Law Amending and Supplementing Certain Articles of the Law on Legislative Documents (Number: 02/2002/QH11)

LAW

Amending and supplementing certain articles of the Law on Enacting Legal Normative Documents

___________________

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law amends and supplements certain articles of the Law on Enacting Legal Normative Documents which was adopted by the National Assembly of the Socialist Republic of Vietnam on November 12, 1996.

Article 1. Amending and supplementing certain articles of the Law on Enacting Legal Normative Documents:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Legal normative documents

Legal normative documents are documents issued by state agencies with competent authority according to prescribed procedures and processes set forth by law, containing general rules of conduct, guaranteed by the State for implementation, aimed at regulating social relations in accordance with socialist orientation.

The system of legal normative documents includes:

1. Documents issued by the National Assembly: Constitution, laws, resolutions.

Documents issued by the Standing Committee of the National Assembly: ordinances, resolutions;

2. Documents issued by other central state agencies with competent authority to implement legal normative documents of the National Assembly and the Standing Committee of the National Assembly:

a) Decrees, decisions of the President;

b) Resolutions, decrees of the Government; decisions, directives of the Prime Minister;

c) Decisions, directives, circulars of Ministers, Heads of ministerial-level agencies;

d) Resolutions of the Supreme People's Court Council; decisions, directives, circulars of the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy;

đ) Resolutions, joint circulars between state agencies with competent authority, between state agencies with competent authority and political-social organizations;

3. Documents issued by People's Councils and People's Committees to implement legal normative documents of the National Assembly and the Standing Committee of the National Assembly, and documents of higher-level state agencies; documents issued by People's Committees to implement resolutions of the same-level People's Councils:

a) Resolutions of People's Councils;

b) Decisions, directives of People's Committees."

2. Article 3 shall be amended and supplemented as follows:

"Article 3. Participating in providing opinions on drafting legal normative documents

1. The Vietnam Fatherland Front and its member organizations, other social organizations, economic organizations, state agencies, military units, and individuals have the right to participate in providing opinions on drafting legal normative documents.

2. During the process of drafting legal normative documents, based on the nature and content of the draft projects, relevant agencies and organizations shall create conditions for agencies, organizations, and individuals to participate in providing opinions; organize to collect opinions from entities directly affected by the documents within appropriate scope and form.

3. Opinions provided on draft projects of legal normative documents must be studied to incorporate and refine the draft projects."

4. Meeting one of the following criteria:

"Article 9. Amending, supplementing, replacing, revoking, abolishing, or suspending the enforcement of legal normative documents

1. Legal normative documents can only be amended, supplemented, replaced, revoked, or abolished by another legal normative document issued by the same state agency that originally issued the document, or suspended, revoked, or abolished by a document issued by a state agency with competent authority.

A document amending, supplementing, replacing, revoking, abolishing, or suspending the enforcement of another document must clearly specify the name of the document, article, clause, point of the document being amended, supplemented, replaced, revoked, abolished, or suspended.

A legal normative document remains valid and must be strictly enforced until it is amended, supplemented, replaced, revoked, abolished, or suspended by a competent state agency.

2. When issuing a legal normative document, the issuing agency must clearly specify in the document the list of articles, clauses, points, and legal normative documents it has issued that now conflict with the new legal normative document; it is responsible for amending and supplementing those conflicting legal normative documents, articles, clauses, points."

4. Supplementing Article 12a after Article 12 as follows:

"Article 12a. Supervising and inspecting legal normative documents

1. Legal normative documents must be supervised and inspected by state agencies with competent authority.

2. Within their respective duties and powers, agencies with competent authority to issue legal normative documents and supervisory and inspection agencies of legal normative documents have the responsibility to promptly identify and handle erroneous legal normative documents.

3. The Vietnam Fatherland Front and its member organizations, other agencies and organizations, and citizens have the right to supervise legal normative documents and make recommendations to competent state agencies to handle erroneous legal normative documents."

5. Article 17 shall be amended and supplemented as follows:

"Article 17. Authority to issue and form of legal normative documents of the Supreme People's Court, the Supreme People's Procuracy

Based on the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, the Supreme People's Court Council issues resolutions, the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy issues decisions, directives, circulars."

6. Article 22 is amended and supplemented as follows:

"Article 22. Establishing programs and approving legislative programs

1. Legislative programs are established based on the Party's guidelines, policies, economic and social development strategies, national defense and security, and management requirements during each period, ensuring citizens' rights and obligations.

2. Agencies, organizations, and National Assembly deputies have the right to submit draft law projects as stipulated in Article 87 of the 1992 Constitution to the Standing Committee of the National Assembly and simultaneously to the Government. Proposals for drafting laws and ordinances must clearly state the necessity of enacting the document; the subject, scope of regulation of the document; main viewpoints and contents of the document; economic and social impact forecasts; anticipated resources to ensure implementation and conditions for drafting the document. Suggestions about laws and ordinances by National Assembly deputies are also submitted to the Standing Committee of the National Assembly and the Government.

The Government shall prepare a legislative program concerning issues within its functional responsibilities, duties, and authorities to submit to the National Assembly's Standing Committee and express opinions on draft laws and ordinances proposed by other agencies, organizations, National Assembly deputies, and proposals for laws and ordinances from National Assembly deputies.

3. The National Assembly's Legal Committee shall take the lead and coordinate with the National Ethnic Council and other National Assembly Committees to review the Government's legislative program proposal concerning laws and ordinances, proposals for laws and ordinances from other agencies, organizations, and National Assembly deputies, and proposals for laws and ordinances from National Assembly deputies.

4. Based on the Government's proposal, proposals for laws and ordinances from other agencies, organizations, and National Assembly deputies, and proposals for laws and ordinances from National Assembly deputies, along with the Legal Committee's review opinions, the National Assembly's Standing Committee shall establish a legislative program proposal concerning laws and ordinances to submit to the National Assembly for decision.

5. The legislative program concerning laws and ordinances includes the legislative program concerning laws and ordinances for each term of the National Assembly and the annual legislative program concerning laws and ordinances.

6. The National Assembly decides the legislative program concerning laws and ordinances for the entire term during the first year of each term of the National Assembly; it decides the annual legislative program concerning laws and ordinances at the final session of the previous year.

7. Article 25 is amended and supplemented as follows:

''Article 25. Establishment of Drafting Committees

1. Agencies and organizations submitting draft laws and draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the National Assembly's Standing Committee shall establish Drafting Committees.

2. The National Assembly's Standing Committee shall establish Drafting Committees in the following cases:

a) Draft laws, draft ordinances, and draft resolutions involving multiple sectors and fields;

b) Draft laws and draft resolutions of the National Assembly submitted by the National Assembly's Standing Committee;

c) Draft laws, draft ordinances, and draft resolutions submitted by the National Ethnic Council and other National Assembly Committees;

d) Draft laws and draft ordinances submitted by National Assembly deputies.

3. The Drafting Committee consists of the Chairperson who is the head of the agency or organization leading the drafting process, and members representing relevant agencies, organizations, experts, and scientists.

4. The agency or organization leading the drafting process shall be responsible for ensuring the operational conditions of the Drafting Committee; it shall be accountable to the agency submitting the draft regarding the content, quality, and progress of the drafting process.

5. Agencies and organizations having members in the Drafting Committee shall provide written comments on draft laws, draft ordinances, and draft resolutions.''

8. Article 26 is amended and supplemented as follows:

''Article 26. Tasks of Drafting Committees for Draft Laws and Ordinances, and Draft Resolutions

In the drafting of draft laws, draft ordinances, and draft resolutions, the Drafting Committee has the following tasks:

1. Summarize the implementation situation of laws, evaluate current regulatory documents related to the draft; survey and assess the actual social relations related to the main content of the draft;

2. Organize research on information and materials related to the draft;

3. Prepare outlines, compile, and revise the draft;

4. Organize the collection of opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document within appropriate scope and form according to the nature and content of each draft;

5. Prepare the submission report and related documents for the draft. The report must clearly state the necessity of promulgation, purpose, requirements, scope, objects, and main content of the draft, issues requiring guidance opinions, and differing opinions;

6. Coordinate with relevant agencies and organizations to prepare drafts of detailed regulations and implementation guidelines;

7. In the drafting of draft laws and ordinances, the Drafting Committee must consider international treaties that the Socialist Republic of Vietnam has signed or joined.''

9. Article 28 is amended and supplemented as follows:

''Article 28. Tasks and Authorities of Agencies, Organizations, and National Assembly Deputies Submitting Draft Laws, Draft Ordinances, and Draft Resolutions

1. Agencies and organizations submitting draft laws, draft ordinances, and draft resolutions have the following tasks and authorities:

a) Direct the Drafting Committee during the drafting process;

b) Require relevant agencies, organizations, and individuals to provide materials and information related to the draft;

c) Examine and decide on the submission of draft laws and draft resolutions to the National Assembly, and draft ordinances and draft resolutions to the National Assembly's Standing Committee. If the draft cannot be submitted according to the program, they must promptly report to the National Assembly's Standing Committee and explain the reasons.

2. National Assembly deputies submitting draft laws and draft ordinances have the tasks and authorities stipulated in Clause 1 of this Article. The National Assembly Office shall ensure necessary conditions for Drafting Committees for draft laws and ordinances submitted by National Assembly deputies.

3. For draft laws and draft resolutions of the National Assembly not submitted by the Government, the agency, organization, or National Assembly deputy submitting the draft must send the draft to the Government at least forty-five days before the opening of the National Assembly session for the Government to provide opinions.

For draft ordinances and draft resolutions of the National Assembly's Standing Committee not submitted by the Government, the agency, organization, or National Assembly deputy submitting the draft must send the draft to the Government at least forty days before the opening of the Standing Committee session for the Government to provide opinions.''

10. Add Article 29a after Article 29 as follows:

''Article 29a. Review of Draft Laws, Draft Ordinances, and Draft Resolutions

1. The Ministry of Justice shall be responsible for reviewing draft laws, draft ordinances, and draft resolutions for the Government to consider before deciding to submit them to the National Assembly or the National Assembly's Standing Committee.

A Review Board shall be established by the Minister of Justice to review draft laws, draft ordinances, and draft resolutions led by the Ministry of Justice.

2. The reviewing agency shall conduct reviews on the following matters:

a) The necessity for promulgating laws, ordinances, resolutions; the objects and scope of regulation of the draft project;

b) The consistency of the content of the draft project with the Party's guidelines, policies; the constitutionality, legality, and consistency of the document with the legal system;

c) The feasibility of the document;

d) Compliance with drafting procedures and processes;

đ) Language and technical aspects of drafting the document.

3. In cases where necessary, the reviewing agency may require the main drafting agency to report on issues related to the content of the draft law, ordinance, or resolution; conduct surveys on issues related to the content of the draft project themselves or together with the main drafting agency. The main drafting agency has the responsibility to provide information and materials for the review of the draft project.

4. The main drafting agency shall be responsible for studying the review opinions, revising the draft law, ordinance, or resolution to submit to the Government. In case there are differing opinions from the reviewing agency, the main drafting agency shall report to the Government for consideration and decision.

11. Supplement Article 34a following Article 34 as follows:

"Article 34a. The Committee for Legal Affairs of the National Assembly ensures the constitutionality, legality, and consistency of the legal system for draft laws and ordinances.

The Committee for Legal Affairs of the National Assembly is responsible for ensuring the constitutionality, legality, and consistency of the legal system for draft laws and ordinances before submitting them to the National Assembly and the Standing Committee of the National Assembly for examination and approval through the following activities:

1. Participate in the review of draft laws and ordinances that are primarily reviewed by the National Ethnic Council and other Committees of the National Assembly.

In cases where there are differing opinions with the main reviewing agency regarding the constitutionality, legality, and consistency of the legal system for draft laws and ordinances, the Committee for Legal Affairs shall report to the National Assembly and the Standing Committee of the National Assembly on its own opinion;

2. Participate in revising draft laws and ordinances."

12. Article 45 is amended and supplemented to become Articles 45, 45a, and 45b as follows:

"Article 45. Examination and Approval of Draft Laws

Depending on the nature and content of the draft law, the National Assembly may examine and approve the draft law at one or two sessions of the National Assembly."

"Article 45a. Procedure for Examining and Approving Draft Laws at One Session of the National Assembly

The National Assembly examines and approves the draft law at one session according to the following procedure:

1. Representatives of agencies, organizations, and National Assembly deputies present the explanatory report on the draft law;

2. Representatives of the reviewing agency present the review report;

3. The National Assembly discusses the fundamental contents and major issues still having differing opinions in the draft law during a plenary session. Prior to the plenary session discussion, the draft law may be discussed in committees or delegations of National Assembly deputies.

During the discussion process, representatives of agencies, organizations, and National Assembly deputies presenting the draft law supplement their statements on issues related to the draft law.

The Standing Committee of the National Assembly directs the Secretariat of the session to compile the opinions of National Assembly deputies.

If necessary, the National Assembly votes on certain contents of the draft law to serve as a basis for revision;

4. The Standing Committee of the National Assembly directs the main reviewing agency, the agency presenting the draft, the Committee for Legal Affairs, the Ministry of Justice, and relevant agencies to revise the draft law based on the opinions of National Assembly deputies.

The Standing Committee of the National Assembly reports to the National Assembly on the adoption and revision of the draft law;

5. The National Assembly listens to the reading of the revised draft; discusses and votes on certain contents still having differing opinions and votes to approve the draft law;

6. The draft law is approved when more than half of the total number of National Assembly deputies vote in favor. The Chairman of the National Assembly signs to certify the law.

In cases where the draft law is not approved or only partially approved, the revision and approval of the draft law will be carried out according to the provisions of Clause 2 and Clause 3 of Article 45b of this Law."

"Article 45b. Procedure for Examining and Approving Draft Laws at Two Sessions of the National Assembly

The National Assembly examines and approves the draft law at two sessions according to the following procedure:

1. At the first session:

a) A representative of the agency, organization, or National Assembly delegate presents the project presentation;

b) Representatives of the reviewing agency present the review report;

c) The National Assembly discusses the fundamental contents and major issues still having differing opinions in the draft law during a plenary session. Prior to the plenary session discussion, the draft law may be discussed in committees or delegations of National Assembly deputies.

During the discussion process, representatives of agencies, organizations, and National Assembly deputies presenting the draft law supplement their statements on issues related to the draft law;

d) The Standing Committee of the National Assembly directs the Secretariat of the session to compile the opinions of National Assembly deputies and prepare the fundamental contents of the draft law for the National Assembly to vote on as a basis for revision;

2. During the period between two sessions of the National Assembly, the Standing Committee of the National Assembly directs the main reviewing agency, the agency presenting the draft, the Committee for Legal Affairs, the Ministry of Justice, and relevant agencies to revise the draft law based on the opinions of National Assembly deputies;

3. At the second session:

a) The Standing Committee of the National Assembly reports to the National Assembly on the adoption and revision of the draft law;

b) The National Assembly listens to the reading of the revised draft; discusses and votes on certain contents still having differing opinions and votes to approve the draft law;

c) The draft law is approved when more than half of the total number of National Assembly deputies vote in favor. The Chairman of the National Assembly signs to certify the law.

In cases where the draft law is not approved or only partially approved, the examination and approval at the subsequent session will be decided by the National Assembly upon the proposal of the Standing Committee of the National Assembly."

13. Article 47 is amended and supplemented as follows:

"Article 47. Procedure for Examining and Approving Draft Ordinances

1. Depending on the nature and content of the draft ordinance, the Standing Committee of the National Assembly may examine and approve the draft ordinance at one or two meetings of the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly examines and approves the draft ordinance at one meeting according to the following procedure:

a) A representative of the agency, organization, or National Assembly delegate presents the project presentation;

b) Representatives of the reviewing agency present the review report;

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

d) The Standing Committee of the National Assembly discusses, the Chairperson of the session concludes, and the Standing Committee of the National Assembly votes to approve the draft ordinance;

đ) In cases where there are differing opinions on the draft ordinance, the Standing Committee of the National Assembly provides comments on issues that need to be revised and directs the competent agency in charge of examination, the agency submitting the draft project, the Committee for Legal Affairs, the Ministry of Justice, and relevant agencies to revise the draft ordinance;

The agency in charge of examination reports to the Standing Committee of the National Assembly on the revision of the draft ordinance;

e) The Standing Committee of the National Assembly listens to the reading of the revised draft; discusses, votes to approve certain contents with differing opinions, and votes to approve the draft ordinance;

g) The draft ordinance is approved when more than half of the total number of members of the Standing Committee of the National Assembly vote in favor. The Chairman of the National Assembly signs the ordinance.

3. The Standing Committee of the National Assembly examines and approves the draft ordinance at two sessions according to the following procedures:

a) At the first session, the presentation and discussion are carried out according to the procedures stipulated in points a, b, and c of Clause 2 of this Article; the Standing Committee of the National Assembly discusses and votes on some issues of the draft ordinance to serve as a basis for revision;

b) During the period between the two sessions, the Standing Committee of the National Assembly directs the agency in charge of examination, the agency submitting the draft project, the Committee for Legal Affairs, the Ministry of Justice, and relevant agencies to revise the draft ordinance;

c) At the second session, the agency in charge of examination reports to the Standing Committee of the National Assembly on the revision of the draft ordinance.

The Standing Committee of the National Assembly listens to the reading of the revised draft, discusses, votes to approve certain contents with differing opinions, and votes to approve the draft ordinance;

d) The draft ordinance is approved when more than half of the total number of members of the Standing Committee of the National Assembly vote in favor. The Chairman of the National Assembly signs the ordinance.

4. In cases where the draft ordinance has not been approved or only partially approved, the examination and approval at the subsequent session shall be decided by the Standing Committee of the National Assembly upon the proposal of the agency in charge of examination.

14. Article 60 is amended and supplemented as follows:

"Article 60. Establishment of the Drafting Board for Draft Resolutions and Decrees

1. The Government decides the agency in charge of drafting resolutions and decrees.

The agency in charge of drafting establishes the Drafting Board.

For the decree prescribed in point b, Clause 2, Article 56 of this Law, the Government decides to establish the Drafting Board.

2. The Drafting Board consists of the Head, who is a representative of the agency in charge of drafting, and members who are representatives of the examining agencies, relevant organizations, experts, and scientists.

3. The agency in charge of drafting is responsible for ensuring the conditions for the operation of the Drafting Board; it is responsible before the Government for the content, quality, and progress of the draft.

4. Ministries, agencies equivalent to ministries, and government agencies having members in the Drafting Board have the responsibility to provide written comments on matters related to their areas of work and are responsible for those comments.

15. Article 61 is amended and supplemented as follows:

"Article 61. Tasks of the Drafting Board for Draft Resolutions and Decrees

In the process of drafting draft resolutions and decrees, the Drafting Board has the following tasks:

1. Summarize the implementation situation of laws, evaluate current regulatory legal documents related to the draft; survey and assess the actual social relations related to the main content of the draft;

2. Organize research on information and materials related to the draft;

3. Prepare the outline, compile, and revise the draft;

4. Organize the collection of opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document within appropriate scope and form depending on the nature and content of each draft;

5. Prepare the submission report and related documents for the draft. In the submission report, clearly state the necessity of issuance, purpose, requirements, scope, objects, and main content of the draft, issues requiring guidance opinions, and issues with differing opinions;

6. Coordinate with relevant agencies and organizations to prepare drafts of detailed regulations and guiding documents for implementation."

16. Article 62 is amended and supplemented as follows:

"Article 62. Participation in the Construction of Draft Resolutions and Decrees

1. Depending on the nature and content of the draft resolution and decree, the drafting agency sends the draft to the National Ethnic Council, the Central Committee of the Vietnam Fatherland Front, the General Confederation of Labor of Vietnam, the Supreme People's Court, the Supreme People's Procuracy, relevant agencies and organizations, Provincial People's Councils, and Provincial People's Committees (collectively referred to as provincial level) to participate in providing opinions.

2. Depending on the nature and content of the draft resolution and decree, the Prime Minister instructs the Office of the Government to publish the draft resolution and decree on mass media and the Internet for agencies, organizations, and individuals to provide opinions.

Individuals can provide opinions on the draft resolution and decree through their own agencies or organizations, directly or by sending letters to the Office of the Government, the drafting agencies or organizations, or through mass media.

3. The agency in charge of drafting the draft resolution and decree is responsible for studying the provided opinions to incorporate revisions into the draft resolution and decree and to report and explain the incorporation of opinions.

17. Article 63 is amended and supplemented as follows:

"Article 63. Examination of Draft Resolutions and Decrees

1. The Ministry of Justice is responsible for examining the draft resolution and decree before submitting it to the Government.

The Examination Board established by the Minister of Justice is responsible for examining draft resolutions and decrees drafted by the Ministry of Justice.

2. The scope of examination of draft resolutions and decrees is regulated in Clause 2 of Article 29a of this Law.

3. In cases of necessity, the appraisal agency may request the drafting agency to report on issues related to the content of the draft resolution or decree; conduct surveys on issues related to the content of the draft resolution or decree either independently or jointly with the drafting agency. The drafting agency shall be responsible for providing information and materials for the appraisal of the draft resolution or decree.

4. The drafting agency shall be responsible for studying the appraisal opinions, revising the draft resolution or decree, and submitting it to the Government for consideration. In case there are differing opinions from those of the appraisal agency, the drafting agency shall report to the Government for examination and decision.

5. The Office of the Government shall send the draft resolution or decree and the appraisal document to the members of the Government prior to the Government's session. The Government shall only consider and discuss the draft resolution or decree after receiving the appraisal document.

18. Article 64 is amended and supplemented as follows:

"Article 64. Procedure for considering and adopting draft resolutions and decrees

1. Depending on the nature and content of the draft resolution or decree, the Government may consider and adopt the draft resolution or decree at one or two sessions of the Government.

2. At the session of the Government, representatives of the drafting agency shall present the draft; the appraisal agency shall present the appraisal opinion on the draft; representatives of invited agencies and organizations shall express their opinions.

3. Members of the Government shall discuss issues that have differing opinions.

4. The draft resolution or decree shall be adopted by the Government when more than half of the total number of Government members vote in favor.

5. The Prime Minister shall sign the resolution or decree.

6. In case the draft resolution or decree has not been adopted, the Government shall provide opinions on the issues that need revision and set a deadline for resubmitting the draft."

19. Article 65 is amended and supplemented as follows:

"Article 65. Drafting and Issuing Decisions and Directives of the Prime Minister

1. The draft decision or directive of the Prime Minister shall be assigned and directed by the Prime Minister.

2. The agency assigned to draft shall be responsible for building the draft.

3. Depending on the nature and content of the draft decision or directive, the drafting agency shall seek opinions from the National Assembly Delegation, members of the Government, Chairpersons of People's Councils, Chairpersons of Provincial People's Committees, and relevant agencies, organizations, and individuals.

4. Depending on the nature and content of the draft decision or directive, the Prime Minister shall instruct the Office of the Government to publish the draft decision or directive of the Prime Minister on mass media and the Internet for agencies, organizations, and individuals to participate in giving opinions.

5. The Ministry of Justice shall be responsible for appraising the draft decision or directive of the Prime Minister.

6. The drafting agency shall revise the draft and report to the Prime Minister on the opinions of relevant agencies, organizations, and individuals.

7. The Prime Minister shall examine and sign the decision or directive."

20. Article 69 is amended and supplemented as follows:

"Article 69. Decisions, Directives, and Circulars of the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy

1. Decisions, directives, and circulars of the President of the Supreme People's Court shall be issued to implement management over local people's courts and military courts regarding organization; they shall stipulate other matters within the authority of the President of the Supreme People's Court.

2. Decisions, directives, and circulars of the Procurator-General of the Supreme People's Procuracy shall stipulate measures to ensure the performance of tasks and powers of procuracies at all levels; they shall stipulate other matters within the authority of the Procurator-General of the Supreme People's Procuracy."

21. Article 70 is amended and supplemented as follows:

"Article 70. Drafting and Issuing Decisions, Directives, and Circulars of the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy

1. The draft decision, directive, or circular of the President of the Supreme People's Court shall be organized and directed by the President of the Supreme People's Court.

The draft decision, directive, or circular of the President of the Supreme People's Court shall be discussed and commented upon by the Supreme People's Court Plenum. Depending on the nature and content of the draft decision, directive, or circular, the President of the Supreme People's Court shall decide whether to send the draft decision, directive, or circular for comments from the Ministry of National Defense, the Standing Committee of the Provincial People's Council, local people's courts, military courts, and relevant agencies, organizations, and individuals.

The President of the Supreme People's Court shall sign the decision, directive, or circular.

2. The draft decision, directive, or circular of the Procurator-General of the Supreme People's Procuracy shall be organized and directed by the Procurator-General of the Supreme People's Procuracy.

The draft decision, directive, or circular of the Procurator-General of the Supreme People's Procuracy shall be discussed and commented upon by the Supreme People's Procuracy Inspection Committee. Depending on the nature and content of the draft decision, directive, or circular, the Procurator-General of the Supreme People's Procuracy shall decide whether to send the draft decision, directive, or circular for comments from the Supreme People's Court, the Ministry of Justice, local people's procuracies, military procuracies, and relevant agencies, organizations, and individuals.

The Procurator-General of the Supreme People's Procuracy shall sign the decision, directive, or circular."

22. Article 75 is amended and supplemented as follows:

"Article 75. Effective Date of Legal Normative Documents

1. Laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly shall take effect from the date the President signs the promulgation order, except where the document itself specifies a different effective date.

2. Legal normative documents of the President shall take effect from the date of publication in the Official Gazette, except where the document itself specifies a different effective date.

3. Legal regulatory documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies, Supreme People's Court, Supreme People's Procuracy, and joint legal regulatory documents that take effect fifteen days after their publication in the Official Gazette or later if specified in the document itself. For legal regulatory documents of the Government and Prime Minister prescribing emergency measures, such documents may specify an earlier effective date.

23. Supplement Article 80a before Article 81 as follows:

''Article 80a. Purpose of supervision and inspection

The supervision and inspection of legal regulatory documents are carried out to identify incorrect contents in the documents in order to promptly halt their implementation, amend, revoke, or abolish them to ensure their constitutionality, legality, and consistency with the legal system, while recommending competent authorities to determine the responsibility of agencies or individuals who issued the incorrect documents.''

24. Supplement Article 80b after Article 80a as follows:

''Article 80b. Content of supervision and inspection

The content of supervision and inspection of legal regulatory documents includes:

1. The conformity of the document with the Constitution, laws, resolutions of the National Assembly, and higher-level state agency documents;

2. The conformity of the form of the document with its content;

3. The conformity of the content of the document with the issuing authority's jurisdiction.''

25. Article 82 is amended and supplemented as follows:

"Article 82. The Standing Committee of the National Assembly supervises and handles illegal legal regulatory documents

1. The Standing Committee of the National Assembly exercises its supervisory power over legal regulatory documents of state agencies within its tasks and powers.

2. The Standing Committee of the National Assembly itself or upon the proposal of the National Ethnic Council, Committees of the National Assembly, or National Assembly deputies may revoke part or all of the legal regulatory documents of the Government, Prime Minister, Supreme People's Court, and Supreme People's Procuracy that violate ordinances and resolutions of the Standing Committee of the National Assembly; suspend the implementation of part or all of the legal regulatory documents of the Government, Prime Minister, Supreme People's Court, and Supreme People's Procuracy that violate the Constitution, laws, and resolutions of the National Assembly, and submit to the National Assembly for a decision on revoking part or all of those documents.

3. The Standing Committee of the National Assembly itself or upon the proposal of the Prime Minister, National Ethnic Council, Committees of the National Assembly, or National Assembly deputies may abolish part or all of the erroneous resolutions of provincial People's Councils.

4. Within three days from the date of issuance of the legal regulatory document, the issuing agency under the supervisory authority of the Standing Committee of the National Assembly shall be responsible for sending the document to the Standing Committee of the National Assembly.

In case a legal regulatory document is found to violate the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, the Standing Committee of the National Assembly shall suspend the implementation of the document and request the issuing agency to amend or abolish it according to its authority. The issuing agency must comply with the opinion of the Standing Committee of the National Assembly."

26. Supplement Article 82a after Article 82 as follows:

"Article 82a. The National Ethnic Council and Committees of the National Assembly supervise legal regulatory documents

1. The National Ethnic Council and Committees of the National Assembly supervise legal regulatory documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies, and joint legal regulatory documents between central-level state agencies or between central-level state agencies and central-level organizations of political-social bodies under the purview of the National Ethnic Council and the respective Committees.

The National Assembly's Legal Affairs Committee also supervises legal regulatory documents of the Supreme People's Court and the Supreme People's Procuracy.

2. Within three days from the date of issuance of the legal regulatory document, the issuing agency under the supervisory authority of the National Ethnic Council and Committees of the National Assembly shall be responsible for sending the document to the National Ethnic Council and Committees of the National Assembly.

In case a legal regulatory document of the Government, Prime Minister, Supreme People's Court, or Supreme People's Procuracy is found to have signs of violating the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, the National Ethnic Council and Committees of the National Assembly shall request the issuing agency to review the document to suspend its implementation, amend, or revoke it. Within thirty days from the date of receipt of the request, the issuing agency shall be responsible for replying to the National Ethnic Council and Committees of the National Assembly; if the issuing agency does not suspend the implementation, amend, or revoke the document, the National Ethnic Council and Committees of the National Assembly shall propose the Standing Committee of the National Assembly to examine and decide.

In case a legal regulatory document of a Minister, Head of a ministerial-level agency, or joint legal regulatory document between central-level state agencies or between a central-level state agency and the central-level organization of a political-social body is found to have signs of violating the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, the National Ethnic Council and Committees of the National Assembly shall request the issuing agency to review the document to suspend its implementation, amend, or revoke it. Within thirty days from the date of receipt of the request, the issuing agency shall be responsible for replying to the National Ethnic Council and Committees of the National Assembly; if the issuing agency does not suspend the implementation, amend, or revoke the document, the National Ethnic Council and Committees of the National Assembly shall propose the Prime Minister to examine and handle according to his authority.''

27. Article 83 is amended and supplemented as follows:

''Article 83. The Government inspects and handles illegal legal regulatory documents

1. The Government inspects legal regulatory documents of ministries, ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees.

2. The Prime Minister shall examine and decide to abolish or suspend the implementation of part or all of the regulatory legal documents issued by Ministers, Heads of ministerial-level agencies, and People's Committees of provinces that contravene the Constitution, laws, and regulatory legal documents of higher-level state agencies; examine and decide to suspend the implementation of part or all of the resolutions of provincial People's Councils that contravene the Constitution, laws, and regulatory legal documents of higher-level state agencies, while simultaneously proposing to the Standing Committee of the National Assembly to abolish them.

3. The Ministry of Justice assists the Government in uniformly managing state administration regarding the inspection of regulatory legal documents, and assists the Prime Minister in inspecting and handling illegal regulatory documents of ministries, ministerial-level agencies, People's Councils, and People's Committees of provinces.

Article 2

1. Amending and supplementing wording in some Articles of the Law on Enacting Regulatory Legal Documents as follows:

a) Removing the phrase "government agencies" from the name of Chapter V, at Articles 18, 71, 72, 74, and Clause 2 of Article 84;

b) Removing the phrase "Head of government agencies" from the name of Section 1 and Section 2 of Chapter V, at Articles 16, 58, 66, and 84;

c) Replacing the phrase "state budget allocation" with the phrase "central state budget allocation" at Clause 2 of Article 20;

d) The phrase "..., then the drafting agency shall be responsible for sending the draft law and draft ordinance to the Vietnam Fatherland Front and its member organizations to solicit opinions" at Paragraph 2 of Article 30 is amended to read: "..., then the drafting agency shall be responsible for sending the draft law and draft ordinance to the Central Committee of the Vietnam Fatherland Front and the Central Committees of relevant member organizations to solicit opinions.";

đ) Adding the phrase "draft resolution" after the phrases "draft law, draft ordinance," "draft law," and "draft ordinance" in Article 29;

e) Removing the word "supervision" from the name of Chapter IX.

2. Abolishing Clause 2 of Article 27, Clause 3 of Article 29, Article 31, Clause 3 of Article 32, and Article 85 of the Law on Enacting Regulatory Legal Documents.

Article 3

This Law shall take effect from the date of promulgation..

Article 4

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, second meeting, on December 16, 2002./.