Directive No. 189/TTg on urgently preparing guiding documents for implementing Laws and Ordinances

DIRECTIVE

On Urgently Preparing Directives to Implement Laws and Ordinances

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At the regular meeting in March 1996, the Government reviewed the work of preparing directives by the Government to guide the implementation of Laws and Ordinances that have been adopted by the National Assembly and the Standing Committee of the National Assembly in recent times. Currently, there are still many pending tasks in preparing directives to implement these Laws and Ordinances, which delays their application in practice and hinders the implementation of the Government's programs and plans in economic, cultural, social, security, and public order areas.

To promptly and effectively implement the Laws adopted by the National Assembly and the Ordinances adopted by the Standing Committee of the National Assembly, thereby enhancing the State's management and operational effectiveness and contributing to the completion of the Government's programs and plans, the Prime Minister issues the following directive:

The Ministers, Heads of Ministries equivalent to Ministries, and Heads of Government agencies must urgently organize the drafting of detailed directives to guide the implementation of Laws and Ordinances adopted by the National Assembly and the Standing Committee of the National Assembly as follows:

1. Regarding the Labor Code, there are currently seven missing directives for implementation (Decree on State Inspection for labor safety; Decree on labor inspection; Decree on the list of enterprises not allowed to strike; Decree on female workers; State management of labor; Decree on issuing work permits for foreign workers in Vietnam; and Decree on the regime for workers in bankrupt enterprises). The Ministry of Labor, War Invalids and Social Affairs shall prepare and submit to the Government for promulgation in April and May 1996.

2. Regarding the Law on State-Owned Enterprises, there are currently no directives for implementation:

- Decree on procedures for establishment, registration of business, restructuring, dissolution, and setting up representative offices of state-owned enterprises; Decree on state-owned enterprises engaged in public services and directly serving national defense and security; Decree on criteria for compiling the list of large-scale enterprises required to establish a Board of Directors; Rules on organization and operation of the Board of Directors, General Director, and Director; Decree on priority sectors for establishing state-owned enterprises, where the State needs to maintain controlling shares or special shares. The Ministry of Planning and Investment shall prepare and submit to the Government for promulgation in the second quarter of 1996.

- Decree on rules for organization and operation of supervisory bodies in state-owned enterprises without a Board of Directors; Decree on rights to transfer, lease, mortgage, and pledge assets under the management of state-owned enterprises; Decree on minimum capital requirements for establishing state-owned enterprises; Decree on financial management rights and obligations of state-owned enterprises. The Ministry of Finance shall prepare and submit to the Government for promulgation in April and May 1996.

- Decree on the list of products and services subject to state pricing or price control. The Government Price Control Agency shall prepare and submit to the Government for promulgation in April 1996.

- Decree on labor, wages, and bonuses in state-owned enterprises. The Ministry of Labor, War Invalids and Social Affairs shall prepare and submit to the Government in April 1996.

- Decree on reporting and statistics of enterprises. The General Statistics Office shall prepare and submit to the Government for promulgation in April 1996.

3. Regarding the Law on Minerals, the Ministry of Industry shall prepare implementing directives for the Law and submit them to the Government for promulgation in May 1996.

4. Regarding the Law on Cooperatives, the Ministry of Planning and Investment shall prepare and submit to the Government for promulgation implementing directives for the Law in May 1996.

5. Regarding the Law on State Budget, the Ministry of Finance shall prepare and submit to the Government for promulgation implementing directives for the Law in April and May 1996.

6. Regarding the Civil Code:

The Prime Minister has issued Directive No. 833/TTg dated December 19, 1995 on the implementation of the Resolution of the National Assembly regarding the enforcement of the Civil Code and has specifically assigned ministries and sectors to study and draft detailed directives to implement certain provisions of the Civil Code. It is requested that ministries and sectors urgently implement the drafting of regulatory documents according to the schedule and ensure quality in accordance with the spirit of Directive No. 833/TTg to submit to the Government for promulgation, timely serving the enforcement of the Civil Code which will take effect from July 1, 1996.

7. Regarding the Ordinance on Administrative Violations, the Prime Minister has issued Directive No. 445/TTg dated August 9, 1995 on organizing the implementation of the Ordinance on Administrative Violations, assigning specific tasks to ministries and sectors to prepare documents for submission to the Government for promulgation by the end of the fourth quarter of 1995, but so far the Government has only promulgated two Decrees (Decree on administrative penalties in the field of trade, Decree on administrative penalties in the field of Customs). There are currently about 18 documents needed for promulgation that have been specifically assigned to ministries and sectors in Directive No. 445/TTg. It is requested that ministries and sectors urgently prepare and submit to the Government in April and May 1996.

8. Regarding the Ordinance on Exploitation and Protection of Hydro-Meteorological Works, the General Hydro-Meteorological Service shall prepare and submit to the Government for promulgation detailed directives to implement the Ordinance in April 1996.

9. Regarding the Ordinance on Recognition and Enforcement in Vietnam of Foreign Arbitration Awards. The Ministry of Justice shall prepare and submit to the Government for promulgation directives to implement the Ordinance in April 1996.

10. Regarding the Ordinance on Protection of Transportation Infrastructure. The Ministry of Transport shall prepare and submit to the Government for promulgation directives to implement the Ordinance in April 1996.

11. Regarding the Ordinance on Militia and Self-Defense Forces. The Ministry of Defense shall prepare and submit to the Government for promulgation directives to implement the Ordinance in April 1996.

12. Regarding the Ordinance on Supervision by the Standing Committee of the National Assembly and the Government over People's Councils and People's Committees at all levels. The Government Organization and Cadre Department shall prepare and submit to the Government for promulgation directives to implement the Ordinance in May 1996.

13. Regarding the Civil Aviation Law of Vietnam. The Department of Civil Aviation shall prepare guiding documents for implementation of the Law (including Decrees on regulations concerning port authorities and inter-agency cooperation at ports; Decrees on aircraft registration) and submit them to the Government for issuance in April 1996.

- In addition to the above Laws and Ordinances, Ministries, agencies equivalent to Ministries, and government agencies within their respective scope, functions, and responsibilities shall review all Laws and Ordinances issued in recent years, and if there are still missing guiding documents, they must urgently draft and submit them to the Government for issuance in the second quarter of 1996.

During the process of drafting legal documents generally, Ministries and sectors must consistently coordinate closely with the Ministry of Justice and the Office of the Government to ensure the quality and progress of document drafting.

+ The Ministry of Justice is responsible for urging, inspecting, supporting Ministries and sectors in preparing the aforementioned documents and conducting preliminary reviews before submission to the Government. From now on, the Government will only consider draft documents when they have been reviewed by the Ministry of Justice.

+ The Office of the Government shall continuously monitor and report to the Government on the progress of implementing this Directive.

Ministers, heads of agencies equivalent to Ministries, and heads of government agencies shall strictly organize and direct the submission of documents to the Government in accordance with the deadlines set out in this Directive.