Directive No. 08/2005/CT-TTg On accelerating progress and improving the quality of drafting laws and ordinances in 2005 to serve negotiations for joining the WTO

DIRECTIVE

On accelerating progress and improving the quality of drafting laws and ordinances in 2005 to serve negotiations and accession to the World Trade Organization (WTO)

International economic integration and joining the World Trade Organization (WTO) is a major policy of the Party and State. To facilitate the process of international economic integration generally and negotiations for joining the WTO specifically, and to demonstrate Vietnam's determination to join the WTO, on March 2, 2005, the Government approved the policy of accelerating progress and improving the quality of drafting laws and ordinances in 2005 to serve negotiations and joining the WTO. To implement this policy, the Prime Minister issues the following directive:

1. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government who are assigned to lead the drafting, and the Chairpersons of Drafting Committees must directly oversee the drafting process, concentrate capable and qualified staff, allocate funds, time, and other necessary conditions to ensure timely completion and high quality of the draft laws and ordinances specified in the Appendix attached to this Directive.

a) For the Investment Law Project and the Enterprise Law Project, the Ministry of Planning and Investment must ensure the quality of drafting and submit to the Government for consideration in June 2005 so that the Government can present to the National Assembly for its opinion at the beginning of the eighth session of the National Assembly and for approval at the end of this session.

b) For the Project to Amend and Supplement Certain Provisions of the Value Added Tax Law and the Special Consumption Tax Law, and the Project to Amend and Supplement Certain Provisions of the Complaints and Petitions Law, the Ministry of Finance and the Government Inspectorate must immediately organize the study and amendment, ensuring consistency with commitments upon joining the WTO, and submit to the Government for consideration in July 2005 so that the Government can present to the National Assembly for approval at the eighth session of the National Assembly.

c) For the Foreign Exchange Ordinance Project and the Standardization Ordinance Project, the State Bank of Vietnam and the Ministry of Science and Technology must urgently draft and submit to the Government in July 2005 so that the Government can present to the Standing Committee of the National Assembly for approval in September 2005 (for the Standardization Ordinance Project) and October 2005 (for the Foreign Exchange Ordinance Project).

d) For the Enforcement of Criminal Penalties Code Project and the Lawyer Law Project, the Ministry of Justice must submit to the Government in the third quarter of 2005 so that the Government can present to the National Assembly for its opinion at the eighth session of the National Assembly.

2. During the drafting process, the leading ministries and sectors, and the Drafting Committees must focus on essential contents serving the negotiation process for joining the WTO. To facilitate the preparation for discussion and approval of the draft laws and ordinances at the National Assembly and the Standing Committee of the National Assembly according to the required schedule, the leading ministries and sectors must proactively coordinate closely from the outset with the relevant agencies of the National Assembly and prepare the explanation section in the Government's report, the Standing Committee of the National Assembly's report, and the National Assembly's report on the selected plan to ensure consistency between the provisions of the draft texts and the provisions in related WTO Agreements; send the draft texts and related documents to the Ministry of Justice for review before submitting to the Government for consideration.

3. The Ministry of Commerce has the responsibility to regularly and promptly inform the leading ministries and sectors about the requirements of the WTO and negotiating partners; cooperate with the Ministry of Justice and the leading ministries and sectors to ensure that the contents of the draft laws and ordinances are consistent with the obligations of WTO members.

4. The leading ministries and sectors have the responsibility to translate the draft laws and ordinances into English and transfer the translations to the Office of the National Committee for International Economic Cooperation to send to the WTO as requested by negotiating partners. The Office of the National Committee for International Economic Cooperation has the responsibility to coordinate with the Ministry of Foreign Affairs and the Ministry of Commerce to ensure the quality of the translations provided to the WTO.

5. The leading ministries and sectors and the Drafting Committees have the responsibility to draft implementing regulations concurrently with the drafting of the draft laws and ordinances to submit to competent authorities for issuance, ensuring full and timely implementation of the laws and ordinances after they have been approved by the National Assembly and the Standing Committee of the National Assembly.

6. Regulatory legal documents issued by ministries, sectors, or local authorities at all levels within their authority must be consistent with the obligations of WTO members and Vietnam's commitments to the WTO. Heads of ministries, sectors, and local authorities at all levels must strengthen supervision over the issuance of regulatory legal documents to ensure compliance with legal provisions on the issuance of regulatory legal documents and publication in the Official Gazette; not issue documents containing regulatory legal provisions in the form of circulars or notifications.

7. The Ministry of Justice, in coordination with the Ministry of Commerce, the Office of the Government, relevant ministries, sectors, and agencies, must urgently study and promptly propose and actively draft laws and ordinances in the form of a single document that may amend certain provisions in multiple existing laws and ordinances when new requirements arise necessitating amendments to laws and ordinances outside the list specified in the Appendix attached to this Directive.

8. The Office of the Government is responsible for monitoring and urging the leading ministries and sectors to ensure compliance with the schedules specified in the Appendix of this Directive, regularly reporting to the Prime Minister. The Legislative Building Department of the Office of the Government must coordinate with the leading ministries and sectors, the Drafting Committees, and the Ministry of Justice to ensure the quality of drafting, promptly propose methods and approaches to handle emerging issues to report to the Government or the Prime Minister for consideration and decision.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Directive./.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Directive./.