Luật ban hành văn bản quy phạm pháp luật sửa đổi 2002

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON THE PROMULGATION OF LEGAL DOCUMENTS
(No. 02/2002/QH11 of December 16, 2002)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly at its 10th session;
This Law amends and supplements a number of articles of the Law on the Promulgation of Legal Documents, which was passed on November 12, 1996 by the National Assembly of the Socialist Republic of Vietnam.

Article 1.- To amend and supplement a number of articles of the Law on the Promulgation of Legal Documents:

1. To amend and supplement Article 1 as follows:

"Article 1.- Legal documents

Legal documents are documents promulgated by competent State agencies according to the law-prescribed procedures and order, containing common rules of conduct the implementation of which is guaranteed by the State and aims to regulate social relations along the socialist orientation.

The system of legal documents consists of:

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Documents promulgated by the National Assembly Standing Committee: ordinances and resolutions;

2. Documents promulgated by other competent State agencies at the central level to implement legal documents of the National Assembly and the National Assembly Standing Committee:

a/ Orders and decisions of the State President;

b/ Resolutions and decrees of the Government; decisions and directives of the Prime Minister;

c/ Decisions, directives and circulars of the ministers and the heads of the ministerial-level agencies;

d/ Resolutions of the Judges’ Council of the Supreme People’s Court; decisions, directives and circulars of the Chief Judge of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy;

e/ Joint resolutions and circulars between competent State agencies and between competent State agencies and socio-political organizations;

3. Documents promulgated by the People’s Councils and People’s Committees to implement legal documents of the National Assembly, the National Assembly Standing Committee, and documents of superior State agencies; documents promulgated by the People’s Committees to implement resolutions of the People’s Councils of the same level:

a/ Resolutions of the People’s Councils;

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2. To amend and supplement Article 3 as follows:

"Article 3.- Contribution of comments to the elaboration of legal documents

1. Vietnam Fatherland Front and its member organizations, other social organizations, economic organizations, State agencies, people’s armed force units and individuals shall be entitled to contribute comments to the elaboration of legal documents.

2. In the process of elaborating legal documents, the concerned agencies and organizations shall, depending on the nature and contents of the draft documents, create conditions for agencies, organizations and individuals to contribute comments; and organize the solicitation of opinions of the subjects to be directly affected by the documents within an appropriate scope and in an appropriate form.

3. Comments and opinions on draft legal documents must be studied and absorbed in order to revise such documents."

3. To amend and supplement Article 9 as follows:

"Article 9.- Amendment, supplementation, replacement, abolition, annulment or suspension of the implementation of legal documents

1. Legal documents can be amended, supplemented, replaced, abolished or annulled only with legal documents of the very State agencies which have promulgated such documents or be suspended from implementation, abolished or annulled with documents of competent State agencies.

Documents amending, supplementing, replacing, abolishing, annulling, or suspending the implementation of, other documents must clearly state the titles, articles, clauses and/or points of the documents to be amended, supplemented, replaced, abolished, annulled or suspended from implementation.

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2. When promulgating legal documents, the promulgating agencies must clearly state therein the lists of articles, clauses and/or points as well as legal documents which they have promulgated and now become contrary to the provisions of the new legal documents; amend and/or supplement such legal documents, articles, clauses and/or points."

4. To add the following Article 12a after Article 12:

"Article 12a.- Supervision and examination of legal documents

1. Legal documents must be supervised and examined by competent State agencies.

2. Within the scope of their respective tasks and powers, the agencies competent to promulgate legal documents and the agencies supervising and examining legal documents shall have to detect and handle in time wrong legal documents.

3. Vietnam Fatherland Front and its member organizations, other agencies and organizations as well as citizens shall be entitled to supervise legal documents and propose competent State agencies to handle wrong legal documents."

5. To amend and supplement Article 17 as follows:

"Article 17.- Competence of the Supreme People’s Court and the Supreme People’s Procuracy to promulgate legal documents and the forms of such documents

In pursuance to the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the State President, the Judges’ Council of the Supreme People’s Court may promulgate resolutions, the Chief Judge of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy may promulgate decisions, directives and circulars."

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"Article 22.- Drawing up and adoption of law- and ordinance-making programs

1. The ordinance- and law-making programs shall be drawn up on the basis of the Party’s line, undertakings and policies, the strategy on socio-economic development, defense, security and State management requirements in each period while guaranteeing the citizen’s rights and obligations.

2. Agencies, organizations and National Assembly deputies having the right to submit bills as prescribed in Article 87 of the 1992 Constitution shall send the proposals to elaborate laws or ordinances to the National Assembly Standing Committee and concurrently to the Government. the law- or ordinance-making proposals must clearly state the necessity to promulgate the documents; the subjects and scope of regulation; major viewpoints and contents of the documents; anticipated socio-economic impacts; expected resources to secure the enforcement and conditions to ensure the compilation of the documents. Any recommendations of National Assembly deputies on laws or ordinances shall be also addressed to the National Assembly Standing Committee and the Government.

The Government shall work out tentative programs to make laws and/or ordinances on the issues falling under the scope of its functions, tasks and powers before submitting them to the National Assembly Standing Committee, and give its opinions on the law- or ordinance-making proposals of other agencies, organizations or National Assembly deputies, and recommendations of National Assembly deputies on laws or ordinances.

3. The National Assembly’s Law Committee shall assume the prime responsibility and coordinate wit the Nationality Council and other Committees of the National Assembly in evaluating the Government’s tentative law- and ordinance-making programs, the law- or ordinance-making proposals of other agencies, organizations or National Assembly deputies, and recommendations of National Assembly deputies on laws or ordinances..

4. Basing itself on the Government’s tentative programs, the law- or ordinance-making proposals of other agencies, organizations and National Assembly deputies, recommendations of National Assembly deputies on laws and ordinances, as well as the evaluation opinions of the Law Committee, the National Assembly Standing Committee shall draw up the tentative law- and ordinance-making programs and submit them to the National Assembly for decision.

5. The law- and ordinance-making programs shall consist of the law- and ordinance-making programs for each term of the National Assembly and the annual law- and ordinance-making programs.

6. The National Assembly shall decide on the law- and ordinance-making program for the whole term in the first year of each National Assembly term; and decide on the law- and -ordinance making program of each year at the year-end session of the previous year."

7. To amend and supplement Article 25 as follows:

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1. The agencies or organizations submitting bills or draft resolutions of the National Assembly, draft ordinances or resolutions of the National Assembly Standing Committee shall set up drafting committees.

2. The National Assembly Standing Committee shall set up a drafting committee in the following cases:

a/ Bills, draft ordinances or resolutions having contents related to many branches or domains;

b/ Bills or draft resolutions of the National Assembly, to be submitted by the National Assembly Standing Committee;

c/ Bills, draft ordinances or resolutions, to be submitted by the Nationality Council or Committees of the National Assembly;

d/ Bills or draft ordinances, to be submitted by National Assembly deputies.

3. A drafting committee shall be composed of the head of the agency or organization in charge of the drafting as its chairman and representatives of concerned agencies and organizations as well as specialists and scientists as its members.

4. The agencies or organizations in charge of the drafting must ensure the conditions for the operation of the drafting committees, be accountable before the agencies submitting the draft documents for the contents, and quality of the draft documents and the drafting tempo.

5. The agencies and organizations participating in the drafting committees shall have to give written comments on the bills, draft ordinances or resolutions."

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"Article 26.- Tasks of the bill-, ordinance- or resolution-drafting committees

When drafting bills, ordinances or resolutions, the drafting committees shall have the following tasks:

1. Reviewing the situation of law enforcement, evaluating current legal documents related to the draft documents; surveying and assessing the actual situation of social relations related to their major contents;

2. Organizing the study of information and documents related to the draft documents;

3. Outlining, compiling and revising the draft documents;

4. Gathering comments of the concerned agencies, organizations and individuals as well as subjects to be directly affected by the documents within a scope and in a form appropriate to the nature and contents of each draft document;

5. Preparing the reports on and other documents related to the draft documents. Such a report must clearly state the necessity to promulgate the legal document, the purposes, requirements, scope, subjects and principal contents of the document, the matters that require guiding opinions and the matters on which opinions remain divergent;

6. Coordinating with the concerned agencies and organizations in preparing the drafts of the detailing and guiding documents;

7. While drafting bills, ordinances and resolutions, the international agreements which the Socialist Republic of Vietnam has signed or acceded to must be taken into consideration."

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"Article 28.- Tasks and powers of the agencies, organizations and National Assembly deputies submitting bills, draft ordinances or resolutions

1. The agencies, organizations and National Assembly deputies submitting bills, draft ordinances or resolutions shall have the following tasks and powers:

a/ To direct the drafting committees in the process of elaborating the draft documents;

b/ To request the concerned agencies, organizations and individuals to supply materials and information related to the draft documents;

c/ To consider and decide on the submission of bills or draft resolutions to the National Assembly, and the submission of draft ordinances or resolutions to the National Assembly Standing Committee. Where a bill, draft ordinance or resolution cannot be submitted according to schedule, to report such in time to the National Assembly Standing Committee, clearly stating the reasons therefor.

2. National Assembly deputies submitting bills or draft ordinances shall have the tasks and powers specified in Clause 1 of this Article. The National Assembly’s Office shall ensure necessary conditions for the committees to draft bills or ordinances to be submitted by National Assembly deputies.

3. With regard to bills or draft resolutions of the National Assembly, which are not submitted by the Government, at least 45 days before the opening of a National Assembly session, the agencies, organizations or National Assembly deputies that submit such draft documents shall have to send them to the Government for comments.

With regard to draft ordinances or resolutions of the National Assembly Standing Committee, which are not submitted by the Government, at least 40 days before the opening of a meeting of the National Assembly Standing Committee, the agencies, organizations or National Assembly deputies that submit such draft documents shall have to send them to the Government for comments.

10. To add the following Article 29a after Article 29:

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1. The Ministry of Justice shall have to evaluate bills, draft ordinances and resolutions so that the Government considers before deciding to submit them to the National Assembly or the National Assembly Standing Committee.

Evaluating councils shall be set up by the Minister of Justice to evaluate bills, draft ordinances or resolutions compiled by the Ministry of Justice.

2. The evaluating agencies shall examine the following matters:

a/ The necessity to promulgate laws, ordinances or resolutions; the subjects and scope of regulation of the draft documents;

b/ The compatibility of the draft documents’ contents with the Party’s line, undertakings and policies; their constitutionality, legality and consistency with the legal system;

c/ The documents’ enforceability;

d/ The compliance with the drafting procedures and order;

e/ The language and techniques of drafting the documents.

3. In case of necessity, the evaluating agencies may request the agencies in charge of the drafting to report on the matters related to the contents of the bills, draft ordinances or resolutions; they shall conduct by themselves or jointly with the agencies in charge of the drafting field surveys of the matters related to the contents of the draft documents. The agencies in charge of the drafting shall have to supply information and documents in service of the evaluation of the draft documents.

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11. To add the following Article 34a after Article 34:

"Article 34a.- Assurance by the Law Committee of the National Assembly of the bills’ and draft ordinances’ constitutionality, legality and consistency with the legal system

The National Assembly’s Law Committee shall have to assure the bills’ and draft ordinances’ constitutionality, legality and consistency with the legal system before submitting such documents to the National Assembly and the National Assembly Standing Committee for consideration and passage by carrying out the following activities:

1. Taking part in evaluating the bills and draft ordinances the evaluation of which falls under the charge of the Nationality Council or other Committees of the National Assembly.

In cases where the Law Committee has opinions divergent from those of the agencies in charge of the evaluation regarding the bills’ or draft ordinances’ constitutionality, legality and/or consistency with the legal system, it shall report its opinions to the National Assembly and the National Assembly Standing Committee.

2. Participating in revising bills and draft ordinances."

12. To amend and supplement Article 45 into the following Articles 45, 45a and 45b:

"Article 45.- Consideration and passage of bills

Depending on the nature and contents of bills, the National Assembly may consider and pass bills at one or two of its sessions."

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The National Assembly shall consider and pass bills at session in the following order:

1. Representatives of the bill-submitting agencies, organizations or National Assembly deputies make presentation on the bills;

2. Representatives of the evaluating agencies present evaluation reports;

3. The National Assembly discuss the bills’ principal contents and matters on which opinions remain divergent at plenary meetings. Before being put up for discussion at plenary meetings, the bills may be discussed in groups or delegations of National Assembly deputies.

In the discussion process, the bill-submitting agencies, organizations or National Assembly deputies may make additional presentation on matters related to the bills.

The National Assembly Standing Committee shall direct the Secretariat of the session to sum up the opinions of National Assembly deputies.

In case of necessity, the National Assembly shall vote on a number of contents of the bills, which shall serve as a basis for their revision.

4. The National Assembly Standing Committee shall direct the agencies in charge of the evaluation, the bill-submitting agencies, the Law Committee, the Ministry of Justice and concerned agencies to revise the bills on the basis of the National Assembly deputies’ opinions.

The National Assembly Standing Committee shall report to the National Assembly on the acceptance of opinions and the revision of the bills.

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6. Bills shall be passed into laws if they are voted for by over half of the total number of National Assembly deputies. The National Assembly chairman shall sign the laws for authentication.

In cases where the bills have not yet been passed or have been partially passed the revision and passage of such bills shall comply with the provisions in Clauses 2 and 3, Article 45b of this Law."

"Article 45b.- Order of consideration and passage of bills at two sessions of the National Assembly

The National Assembly shall consider and pass bills at two sessions in the following order:

1. At the first session:

a/ Representatives of the bill-submitting agencies, organizations or National Assembly deputies make presentation on the bills;

b/ Representatives of the evaluating agencies present evaluation reports;

c/ The National Assembly discuss the bills’ principal contents and key matters on which opinions remain divergent at plenary meetings. Before being put up for discussion at plenary meetings, the bills may be discussed in groups or delegations of National Assembly deputies.

In the discussion process, the bill-submitting agencies, organizations or National Assembly deputies may make additional presentation on matters related to the bills.

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2. At the interval between the National Assembly’s two sessions, the National Assembly Standing Committee shall direct the evaluating agencies, the bill-submitting agencies, the Law Committee, the Ministry of Justice and concerned agencies to revise the bills on the basis of the National Assembly deputies’ opinions.

3. At the second session:

a/ The National Assembly Standing Committee report to the National Assembly on the acceptance of opinions and revision of the bills;

b/ The National Assembly hear the reading of the revised bills; discuss and vote to pass a number of contents on which opinions remain divergent, then vote to pass the bills.

c/ Bills shall be passed into laws if they are voted for by over half of the total number of National Assembly deputies. The National Assembly chairman shall sign the laws for authentication.

In cases where the bills have not yet been passed or have been partially passed, the consideration and passage of such bills at subsequent sessions shall be decided by the National Assembly at the proposal of the National Assembly Standing Committee."

13. To amend and supplement Article 47 as follows:

"Article 47.- Order of consideration and passage of draft ordinances

1. Depending on the nature and contents of draft ordinances, the National Assembly Standing Committee may consider and pass them at one or two of its meetings.

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a/ Representatives of the draft ordinance-submitting agencies, organizations or National Assembly deputies make presentation on the bills;

b/ Representatives of the evaluating agencies present the evaluation reports;

c/ Representatives of the agencies, organizations and individuals invited to attend the meeting present their opinions;

d/ The National Assembly Standing Committee discuss, the meeting’s chairperson concludes, and the National Assembly Standing Committee vote to pass the draft ordinances;

e/ In cases there remain divergent opinions on the draft ordinances, the National Assembly Standing Committee shall give its opinions on the matters which need to be revised and direct the agencies in charge of the evaluation, the draft ordinance-submitting agencies, the Law Committee, the Ministry of Justice and concerned agencies to revise the draft ordinances.

The evaluating agencies shall report to the National Assembly Standing Committee on the revision of the draft ordinances.

f/ The National Assembly Standing Committee hear the reading of the revised draft ordinances; discuss and vote to pass those contents on which opinions remain divergent and vote to pass the draft ordinances.

g/ Draft ordinances shall be passed when they are voted for by over half of the total number of National Assembly Standing Committee members. The National Assembly chairman shall sign the ordinances.

3. The National Assembly Standing Committee shall consider and pass draft ordinances at two meetings in the following order:

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b/ At the interval between two meetings, the National Assembly Standing Committee shall direct the agencies in charge of the evaluation, the draft ordinance-submitting agencies, the Law Committee, the Ministry of Justice and concerned agencies to revise the draft ordinances.

c/ At the second meeting, the agencies in charge of the evaluation shall report to National Assembly Standing Committee on the revision of the draft ordinances.

The National Assembly Standing Committee shall hear the reading of the revised draft ordinances; discuss and vote to pass those contents on which opinions remain divergent, then vote to pass the draft ordinances.

d/ Draft ordinances shall be passed if they are voted for by over half of the total number of the National Assembly Standing Committee members. The National Assembly chairman shall sign the ordinances.

4. In cases where the ordinances have not yet been passed or have been partially passed, the consideration and passage of such draft ordinances at subsequent sessions shall be decided by the National Assembly Standing Committee at the proposal of the agencies in charge of the evaluation."

14. To amend and supplement Article 60 as follows:

"Article 60.- Setting up of committees for drafting resolutions and decrees

1. The Government shall decide on the agencies in charge of drafting resolutions or decrees.

The agencies in charge of the drafting shall set up drafting committees.

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2. A drafting committee shall be composed of a representative of the agency in charge of the drafting as its head and representatives of the evaluating agency and other concerned agencies and organizations, specialists and scientists as its members.

3. The agencies in charge of the drafting shall have to ensure conditions for the operation of the drafting committees, be accountable to the Government for the contents and quality of draft documents and the drafting tempo.

4. The ministries, the ministerial-level agencies and the agencies attached to the Government, which participate in the drafting committees shall have to give written opinions on the contents related to their working domains and be answerable for their opinions."

15. To amend and supplement Article 61 as follows:

"Article 61.- Tasks of the committees for drafting resolutions and decrees

When drafting resolutions or decrees, the drafting committees shall have the following tasks:

1. Reviewing the situation of law enforcement, evaluating current legal documents related to the draft documents; surveying and assessing the actual situation of social relations related to the principal contents of the draft documents;

2. Organizing the study of information and materials related to the draft documents;

3. Outlining, compiling and revising the draft documents;

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5. Preparing the reports on and other documents related to the draft documents. Such a report must clearly state the necessity to promulgate the legal documents, the purposes, requirements, scope, subjects and principal contents of the draft documents, the matters that require guiding opinions and the matters on which opinions remain divergent;

6. Coordinating with the concerned agencies and organizations in preparing the drafts of the detailing and guiding documents;"

16. To amend and supplement Article 62 as follows:

"Article 62.- Contribution of comments to the elaboration of draft resolutions and decrees

1. Depending on the nature and contents of draft resolutions or decrees, the drafting agencies shall send the draft documents to the Nationality Council, the Central Committee of Vietnam Fatherland Front, Vietnam General Confederation of Labor, the Supreme People’s Court, the Supreme People’s Procuracy, the concerned agencies and organizations, the People’s Councils and the People’s Committees of the provinces and centrally-run cities (hereinafter collectively referred to as the provincial level) for comments.

2. Depending on the nature and contents of draft resolutions or decrees, the Prime Minister shall assign the Government Office to publish draft resolutions or decrees on the mass media and the Internet so that agencies, organizations and individuals can give their comments.

Individuals can give their comments on draft resolutions and decrees through their agencies or organizations, directly to or by mail to the Government Office, the drafting agencies or organizations, or through the mass media.

3. The agencies drafting resolutions or decrees shall have to study the comments so as to revise the draft resolutions or decrees, then make reports on the acceptance of comments."

17. To amend and supplement Article 63 a follows:

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1. The Ministry of Justice shall have to evaluate draft resolutions and draft decrees before submitting them to the Government.

Evaluating councils shall be set up by the Minister of Justice to evaluate resolutions and decrees drafted by the Ministry of Justice.

2. The scope of evaluation of draft resolutions and decrees shall comply with the provisions in Clause 2, Article 29a of this Law.

3. In case of necessity, the evaluating agencies shall request the drafting agencies to report on matters related to the contents of the draft resolutions or decrees, conduct by themselves or jointly with the drafting agencies field surveys of the matters related to the contents of the draft resolutions or decrees. The agencies in charge of the drafting shall have to supply information and documents in service of the evaluation of the draft resolutions or decrees.

4. The agencies in charge of the drafting shall have to study the evaluation opinions and revise the draft resolutions or decrees accordingly before submitting them to the Government. In cases where their opinions are divergent from those of the evaluating agencies, the agencies in charge of the drafting shall report them to the Government for consideration and decision.

5. The Government Office shall send draft resolutions or decrees and evaluation documents to the cabinet members before the Government’s meetings. The Government shall only consider and discuss draft resolutions or decrees when the evaluation documents are available."

18.- To amend and supplement Article 64 as follows:

"Article 64.- Order of consideration and adoption of draft resolutions and draft decrees

1. Depending on the nature and contents of draft resolutions and/or decrees, the Government may consider and adopt them at one or two meetings of the Government.

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3. The cabinet members discuss the matters on which opinions remain divergent.

4. Draft resolutions and decrees of the Government shall be adopted when they are voted for by over half of the total number of cabinet members.

5. The Prime Minister signs resolutions and decrees.

6. In cases where draft resolutions or decrees have not yet been adopted, the Government shall give opinions on matters which need to be revised and determine the deadline for re-submission of the draft documents."

19. To amend and supplement Article 65 as follows:

"Article 65.- Drafting and promulgation of decisions and directives of the Prime Minister

1. The drafting of decisions and directives of the Prime Minister shall be assigned and directed by the Prime Minister.

2. The agencies assigned with the drafting shall have to compile the drafts.

3. Depending on the nature and contents of draft decisions or directives, the drafting agencies shall send them to the Nationality Council, cabinet members, the chairmen of the provincial-level People’s Councils and the presidents of the provincial People’s Committees, concerned agencies, organizations and individuals for comments.

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5. The Ministry of Justice shall have to evaluate draft decisions and directives of the Prime Minister.

6. The drafting agencies shall revise the draft documents and report to the Prime Minister on the comments of the concerned agencies, organizations and individuals.

7. The Prime Minister shall consider and sign decisions and directives."

20. To amend and supplement Article 69 as follows:

"Article 69.- Decisions, directives and circulars of the Chief Judge of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy

1. Decisions, directives and circulars of the Chief Judge of the Supreme People’s Court shall be promulgated to perform the organizational management of local People’s Courts and Military Courts and stipulate other matters under the jurisdiction of the Chief Judge of the Supreme People’s Court.

2. Decisions, directives and circulars of the Chairman of the Supreme People’s Procuracy shall be promulgated to stipulate measures to ensure the performance of the tasks and the exercise of the powers of the People’s Procuracies at all levels and stipulate other matters under the jurisdiction of the chairman of the Supreme People’s Procuracy."

21. To amend and supplement Article 70 as follows:

"Article 70.- Drafting and promulgation of decisions, directives and circulars of the Chief Judge of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy

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Draft decisions, directives and circulars of the Chief Judge of the Supreme People’s Court shall be discussed and commented by the Judges’ Council of the Supreme People’s Court. Depending on the nature and contents of draft decisions, directives or circulars, the Chief Judge of the Supreme People’s Court shall decide to send them to the Ministry of Defense, the Standing Boards of the provincial-level People’s Councils, the local People’s Courts, military courts as well as concerned agencies, organizations and individuals for comments.

The Chief Judge of the Supreme People’s Court shall sign decisions, directives and circulars.

2. The drafting of decisions, directives and circulars of the Chairman of the Supreme People’s Procuracy shall be organized and directed by the Chairman of the Supreme People’s Procuracy.

Draft decisions, directives and circulars of the Chairman of the Supreme People’s Procuracy shall be discussed and commented by the Prosecutors’ Committee of the Supreme People’s Procuracy. Depending on the nature and contents of draft decisions, directives or circulars, the Chairman of the Supreme People’s Procuracy shall decide to send them to the Supreme People’s Court, the Ministry of Justice, the local People’s Procuracies, the Military Procuracies as well as concerned agencies, organizations and individuals for comments.

The Chairman of the Supreme People’s Procuracy shall sign decisions, directives and circulars."

22. To amend and supplement Article 75 as follows:

"Article 75.- Effective time of legal documents

1. Laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee shall take effect as from the dates the State President signs orders to promulgate them, except the cases where such documents prescribe other dates on which they shall take effect.

2. Legal documents of the State President shall take effect as from the dates they are published in the Official Gazette, except the cases where such documents prescribe other dates on which they shall take effect.

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23. To add the following Article 80a before Article 81:

"Article 80a.- Purposes of supervision and inspection

The supervision and inspection of legal documents shall be conducted to detect wrong contents of the documents so as to suspend in time their implementation, to abolish or annul the documents with a view to ensuring the constitutionality, legality and consistency of the legal system, and at the same time to make proposals to competent agencies to determine the responsibilities of the agencies or individuals that have promulgated such wrong documents."

24. To add the following Article 80b after Article 80a:

"Article 80b.- Supervision and inspection contents

The contents of the supervision and inspection of documents include:

1. The documents’ compliance with the Constitution, laws and resolutions of the National Assembly as well as documents of superior State agencies;

2. The compatibility of the documents’ form with their contents;

3. The compatibility of the documents’ contents with the jurisdiction of the document-promulgating agencies."

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"Article 82.- Supervision and handling of unlawful documents by the National Assembly Standing Committee

1. The National Assembly Standing Committee shall exercise the right to supervise legal documents of the State agencies within the scope of its tasks and powers.

2. The National Assembly Standing Committee shall abolish by itself or at the proposals of the Nationality Council, the National Assembly’s Committees or National Assembly deputies part or the whole of legal documents of the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy, which are contrary to its ordinances or resolutions; suspend the implementation of part or the whole of legal documents of the Government, the Prime Minister, the Supreme People’s Court or the Supreme People’s Procuracy, which are contrary to the Constitution, laws or resolutions of the National Assembly, then submit to the National Assembly for decision the abolition of part or the whole of such legal documents.

3. The National Assembly Standing Committee shall annul by itself or at the proposals of the Prime Minister, the Nationality Council, the National Assembly’s Committees or National Assembly deputies part or the whole of wrong resolutions of the provincial-level People’s Councils.

4. Within three days after signing for promulgation legal documents, the agencies which promulgate the documents under the supervising competence of the National Assembly Standing Committee shall have to send such documents to the National Assembly Standing Committee.

If detecting that the legal documents are contrary to the Constitution, laws or resolutions of the National Assembly, ordinances or resolutions of the National Assembly Standing Committee, the National Assembly Standing Committee shall suspend the implementation thereof and request the agencies which have promulgated such documents to amend or annul them according to their competence. The agencies which have promulgated such documents must abide by the opinions of the National Assembly Standing Committee."

26. To add the following Article 82a after Article 82:

"Article 82a.- Supervision of legal documents by the Nationality Council and Committees of the National Assembly

1. The Nationality Council and Committees of the National Assembly shall supervise legal documents of the Government, the Prime Minister, the ministers, and the heads of the ministerial-level agencies, and joint legal documents between competent State agencies at the central level or between competent State agencies and central bodies of socio-political organizations in the domains under the management of the Nationality Council or Committees.

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2. Within three days after signing for promulgation legal documents, the agencies which promulgate the documents under the supervising competence of the Nationality Council and/or Committees of the National Assembly shall have to send such documents to the Nationality Council and/or Committees of the National Assembly.

If detecting that the legal documents of the Government, the Prime Minister, the Supreme People’s Court and the Supreme People’s Procuracy, show signs of contradiction to the Constitution, laws or resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, the Nationality Council and/or Committees of the National Assembly shall request the agencies which have promulgated such documents to re-consider them in order to suspend their implementation, amend or abolish such documents. Within thirty days after receiving such requests, the agencies which have promulgated such documents shall have to reply the Nationality Council and/or Committees of the National Assembly. If they refuse to suspend the implementation of such documents, amend or abolish them, the Nationality Council and Committees of the National Assembly shall propose the National Assembly Standing Committee to consider and decide.

If detecting that the legal documents of ministers or heads of the ministerial-level agencies, and joint legal documents between competent State bodies at the central level or between competent State agencies and central bodies of socio-political organizations show signs of contradiction to the Constitution, laws or resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, the Nationality Council and/or Committees of the National Assembly shall request the agencies which have promulgated such documents to re-consider them in order to suspend their implementation, amend or abolish such documents. Within thirty days after receiving such requests, the agencies which have promulgated such documents shall have to reply the Nationality Council and/or Committees of the National Assembly. If they refuse to suspend the implementation of such documents, amend or abolish them, the Nationality Council and/or Committees of the National Assembly shall propose the Prime Minister to consider and handle them according to his competence.

27. To amend and supplement Article 83 as follows:

"Article 83.- Examination and supervision of unlawful documents by the Government

1. The Government shall examine legal documents of the ministries, the ministerial-level agencies, the provincial-level People’s Councils and People’s Committees.

2. The Prime Minister shall consider and decide to annul, or suspend the implementation of, part or the whole of legal documents of the ministers, the heads of the ministerial-level agencies or the provincial-level People’s Committees, which are contrary to the Constitution, laws and legal documents of superior State agencies; consider and decide to suspend the implementation of part or the whole of resolutions of the provincial-level People’s Councils, which are contrary to the Constitution, laws and legal documents of superior State agencies, and at the same time propose the National Assembly Standing Committee to annul them.

3. The Ministry of Justice shall assist the Government in performing the uniform State management over the examination of legal documents, assist the Prime Minister in examining and handling unlawful documents of the ministries, the ministerial-level agencies, the provincial-level People’s Councils and People’s Committees."

Article 2.-

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a/ To remove the phrase "the agencies attached to the Government" in the title of Chapter V, in Articles 18, 71, 72, and 74 and Clause 2 of Article 84;

b/ To remove the phrase "the heads of the agencies attached to the Government" in the titles of Sections 1 and 2 of Chapter V, and in articles 16, 58, 66 and 84;

c/ To replace the phrase "the allocation of the State budget" with the phrase "the allocation of the central budget" in Clause 2 of Article 20.;

d/ The phrase "..., then the drafting agencies shall have to send bills and draft ordinances to Vietnam Fatherland Front and its member organizations for comments" in Paragraph 2 of Article 30 is amended into: "…, then the drafting agencies shall have to send bills and draft ordinances to the Central Committee of Vietnam Fatherland Front and central committees of its concerned member organizations for comments.";

e/ To add the phrase "draft resolutions" after the phrases "bills and draft ordinances," "bills," and "draft ordinances" in Article 29;

f/ To remove the word "control" in the title of Chapter IX.

2. To annul Clause 2 of Article 27, Clause 3 of Article 29, Article 31, Clause 3 of Article 32, and Article 85 of the Law on the Promulgation of Legal Documents.

Article 3.- This Law takes implementation effect as from the date of its promulgation.

Article 4.- The Government shall detail and guide the implementation of this Law.

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NATIONAL ASSEMBLY CHAIRMAN




Nguyen Van An