Law on Legislative Acts Number 17/2008/QH12

LAW

Issuing regulatory legal documents

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Issuing Regulatory Legal Documents.

PART I

GENERAL PROVISIONS

Article 1. Regulatory Legal Documents

1. Regulatory legal documents are documents issued or jointly issued by state agencies within their authority, in accordance with the forms, procedures, and processes stipulated in this Law or in the Law on Issuing Regulatory Legal Documents of People's Councils and People's Committees, which contain general rules of conduct, have binding force universally, and are guaranteed by the State for implementation to regulate social relations.

2. Documents issued or jointly issued by state agencies outside their authority, in accordance with the forms, procedures, and processes stipulated in this Law or in the Law on Issuing Regulatory Legal Documents of People's Councils and People's Committees shall not be considered regulatory legal documents.

Article 2. System of Regulatory Legal Documents

1. Constitution, laws, resolutions of the National Assembly.

2. Ordinances, resolutions of the Standing Committee of the National Assembly.

3. Orders, decisions of the President.

4. Decrees of the Government.

5. Decisions of the Prime Minister.

6. Resolutions of the Supreme People's Court Judges' Council, Circulars of the Chief Justice of the Supreme People's Court.

7. Circulars of the Chief Prosecutor of the Supreme People's Procuracy.

8. Circulars of Ministers, Heads of ministerial-level agencies.

9. Decisions of the State Audit Office Inspector General.

10. Joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations.

11. Joint circulars between the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy; between Ministers, Heads of ministerial-level agencies and the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy; between Ministers, Heads of ministerial-level agencies.

12. Regulatory legal documents of People's Councils, People's Committees.

Article 3. Principles for Drafting and Issuing Regulatory Legal Documents

1. Ensuring the constitutionality, legality, and consistency of regulatory legal documents within the legal system.

2. Adhering to the authority, forms, procedures, and processes for drafting and issuing regulatory legal documents.

3. Ensuring transparency during the drafting and issuance of regulatory legal documents except where the content pertains to state secrets; ensuring clarity in the provisions of regulatory legal documents.

4. Ensuring the enforceability of regulatory legal documents.

5. Not hindering the implementation of international treaties to which the Socialist Republic of Vietnam is a party.

Article 4. Participation in Providing Comments on Drafting Regulatory Legal Documents

1. The Vietnam Fatherland Front and its member organizations, other organizations, state agencies, military units, and individuals have the right to participate in providing comments on draft regulatory legal documents.

2. During the drafting of regulatory legal documents, the agency or organization primarily responsible for drafting and relevant agencies and organizations have the responsibility to create conditions for agencies, organizations, units, and individuals to participate in providing comments on drafts; organizing the collection of opinions from entities directly affected by the document.

3. Opinions provided on draft regulatory legal documents must be studied and adopted during the process of revising the draft.

Article 5. Language and Text Techniques of Legal Normative Documents

1. The language in legal normative documents shall be Vietnamese.

The language used in legal normative documents must be accurate, common, and the expression must be clear and easy to understand.

2. Legal normative documents must directly stipulate the content to be regulated, not stipulate generally, nor repeat contents already specified in other legal normative documents.

3. Legal normative documents with a broad scope of regulation may be structured into parts, chapters, sections, articles, clauses, points; for documents with a narrow scope of regulation, they may be structured into articles, clauses, points. Each part, chapter, section, and article in legal normative documents must have a title. A separate chapter on inspection, complaint, accusation, commendation, and handling violations shall not be provided in legal normative documents unless there is new content.

Article 6. Translation of Legal Normative Documents into Minority Languages and Foreign Languages

1. Legal normative documents may be translated into minority languages and foreign languages.

2. The translation of legal normative documents into minority languages and foreign languages shall be regulated by the Government.

Article 7. Numbering and Symbols of Legal Normative Documents

1. The numbering and symbols of legal normative documents must clearly indicate the serial number, year of issuance, type of document, and issuing authority.

2. The serial numbering of legal normative documents must be done separately for each type of document and year of issuance. For laws, ordinances, and resolutions of the National Assembly and Standing Committee of the National Assembly, the serial numbering shall be done separately for each type of document and term of the National Assembly.

3. The numbering and symbols of legal normative documents shall be arranged as follows:

a) The numbering and symbols of laws and resolutions of the National Assembly shall be arranged in the following order: "type of document: serial number of the document/year of issuance/abbreviation of the issuing authority and session number of the National Assembly";

b) The numbering and symbols of ordinances and resolutions of the Standing Committee of the National Assembly shall be arranged in the following order: "type of document: serial number of the document/year of issuance/abbreviation of the issuing authority and session number of the National Assembly";

c) The numbering and symbols of legal normative documents not covered under points a and b of this clause shall be arranged in the following order: "serial number of the document/year of issuance/abbreviation of the type of document-abbreviation of the issuing authority".

Article 8. Detailed Regulatory Documents

1. Legal normative documents must be specifically stipulated so that when such documents come into effect, they can be implemented immediately. In cases where an article or clause contains content related to procedures, technical standards, or issues that are not yet stable, such content may be delegated to competent state agencies to specify details at that article or clause. The agency entrusted to issue detailed regulatory documents shall not delegate further.

2. Detailed regulatory documents must be specifically stipulated, without repeating the provisions of the document being detailed, and must be issued to take effect simultaneously with the legal normative document or the article, clause, or point being detailed.

3. Where one agency is entrusted to detail multiple contents of one legal normative document, it shall issue one document to detail those contents, except where it is necessary to detail them in different documents.

Where one agency is entrusted to detail contents in multiple legal normative documents, it may issue one document to detail those contents.

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

Clause 1. Regulatory legal documents may only be amended, supplemented, replaced, abolished, or revoked by regulatory legal documents issued by the same state agency that originally issued the document, or suspended, abolished, or revoked by a regulatory legal document issued by an authorized state agency.

Documents amending, supplementing, replacing, abolishing, or revoking other documents must clearly specify the name of the document, article, clause, or point being amended, supplemented, replaced, abolished, revoked, or suspended.

Clause 2. When issuing a regulatory legal document, the issuing agency must amend, supplement, abolish, or revoke its own previously issued regulatory legal documents that contravene the new document's provisions within the new document itself; if immediate amendment or supplementation is not possible, it must clearly list in the new document the names of the documents, articles, clauses, or points that contravene the new regulatory legal document and undertake to amend or supplement them before the new regulatory legal document takes effect.

Clause 3. A single regulatory legal document may be issued to simultaneously amend, supplement, replace, abolish, or revoke contents in multiple regulatory legal documents issued by the same agency.

Article 10. Sending and storing regulatory legal documents, project files, draft regulatory legal documents.

Clause 1. Regulatory legal documents must be sent to authorized state agencies for supervision and inspection.

Clause 2. Project files, drafts, and original copies of regulatory legal documents must be stored according to the laws on archiving.

Chapter II

CONTENT OF REGULATORY LEGAL DOCUMENTS

Article 11. Constitution, Laws, Resolutions of the National Assembly

Clause 1. The National Assembly formulates and amends the Constitution.

The drafting, adoption, promulgation of the Constitution, amendments to the Constitution, and procedures for interpreting the Constitution are regulated by the National Assembly.

Clause 2. Laws of the National Assembly address fundamental issues in economic, social, defense, security, financial, monetary, budgetary, tax, ethnic, religious, cultural, educational, health, scientific, technological, environmental, foreign relations, organizational structure and operation of state machinery, civil service systems, cadres and civil servants, rights and obligations of citizens.

Clause 3. Resolutions of the National Assembly are issued to decide on tasks for socio-economic development; state budget estimates and central budget allocations; adjustments to the state budget; approval of state budget final accounts; regulations on the operations of the National Assembly, Standing Committee of the National Assembly, Ethnic Councils, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies; approval of international treaties; and decisions on other matters within the purview of the National Assembly.

Article 12. Ordinances, Resolutions of the Standing Committee of the National Assembly

Clause 1. Ordinances of the Standing Committee of the National Assembly regulate issues assigned by the National Assembly, which will be reviewed and decided upon by the National Assembly for the issuance of laws after a certain period of implementation.

Clause 2. Resolutions of the Standing Committee of the National Assembly are issued to interpret the Constitution, laws, ordinances; guide the activities of People's Councils; declare a state of war, general mobilization, or partial mobilization; declare a state of emergency nationwide or in specific localities; and decide on other matters within the purview of the Standing Committee of the National Assembly.

Article 13. Orders and Decisions of the President

Orders and Decisions of the President are issued to perform the tasks and powers of the President as prescribed by the Constitution, laws, resolutions of the National Assembly, Ordinances, and resolutions of the Standing Committee of the National Assembly.

Article 14. Decrees of the Government

Decrees of the Government are issued to regulate the following matters:

1. Detailed implementation of laws, resolutions of the National Assembly, Ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President;

2. Specific measures to implement economic, social, national defense, security, financial, monetary, budgetary, tax, ethnic, religious, cultural, educational, health, scientific, technological, environmental, foreign affairs, civil service system, cadre, public servant, rights, and obligations of citizens, and other issues within the management and administrative authority of the Government;

3. Tasks, powers, organizational structure of ministries, ministerial-level agencies, agencies under the Government, and other agencies within the authority of the Government;

4. Matters necessary but not yet having sufficient conditions to be established as laws or Ordinances to meet the requirements of state administration, economic management, and social management. The issuance of such decrees must be agreed upon by the Standing Committee of the National Assembly.

Article 15. Decisions of the Prime Minister

Decisions of the Prime Minister are issued to regulate the following matters:

1. Leadership and management measures for the operation of the Government and the state administrative system from central to local levels, working systems with members of the Government, Chairmen of provincial People's Committees directly under the Central Government, and other issues within the authority of the Prime Minister.

2. Guidance and coordination measures for the activities of Government members; inspection of the activities of ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels in implementing state policies, laws.

Article 16. Circulars of Ministers and Heads of Ministerial-Level Agencies

Circulars of Ministers and Heads of Ministerial-Level Agencies are issued to regulate the following matters:

1. Detailed implementation of laws, resolutions of the National Assembly, Ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government, and decisions of the Prime Minister;

2. Procedures, technical standards, and economic-technical norms of sectors and fields under their jurisdiction;

3. Measures to fulfill the functions of managing sectors and fields under their jurisdiction and other issues assigned by the Government.

Article 17. Resolutions of the Supreme People's Court Council

Resolutions of the Supreme People's Court Council are issued to guide courts in uniformly applying the law.

Article 18. Circulars of the Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy

1. Circulars of the Chief Justice of the Supreme People's Court are issued to manage local people's courts and military courts regarding organizational regulations and other matters within the authority of the Chief Justice of the Supreme People's Court.

2. Circulars of the Prosecutor General of the Supreme People's Procuracy are issued to regulate measures ensuring the performance of tasks and powers of local people's procuracies, military procuracies, and other matters within the authority of the Prosecutor General of the Supreme People's Procuracy.

Article 19. Decisions of the State Auditor General

Decisions of the State Auditor General are issued to establish and guide national auditing standards, specify detailed audit procedures, and audit files.

Article 20. Joint regulatory legal documents

1. Joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations are issued to guide the implementation of issues when laws stipulate the participation of those political-social organizations in state management.

2. Joint circulars between the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy; between Ministers, Heads of ministerial-level agencies and the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy are issued to guide the uniform application of laws in judicial proceedings and other issues related to the tasks and powers of those agencies.

3. Joint circulars between Ministers, Heads of ministerial-level agencies are issued to guide the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decisions of the Government, and decisions of the Prime Minister related to the functions, tasks, and powers of those ministries and ministerial-level agencies.

Article 21. Regulatory Legal Documents of People's Councils and People's Committees

Regulatory legal documents of People's Councils and People's Committees are issued according to the content, authority, form, procedure, and process prescribed in the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees.

Chapter III

BUILDING AND ISSUING REGULATORY LEGAL DOCUMENTS OF

 THE NATIONAL ASSEMBLY, THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Section 1

ESTABLISHING THE PROGRAM FOR BUILDING LAWS AND ORDINANCES

Article 22. Program for Building Laws and Ordinances

1. The program for building laws and ordinances is established based on the Party's guidelines, policies, economic and social development strategies, defense and security strategies, and the requirements of state management during each period, ensuring fundamental rights and obligations of citizens.

2. The program for building laws and ordinances includes the program for building laws and ordinances for the term of the National Assembly and the annual program for building laws and ordinances.

3. The National Assembly decides on the program for building laws and ordinances for the term of the National Assembly at the second session of each term of the National Assembly; decides on the annual program for building laws and ordinances at the first session of the previous year.

Article 23. Proposals and Suggestions for Laws and Ordinances

1. Agencies, organizations, and National Assembly deputies have the right to submit draft laws as provided for in Article 87 of the Constitution to propose the construction of laws and ordinances; National Assembly deputies may submit suggestions about laws and ordinances to the Standing Committee of the National Assembly.

Proposals for constructing laws and ordinances must clearly state the necessity of issuing the document; the subjects and scope regulated by the document; basic viewpoints and policies, main contents of the document; proposed resources and conditions to ensure the drafting of the document; preliminary impact assessment report of the document; the time frame for proposing the National Assembly and the Standing Committee of the National Assembly to consider and approve.

Suggestions about laws and ordinances must clearly state the necessity of issuing the document, the subjects and scope regulated by the document.

2. The Government establishes proposals on the program for building laws and ordinances concerning issues within its functional responsibilities and submits them to the Standing Committee of the National Assembly, and expresses opinions on proposals for laws and ordinances from other agencies, organizations, and National Assembly deputies, and suggestions about laws and ordinances from National Assembly deputies.

The Ministry of Justice is responsible for assisting the Government in establishing proposals on the program for building laws and ordinances based on the recommendations of ministries, ministerial-level agencies, and government agencies.

3. The Government examines and discusses proposals on the program for building laws and ordinances in the following sequence:

a) A representative of the Ministry of Justice presents the draft proposal on the program for building laws and ordinances;

b) Representatives of invited agencies and organizations speak at the meeting;

c) The Government discusses;

d) The Government votes to approve the proposal on the program for building laws and ordinances.

Article 24. Time limit for submitting proposals and recommendations on laws and ordinances

1. By March 1st of the preceding year, proposals and recommendations on laws and ordinances must be submitted to the Standing Committee of the National Assembly to prepare the annual legislative program, and at the same time be submitted to the Committee for Legal Affairs for review.

By August 1st of the first year of the National Assembly term, proposals and recommendations on laws and ordinances must be submitted to the Standing Committee of the National Assembly to prepare the legislative program for the National Assembly term, and at the same time be submitted to the Committee for Legal Affairs for review.

2. Before submitting proposals and recommendations on laws and ordinances to the Standing Committee of the National Assembly, agencies, organizations, and National Assembly deputies must submit their proposals and recommendations to the Government so that the Government can express its views.

Article 25. Reviewing proposals and recommendations on laws and ordinances

1. The Committee for Legal Affairs shall collect and chair the review of proposals for drafting laws and ordinances from agencies, organizations, and National Assembly deputies, and recommendations on laws and ordinances from National Assembly deputies.

The content of the review focuses on the necessity of promulgation, scope, subjects regulated, basic policies of the document, consistency, feasibility, priority order, conditions to ensure the drafting and implementation of the document.

2. The National Ethnic Council and the Committees of the National Assembly have the responsibility to coordinate with the Committee for Legal Affairs in reviewing proposals and recommendations on laws and ordinances and expressing opinions on the necessity of promulgation, the priority order of promulgation of documents within their respective fields of responsibility.

Article 26. Preparing the draft legislative program for laws and ordinances

1. The Standing Committee of the National Assembly considers proposals and recommendations on laws and ordinances according to the following procedure:

a) A representative of the Government presents the proposal report on the legislative program for laws and ordinances.

Representatives of other agencies, organizations, and National Assembly deputies express their opinions on their own proposals and recommendations on laws and ordinances;

b) A representative of the Committee for Legal Affairs presents the review report;

c) Deputies attending the session express their opinions;

d) The Standing Committee of the National Assembly discusses;

đ) A representative of the Government, representatives of other agencies, organizations, and National Assembly deputies who have proposals and recommendations on laws and ordinances present supplementary issues raised during the session;

e) The session chair concludes.

2. Based on proposals and recommendations on laws and ordinances from agencies, organizations, and National Assembly deputies, and the review opinions of the Committee for Legal Affairs, the Standing Committee of the National Assembly prepares the draft legislative program for laws and ordinances to be considered and decided by the National Assembly.

The dossier for the draft legislative program for laws and ordinances includes the proposal report and the draft resolution of the National Assembly on the legislative program for laws and ordinances. The draft legislative program for laws and ordinances must be published on the National Assembly's electronic information website.

3. The Committee for Legal Affairs chairs and coordinates with relevant agencies to assist the Standing Committee of the National Assembly in preparing the draft legislative program for laws and ordinances.

Article 27. Procedure for considering and approving the draft legislative program for laws and ordinances

1. The National Assembly considers and approves the draft legislative program for laws and ordinances according to the following procedure:

a) A representative of the Standing Committee of the National Assembly presents the proposal report on the draft legislative program for laws and ordinances;

b) The National Assembly discusses the draft legislative program for laws and ordinances at a plenary session. Prior to discussing at the plenary session, the draft legislative program for laws and ordinances may be discussed in National Assembly deputy groups;

c) After the draft legislative program for laws and ordinances has been discussed and opinions have been given by the National Assembly, the Standing Committee of the National Assembly directs the Committee for Legal Affairs, the Ministry of Justice, and related agencies and organizations to study, absorb, revise the draft resolution of the National Assembly on the legislative program for laws and ordinances, and to prepare a report explaining the absorption and revision of the draft resolution;

d) The Standing Committee of the National Assembly reports to the National Assembly on the explanation of the absorption and revision of the draft resolution of the National Assembly on the legislative program for laws and ordinances;

đ) The National Assembly votes to approve the resolution of the National Assembly on the legislative program for laws and ordinances.

2. The resolution on the legislative program for laws and ordinances must clearly state the name of the project and draft; for the resolution on the annual legislative program for laws and ordinances, it must also clearly state the expected time to submit the project and draft to the National Assembly and the Standing Committee of the National Assembly for consideration and approval.

Article 28. Implementation of the legislative program

1. The Standing Committee of the National Assembly shall be responsible for directing and implementing the legislative program through the following activities:

a) Assigning agencies, organizations, and National Assembly deputies to submit draft laws, ordinances, and draft resolutions, the main reviewing agency, and participating reviewing agencies for draft laws, ordinances, and draft resolutions.

In cases where the Standing Committee of the National Assembly submits draft laws and draft resolutions of the National Assembly, the National Assembly decides on the reviewing agency or establishes a temporary committee for review;

In cases where the National Ethnic Council or Committees of the National Assembly submit draft laws, ordinances, and draft resolutions, the Standing Committee of the National Assembly decides on the reviewing agency;

b) Establishing the drafting board for draft laws, ordinances, and draft resolutions in accordance with Clause 1 of Article 30 of this Law;

c) Deciding on the progress schedule for drafting draft laws, ordinances, and draft resolutions and specific measures to ensure the implementation of the legislative program.

2. The Committee for Legal Affairs shall be responsible for assisting the Standing Committee of the National Assembly in organizing and implementing the legislative program.

3. The Ministry of Justice shall be responsible for proposing the main drafting agency and coordinating drafting agencies to be submitted to the Government for decision-making and assisting the Government in urging the drafting of draft laws, ordinances, and draft resolutions submitted by the Government.

Article 29. Adjustment of the legislative program

In necessary cases, the Standing Committee of the National Assembly shall decide to adjust the legislative program and report to the National Assembly at the nearest session.

The adjustment of the legislative program shall be carried out in accordance with Articles 23, 24, and 25 of this Law.

Section 2

DRAFTING OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES,

RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 30. Establishment of the Drafting Board and Assignment of the Main Drafting Agency

1. The Standing Committee of the National Assembly shall establish the Drafting Board and assign the main drafting agency in the following cases:

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

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

c) Draft laws, ordinances, and draft resolutions submitted by National Assembly deputies, the composition of the Drafting Board shall be decided by the Standing Committee of the National Assembly based on the proposal of the National Assembly deputies.

2. In cases where draft laws, ordinances, and draft resolutions are submitted by the Government, the Government assigns a ministry or equivalent agency to be the main drafting agency; the assigned agency has the responsibility to establish the Drafting Board.

3. In cases where draft laws, ordinances, and draft resolutions are submitted by other agencies or organizations, such agencies or organizations have the responsibility to establish the Drafting Board and be the main drafting agency.

Article 31. Composition of the Drafting Board

1. The Drafting Board consists of the Chairperson who is the head of the main drafting agency or organization, and other members who are representatives of the leadership of the main drafting agency or organization, relevant agencies or organizations, experts, and scientists. For the Drafting Board of draft laws, ordinances, and draft resolutions submitted by the Government, the composition of the Drafting Board also includes members who are representatives of the leadership of the Ministry of Justice and the Office of the Government. The Drafting Board must have at least nine members.

2. Members of the Drafting Board must be individuals who are knowledgeable about the specialized issues related to the drafts and have the conditions to fully participate in all activities of the Drafting Board.

Article 32. Duties of the Drafting Board and Head of the Drafting Board

1. The Drafting Board shall be responsible for organizing the drafting process and shall be accountable for the quality and progress of the draft law, ordinance, or resolution project before the main drafting agency or organization.

2. The Drafting Board shall perform the following tasks:

a) Review and approve the outline of draft laws, ordinances, and resolutions;

b) Discussing basic policies and issues related to the content of the draft project;

c) Discussing the draft document, submission report, detailed explanatory memorandum on the draft project; discussing the content of explanations and adoption of opinions from agencies, organizations, and individuals;

d) Ensuring that the provisions of the draft document comply with the Party's guidelines and policies; ensuring the constitutionality, legality, and consistency of the draft document with the legal system; ensuring the feasibility of the document.

3. The Head of the Drafting Board shall perform the following tasks:

a) Establishing the Editorial Team to assist the Drafting Board and directing the Editorial Team to prepare outlines, draft, and revise the draft document;

b) Organizing meetings and other activities of the Drafting Board.

Article 33. Duties of the Main Drafting Agency or Organization

1. Summarizing the implementation of laws, evaluating current regulatory legal documents related to the draft law, ordinance, or resolution proposal; surveying and assessing the actual social relations relevant to the main content of the draft project. In necessary cases, requesting relevant agencies and organizations to summarize and evaluate the implementation of regulatory legal documents within their jurisdiction related to the draft project.

2. Organizing impact assessments and preparing impact assessment reports on the draft document. The content of the impact assessment report must clearly state the issues to be resolved and solutions for each issue; costs and benefits of the solutions; comparing costs and benefits of the solutions.

3. Organizing research on information, materials, and international treaties to which the Socialist Republic of Vietnam is a party related to the draft project. In necessary cases, requiring relevant agencies, organizations, and individuals to provide materials and information related to the draft project.

4. Organizing the solicitation of opinions from relevant agencies and organizations on the draft project; consolidating and studying, adopting suggestions.

5. Studying and adopting comments from the Government's review or participation opinions on draft projects not submitted by the Government.

6. Preparing draft documents, submission reports, detailed explanatory memorandums on the draft project; reports explaining and adopting opinions from agencies, organizations, and individuals; impact assessment reports on the draft document and publishing these documents on the Government's electronic information website or the main drafting agency's website.

7. Preparing the main contents and issues with differing opinions of draft projects submitted by the Government for reporting to the Government for consideration and decision.

8. Proposing the assignment of agencies to draft implementing regulations for clauses, points of the draft project.

9. Ensuring the conditions for the operation of the Drafting Board and the Editorial Team.

In the case where the draft project is proposed by National Assembly deputies, the National Assembly Office shall be responsible for ensuring the conditions for the operation of the Drafting Board and the Editorial Team.

Article 34. Duties of agencies, organizations, and National Assembly deputies presenting draft laws, ordinances, and draft resolutions

1. Agencies, organizations, and National Assembly deputies presenting draft laws, ordinances, and draft resolutions shall have the following duties.

a) Directing the Drafting Board during the drafting process; for projects and drafts presented by the Standing Committee of the National Assembly or the Government, direct the leading agency in charge of drafting.

b) Reviewing and deciding on the submission of draft laws and draft resolutions to the National Assembly, and the submission of draft ordinances and draft resolutions to the Standing Committee of the National Assembly. In cases where it is not possible to submit projects or drafts according to the schedule of the legislative program, they must promptly report to the Standing Committee of the National Assembly for review and decision, and clearly state the reasons.

2. Where the project or draft is not submitted by the Government, at least forty days before the opening date of the Standing Committee of the National Assembly's session, the agency, organization, or National Assembly deputy presenting the project or draft must send the project or draft dossier to the Government for the Government to provide comments.

3. The dossier sent to the Government for comments includes:

a) A proposal regarding the project or draft;

b) Draft document;

c) A detailed explanation of the project or draft and a report on the impact assessment of the project or draft;

d) A report summarizing the implementation of relevant laws and evaluating the current social relations related to the main content of the project or draft;

đ) Other documents (if any)

Article 35. Soliciting Opinions on Draft Laws, Ordinances, and Draft Resolutions

1. During the drafting process of draft laws, ordinances, and draft resolutions, the leading agency or organization must solicit opinions from relevant agencies, organizations, and directly affected entities; specify issues requiring opinions suitable for each entity providing opinions and clearly identify the addresses for receiving opinions; publish the full text of the draft on the Government’s electronic information website or the leading agency or organization’s website for at least sixty days to allow agencies, organizations, and individuals to provide feedback.

2. Soliciting opinions may be conducted through direct solicitation, sending drafts for feedback, organizing seminars, or using the Government’s electronic information website, the leading agency or organization’s website, or mass media.

3. Relevant agencies and organizations are responsible for providing written opinions on the draft; specifically, the Ministry of Finance is responsible for providing opinions on financial sources, the Ministry of Home Affairs is responsible for providing opinions on human resources, the Ministry of Natural Resources and Environment is responsible for providing opinions on environmental impacts, and the Ministry of Foreign Affairs is responsible for providing opinions on compatibility with international treaties to which the Socialist Republic of Vietnam is a party.

4. The leading agency or organization is responsible for consolidating, studying, and incorporating the feedback opinions.

Article 36. Examination of Draft Laws, Ordinances, and Draft Resolutions Submitted by the Government

1. The Ministry of Justice is responsible for examining draft laws, ordinances, and draft resolutions before submitting them to the Government.

For complex projects or drafts involving multiple sectors or fields, or those drafted primarily by the Ministry of Justice, the Minister of Justice shall establish an Examination Council comprising representatives of relevant agencies, experts, and scientists.

2. The dossier for review includes:

a) A proposal to the Government regarding the project or draft;

b) Draft document;

c) Detailed explanation about the draft project and draft, and report on the impact assessment of the draft document;

d) A report summarizing the implementation of relevant laws and evaluating the current social relations related to the main content of the project or draft;

đ) A summary of opinions from agencies, organizations, and individuals on the content of the project or draft; copies of opinions from ministries and ministerial-level agencies; reports explaining and incorporating feedback on the project or draft;

e) Other documents (if any)

3. The examination agency shall focus on the following issues during the examination:

a) The necessity of issuing the document, the subject, and scope regulated by the draft document;

b) The consistency of the content of the draft document with the Party's guidelines, policies, and strategies;

c) The constitutionality, legality, and consistency of the draft document with the legal system and its compatibility with international treaties to which the Socialist Republic of Vietnam is a party.

d) The feasibility of the draft document, including the suitability between the provisions of the draft document and practical requirements, the level of social development, and conditions for implementation;

đ) Language and drafting techniques of the document

If necessary, the examination agency may request the leading agency to report on issues related to the content of the project or draft.

4. The examination report must be sent to the leading agency within twenty days from the date of receipt of the complete examination dossier.

5. The leading agency is responsible for studying and incorporating examination opinions to refine and perfect the draft law, ordinance, or resolution for submission to the Government.

Article 37. Documents for a draft Law, Ordinance, or Resolution to be submitted to the Government

1. Submission report to the Government on the draft.

2. Draft document.

3. Detailed explanation of the draft and impact assessment report of the draft document.

4. Evaluation report, clarification report, summary of comments from evaluation, and compilation of opinions from agencies, organizations, and individuals regarding the draft.

5. Report summarizing the implementation of laws and evaluating the current social relations related to the main content of the draft.

6. Other documents (if any).

Article 38. Revision and completion of a draft Law, Ordinance, or Resolution before submission to the Government

In cases where there are differing opinions among ministries and equivalent agencies on major issues within the content of the draft Law, Ordinance, or Resolution, the Minister, Head of the Government Office shall convene a meeting with representatives from the drafting agency, the Ministry of Justice, and relevant ministries and equivalent agencies to resolve these issues prior to submitting them to the Government for consideration and decision. Based on the opinions at this meeting, the drafting agency will coordinate with relevant agencies to continue revising and completing the draft for submission to the Government.

Article 39. The Government's discussion, examination, and decision on the submission of a draft Law, Ordinance, or Resolution

1. The Government has the responsibility to collectively examine, discuss, and vote by majority to decide on the submission of the draft Law, Ordinance, or Resolution.

2. The Government Office prepares the basic contents and issues with differing opinions from the draft for reporting to the Government for discussion.

3. Depending on the nature and content of the draft, the Government may examine and discuss it at one or more sessions of the Government in the following sequence:

a) Representatives of the leading agency present the draft.

b) Representatives of the Government Office present issues with differing opinions on the draft.

c) Representatives of participating agencies and organizations express their opinions.

d) The Government discusses.

e) The Government votes on the submission of the draft.

4. If the Government does not approve the submission of the draft, the Prime Minister sets a time for reconsideration of the draft. Based on the opinions of Government members, the leading agency coordinates with relevant agencies and organizations to revise the draft.

At the next session, the Government discusses the draft according to the following sequence:

a) The leading agency reports to the Government on the revised content.

b) The Government discusses and votes on the submission of the draft.

Article 40. The Government's participation in providing opinions on a draft Law, Ordinance, or Resolution not submitted by the Government

1. The Government has the responsibility to provide written opinions on a draft Law, Ordinance, or Resolution submitted by other agencies, organizations, or National Assembly deputies within twenty days from the date of receipt of the draft documents.

2. Ministries and equivalent agencies assigned by the Prime Minister prepare the main opinions, coordinate with the Ministry of Justice to propose the contents that need to be provided opinions for the Government to consider and decide.

Section 3

REVIEW OF DRAFT LAWS, ORDINANCES, AND RESOLUTIONS

Article 41. Scrutiny by the National Assembly's Ethnic Council and Committees

1. Draft laws, ordinances, draft resolutions before being submitted to the National Assembly for discussion and opinion must be subject to scrutiny by the National Assembly's Ethnic Council and relevant committees (hereinafter referred to collectively as the scrutiny body).

The Ethnic Council and National Assembly committees are responsible for leading the scrutiny of draft projects and drafts within their respective areas of responsibility, and other draft projects and drafts assigned by the National Assembly and its Standing Committee; participating in the scrutiny of draft projects and drafts led by other National Assembly bodies according to the division of labor by the Standing Committee.

2. The leading scrutiny body is responsible for inviting representatives of bodies assigned to participate in the scrutiny to attend the scrutiny session to express opinions on the contents of the draft projects and drafts related to their respective areas of responsibility and other issues within the scope of the draft projects and drafts.

3. The leading scrutiny body may invite representatives of related agencies and organizations, experts, scientists, and representatives of entities directly affected by the document to attend meetings organized by them to express opinions on issues related to the contents of the draft projects and drafts.

4. The scrutiny body has the right to request agencies, organizations, and National Assembly deputies who submit draft projects and drafts to report on issues related to the contents of the draft projects and drafts; organizing seminars and field surveys on issues within the scope of the draft projects and drafts themselves or together with the drafting agency or organization.

Agencies, organizations, and individuals requested have the responsibility to provide information, materials, and meet other requirements of the scrutiny body.

Article 42. Files and Time Limit for Submitting Files for Scrutiny of Draft Laws, Ordinances, and Draft Resolutions

1. The files for scrutiny of draft laws, ordinances, and draft resolutions include:

a) The report to the National Assembly and the Standing Committee of the National Assembly on the draft project and draft;

b) Draft document;

c) Detailed explanation about the draft project and draft, and report on the impact assessment of the draft document;

d) The assessment report for draft projects and drafts submitted by the Government; the Government's opinion on draft projects and drafts not submitted by the Government; the summary of comments on draft projects and drafts;

đ) The final report on the implementation of laws, evaluation of the current social relations related to the main content of the draft projects and drafts;

e) Other documents (if any).

2. For draft projects and drafts submitted to the Standing Committee of the National Assembly, the agency, organization, or National Assembly deputy submitting the draft project or draft must submit the files specified in Clause 1 of this Article to the leading scrutiny body and participating scrutiny bodies at least twenty days before the start of the Standing Committee's session to conduct scrutiny.

For draft projects and drafts submitted to the National Assembly, the agency, organization, or National Assembly deputy submitting the draft project or draft must submit the files specified in Clause 1 of this Article to the leading scrutiny body and participating scrutiny bodies at least thirty days before the opening of the National Assembly session to conduct scrutiny.

Article 43. Content of Scrutiny

The scrutiny body conducts scrutiny focusing on the following main issues:

1. Scope and subjects regulated by the document;

2. Contents of the draft document and issues that still have differing opinions;

3. Consistency of the draft document's content with the Party's guidelines, policies, the Constitution, laws, and the consistency of the draft document with the legal system;

4. Feasibility of provisions in the draft document.

Article 44. Methods of Scrutiny

1. The leading agency conducting scrutiny must organize a plenary session to conduct the scrutiny; for draft laws and draft resolutions submitted to the Standing Committee of the National Assembly for comments, a preliminary scrutiny session may be organized by the Standing Committee of the Council or the Standing Committee of the Commission.

2. In cases where draft laws, ordinances, and draft resolutions are assigned to multiple agencies for joint scrutiny, the scrutiny may be conducted through one of the following methods:

a) The leading agency conducting scrutiny organizes a scrutiny session with the participation of representatives from participating agencies.

b) The leading agency conducting scrutiny organizes a scrutiny session with the Standing Committees of participating agencies.

Article 45. Report on Scrutiny

1. The report on scrutiny must clearly reflect the views of the scrutiny agency on issues within the scope of scrutiny as stipulated in Article 43 of this Law, and propose contents that need to be amended or supplemented.

2. The report on scrutiny must fully reflect the opinions of members of the leading scrutiny agency, while also reflecting the opinions of other participating agencies.

Article 46. Responsibilities of the Committee for Legal Affairs in Ensuring Constitutional and Legal Validity and Consistency of Draft Laws, Ordinances, and Draft Resolutions with the Legal System

1. The Committee for Legal Affairs has the responsibility to participate in scrutiny to ensure the constitutional and legal validity and consistency of draft laws, ordinances, and draft resolutions, which are primarily scrutinized by other agencies of the National Assembly, with the legal system before submitting them to the National Assembly or the Standing Committee of the National Assembly for consideration and approval.

2. The Committee for Legal Affairs organizes a Standing Committee meeting or a plenary meeting of the Committee to prepare opinions for participation in scrutiny and sends representatives to attend the scrutiny sessions organized by the leading scrutiny agency.

3. The content of participation in scrutiny to ensure constitutional and legal validity and consistency of drafts with the legal system includes:

a) The conformity of provisions in draft laws and resolutions of the National Assembly with the Constitution; the conformity of provisions in draft ordinances and resolutions of the Standing Committee of the National Assembly with the Constitution, laws, and resolutions of the National Assembly;

b) The consistency in content between provisions in draft laws and resolutions of the National Assembly with laws and resolutions of the National Assembly; between provisions in draft ordinances and resolutions of the Standing Committee of the National Assembly with ordinances and resolutions of the Standing Committee of the National Assembly; among provisions in draft laws, ordinances, and resolutions; technical consistency in the text.

4. When submitting files as prescribed in Article 42 of this Law, agencies, organizations, and National Assembly deputies proposing drafts must simultaneously send the files to the Committee for Legal Affairs.

Article 47. Responsibilities of the Committee for Social Issues in Scrutiny of Gender Equality Integration in Draft Laws, Ordinances, and Draft Resolutions

1. The Committee for Social Issues has the responsibility to participate in scrutiny of gender equality integration in draft laws, ordinances, and draft resolutions primarily scrutinized by other agencies of the National Assembly when these drafts contain content related to gender equality.

2. The Committee for Social Issues organizes a Standing Committee meeting or a plenary meeting of the Committee to prepare opinions for participation in scrutiny and sends representatives to attend the scrutiny sessions organized by the leading scrutiny agency.

3. The scrutiny of gender equality integration in drafts is carried out according to the provisions of Clause 2, Article 22 of the Law on Gender Equality.

4. When submitting files as prescribed in Article 42 of this Law, agencies, organizations, and National Assembly deputies proposing drafts must simultaneously send the files to the Committee for Social Issues.

Section 4

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CONSIDERS AND PROVIDES OPINIONS ON DRAFT LAWS AND DRAFT RESOLUTIONS SUBMITTED BY THE NATIONAL ASSEMBLY

Article 48. Time limit for the Standing Committee of the National Assembly to examine and give opinions on draft laws and draft resolutions of the National Assembly

At least seven days before the start of the Standing Committee of the National Assembly's session, the agency or organization presenting draft laws and draft resolutions of the National Assembly must submit the files specified in Clause 1 of Article 42 of this Law to the Standing Committee of the National Assembly for comments.

The draft text, submission letter, and report on the examination of the draft are published on the National Assembly's electronic information website.

Article 49. Procedure for the Standing Committee of the National Assembly to examine and give opinions on draft laws and draft resolutions of the National Assembly

1. Depending on the nature and content of the draft laws and draft resolutions of the National Assembly, the Standing Committee of the National Assembly may examine and give opinions once or multiple times.

2. The Standing Committee of the National Assembly examines and gives opinions according to the following procedure:

a) Representatives of the agencies, organizations, and National Assembly deputies presenting the draft shall explain the main contents of the draft.

b) Representatives of the leading agency responsible for examining shall present the examination report and propose issues for concentrated discussion at the National Assembly.

c) Representatives of the agencies, organizations, and individuals attending the session shall express their opinions.

d) The Standing Committee of the National Assembly discusses;

d) The chairperson of the session shall conclude.

Article 50. Adoption and revision of draft laws and draft resolutions of the National Assembly based on the opinions of the Standing Committee of the National Assembly

1. Based on the opinions of the Standing Committee of the National Assembly, the agency or organization presenting the draft laws and draft resolutions of the National Assembly shall be responsible for studying, adopting, and revising the draft.

For drafts presented by the Government, the person authorized by the Prime Minister to present shall be responsible for organizing the study, adoption, and revision of the draft, except in cases where it is necessary to report to the Prime Minister for consideration and decision.

2. In cases where the agency, organization, or National Assembly deputy presenting the draft laws and draft resolutions of the National Assembly has opinions different from those of the Standing Committee of the National Assembly, they shall report to the National Assembly for consideration and decision.

Section 5

DISCUSSION, ADOPTION, REVISION AND APPROVAL OF DRAFT LAWS, ORDINANCES, AND DRAFT RESOLUTIONS

Article 51. Examination and approval of draft laws, ordinances, and draft resolutions

1. The National Assembly shall examine and approve draft laws and draft resolutions at one or two sessions of the National Assembly.

For drafts submitted to the National Assembly for examination and opinion, and for drafts submitted to the National Assembly for examination and approval at one session, the files of the drafts must be sent to the National Assembly deputies at least twenty days before the opening of the National Assembly session.

For drafts that have been revised and adopted based on the opinions of National Assembly deputies at the previous session and are submitted to the National Assembly for examination and approval at the next session, the Standing Committee of the National Assembly must send the files to the National Assembly deputies, Delegations of National Assembly deputies, Ethnic Councils, and Committees of the National Assembly for comments at least forty-five days before the opening of the National Assembly session.

The Delegation of National Assembly deputies, the Standing Committee of the Ethnic Council, and the Standing Committee of the Committees of the National Assembly shall organize discussions and provide written comments to be sent back to the National Assembly Office at least twenty days before the opening of the National Assembly session.

2. The Standing Committee of the National Assembly shall examine and approve draft ordinances and draft resolutions at one or two meetings of the Standing Committee of the National Assembly.

At least twenty days before the start of the Standing Committee of the National Assembly meeting, the files of the drafts must be sent to the members of the Standing Committee of the National Assembly.

3. The files of the drafts submitted to the National Assembly and the Standing Committee of the National Assembly include the documents specified in Clause 1 of Article 42 of this Law and the examination report on the draft.

The draft text, submission letter, and report on the examination of the draft are published on the National Assembly's electronic information website.

Article 52. Procedure for considering and passing draft laws and draft resolutions at a session of the National Assembly

The National Assembly considers and passes draft laws and draft resolutions at a session according to the following procedure:

1. Representatives of agencies, organizations, and National Assembly deputies present the draft and provide explanations about the draft.

2. Representatives of the agency in charge of examination present the examination report.

3. The National Assembly discusses in plenary sessions the main contents and major issues still having different opinions on the draft. Prior to discussing in plenary sessions, the draft may be discussed in committees of National Assembly deputies.

4. During the discussion process, representatives of agencies, organizations, and National Assembly deputies presenting the draft explain issues related to the draft raised by National Assembly deputies.

5. For important issues of the draft and major issues still having different opinions, the National Assembly conducts voting upon the proposal of the Standing Committee of the National Assembly.

The agency in charge of examination leads and coordinates with agencies, organizations, and National Assembly deputies presenting the draft, the Session Secretariat, and relevant agencies and organizations to assist the Standing Committee of the National Assembly in forecasting issues within the scope of the draft for the National Assembly to vote on.

6. After the draft has been discussed and opinions have been given by the National Assembly, the Standing Committee of the National Assembly directs and organizes the study, adoption, and revision of the draft according to the following procedures:

a) The permanent body of the agency in charge of examination leads and coordinates with agencies, organizations, and National Assembly deputies presenting the draft, the Legal Affairs Committee, the Ministry of Justice, and relevant agencies and organizations to study, adopt, revise the draft, and build a report on the adoption and revision of the draft to submit to the Standing Committee of the National Assembly.

b) At least five days before the voting date, the draft is sent to the Permanent Office of the Legal Affairs Committee for review and completion from a technical perspective. The Permanent Office of the Legal Affairs Committee leads and coordinates with the agency in charge of examination, representatives of agencies, organizations, and National Assembly deputies presenting the draft to organize the review to ensure the constitutionality, legality, and consistency of the draft with the legal system.

7. The Standing Committee of the National Assembly reports to the National Assembly on the explanation of the adoption and revision of the draft; if agencies, organizations, or National Assembly deputies presenting the draft have opinions differing from the revised content in the draft, those opinions must be clearly stated in the report.

8. The National Assembly votes to pass the draft. In cases where there are still issues with different opinions, the National Assembly votes on those issues according to the proposal of the Standing Committee of the National Assembly before voting to pass the draft.

9. The Chairman of the National Assembly signs to authenticate the law and resolution of the National Assembly.

In cases where the draft has not been passed or only partially passed, the revision and passage of the draft shall be carried out according to the provisions of Clause 2 and Clause 3 of Article 53 of this Law.

Article 53. Procedure for considering and passing draft laws and draft resolutions at two sessions of the National Assembly

The National Assembly considers and passes draft laws and draft resolutions at two sessions according to the following procedure:

1. At the first session:

a) Representatives of agencies, organizations, and National Assembly deputies present the draft and provide explanations about the draft.

b) Representatives of the agency in charge of examination present the examination report.

c) The National Assembly discusses in plenary sessions the main contents and major issues still having different opinions on the draft. Prior to discussing in plenary sessions, the draft may be discussed in committees of National Assembly deputies.

During the discussion process, representatives of agencies, organizations, and National Assembly deputies presenting the draft are responsible for explaining issues related to the draft raised by National Assembly deputies.

d) For important issues of the draft and major issues still having different opinions, the National Assembly conducts voting upon the proposal of the Standing Committee of the National Assembly.

The agency in charge of examination leads and coordinates with agencies, organizations, and National Assembly deputies presenting the draft, the Session Secretariat, and relevant agencies and organizations to assist the Standing Committee of the National Assembly in forecasting issues within the scope of the draft for the National Assembly to vote on.

đ) The Standing Committee of the National Assembly directs the Session Secretariat to compile the opinions of National Assembly deputies and the results of the voting as the basis for revising the draft.

2. During the period between two sessions of the National Assembly, the Standing Committee of the National Assembly directs and organizes the study, adoption, and revision of the draft according to the following procedures:

a) The permanent body of the agency in charge of examination leads and coordinates with agencies, organizations, and National Assembly deputies presenting the draft, the Legal Affairs Committee, the Ministry of Justice, and relevant agencies and organizations to study, adopt, revise the draft, and build a draft report on the adoption and revision of the draft. The agency in charge of examination organizes a regular meeting or a plenary meeting to discuss the draft report on the adoption and revision and the draft document that has been revised.

b) The Standing Committee of the National Assembly examines and discusses the report on the adoption and revision and the draft document that has been revised.

c) The Standing Committee of the National Assembly sends the revised draft to solicit opinions from National Assembly deputies, Delegation of National Assembly deputies, the National Ethnic Council, and Committees of the National Assembly.

d) The agency in charge of examination compiles the opinions of National Assembly deputies, Delegation of National Assembly deputies, the National Ethnic Council, and Committees of the National Assembly to study, adopt, revise the draft, and complete the report on the adoption and revision of the draft to submit to the Standing Committee of the National Assembly.

3. At the second session:

a) A representative of the Standing Committee of the National Assembly presents the report on the adoption and revision of the draft; if agencies, organizations, or National Assembly deputies presenting the draft have opinions differing from the revised content in the draft, those opinions must be clearly stated in the report.

b) The National Assembly discusses the remaining issues still having different opinions on the draft.

c) The Standing Committee of the National Assembly directs and organizes the study, adoption, and revision of the draft.

d) Not later than five days before the voting date to pass, the draft shall be sent to the Standing Committee of the Legal Committee for review and technical perfection. The Standing Committee of the Legal Committee shall take the lead and coordinate with the leading agency in charge of examination, representatives of agencies, organizations, and National Assembly deputies who propose the project and draft to organize the review to ensure its constitutionality, legality, and consistency with the legal system.

đ) The National Assembly shall vote to pass the draft. In cases where there are still differing opinions on certain issues, the National Assembly shall vote on those issues according to the proposal of the Standing Committee of the National Assembly before passing the draft.

e) The Chairman of the National Assembly shall sign to authenticate the law and the resolution of the National Assembly.

In cases where the draft has not been passed or only partially passed, the consideration and passage at the next session shall be decided by the National Assembly according to the proposal of the Standing Committee of the National Assembly.

Article 54. Procedure for considering and passing the ordinance project and the draft resolution of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall consider and pass the ordinance project and the draft resolution at a meeting following the procedure as follows:

a) Representatives of agencies, organizations, and National Assembly deputies present the draft and provide explanations about the draft.

b) Representatives of the agency in charge of examination present the examination report.

c) A representative of the invited agency, organization, or individual participating in the session expresses opinions;

d) The Standing Committee of the National Assembly shall discuss and chair the meeting to conclude.

đ) The Standing Committee of the leading agency in charge of examination shall take the lead and coordinate with the agencies, organizations, National Assembly deputies proposing the project and draft, the Legal Committee, the Ministry of Justice, and relevant agencies and organizations to study, adopt, and revise the draft.

e) Not later than three days before the voting date to pass, the draft shall be sent to the Standing Committee of the Legal Committee for review and technical perfection. The Standing Committee of the Legal Committee shall take the lead and coordinate with the leading agency in charge of examination, representatives of agencies, organizations, and National Assembly deputies proposing the project and draft to organize the review to ensure its constitutionality, legality, and consistency with the legal system.

g) Representatives of the leading agency in charge of examination shall report to the Standing Committee of the National Assembly on the adoption and revision of the draft; in cases where agencies, organizations, or National Assembly deputies proposing the project and draft have different opinions from the content already revised in the draft, such opinions must be clearly stated in the report.

h) The Standing Committee of the National Assembly shall vote to pass the draft. In cases where there are still differing opinions on certain issues, the Standing Committee of the National Assembly shall vote on those issues according to the proposal of the chairperson of the meeting before passing the draft.

i) The Chairman of the National Assembly shall sign the ordinance and the resolution of the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly shall consider and pass the ordinance project and the draft resolution at two meetings following the procedure as follows:

a) At the first meeting, the presentation and discussion shall be carried out according to the procedures stipulated in points a, b, c, and d of Clause 1 of this Article. The Standing Committee of the National Assembly shall discuss and vote on some issues of the project and draft according to the proposal of the leading agency in charge of examination to serve as a basis for revision.

b) During the period between the two meetings, the Standing Committee of the leading agency in charge of examination shall take the lead and coordinate with the agencies, organizations, National Assembly deputies proposing the project and draft, the Legal Committee, the Ministry of Justice, and relevant agencies and organizations to study, adopt, and revise the draft according to the guidance of the Standing Committee of the National Assembly.

c) Not later than three days before the voting date to pass, the draft shall be sent to the Standing Committee of the Legal Committee for review and technical perfection. The Standing Committee of the Legal Committee shall take the lead and coordinate with the leading agency in charge of examination, representatives of agencies, organizations, and National Assembly deputies proposing the project and draft to organize the review to ensure its constitutionality, legality, and consistency with the legal system.

d) At the second meeting, the leading agency in charge of examination shall report to the Standing Committee of the National Assembly on the revision of the draft; in cases where agencies, organizations, or National Assembly deputies proposing the project and draft have different opinions from the content already revised in the draft, such opinions must be clearly stated in the report.

đ) The Standing Committee of the National Assembly shall vote to pass the draft. In cases where there are still differing opinions on certain issues, the Standing Committee of the National Assembly shall vote on those issues according to the proposal of the chairperson of the meeting before passing the draft.

e) The Chairman of the National Assembly shall sign the ordinance and the resolution of the Standing Committee of the National Assembly.

Article 55. Documents for draft laws, ordinances, and draft resolutions submitted to the National Assembly and the Standing Committee of the National Assembly for approval

The documents for draft laws, ordinances, and draft resolutions submitted to the National Assembly and the Standing Committee of the National Assembly for approval include:

1. Report on explanation, absorption, and revision of the draft;

2. Draft that has been revised.

Article 56. Date of Approval of Laws, Ordinances, and Resolutions by the National Assembly and the Standing Committee of the National Assembly

The date of approval of laws, ordinances, and resolutions by the National Assembly and the Standing Committee of the National Assembly is the date when the National Assembly or the Standing Committee of the National Assembly votes to approve such laws, ordinances, or resolutions.

Chapter 6
ANNOUNCEMENT OF LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY,THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 57. Announcement of Laws, Ordinances, and Resolutions

1. The President issues a decree to announce laws and resolutions of the National Assembly, and ordinances and resolutions of the Standing Committee of the National Assembly within the latest period of fifteen days from the date of their approval.

2. In cases where the Standing Committee of the National Assembly has approved ordinances and resolutions but the President requests the Standing Committee of the National Assembly to reconsider them according to Clause 7, Article 103 of the Constitution, the Standing Committee of the National Assembly shall reconsider the issues raised by the President. If the ordinances and resolutions are still approved by the Standing Committee of the National Assembly despite the President's disagreement, the President shall submit them to the National Assembly for decision at the nearest session. In these cases, the latest period for announcement is ten days from the date of the second approval by the Standing Committee of the National Assembly or the decision by the National Assembly.

Chapter IV

CONSTRUCTION AND ISSUANCE OF LEGAL DOCUMENTS BY THE PRESIDENT

Article 58. Construction and Issuance of Decrees and Decisions by the President

1. The President decides on his own or upon the proposal of the Government, the Supreme People's Court, and the Supreme People's Procuracy the drafting agency for the draft decrees and decisions.

2. The drafting agency organizes research and drafting of the draft decrees and decisions.

3. Depending on the content of the draft decrees and decisions, the President decides on the publication of the full text on the website of the drafting agency. The publication of the draft must ensure a minimum period of sixty days for agencies, organizations, and individuals to provide comments.

4. The drafting agency is responsible for researching and absorbing the opinions of agencies, organizations, and individuals to revise the draft decrees and decisions and report to the President.

5. The President examines and signs to issue the decrees and decisions.

Chapter V

CONSTRUCTION AND ISSUANCE OF LEGAL DOCUMENTS BY THE GOVERNMENT, THE PRIME MINISTER,

 MINISTERS, HEADS OF GOVERNMENTAL AGENCIES AT THE SAME LEVEL AS MINISTRIES

Article 59. Establishment of Annual Program for Construction of Decrees

1. The Office of the Government takes the lead and coordinates with the Ministry of Justice and relevant agencies to establish the annual program for construction of decrees proposed by ministries, governmental agencies at the same level as ministries, government agencies, organizations, and individuals.

Proposals for construction of decrees must clearly state the necessity of issuance, content, basic policies, and preliminary impact assessment reports of the documents.

2. In necessary cases, the Office of the Government leads and coordinates with the Ministry of Justice to organize meetings involving representatives of related agencies and organizations to examine proposals for construction of decrees by the Government.

Agencies and organizations proposing construction of decrees send representatives to present issues related to their proposals.

3. The Office of the Government establishes the annual program for construction of decrees by the Government and sends it to ministries, governmental agencies at the same level as ministries, and government agencies for comments, while publishing the program on the Government’s website for agencies, organizations, and individuals to provide feedback.

4. The Government approves the annual program for construction of decrees. The Prime Minister assigns ministries, governmental agencies at the same level as ministries, and government agencies to take the lead in drafting the draft decrees.

Article 60. Drafting Board for Decrees

1. The leading agency shall establish a Drafting Board for Decrees. The Drafting Board shall consist of the Chairperson representing the leading agency and members representing the reviewing agencies, relevant agencies and organizations, experts, and scientists.

The Drafting Board shall be responsible for the quality and progress of drafting the decree draft before the leading agency.

The Chairperson of the Drafting Board shall establish an Editorial Team to assist the Drafting Board and perform tasks assigned by the Drafting Board.

2. The Drafting Board shall perform the following tasks:

a) Review and approve the outline of the decree draft;

b) Discuss fundamental issues, contents of the decree draft, and issues with differing opinions among ministries, ministerial-level agencies, and government agencies;

c) Discuss contents that need to be incorporated and revised according to the opinions of the reviewing agencies and the opinions of other agencies, organizations, and individuals;

d) Ensure that the provisions of the draft document comply with the Party's guidelines and policies, the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; ensure the consistency of the draft with the legal system; ensure the feasibility of the document.

3. Based on the Drafting Board's discussion opinions, the Chairperson of the Drafting Board shall direct the Editorial Team to draft and revise the decree draft.

Article 61. Responsibilities of the Leading Agency

1. The leading agency shall be responsible to the Government for the content, quality of the decree draft, and the progress of drafting.

2. The leading agency shall have the following responsibilities:

a) Summarize the implementation 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.

b) Organize research on information, materials, and international treaties to which the Socialist Republic of Vietnam is a party, related to the draft;

c) Organize the collection of opinions, study, incorporate, and revise the draft; prepare a report, explanatory report on incorporating opinions on the draft, impact assessment report of the draft document, and publish these documents on the Government's website or the leading agency's website;

d) Ensure the conditions for the operation of the Drafting Board and the Editorial Team.

Article 62. Soliciting Opinions on the Decree Draft

1. During the process of drafting the decree draft, the leading agency must solicit opinions from ministries, ministerial-level agencies, government agencies, and entities directly affected by the document; specify the issues requiring opinions and clearly identify the addresses for submitting opinions; post the full text of the draft on the Government's website or the leading agency's website for at least sixty days to allow agencies, organizations, and individuals to provide their opinions.

2. Soliciting opinions on the draft may be done through direct solicitation, sending the draft for comments, organizing seminars, through the Government's website, the leading agency's website, or mass media.

3. The leading agency shall be responsible for consolidating, studying, and incorporating the submitted opinions.

Article 63. Examination of Draft Decrees

1. The Ministry of Justice shall be responsible for examining draft decrees before submitting them to the Government.

For draft decrees with complex contents involving multiple sectors or fields, or those drafted under the leadership of the Ministry of Justice, the Minister of Justice shall establish an examination board comprising representatives from relevant agencies, experts, and scientists.

2. The dossier for review includes:

a) The Government’s report on the draft decree;

b) Draft decree;

c) Detailed explanatory memorandum and impact assessment report of the draft document;

d) Summary of opinions from agencies, organizations, individuals, and direct subjects affected by the document; copies of opinions from ministries, ministerial-level agencies, and government agencies; reports explaining the adoption of comments and suggestions.

6. The procedure for the Standing Committee of the National Assembly to consider the draft legislative direction proposal for the National Assembly's term shall be carried out in accordance with the provisions of Article 23 of this Regulation."

3. The content of the examination of draft decrees shall be carried out in accordance with Clause 3 of Article 36 of this Law.

4. In cases where necessary, the examining agency may request the drafting agency to report on issues related to the content of the draft decree; conduct surveys themselves or jointly with the drafting agency regarding issues within the draft decree's content. The drafting agency has the responsibility to provide information and materials for the examination of the draft decree.

5. The examination report must be sent to the drafting agency within the latest fifteen days from the date when the examining agency receives all submitted documents.

6. The drafting agency shall be responsible for studying the examination opinions, revising the draft decree, and submitting it to the Government.

Article 64. Documents for Submitting Draft Decrees to the Government

1. Proposal to the Government on the draft decree.

2. Draft decree after incorporating opinions from the examining agency and other agencies, organizations, and individuals.

3. Report explaining the incorporation of examination opinions and opinions from agencies, organizations, and individuals.

4. Detailed explanatory memorandum and impact assessment report of the draft decree.

5. Summary of opinions from agencies, organizations, and individuals.

6. Other documents (if any).

Article 65. Revision and Completion of Draft Decrees Before Submission to the Government

In cases where there are differing opinions among ministries, ministerial-level agencies, and government agencies on major issues within the content of the draft decree, the Minister, Head of the Government Office shall convene a meeting including representatives from the drafting agency, the Ministry of Justice, and leaders of relevant ministries, ministerial-level agencies, and government agencies to resolve these issues before submitting to the Government for consideration and decision. Based on the opinions at this meeting, the drafting agency will coordinate with relevant agencies to continue revising and completing the draft for submission to the Government.

Article 66. Procedure for Considering and Approving Draft Decrees

Depending on the nature and content of the draft decree, the Government may consider and approve it at one or two sessions of the Government according to the following procedure:

1. Representatives from the drafting agency present the draft.

2. Representatives from the Government Office raise issues for discussion.

3. Representatives from participating agencies and organizations express their opinions.

4. The Government discusses.

The drafting agency coordinates with the Ministry of Justice, the Government Office, and relevant agencies to revise the draft based on the Government's opinions.

5. The Government votes to approve the draft decree.

If the draft is not approved, the Prime Minister will instruct on the issues that need revision and set a time for resubmitting the draft, while assigning the drafting agency to complete the draft for the Government's consideration and approval.

6. The Prime Minister signs the decree.

Article 67. Construction and Issuance of Decisions by the Prime Minister

1. Ministries, ministerial-level agencies, and government agencies shall be responsible for drafting draft decisions of the Prime Minister according to the division of labor assigned by the Prime Minister.

2. The drafting agency shall be responsible for publishing the full text of the draft decision of the Prime Minister on the Government's electronic information website or its own website for at least sixty days to allow agencies, organizations, and individuals to provide comments.

Depending on the nature and content of the draft, the drafting agency shall send the draft to solicit opinions from ministries, ministerial-level agencies, and government agencies that are relevant.

3. The Ministry of Justice shall be responsible for reviewing the draft decision of the Prime Minister, with the review content following the provisions of Clause 3, Article 36 of this Law. The review report must be sent to the drafting agency no later than ten days from the date of receiving all submitted documents for review.

4. The drafting agency shall be responsible for studying the opinions of the reviewing agency, the opinions of agencies, organizations, and individuals to revise the draft and report to the Prime Minister.

Article 68. Construction and Issuance of Circulars by Ministers and Heads of Ministerial-Level Agencies

1. Draft Circulars shall be assigned and directed by Ministers and Heads of Ministerial-Level Agencies to subordinate units within their ministries or agencies to draft.

2. The draft circular shall be published on the electronic information website of the issuing agency for at least sixty days to allow agencies, organizations, and individuals to provide comments.

Depending on the nature and content of the draft, the draft circular may be sent to solicit opinions from ministries, ministerial-level agencies, and government agencies that are relevant.

3. Legal institutions of ministries and ministerial-level agencies shall be responsible for reviewing the draft document according to the contents stipulated in Clause 3, Article 36 of this Law.

4. The unit assigned to draft shall take the lead, coordinate with related units to study, adopt the review opinions and the opinions of agencies, organizations, and individuals to revise the draft and report to the Minister or Head of the Ministerial-Level Agency.

5. Ministers and Heads of Ministerial-Level Agencies shall examine and sign to issue the circular.

Chapter VI

CONSTRUCTION AND ISSUANCE OF LEGAL REGULATIONS BY THE SUPREME COURT JUDICIAL COUNCIL,

 CHIEF JUSTICE OF THE SUPREME PEOPLE'S COURT, PROSECUTOR GENERAL OF THE SUPREME PEOPLE'S PROSECUTORATE, STATE AUDITOR

Article 69. Construction and Issuance of Resolutions by the Supreme People's Court Judicial Council

1. Draft resolutions of the Supreme People's Court Judicial Council shall be organized and directed for drafting by the Chief Justice of the Supreme People's Court.

2. The draft resolution shall be published on the electronic information website of the Supreme People's Court for at least sixty days to allow agencies, organizations, and individuals to provide comments.

Depending on the nature and content of the draft, the Chief Justice of the Supreme People's Court shall decide to send the draft to solicit opinions from the Supreme People's Procuracy, the Ministry of Justice, local people's courts, military courts, and relevant agencies and organizations.

3. The Chief Justice of the Supreme People's Court shall direct the adoption of opinions on the draft resolution.

4. The draft resolution shall be discussed at a meeting of the Supreme People's Court Judicial Council, with the attendance of the Prosecutor General of the Supreme People's Procuracy and the Minister of Justice.

5. The Supreme People's Court Judicial Council shall vote to approve the draft resolution.

In case the Prosecutor General of the Supreme People's Procuracy and the Minister of Justice do not agree with the resolution of the Supreme People's Court Judicial Council, they have the right to report to the Standing Committee of the National Assembly for the Standing Committee of the National Assembly to consider and provide opinions at the nearest session.

6. The Chief Justice of the Supreme People's Court shall sign the resolution of the Supreme People's Court Judicial Council.

Article 70. Drafting and Issuing Circulars by the President of the Supreme People's Court

1. The draft Circulars of the President of the Supreme People's Court shall be organized and directed for drafting by the President of the Supreme People's Court.

2. The draft Circulars shall be published on the electronic information website of the Supreme People's Court for at least sixty days to allow agencies, organizations, and individuals to provide comments.

Depending on the nature and content of the draft, the President of the Supreme People's Court decides to send the draft Circulars to seek opinions from local People's Courts, Military Courts, and related agencies and organizations.

3. The draft Circulars of the President of the Supreme People's Court shall be discussed and commented upon by the Council of Judges of the Supreme People's Court.

4. The President of the Supreme People's Court directs the incorporation of comments, reviews, and signs to issue the Circulars.

Article 71. Drafting and Issuing Circulars by the Prosecutor General of the Supreme People's Procuracy

1. The draft Circulars of the Prosecutor General of the Supreme People's Procuracy shall be organized and directed for drafting by the Prosecutor General of the Supreme People's Procuracy.

2. The draft Circulars shall be published on the electronic information website of the Supreme People's Procuracy for at least sixty days to allow agencies, organizations, and individuals to provide comments.

Depending on the nature and content of the draft, the Prosecutor General of the Supreme People's Procuracy decides to send the draft Circulars to seek opinions from local People's Procuracies, Military Procuracies, and related agencies and organizations.

3. The draft Circulars of the Prosecutor General of the Supreme People's Procuracy shall be discussed and commented upon by the Supervisory Committee of the Supreme People's Procuracy.

4. The Prosecutor General of the Supreme People's Procuracy directs the incorporation of comments, reviews, and signs to issue the Circulars.

Article 72. Drafting and Issuing Decisions by the State Auditor General

1. The draft Decisions of the State Auditor General shall be organized and directed for drafting by the State Auditor General.

2. The draft Decisions shall be published on the electronic information website of the State Audit Office for at least sixty days to allow agencies, organizations, and individuals to provide comments.

3. Depending on the nature and content of the draft, the State Auditor General decides to send the draft to seek opinions from related agencies and organizations.

4. The State Auditor General directs the incorporation of comments, reviews, and signs to issue the Decisions.

Chapter VII

DRAFTING AND ISSUING JOINT LEGAL REGULATIONS

Article 73. Drafting and Issuing Joint Resolutions

1. The draft Joint Resolutions between the Standing Committee of the National Assembly or between the Government and the central agency of political-social organizations shall be assigned by the Standing Committee of the National Assembly or the Government to the leading agency to draft.

2. The leading agency has the responsibility to organize the drafting of the draft.

3. The draft shall be published on the electronic information website of the leading agency for at least sixty days to allow agencies, organizations, and individuals to provide comments.

4. The leading agency has the responsibility to study and incorporate comments to revise the draft.

5. The draft shall be approved when there is a consensus among the competent agencies and organizations issuing the Joint Resolution.

The Chairman of the National Assembly or the Prime Minister and the head of political-social organizations jointly sign the Joint Resolution.

Article 74. Drafting and Issuing Joint Circulars

1. The draft joint circular between the President of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy; between the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy and the Minister or Head of a ministerial-level agency; or among Ministers or Heads of ministerial-level agencies shall be assigned and entrusted to the main drafting agency by agreement between the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Minister or Head of a ministerial-level agency.

2. The leading agency has the responsibility to organize the drafting of the draft.

3. The draft shall be published on the electronic information website of the leading agency for at least sixty days to allow agencies, organizations, and individuals to provide comments.

The draft joint circular between the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy and the Minister or Head of a ministerial-level agency must seek opinions from members of the Supreme People's Court Judges Council and members of the Supreme People's Procuracy Inspection Committee.

The main drafting agency is responsible for reviewing comments to refine the draft.

The draft is approved when there is consensus among the competent agencies issuing the joint circular.

The President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Minister or Head of a ministerial-level agency jointly sign the joint circular.

Chapter VIII

BUILDING AND ISSUING LEGAL REGULATORY DOCUMENTS WITH A CONDENSED PROCEDURE

Article 75. Cases for Building and Issuing Legal Regulatory Documents with a Condensed Procedure

1. In cases of urgency or necessity to immediately amend to align with newly issued legal regulatory documents, the building and issuance of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decisions of the President, decrees of the Government, and decisions of the Prime Minister may be carried out through a condensed procedure.

2. The Standing Committee of the National Assembly decides on the building and issuance of ordinances and resolutions of the Standing Committee of the National Assembly through a condensed procedure; it reports to the National Assembly on the building and issuance of laws and resolutions of the National Assembly through a condensed procedure.

The President decides on the application of a condensed procedure in the building and issuance of decrees and decisions of the President.

The Prime Minister decides on the application of a condensed procedure in the building and issuance of decrees of the Government and decisions of the Prime Minister.

3. The building and issuance of legal regulatory documents through a condensed procedure are regulated as follows:

a) The main drafting agency does not necessarily need to establish a Drafting Board and Editorial Group but can directly organize the drafting process.

b) The main drafting agency may organize the solicitation of opinions from relevant agencies, organizations, and individuals regarding the draft document.

c) The reviewing agency is responsible for reviewing the draft document immediately upon receipt of the review file; the examining agency is responsible for examining the draft document immediately upon receipt of the examination file.

Article 76. Files for Submitting Draft Projects and Draft Legal Regulatory Documents Through a Condensed Procedure

1. Submission report on draft projects and drafts.

2. Draft document.

3. Review report for draft decrees of the Government and draft decisions of the Prime Minister; examination report for draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly.

Article 77. Examination and Approval of Draft Legal Normative Documents under Simplified Procedures

In cases provided for in Clause 1 of Article 75 of this Law, the National Assembly shall examine and approve draft projects and draft documents at one session; the Standing Committee of the National Assembly and the Government shall examine and approve draft projects and draft documents at one meeting.

Chapter IX

EFFECTIVENESS OF LEGAL NORMATIVE DOCUMENTS, PRINCIPLES OF APPLICATION,

PUBLICIZING LEGAL NORMATIVE DOCUMENTS

Article 78. Effective Date and Publication in the Official Gazette of Legal Normative Documents

1. The effective date of a legal normative document is specified in the document but not earlier than forty-five days from the date of promulgation or issuance.

In cases where a legal normative document stipulates emergency measures to respond to natural disasters, epidemics, the document may take effect from the date of promulgation or issuance but must be immediately published on the website of the issuing agency and announced through mass media; it must also be published in the Official Gazette of the Socialist Republic of Vietnam (hereinafter referred to as the Official Gazette) no later than two working days from the date of promulgation or issuance.

2. A legal normative document must be published in the Official Gazette; if a legal normative document is not published in the Official Gazette, it shall have no legal force, except in cases involving state secrets and the situations provided for in Subpoint 2 of Clause 1 of this Article.

Within the latest two working days from the date of promulgation or issuance, the issuing agency of the legal normative document must submit the document to the Official Gazette for publication.

The Official Gazette has the responsibility to publish the full text of the legal normative document in the Official Gazette no later than fifteen days from the date of receipt of the document.

A legal normative document published in the Official Gazette is the official document and has the same value as the original document.

The Government shall specify detailed regulations regarding the Official Gazette.

Article 79. Retroactive Effectiveness of Legal Normative Documents

1. Only in necessary cases, new legal normative documents may be prescribed with retroactive effectiveness.

2. Retroactive effectiveness shall not be prescribed in the following cases:

a) Imposing new legal liabilities for actions that were not subject to legal liability at the time they were committed;

b) Imposing heavier legal liabilities.

Article 80. Suspension of Effectiveness of Legal Normative Documents

1. When a legal normative document is suspended from implementation, its effectiveness is halted until a decision is made by the competent state authority. If the competent state authority issues a decision to revoke the document, it ceases to be effective; otherwise, the document continues to be effective.

2. The date of suspension, continuation of effectiveness, or expiration of the document's effectiveness must be clearly specified in the decision suspending implementation or the decision handling the legal normative document issued by the competent state authority.

3. Decisions suspending implementation or handling legal normative documents must be published in the Official Gazette and announced through mass media.

Article 81. Cases where normative legal documents become invalid

Normative legal documents become wholly or partially invalid in the following cases:

1. Expiration of the validity period specified in the document;

2. Being amended, supplemented, or replaced by a new document issued by the same state agency that issued the original document;

3. Being annulled or abolished by a document issued by a competent state agency.

Article 82. Territorial and Subject Matter Scope of Application

Normative legal documents of central state agencies have effect throughout the country and apply to all agencies, organizations, and individuals, except where the document provides otherwise or where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 83. Application of Normative Legal Documents

1. Normative legal documents are applied from the date they come into effect.

Normative legal documents are applied to acts committed at the time when the document is in effect. In cases where the document has retroactive effect, it shall be applied according to such provisions.

2. Where different normative legal documents provide different regulations on the same matter, the document with higher legal force shall be applied.

3. Where different normative legal documents issued by the same agency provide different regulations on the same matter, the regulation of the later-issued document shall be applied.

4. Where a new normative legal document does not stipulate legal liability for acts committed before the document came into effect or stipulates lighter legal liability, the new document shall be applied.

Article 84. Publication and Announcement of Normative Legal Documents

Normative legal documents must be published in full on the website of the issuing agency no later than two days from the date of promulgation or issuance and must be announced through mass media, except for documents containing state secrets.

Chapter X

INTERPRETATION OF LAWS AND ORDINANCES

Article 85. Authority to Interpret Laws and Ordinances

The Standing Committee of the National Assembly interprets laws and ordinances.

Agencies and organizations specified in Article 87 of the Constitution, and National Assembly deputies have the right to request the Standing Committee of the National Assembly to interpret laws and ordinances. The Standing Committee of the National Assembly considers and decides on the interpretation.

Article 86. Drafting and Issuing Resolutions for Interpreting Laws and Ordinances

1. Depending on the nature and content of the issue requiring interpretation, the Standing Committee of the National Assembly assigns the Government, the Supreme People's Court, the Supreme People's Procuracy, the National Ethnic Council, or the National Assembly's Committees to draft resolutions interpreting laws and ordinances to be submitted to the Standing Committee of the National Assembly.

The Standing Committee of the National Assembly assigns the National Ethnic Council or the National Assembly's Committees to review the compatibility of the draft resolution with the spirit and content of the document being interpreted.

2. The Standing Committee of the National Assembly examines and approves the draft resolution interpreting laws and ordinances in the following procedure:

a) Representatives of the agencies, organizations, and National Assembly deputies who requested the interpretation are invited to attend the session to present their opinions;

b) Representatives of the agency responsible for preparing the draft resolution interpret the draft and read the full text;

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

d) Representatives of the invited agencies, organizations, and individuals express their opinions;

đ) The Standing Committee of the National Assembly discusses;

e) The chairperson of the meeting shall conclude;

e) The Standing Committee of the National Assembly votes;

f) The Chairman of the National Assembly signs the resolution interpreting laws and ordinances.

3. The resolution interpreting laws and ordinances is published in the Official Gazette and announced through mass media.

Chapter XI

SUPERVISION, INSPECTION, HANDLING OF NORMATIVE LEGAL DOCUMENTS, CONSOLIDATION OF NORMATIVE LEGAL DOCUMENTS, AND IMPROVEMENT OF THE SYSTEM OF NORMATIVE LEGAL DOCUMENTS

COMPLETION OF THE SYSTEM OF NORMATIVE LEGAL DOCUMENTS

Article 87. Supervision and Inspection of Legal Normative Documents

Legal normative documents must be supervised and inspected by state agencies with competent authority in accordance with the provisions of the law.

The supervision and inspection of legal normative documents are carried out to identify incorrect contents or those that are no longer appropriate, in order to promptly suspend implementation, amend, supplement, revoke, or abolish part or all of the document, while recommending the competent agency to determine the responsibility of the agency or individual who issued the incorrect document.

Article 88. Contents of Supervision and Inspection of Legal Normative Documents

1. The consistency of the Constitution, laws, resolutions of the National Assembly, and legal normative documents of higher-level state agencies.

2. The consistency of the form of the document with its content.

3. The consistency of the content of the document with the authority of the issuing agency.

4. The consistency between existing legal normative documents and newly issued legal normative documents of the same agency.

Article 89. Supervision and Handling of Legal Normative Documents Showing Signs of Violating the Law

1. The National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, and the Committees of the National Assembly within their respective tasks and powers supervise the issuance of legal normative documents.

2. The authority, procedures, and processes for supervising the issuance of legal normative documents and handling legal normative documents showing signs of violating the law are implemented according to the provisions of the Law on the Activities of Supervision by the National Assembly.

Article 90. The Government Inspects and Handles Legal Normative Documents Showing Signs of Violating the Law

1. The Government inspects legal normative documents and handles legal normative documents showing signs of violating the law of ministries and agencies at the ministerial level.

2. The Prime Minister examines and decides to abolish or suspend the implementation of part or all of the legal normative documents issued by ministers and heads of agencies at the ministerial level that violate the Constitution, laws, and legal normative documents of higher-level state agencies.

3. The Ministry of Justice is responsible before the Government for managing the State's work related to inspecting legal normative documents; assists the Prime Minister in inspecting and handling legal normative documents showing signs of violating the law of ministries and agencies at the ministerial level.

Article 91. Ministers and Heads of Agencies at the Ministerial Level Inspect and Handle Legal Normative Documents Showing Signs of Violating the Law

1. Ministers and heads of agencies at the ministerial level are responsible for inspecting their own legal normative documents and those of other ministries and agencies concerning matters related to their sectors and fields of responsibility.

When discovering that legal normative documents they have issued violate the law, ministers and heads of agencies at the ministerial level shall themselves abolish, amend, supplement, or issue new legal normative documents to replace them.

2. Ministers and heads of agencies at the ministerial level managing sectors and fields have the right to request the ministers and heads of agencies at the ministerial level who have issued documents concerning their sectors and fields to abolish or suspend the implementation of part or all of such documents; if the request is not accepted, they may submit it to the Prime Minister for decision.

Article 92. Consolidation of Legal Normative Documents

1. The legal normative document amending and supplementing certain provisions of another legal normative document shall be technically consolidated with the document being amended and supplemented.

2. The consolidation of legal normative documents shall be regulated by the Standing Committee of the National Assembly.

Article 93. Review, Systematization, Codification of Legal Norms Systems

1. State agencies within their respective duties and powers shall have the responsibility to regularly review and periodically systematize legal normative documents; if they discover any provisions that contravene the law, are contradictory, overlapping, or no longer suitable for the country's development situation, they shall themselves or propose to the competent state agency to promptly amend, supplement, replace, abolish, or suspend the enforcement of such documents.

Organizations and citizens have the right to request the competent state agency to consider the amendment, supplementation, replacement, abolition, or suspension of the enforcement of legal normative documents.

2. Legal norms must be reviewed, collected, and arranged into codes according to specific topics.

The codification of legal norms systems shall be regulated by the Standing Committee of the National Assembly.

Chapter XII

IMPLEMENTING PROVISIONS

Article 94. Budget for Drafting Legal Normative Documents

The budget for drafting legal normative documents shall be provided from the state budget.

Article 95. Effective Date

1. This Law shall take effect from January 1, 2009.

This Law replaces the Law on Issuing Legal Normative Documents 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Normative Documents 2002.

2. Legal normative documents including resolutions of the Government; directives of the Prime Minister; decisions and directives of the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, Ministers, Heads of ministerial-level agencies; joint documents between Ministers, Heads of ministerial-level agencies and central agencies of political-social organizations issued before this Law takes effect shall continue to be effective until they are abolished, annulled, or replaced by other legal normative documents.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, third meeting, on June 3, 2008./.​