| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 24/2009/ND-CP | Hanoi, March 5, 2009 |
DECREE
DETAILING AND PROVIDING MEASURES FOR THE IMPLEMENTATION OF THE LAW ON PROMULGATION OF LEGAL DOCUMENTS
THE GOVERNMENT
Pursua proposal of the Minister of Justice,
DECREES:
Chapter I
FORMULATION OF LAW- AND ORDINANCE-MAKING PROGRAMS AND DECREE-MAKING PROGRAMS
Section 1. MAKING OF GOVERNMENT PROPOSALS ON LAW- AND ORDINANCE-MAKING PROGRAMS
Article 1. Collection of recommendations of agencies, organizations and individuals on elaboration of laws and ordinances
1. Agencies, organizations and individuals may send recommendations on elaboration of laws and resolutions of the National Assembly or ordinances and resolutions of the Standing Committee of the National Assembly (below collectively referred to as laws and ordinances) to ministries or ministerial-level agencies managing branches or domains either in writing or via the websites of these agencies. When unable to identify specific addresses, they may send their recommendations to the Ministry of Justice, which shall forward these recommendations to concerned ministries or ministerial-level agencies.
2. Recommendations of agencies, organizations and individuals on elaboration of laws and ordinances must clearly state the necessity to promulgate documents and propose their principal contents.
3. Agencies receiving recommendations on elaboration of laws or ordinances shall collect, analyze and process these recommendations for preparing their proposals for laws and ordinances.
Article 2. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for proposing laws and ordinances
1. Ministries, ministerial-level agencies and government-attached agencies shall make proposals for laws and ordinances in the branches or domains under their management and send them to the Ministry of Justice for sum-up and submission to the Government.
In cases specified in Article 53 of this Decree, ministries, ministerial-level agencies and government-attached agencies may request amendment, supplementation, replacement, abolishment or annulment of contents of many laws and ordinances.
2. A document proposed to be promulgated must be based on the following grounds:
a/ Theoretical and practical research and review results;
b/ Satisfaction of state management requirements, settlement of social issues which need to be regulated by legal documents;
c/ Assurance of fundamental rights and obligations of citizens;
d/ Preliminary assessment of impacts of its basic policies and principal contents;
e/ Compliance with the line and policies of the Party and State;
f/ Compliance with the commitments in treaties to which Vietnam is or plans to become a contracting party;
g/ Clearly identified conditions to assure its enforcement;
h/ Assured enforceability.
Article 3. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for preparing proposals for laws and ordinances
1. Ministers or heads of ministerial-level agencies or government-attached agencies shall assign their units to prepare proposals for laws and ordinances for each year or the whole term of the National Assembly in the domains under their assigned management.
A unit assigned to prepare a proposal for a law or an ordinance has the following tasks:
a/ Collecting opinions of concerned units on the proposal; posting an explanation document on the proposal and a report on preliminarily assessed impacts of the law or ordinance on the website of its agency for at least 20 (twenty) days for agencies, organizations and individuals to give opinions;
b/ Assuming the prime responsibility for. and coordinating with concerned units in, studying and completing the dossier of proposal for a law or an ordinance on the basis of contributed opinions; and sending the dossier to the legal organization for sum-up.
2. The legal organization shall assist the minister or the head of the ministerial-level agency or government-attached agency in performing the following tasks:
a/ Drafting a proposal for laws and ordinances for each year and the whole term of the National Assembly concerning the branch or domain under the agency’s management on the basis of proposals of the agency’s attached units and recommendations of agencies, organizations and individuals as well as the grounds for proposals for laws and ordinances defined in Clause 2, Article 2 of this Decree;
b/ When necessary, proposing the minister or the head of the ministerial-level agency or government-attached agency to hold a meeting with units within its ministry or agency and representatives of the Ministry of Justice, the Government Office, the Ministry of Finance and the Ministry of Home Affairs to collect their opinions on the draft proposal;
c/ Assuming the prime responsibility for, and coordinating with concerned agencies and units in. revising and completing the dossier of proposal for laws and ordinances, and submitting it to the minister or the head of its agency for consideration and decision.
3. Ministries, ministerial-level agencies and government-attached agencies shall send annual dossiers of proposal for laws and ordinances to the Ministry of Finance and the Ministry of Home Affairs for opinions on the reasonableness of the projected financial sources and human resources respectively.
Article 4. Dossiers of proposal for laws and ordinances sent by ministries, ministerial-level agencies and government-attached agencies to the Ministry of Justice
1. Ministries, ministerial-level agencies and government-attached agencies shall send the Ministry of Justice dossiers of proposal for laws and ordinances for a term of the National Assembly no later than March 1 of the first year of the term.
A dossier comprises:
a/ Explanation document on the proposal.
An explanation document on the proposal for laws and ordinances must clearly state the titles of documents and the necessity to promulgate them; subjects and scope of regulation of documents; principal contents of documents; basic policies of documents and their objectives; policy implementation measures; positive and negative impacts of policies; projected resources and conditions to assure the drafting of documents; proposed drafting agencies and time of submission to the National Assembly and its Standing Committee;
b/ Report on preliminarily assessed impacts of documents.
2. Ministries, ministerial-level agencies and government-attached agencies shall send the Ministry of Justice dossiers of proposal for laws and ordinances for each year on the basis of the program of the whole term of the National Assembly at least 105 (one hundred and five) days before March 1 of the year proceeding the year of projected submission to the National Assembly and its Standing Committee.
A dossier comprises:
a/ Explanation document on the proposal.
An explanation document on the proposal for laws and ordinances must clearly state the necessity to promulgate laws and ordinances; guiding viewpoints on the drafting and the process of preparation for the drafting; basic policies of documents and their objectives; positive and negative impacts of policies and policy implementation measures;
b/ A sum-up report on opinions of agencies, organizations and individuals;
c/ Opinions of the Ministry of Finance and the Ministry of Home Affairs on the reasonableness of projected financial sources and human resources, respectively;
d/ Detailed outlines of draft documents.
3. Ministries, ministerial-level agencies and government-attached agencies shall send to the Ministry of Justice dossiers of proposal for laws and ordinances for each year which have not yet been included in the law- and ordinance-making program of the whole term of the National Assembly at least 105 (one hundred and five) days before March 1 of the year proceeding the year of projected submission to the National Assembly and its Standing Committee.
A dossier comprises:
a/ Explanation document on the proposal.
An explanation document on the proposal for laws and ordinances must clearly state the titles of laws and ordinances and the necessity to promulgate them; guiding viewpoints on the drafting; basic policies of documents and their objectives; subjects and scope of regulation of documents; principal contents of documents; policy implementation measures; positive and negative impacts of policies; projected resources, conditions to assure the drafting; projected drafting agencies and time of submission to the National Assembly or its Standing Committee; and the drafting time tables;
b/ Report on preliminarily assessed impacts of documents;
c/ Opinions of the Ministry of Finance and the Ministry of Home Affairs on the reasonableness of projected financial sources and human resources, respectively;
d/ Detailed outlines of draft documents.
Article 5. Contents of explanation on the necessity to elaborate laws and ordinances
1. For a proposal for laws and ordinances for the whole term, the explanation document on the necessity to elaborate laws and ordinances must clearly state:
a/ The background and actual state of social relations to be regulated by law; objectives and issues to be addressed;
b/ Review and assessment of existing legal provisions related to social relations to be regulated;
c/ Objectives of guaranteeing fundamental rights and obligations of citizens (if any);
d/ The line and policies of the Party and State on the management of the branch or domain with social relations to be regulated (if any);
e/ Contents of commitments in treaties to which Vietnam is or plans to become a contracting party which are related to the branch or domain with social relations to be regulated (if any).
2. For proposals for laws and ordinances for each year, an explanation document on the necessity to elaborate a document must be based on the law-and ordinance-making program of the whole term of the National Assembly, and clearly state the practical requirement for the promulgation of the document, and the progress and result of the preparation for the drafting of the document, serving as a basis for the inclusion of laws and ordinances into the annual program.
3. For proposals on inclusion of laws and ordinances into an annual program which have not yet included in the program for the whole term of the National Assembly, the explanation document on the necessity to elaborate laws and ordinances must also have the contents specified in Clauses 1 and 2 of this Article.
Article 6. Receipt and collection of opinions on proposals for laws and ordinances
1. The Ministry of Justice shall receive and examine dossiers of proposals for laws and ordinances from ministries, ministerial-level agencies and government-attached agencies.
For a dossier which fails to satisfy the requirements specified in Article 4 of this Decree, within 5 (five) working days after receiving the dossier, the Ministry of Justice shall send a written request to the dossier-submitting agency for completion of the dossier.
The requested agency shall complete the dossier within 10 (ten) working days from the date of receiving the request of the Ministry of Justice.
2. Within 3 (three) working days after receiving the complete dossier of proposal for laws and ordinances, the Ministry of Justice shall post it for at least 20 (twenty) days on the websites of the Ministry and the Government Office for agencies, organizations and individuals to give opinions.
Article 7. Establishment of advisory councils on proposals for laws and ordinances
The Minister of Justice may set up advisory councils to assist him/her in considering proposals for laws and ordinances (below referred to as advisory councils).
An advisory council consists of the chairman who is a representative of the leadership of the Ministry of Justice and members who are specialists and scientists knowledgeable about areas related to the document proposed to be promulgated.
Article 8. Making of government proposals on law- and ordinance-making programs
1. On the basis of the proposals for laws and ordinances of ministries, ministerial-level agencies and government-attached agencies: assessment results of the advisory council and opinions of agencies, organizations and individuals, the Minister of Justice shall decide to include these proposals into the draft government proposal on the law- and ordinance-making program.
2. The government proposal on a law- and ordinance-making program must meet the following requirements:
a/ Meeting state management requirements and addressing social issues which must be regulated by legal documents;
b/ The impacts of the documents’ objectives, basic policies and principal contents have been preliminarily assessed:
c/ Conforming with the guideline, lino and policy of the Party and State;
d/ Ensuring conditions for the drafting and enforcement of the documents;
e/ Ensuring the feasibility of the law- and ordinance-making programs for each year and the whole term of the National Assembly;
f/ Ensuring the consistency and uniformity of the legal system;
g/ Ensuring priority in the promulgation of documents under Clause 3 of this Article.
3. Priority in the government proposal on a law-and ordinance-making program must be based on the following grounds:
a/ Meeting state management requirements and addressing social issues which must be regulated by legal documents;
b/ Ensuring fundamental rights and obligations of citizens;
c/ Ensuring the realization of commitments in treaties to which Vietnam is a contracting party
d/ Ensuring the materialization of the guidelines, line and policies of the Party and State;
e/ Priorities set by the Government and the Prime Minister and objectives of the Government’s action programs.
4. Draft government proposals on law- and ordinance-making programs shall be posted on the websites of the Ministry of Justice and the Government for at least 20 (twenty) days for agencies, organizations and individuals to give opinions.
5. On the basis of contributed opinions, the Ministry of Justice shall revise and finalize the draft government proposals on law- and ordinance-making programs and submit them to the Government.
