Chương VIII Luật ban hành văn bản quy phạm pháp luật 2015: Xây dựng, ban hành nghị quyết của hội đồng nhân dân cấp tỉnh

Chapter VIII

FORMULATION AND PROMULGAION OF RESOLUTIONS OF THE PEOPLE’S COUNCILS OF PROVINCES

Article 111. Request for resolution formulation

1. Pursuant to legislative documents of superior agencies, the People’s Committees of provinces, committees of the People’s Councils of provinces, committees of Vietnamese Fatherland Front of provinces shall make request for formulation of resolutions of the People’s Councils themselves or at the request of an organization or deputy of the People’s Council to elaborate legislative documents of superior regulatory agencies as assigned or to perform the duties and entitlements of the People’s Councils of provinces.

2. The request for resolution formulation of the People’s Council of a province shall be sent to Standing Committee of the People’s Council for consideration.

3. If the request for resolution formulation of the People’s Council of a province has the contents prescribed in Clauses 2, 3, 4 Article 27 of this Law, it must apply Articles from 112 to 116 of this Law before being submitted to Standing Committee of the People’s Council.

Article 112. Responsibilities of agencies requesting formulation of resolutions

1. Reckon up the implementation of regulations of law, assess applicable legislative documents related to the request for formulation of the resolution; survey, assess social relationships relevant to the main contents of the draft resolution.

Request relevant agencies to assess the implementation of legislative documents under their management that are related to the draft resolution.

2. Study information, materials, and relevant international agreements to which Socialist Republic of Vietnam is a signatory. Request relevant organizations and individuals to provide documents and information related to the draft resolution where necessary.

3. Develop policies proposed in the request for formulation of the resolution; assess the impact of such policies; anticipate necessary resources and conditions for ensuring the implementation of resolution after it is ratified by the People’s Council.

4. Prepare documents to request resolution formulation as prescribed in Article 114 of this Law.

5. Seek opinions from relevant organizations and individuals about the request for resolution formulation; receive, consider, explain, and summarize the opinions offered.

Article 113. Seeking opinions about request for resolution formulation

1. The agency that makes the request for resolution formulation shall seek opinions from the entities under the direct impact of the proposed policies and relevant organizations; specify the issues that need opinions and address for receipt of opinions; post the entire request for resolution formulation on the information portal of the provincial government for at least 30 days.

Apart from posting the request as prescribed in this Clause, opinions may be obtained by asking directly, sending the draft resolution, holding conferences, or using the media.

2. The agency that seeks opinions form entities under the direct impact of the proposed policies must specify the issues that need opinions and give them at least 10 days to provide their opinions. The agency that makes the request for resolution formulation may hold direct discussion about the proposed policies with entities under the direct impact of the draft resolution if necessary.

3. The enquired organizations shall give written responses within 10 days from the receipt of the request.

Article 114. Documents for requesting resolution formulation

1. The request for resolution formulation which specifies the necessity of the resolution; purposes and viewpoints on the resolution formulation; scope and regulated entities of the resolution; purposes and targets of proposed policies; solutions for implementation of selected policies; intended time for requesting the People’s Council to consider ratifying; anticipated resources and conditions for implementation of the resolution.

2. Assessment of impact of each proposed policy which specifies issues to be solved; targets of the policies; solutions for implementation the policies; positive and negative impacts of the policies; costs, benefits of solutions; comparison of costs and benefits of solutions; selected solution and reason for such selection; assessment of gender-related impact of the proposed policies (if any).

3. A report on implementation of law or issues related to the policies.

4. A report on receipt of opinions from other agencies, organizations, individuals and entities under the direct impact of the draft resolution; photocopies of enquiry sheets;

5. Outline of the draft resolution.

6. Other documents (if any).

Article 115. Appraising request for resolution formulation to be submitted to the People’s Committee of the province

1. The Department of Justice shall take charge and cooperate with Department of Finance, Department of Internal Affairs, and relevant organizations in appraising the request for resolution formulation.

2. Documents for appraising the request for resolution formulation are prescribed in Article 114 of this Law.

Documents mentioned in Clause 1 and Clause 2 Article 114 of this Law must be sent in writing, other documents may be sent electronically.

3. The request for resolution formulation shall be appraised within 15 days from the day on which sufficient documents are received. The appraisal contents are the same as those prescribed in Clause 3 Article 39 of this Law.

4. The appraisal report must contain opinions of the Department of Justice about the appraised contents mentioned in Clause 3 of this Article and whether or not the request for resolution formulation is satisfactory to be submitted to the People’s Committee of the province for consideration.

5. The appraisal report must be sent to the agency requesting the resolution formulation within 10 days from the end of the appraisal. The agency making the request for resolution formulation consider revising the request for resolution formulation and send a revision report together with the revised request for resolution formulation to the Department of Justice when submitting it to the People’s Committee of the province.

Article 116. Appraising proposed policies in request for resolution formulation

1. The People’s Committee of the province shall consider, discuss, and cast votes on the policies in each request for resolution formulation which is made by the People’s Committee of the province.

2. If the request for resolution formulation is made by another organization as prescribed in Article 111 of this Law, such organization shall ratify the proposed policies.

Article 117. Submitting request for resolution formulation

1. The organization mentioned in Clause 1 Article 111 of this Law shall submit documents of the request for resolution formulation to Standing Committee of the People’s Council.

2. Documents of request for resolution formulation mentioned in Clause 1 Article 27 of this Law include:

a) The request for resolution formulation;

b) An explanation of basis for promulgation of the resolution; scope and regulated entities of the resolution; main contents of the resolution; intended time for requesting the People’s Council to consider ratifying; anticipated resources and conditions for implementation of the resolution.

3. Documents of request for resolution formulation mentioned in Clauses 2, 3, 4 Article 27 of this Law include:

a) The documents mentioned in Article 114 of this Law;

b) Report on appraisal of request for resolution formulation of the Department of Justice;

c) A decision to ratify proposed policies of a competent authority prescribed in Article 116 of this Law.

Article 118. Appointment of resolution-drafting agency

Standing Committee of the People’s Council of the province shall consider the request for resolution formulation, appoint an agency responsible for submitting the draft resolution, and decide the deadline for submitting the draft resolution to the People’s Council of the province; the submitting agency shall appoint a drafting agency.

Article 119. Duties of the drafting agency

1. Organize the drafting of the resolution; ensure the conformity of the draft resolution with elaborated legislative documents in the case mentioned in Clause 1 Article 27 of this Law; ensure the consistency of the draft resolution with ratified policies in the cases mentioned in Clauses 2, 3, 4, Article 27 of this Law.

2. Seek opinions, revise the draft resolution, make a report on receipt of opinions, and post these documents on the information portal of the provincial government.

Article 120. Seeking opinions about the draft resolution

1. The draft resolution of the People’s Council of the province must be posted in full on the information portal of the provincial government for at least 30 days.

2. The drafting agency shall seek opinions form relevant organizations.

In case of seeking opinions form entities under the direct impact of the proposed policies, the drafting agency must specify the issues that need opinions and give them at least 30 days to provide their opinions.

3. The enquired organizations must give written responses within 10 days from the receipt of the request.

Article 121. Appraising draft resolution to be submitted by the People’s Committee of the province

1. The draft resolution of the People’s Council of a province submitted by the People’s Committee of the same province must be appraised by the Department of Justice before submission.

If necessary, the Department of Justice shall request the drafting agency to report the issues related to the draft resolution; conduct surveys into issues of the draft resolution itself or in cooperation with the drafting agency. The drafting agency has the responsibility to provide information and documents serving the appraisal of the draft resolution.

If the draft resolution involves various fields or sectors or drafted by the Department of Justice, Director of the Department of Justice shall establish an appraisal council which consists of representatives of relevant organizations, experts, and scientists.

The drafting agency must send documents about the draft resolution to the Department of Justice for appraisal at least 20 days before the People’s Committee holds a meeting.

2. Documents sent to the appraising agency include:

a) A description of the draft resolution;

b) The draft resolution;

c) The report on receipt and explanation of opinions; photocopies of enquiry sheets;

d) Other documents (if any).

The documents mentioned in Point a and Point b of this Clause shall be sent in writing, other documents may be sent electronically.

3. Appraisal contents:

a) Scope and regulated entities of the draft resolution;

b) The constitutionality, legitimacy, and consistency of the draft resolution with the legal system;

c) The consistency of the draft resolution with regulations elaborated by the People’s Council; the draft resolution and policies proposed in the request for resolution formulation which have been ratified as prescribed in Article 116 of this Law;

d) Language, format of the document.

4. The appraisal report must contain opinions of the appraising agency about the issues mentioned in Clause 3 of this Article and whether or not the draft resolution is satisfactory enough to be submitted to the People’s Committee.

The appraisal report must be sent to the drafting agency within 10 days from the day on which sufficient documents are received by Departments of Justice.

5. The drafting agency must receive and consider opinions provided by the appraising agency to revise and complete the draft resolution, send a report together with the revised draft to the Department of Justice when submitting the draft resolution to the People’s Committee.

Article 122. Documents about draft resolution submitted to the People’s Committee of the province

1. Documents about draft resolution submitted to the People’s Committee of the province include:

a) A description of the draft resolution;

b) The draft resolution;

c) Report on appraisal and receipt of opinions from the appraising agency;

d) Report on receipt and explanation of opinions for other organizations and individuals;

dd) Other documents (if any).

The documents mentioned in Points a, b, c of this Clause shall be sent in writing, other documents may be sent electronically.

2. The drafting agency shall send documents about the draft resolution to the People’s Committee in order to be sent to members of the People’s Committee at least 03 working days before the meeting date of the People’s Committee.

Article 123. Responsibility of the People’s Committee of a province for draft resolution of the People’s Council of the same province

1. The People’s Committee of the province that submits the draft resolution shall consider, discuss, and cast votes to decide the submission of such draft resolution to the People’s Council of the same province.

2. If the draft resolution is submitted by another organization, the People’s Committee shall offer opinions in writing.

At least 25 days before the first meeting date of the People’s Council, the submitting agency must send the description, the draft resolution and relevant documents to the People’s Committee of the province for offering opinions.

At least 20 days before the first meeting date of the People’s Council, the People’s Committee must send written opinions to the submitting agency.

Article 124. Inspecting resolutions of the People’s Councils of provinces

1. The draft resolution of the People’s Council of a province must be inspected by an inspecting board of the People’s Council before being submitted to the People’s Council.

2. At least 15 days before the first meeting date of the People’s Council, the agency submitting the draft resolution must send documents about the draft resolution to the inspecting board of the People’s Council. Documents sent to the inspecting board include:

a) A description of the draft resolution;

b) The draft resolution;

c) Report on inspection and receipt of inspecting board’s opinions about the draft resolution submitted by the People’s Committee; opinions of the People’s Committee and report on receipt of opinions of the People’s Committee about the draft submitted by the inspecting board or committee of Vietnamese Fatherland Front;

d) The report on receipt of opinions of other organizations and individuals; photocopies of enquiry sheets;

dd) Other documents (if any).

The documents mentioned in Points a, b, c of this Clause shall be sent in writing, other documents may be sent electronically.

3. The inspection shall focus on:

a) Contents of the resolution and remaining issues in dispute;

b) Conformity of draft resolution with policies of Communist Party and the State;

c) Suitability of the draft resolution for local socio-economic development;

d) The constitutionality, legitimacy, and consistency of the draft resolution with the legal system.

4. The inspection report must contains the opinions of the inspecting agency about the issues mentioned in Article 3 of this Law, necessary revisions, and solutions for issues in dispute,.

The inspection report must be sent to Standing Committee of the People’s Council at least 10 days before the first meeting date of the People’s Council.

Article 125. Documents about draft resolution submitted to the People’s Council of the province

1. Standing Committee of the People’s Council shall direct the preparation of documents about the draft resolution to be sent to deputies of the People’s Council. Documents about the draft resolution include:

a) The documents mentioned in Clause 2 Article 124 of this Law;

b) The inspection report;

c) Opinions of the People’s Committee of the province about the draft resolution submitted by another organization;

d) Other documents (if any).

Documents mentioned in Point a Clause 2 Article 124 of this Law and Point b of this Clause must be sent in writing, other documents may be sent electronically.

2. Documents about the draft resolution must be sent to all deputies of the People’s Council at least 07 days before the first meeting date of the People’s Council.

Article 126. Procedures for considering and ratifying draft resolutions of the People’s Council of the province

1. The draft resolution shall be considered and ratified in the following order:

a) The representative of the submitting agency presents the draft resolution;

b) The representative of inspecting board of the People’s Council presents inspection report;

c) The People’s Council discusses;

d) Standing Committee of the People’s Council of the province directs the inspecting board of the People’s Council to cooperate with the submitting agency and Departments of Justice in explaining and revising the draft resolution;

dd) The People’s Council discusses and cast votes on ratification of the draft resolution.

2. The draft resolution shall be ratified when it is voted for by more than half of the deputies of the People’s Council.

3. President of the People’s Council signs the resolution.

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