THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 03/2007/QD-TTg
Hanoi, January 10, 2007
 
DECISION
PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF DRAFTING BOARDS
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 12, 1996 Law on Promulgation of Legal Documents and the December 16, 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;
Pursuant to the Government's Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;
At the proposal of the Minister of Justice,
DECIDES:
Article 1.-To promulgate together with this Decision the Regulation on organization and operation of boards for drafting bills, ordinances or resolutions of the National Assembly or the National Assembly Standing Committee, which are submitted by the Government to the National Assembly or the National Assembly Standing Committee, resolutions or decrees of the Government.
Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."
Article 3.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decision.
 
 
PRIME MINISTER


Nguyen Tan Dung
 
REGULATION
ON ORGANIZATION AND OPERATION OF DRAFTING BOARDS
(Promulgated together with the Prime Minister's Decision No. 03/2007/QD-TTg of January 10, 2007)
Chapter I
GENERAL PROVISIONS
Article 1.- Subjects and scope of regulation
This Regulation provides for the organization and operation of the Board for drafting a bill, ordinance or resolution (below collectively referred to as bill or draft) of the National Assembly or the National Assembly Standing Committee, which is submitted by the Government to the National Assembly or the National Assembly Standing Committee; and of the Board for drafting a Government resolution or decree (below collectively referred to as draft).
This Regulation also applies to the Board for drafting a Prime Minister decision or directive in case the Drafting Board is set up under the provisions of Clause 1, Article 23 of the Government's Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents.
Article 2.- Organization and operation principles of the Drafting Board
1. A drafting board shall be organized and operate on the following principles:
a/ Assurance of coordination among ministries, branches and concerned agencies and organizations;
b/ Assurance of participation of experts and scientists; democracy, objectivity and scientificity in the elaboration of the document;
c/ Raising of responsibilities of the head and members of the Drafting Board and agencies and organizations having members in the Drafting Board;
d/ Regular operation and collective discussion.
2. The Board for drafting a bill, ordinance or resolution of the National Assembly or the National Assembly Standing Committee shall terminate its operation and automatically dissolve when the bill or draft is passed, unless the Drafting Board is concurrently responsible for elaborating guiding decrees under the provisions of Clause 2, Article 22 of the Government's Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents.
The Board for drafting a Government resolution or decree shall terminate its operation and automatically dissolve when the draft is adopted by the Government.
Chapter II
ORGANIZATION OF DRAFTING BOARDS
Section 1. ORGANIZATION OF THE BOARDS FOR DRAFTING BILLS, ORDINANCES OR RESOLUTIONS OF THE NATIONAL ASSEMBLY OR THE NATIONAL ASSEMBLY STANDING COMMITTEE OR DRAFTING DECREES UNDER POINT B, CLAUSE 2, ARTICLE 56 OF THE LAW ON PROMULGATION OF LEGAL DOCUMENTS
Article 3.- Setting up of the Drafting Board
1. The Prime Minister shall set up the Board for drafting a bill, ordinance or resolution of the National Assembly or the National Assembly Standing Committee or a Government decree (below referred to as independent decree for short) under Point b, Clause 2, Article 56 of the Law on Promulgation of Legal Documents.
When a bill, ordinance or resolution of the National Assembly or the National Assembly Standing Committee has contents related to many branches or domains, the Prime Minister shall propose the National Assembly Standing Committee to set up the Drafting Board.
2. The Board for drafting a bill or elaborating a draft shall be set up by a minister, head of a ministerial-level agency, head of a government-attached agency or other agency under the Prime Minister's authorization.
Article 4.- Composition of the Drafting Board
1. The Drafting Board consists of its head who is the head of the drafting agency and other members who are representatives of the Justice Ministry, the Government Office and concerned agencies and organizations, and experts and scientists. Other members of the Drafting Board must be department directors or persons of equivalent or higher position.
2. Members of the Drafting Board must be knowledgeable of professional issues related to the bill or draft; they shall reserve time for participating in activities of the Drafting Board.
3. The Drafting Board must have at least 9 (nine) members, of whom representatives of the drafting agency and concerned agencies and organizations account for 2/3 (two-thirds) and the remaining members are experts and scientists.
Article 5.- Tasks of the Drafting Board
1. To review the enforcement of law and assess existing legal documents relevant to the bill or draft; to survey and assess the present situation of social relations related to the principal contents of the bill or draft; to study relevant treaties to which the Socialist Republic of Vietnam is a contracting party.
2. To study information and documents on the bill or draft.
3. To discuss policies and important issues of the bill or draft.
4. To prepare the outline of, and elaborate and revise the bill or draft.
5. To gather comments from concerned agencies, organizations and individuals as well as those directly governed by the document within an appropriate scope and in appropriate forms, depending on the nature and contents of each bill or draft.
6. To prepare a draft Government report and documents related to the bill or draft. The draft report should clearly state the necessity of the bill or draft; objectives, requirements, scope, subjects and principal contents of the bill or draft; issues that need instructions and issues on which there remain divergent opinions among members of the Drafting Board or among concerned agencies and organizations.
7. To make a report forecasting socio-economic impacts of the draft and proposing resources for the enforcement of the document.
8. To draft detailing or guiding decrees (if any).
9. To draw up a list of articles, clauses and points and legal documents which are contrary to the provisions of the bill or draft, and propose ways of amendment or supplementation of those legal documents, articles, clauses or points.
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