the Government in order to revise draft documents on the Government’s opinions on proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances for submission to the Prime Minister for consideration and decision.
Section 3. APPRAISAL OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 13. Responsibility to appraise proposals for formulation of legal documents
1. The Ministry of Justice shall:
a/ Organize the appraisal of proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee to be submitted by the Government, and decrees of the Government, ensuring the drafting schedule and quality;
b/ Study contents related to proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government;
c/ When necessary, hold appraisal consultancy meetings or establish appraisal consultancy councils with the participation of representatives of the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Government Office, related agencies and organizations, specialists and scientists;
d/ Request agencies that make proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government, to explain about the proposals and provide information and documents relating to the policies determined in the proposals;
dd/ When necessary, organize seminars and talks about proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees* of the Government.
2. Provincial-level Justice Departments shall:
a/ Organize the appraisal of proposals for formulation of resolutions of provincial-level Councils to be submitted by provincial-level People’s Committees, ensuring drafting schedule and quality;
b/ Study contents related to resolution formulation proposals;
c/ When necessary, hold appraisal consultancy meetings or form appraisal consultancy councils with the participation of representatives of provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, provincial-level People’s Committee Offices, related agencies and organizations, specialists and scientists;
d/ When necessary, hold seminars and talks about resolution formulation proposals.
Article 14. Responsibilities of agencies making proposals for formulation of legal documents and agencies involved in appraisal of proposals for formulation of legal documents
1. A ministry or ministerial-level agency that makes a proposal for formulation of a law or an ordinance of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee, or a decree of the Government shall:
a/ Send a proposal dossier as prescribed in Clause 1, Article 37 or Article 87 of the Law to the Ministry of Justice for appraisal;
b/ Provide relevant information and documents; give explanations about the proposal at the request of the Ministry of Justice;
c/ Ensure the participation of the Ministry of Justice and the Government Office in the course of making the proposal; study and accept appraisal opinions and revise the proposal on the basis of appraisal opinions for submission to the Government;
d/ Send the revised proposal, together with an explanatory report on acceptance of appraisal opinions, to the Ministry of Justice when submitting the proposal to the Government.
2. The Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs and the Government Office shall appoint representatives to participate in the appraisal of proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee and decrees of the Government, which are appraised by the Ministry of Justice.
3. An agency or organization that makes a proposal for formulation of a resolution of a provincial-level People’s Council shall:
a/ Send a proposal dossier as prescribed in Article 114 of the Law to the provincial-level Justice Department for appraisal;
b/ Provide relevant information and documents; appoint representatives to join the appraisal consultancy council and attend appraisal meetings at the request of the provincial- level Justice Department;
c/ Ensure the participation of the provincial-level Justice Department and People’s Committee Office in the course of making the proposal; study and accept appraisal opinions and revise the proposal on the basis of appraisal opinions for submission to the provincial-level People’s Committee.
4. The provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, and provincial-level People’s Committee Office shall appoint representatives to join the appraisal of a proposal for formulation of a resolution of the provincial-level People’s Council, which is appraised by the provincial-level Justice Department.
Article 15. Receipt and examination of dossiers of proposal for formulation of legal documents
1. The Ministry of Justice shall receive and examine dossiers of proposal for formulation of laws and ordinances of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government.
In case a dossier fails to meet the requirements specified in Clause 1, Article 37. and Article 87 of the Law, within 2 working days after receiving the dossier, the Ministry of Justice shall request the proposal-making agency to supplement the dossier. The proposal-making agency shall supplement the dossier at the request of the Ministry of Justice.
2. Provincial-level Justice Departments shall receive and examine dossiers of proposal for formulation of resolutions of provincial-level People’s Councils to be submitted by provincial- level People's Committees.
In case a dossier fails to meet the requirements prescribed in Article 114 of the Law, within 2 working days after receiving the dossier, the provincial-level Justice Department shall request the proposal-making agency to supplement the dossier. The proposal-making agency shall supplement the dossier at the request of the provincial-level Justice Department.
Article 16. Appraisal reports
1. Appraisal reports shall be made on the basis of studying, and results of appraisal meetings on, proposals for formulation of legal documents.
2. In case the Ministry of Justice or a provincial-level Justice Department concludes that a proposal for formulation of a legal document is unqualified for submission to the Government or the provincial-level Justice Committee, the Ministry of Justice or the provincial-level Justice Department shall state the reason in the appraisal report.
Section 4. APPROVAL OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 17. Submission of proposals for formulation of legal documents
1. Proposal-making agencies shall revise and finalize dossiers of proposal for formulation of legal documents for submission to the Government or provincial-level People’s Committees.
2. Responsibility to receive and examine dossiers of proposal for formulation of legal documents:
a/ The Government Office shall receive and examine dossiers of proposal for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government;
b/ Provincial-level People’s Committee Offices shall receive and examine dossiers of proposal for formulation of resolutions of provincial-level People’s Councils.
In case a dossier is incomplete as prescribed in the Law and this Decree, within 3 working days after receiving the dossier, the provincial-level People’s Committee Office shall request the proposal-making agency to complete the dossier, and shall include the proposal in the agenda of the nearest upcoming working session of the provincial-level People’s Committee within 5 working days after receiving the dossier.
Article 18. Approval of proposals for formulation of legal documents
1. The Government shall consider proposals for formulation of laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; and decrees of the Government at its regular meetings. In case many proposals are made at the same time or according to the working agendas of the Government and the Prime Minister, the Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, proposing the holding of a specialized legislative meeting of the Government.
On the basis of the Government’s resolution approving a proposal for legal document formulation, the proposal-making agency shall take the initiative in drafting the document.
2. Provincial-level People’s Committees shall consider and approve proposals for formulation of resolutions of provincial-level People’s Councils at their regular meetings for submission to provincial-level People’s Council Standing Bodies. In case of approval, provincial-level People’s Council Standing Bodies shall issue a document assigning agencies and organizations to submit the draft resolutions, stating the deadline for submission to provincial- level People’s Councils and assigning provincial-level People’s Committees to allocate funds for the drafting.
Tìm kiếm
Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật (Bản Pdf)
Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật (Bản Word)