Chương III: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Lập đề nghị của chính phủ về chương trình xây dựng luật, pháp lệnh

Chapter III

MAKING OF THE GOVERNMENT’S PROPOSALS ON LAW- AND ORDINANCE- MAKING PROGRAMS

Article 19. Sending and receipt of dossiers of proposal for law and ordinance formulation

1. Annually, by December 31 at the latest, ministries and ministerial-level agencies shall send to the Ministry of Justice dossiers of proposal for formulation of laws and ordinances of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, which have been revised based on the Government’s resolutions.

2. The Ministry of Justice shall receive and examine dossiers of proposal for formulation of laws and ordinances of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, which have been approved by the Government, so as to make the Government’s proposals on law- and ordinance-making programs.

Article 20. Responsibility to make the Government’s proposals on law- and ordinance- making programs

1. On the basis of law and ordinance formulation proposals of ministries and ministerial- level agencies, which have been approved by the Government, the Ministry of Justice shall draft the Government’s proposals on law- and ordinance-making programs.

2. The making of the Government’s proposals on law- and ordinance-making programs must ensure:

a/ Conditions for drafting and implementing documents;

b/ Feasibility of law- and ordinance-making programs;

c/ Consistency and uniformity of the legal system;

d/ Order of priority of the Government and the Prime Minister for proposals in law- and ordinance-making programs.

3. The Government’s draft proposals on law- and ordinance-making programs shall be circulated to ministries, ministerial-level agencies and related agencies and organizations for opinion.

4. On the basis of collected opinions, the Ministry of Justice shall revise and finalize the Government’s draft proposals on law- and ordinance-making programs for submission to the Government.

Article 21. Submission of the Government’s draft proposals on law- and ordinance-making programs to the Government

1. A dossier of a draft proposal on a law- and ordinance making program must comprise:

a/ The Ministry of Justice’s report, clearly stating the situation of implementation of the previous year’s law- and ordinance-making program, principles of making the proposal, basic contents of the proposal, matters on which opinions remain divergent and opinions of the Ministry of Justice;

b/ The Government’s draft proposal on the law- and ordinance-making program, clearly stating titles of documents, intended time for submission to the National Assembly and National Assembly Standing Committee for opinion and approval;

c/ Electronic files of the documents prescribed in Clause 1, Article 37 of the Law, which have been revised based on the Government’s opinions.

2. The Government’s draft proposal on the annual law- and ordinance-making program shall be discussed and approved at the Government’s regular meeting of January of the year preceding the year when it is expected to be submitted to the National Assembly and National Assembly Standing Committee.

Article 22. Finalization of the Government’s proposals on law- and ordinance-making programs after they are approved by the Government

1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, accepting opinions of members of the Government and finalizing the Government’s proposals on law- and ordinance-making programs.

2. On the basis of opinions of the Prime Minister, the Minister of Justice shall, under the authorization of the Prime Minister and on behalf of the Government, sign, reports on submission of the Government’s proposals on law- and ordinance-making programs to the National Assembly Standing Committee.

Article 23. Responsibility to implement law- and ordinance-making programs

1. Based on a law- and ordinance-making program of the National Assembly, the Ministry of Justice shall:

a/ Assume the prime responsibility for, and coordinate with the Government Office in, drafting and submitting to the Prime Minister for promulgation a decision assigning agencies in charge of, and agencies coordinating in, the drafting and determining the time for submission of draft laws and ordinances to the Government:

b/ Monitor, urge and examine the drafting so as to ensure drafting schedule and quality;

c/ Quarterly report to the Prime Minister on the situation, schedule and matters arising in the course of implementing the law- and ordinance-making program.

2. Agencies assigned to take charge of drafting laws and ordinances shall ensure drafting schedule and quality; monthly update e-information and quarterly send written reports on the implementation of the law- and ordinance-making program and the drafting schedule to the Ministry of Justice.

Article 24. Proposals for adjustment of law- and ordinance-making programs

1. Ministries and ministerial-level agencies shall propose adjustments to a law- and ordinance-making program in the cases prescribed in Article 51 of the Law.

In case of proposing for removal of a law or an ordinance from a law- or ordinance-making program, the proposing agency shall make a report, clearly stating the reason; in case of proposing for adjustment of the time for submission of a draft law or ordinance, the proposing agency shall make a report, clearly stating the reason, solutions and time for submission.

2. The Government shall decide on adjustments to law- and ordinance-making programs and submit such adjustments to the National Assembly and National Assembly Standing Committee.

The Minister of Justice shall, under the authorization of the Prime Minister and on behalf of the Government, sign reports on submission of the Government’s proposal for adjustments to law- and ordinance-making programs to the National Assembly Standing Committee.

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