This Law stipulates the authority, procedures, and formalities for issuing regulatory legal documents of People's Councils and People's Committees. Regulatory legal documents have effect within the territorial scope and are guaranteed by the State to be implemented to adjust social relations according to the socialist orientation.
Đối tượng áp dụng
Provincial, district, and commune-level People's Councils and People's Committees.
Các điểm cốt lõi
- People's Councils and People's Committees have the authority to issue regulatory legal documents in economic, education, health, social, cultural, information, sports, science and technology, natural resources and environment, defense, security, public order, and social safety fields.
- Regulatory legal documents of People's Councils are issued in the form of resolutions, while those of People's Committees are issued in the form of decisions or directives.
- The drafting and issuance procedures for regulatory legal documents must comply with steps such as developing a construction program, drafting a draft, soliciting opinions, reviewing, submitting to the People's Council for approval, and signing for issuance.
- Regulatory legal documents take effect 10 days after being approved or signed for issuance, except where the document specifies a later effective date.
- In cases of emergency, People's Committees have the authority to issue decisions or directives according to the prescribed procedures and formalities.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creating specific legal documents to regulate social relations at the local level.
- Negative impact: May impose burdens in terms of costs and administrative procedures on businesses and citizens.
❓ Câu hỏi thường gặp
In which fields do People's Councils and People's Committees have the authority to issue regulatory legal documents?
People's Councils and People's Committees issue regulatory legal documents in economic, education, health, social, cultural, information, sports, science and technology, natural resources and environment, defense, security, public order, and social safety fields.
What form are regulatory legal documents of People's Councils issued in?
Regulatory legal documents of People's Councils are issued in the form of resolutions.
What steps does the drafting and issuance procedure for regulatory legal documents include?
The drafting and issuance procedure for regulatory legal documents includes the following steps: developing a construction program, drafting a draft, soliciting opinions, reviewing, submitting to the People's Council for approval, and signing for issuance.
When do regulatory legal documents take effect?
Regulatory legal documents take effect 10 days after being approved or signed for issuance, except where the document specifies a later effective date.
In cases of emergency, what procedures and formalities can People's Committees follow to issue decisions or directives?
In cases of emergency, People's Committees may assign specialized agencies to draft decision or directive drafts and convene immediate sessions to approve the drafts. The Chairman of the People's Committee will sign for issuance of the decisions or directives.
Toàn văn
LAW
Issuing regulatory legal documents of People's Councils and People's Committees
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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
This Law stipulates the authority, procedures, and formalities for issuing regulatory legal documents of People's Councils and People's Committees.
PART I
GENERAL PROVISIONS
Article 1. Regulatory Legal Documents of People's Councils and People's Committees
1. Regulatory legal documents of People's Councils and People's Committees are documents issued by People's Councils and People's Committees within their authority, according to the procedures and formalities prescribed by this Law, containing general rules of conduct, effective within the territorial scope, guaranteed by the State for implementation, aimed at adjusting social relations in the locality in accordance with the socialist orientation.
2. Regulatory legal documents of People's Councils are issued in the form of resolutions. Regulatory legal documents of People's Committees are issued in the form of decisions and directives.
Article 2. Scope of Issuance of Regulatory Legal Documents of People's Councils and People's Committees
1. People's Councils issue regulatory legal documents in the following cases:
a) Deciding on policies, measures to ensure the enforcement of the Constitution, laws, and regulatory legal documents of higher-level state agencies;
b) Deciding on plans for socio-economic development, budgets, national defense, and security in the locality;
c) Deciding on measures to stabilize and improve the living standards of the people, completing tasks assigned by higher levels;
d) Deciding within its authorized scope on policies and measures with specific characteristics suitable to the conditions of socio-economic development of the locality to promote its potential, but not contrary to the regulatory legal documents of higher-level state agencies;
e) Regulatory legal documents of higher-level state agencies entrusting People's Councils to specify a particular issue.
2. People's Committees issue regulatory legal documents in the following cases:
a) To implement the Constitution, laws, regulatory legal documents of higher-level state agencies, and resolutions of the same-level People's Council regarding socio-economic development, consolidation of national defense, and security;
b) To perform state management functions in the locality and implement other policies within the area;
c) Regulatory legal documents of higher-level state agencies entrusting People's Committees to specify a particular issue.
Article 3. Constitutional and Legal Validity and Consistency of Regulatory Legal Documents of People's Councils and People's Committees within the Legal System
1. Regulatory legal documents of People's Councils and People's Committees must be consistent with the Constitution, laws, and regulatory legal documents of higher-level state agencies, ensuring consistency and hierarchical validity of the documents within the legal system; regulatory legal documents of People's Committees must also be consistent with resolutions of the same-level People's Council.
2. Regulatory legal documents of People's Councils and People's Committees that contravene the Constitution, laws, and regulatory legal documents of higher-level state agencies, and regulatory legal documents of People's Committees that contravene regulatory legal documents of the same-level People's Council shall be promptly suspended, amended, revoked, or annulled by competent state agencies or individuals.
Article 4. Participation in providing comments on draft regulatory legal documents of the People's Council and People's Committee
1. The Vietnam Fatherland Front and its member organizations, other agencies, organizations, and individuals have the right to participate in providing comments for the construction of regulatory legal documents of the People's Council and People's Committee.
2. During the process of constructing regulatory legal documents of the People's Council and People's Committee, relevant agencies shall be responsible for creating conditions for agencies, organizations, and individuals specified in Clause 1 of this Article to participate in providing comments on draft documents.
3. Based on the nature and content of draft regulatory legal documents of the People's Council and People's Committee, relevant agencies must organize the collection of opinions from entities directly affected by the document within appropriate scope and form.
4. The agency collecting opinions shall be responsible for studying and adopting the opinions to revise the draft document.
Article 5. Effectiveness of regulatory legal documents of the People's Council and People's Committee
Regulatory legal documents of the People's Council and People's Committee must specify their effectiveness in terms of time, space, and application subjects.
Article 6. Language of regulatory legal documents of the People's Council and People's Committee
1. Regulatory legal documents of the People's Council and People's Committee shall be expressed in Vietnamese. The language used in the document must be accurate, common, and clearly articulated; for specialized terms that need clear definition, they must be explained in the document.
2. Regulatory legal documents of the People's Council and People's Committee may be translated into ethnic minority languages. The translation of regulatory legal documents of the People's Council and People's Committee into ethnic minority languages shall be regulated by the People's Committee of provinces and centrally-administered cities.
3. Regulatory legal documents of the People's Council and People's Committee may be translated into foreign languages. The translation of regulatory legal documents of the People's Council and People's Committee into foreign languages shall be regulated by the Government.
Article 7. Numbering and Signatures of Regulatory Legal Documents of the People's Council and People's Committee
1. Regulatory legal documents issued by the People's Council and People's Committee must be numbered sequentially along with the year of issuance and given a signature for each type of document.
The numbering must start from number 01 for each type of document according to the year of issuance of that type of document.
The signature of regulatory legal documents of the People's Council and People's Committee shall be arranged as follows: document number/year of issuance/abbreviated name of document type - abbreviated name of issuing agency.
2. The abbreviated names of document types and issuing agencies are defined as follows:
a) Resolution is abbreviated as NQ, Decision is abbreviated as QD, Directive is abbreviated as CT;
b) People's Council is abbreviated as HĐND, People's Committee is abbreviated as UBND.
Article 8. Publishing in the Official Gazette, Posting, Announcing, Sending, and Storing Documents
1. Regulatory legal documents of the People's Council and People's Committee of provinces and centrally-administered cities (hereinafter referred to collectively as the People's Council and People's Committee at provincial level) must be published in the Provincial Official Gazette. The publication of regulatory legal documents of the People's Council and People's Committee at provincial level in the Official Gazette shall be carried out in accordance with regulations of the Government.
Published documents have the same validity as original documents.
The People's Committee at provincial level shall be responsible for managing the Official Gazette.
2. Regulatory legal documents of the People's Council and People's Committee must be announced through local mass media.
Regulatory legal documents of the People's Council and People's Committee at district level (hereinafter referred to collectively as the People's Council and People's Committee at district level), and regulatory legal documents of the People's Council and People's Committee at commune level (hereinafter referred to collectively as the People's Council and People's Committee at commune level) must be posted at the office of the issuing agency and other locations determined by the Chairman of the People's Committee at the same level.
3. Regulatory legal documents of the People's Council and People's Committee must be sent to higher-level state agencies, supervisory and inspection agencies, and related agencies, organizations, and individuals in the locality no later than three days from the date the People's Council passes or the Chairman of the People's Committee signs to issue. Regulatory legal documents of the People's Council at provincial level must be sent to the Standing Committee of the National Assembly and the Government; regulatory legal documents of the People's Council and People's Committee at provincial level must be sent to the Delegation of the National Assembly.
4. Regulatory legal documents of the People's Council and People's Committee must be stored in accordance with laws on archiving.
Article 9. Supervision and inspection of normative legal documents of People's Councils and People's Committees
1. The Standing Committee of the National Assembly, Delegations of National Assembly Members, and National Assembly Members within their respective duties and powers shall supervise normative legal documents of People's Councils and People's Committees.
2. The Government, Ministries, ministerial-level agencies, and agencies under the Government within their respective duties and powers shall inspect normative legal documents of People's Councils and People's Committees.
3. People's Councils, Standing Bodies of People's Councils, People's Council Members, People's Committees, and Chairpersons of People's Committees within their respective duties and powers shall supervise and inspect normative legal documents of directly subordinate People's Councils and People's Committees; People's Councils shall supervise normative legal documents of the same level People's Committees.
4. The Vietnam Fatherland Front and its member organizations, other agencies and organizations, and local residents shall participate in supervising normative legal documents of People's Councils and People's Committees and make recommendations to competent authorities or individuals for handling normative legal documents that violate the law.
5. The supervision and inspection of normative legal documents and the handling of normative legal documents of People's Councils and People's Committees when there is a violation of the law shall be carried out in accordance with the provisions of the law.
Article 10. Review and systematization of normative legal documents of People's Councils and People's Committees
1. Normative legal documents of People's Councils and People's Committees must be reviewed regularly and systematized periodically.
2. People's Committees shall be responsible for organizing the review and systematization of their own normative legal documents and those of the same level People's Councils.
3. Judicial agencies under People's Committees (hereinafter referred to as judicial agencies) shall have the main responsibility to coordinate with relevant agencies and organizations to assist the same level People's Committees in reviewing and systematizing normative legal documents of People's Councils and People's Committees in order to promptly propose amendments, supplements, replacements, revocations, cancellations, or suspensions of enforcement.
Article 11. Amendment, supplementation, replacement, revocation, cancellation, or suspension of enforcement of normative legal documents of People's Councils and People's Committees
1. Normative legal documents issued by People's Councils and People's Committees can only be amended, supplemented, replaced, revoked, or canceled by the same People's Councils or People's Committees that issued the documents, or suspended, revoked, or canceled by competent authorities or individuals.
2. Documents amending, supplementing, replacing, revoking, canceling, or suspending the enforcement of other documents must clearly specify the name of the document, article, clause, or point being amended, supplemented, replaced, revoked, canceled, or suspended.
Chapter II
CONTENT OF NORMATIVE LEGAL DOCUMENTS OF PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES
Section 1
CONTENT OF NORMATIVE LEGAL DOCUMENTS OF PROVINCIAL LEVEL PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES
Article 12. Content of resolutions of provincial-level People's Councils
1. Resolutions of provincial People's Councils are issued to decide on policies, measures in economic, education, health, social, cultural, information, sports, science and technology, natural resources and environment, national defense, security, public order, social safety, implementation of ethnic and religious policies, enforcement of laws, construction of local administration, and management of administrative boundaries within the province as stipulated in Articles 11, 12, 13, 14, 15, 16, and 17 of the Law on the Organization of People's Councils and People's Committees and related normative legal documents of higher state agencies.
2. Resolutions of municipal People's Councils directly under the central government are issued to decide on policies, measures as stipulated in Clause 1 of this Article and other policies, measures regarding urban construction and development within the city as stipulated in Article 18 of the Law on the Organization of People's Councils and People's Committees and related normative legal documents of higher state agencies.
Article 13. Contents of the Decision of the Provincial People's Committee
1. The Decision of the Provincial People's Committee is issued to implement policies, measures in economic, agricultural, forestry, fishery, water resources, land, industry, small-scale industry, transportation, construction, urban management and development, trade, services, tourism, education and training, culture, information, sports, health, social welfare, science and technology, natural resources and environment, national defense, security, public order, social safety, implementation of ethnic policies and religious policies, enforcement of laws, building of local administration and administrative boundary management within the province as stipulated in Articles 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, and 95 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
2. The Decision of the People's Committee of a centrally governed city is issued to implement policies, measures as stipulated in Clause 1 of this Article and other policies, measures related to urban construction, management, and development within the city as stipulated in Article 96 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
Article 14. Contents of the Directive of the Provincial People's Committee
The Directive of the Provincial People's Committee is issued to specify measures for directing, coordinating activities, urging and inspecting the activities of subordinate agencies and units, and of lower-level People's Councils and People's Committees in implementing documents from higher-level state agencies, the same-level People's Council, and its own decisions.
Section 2
CONTENTS OF LEGAL NORMATIVE DOCUMENTS OF THE PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE AT THE DISTRICT LEVEL
Article 15. Contents of the Resolution of the District People's Council
1. The Resolution of the District People's Council is issued to decide on policies and measures in economic, educational, health, cultural, information, sports, social welfare, living conditions, science and technology, natural resources and environment, national defense, security, public order, social safety, implementation of ethnic policies and religious policies, enforcement of laws, building of local administration and administrative boundary management within the district as stipulated in Articles 19, 20, 21, 22, 23, 24, and 25 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
2. The Resolution of the People's Council of a district is issued to decide on policies and measures as stipulated in Clause 1 of this Article and other policies and measures related to urban construction and development within the district as stipulated in Article 26 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
3. The Resolution of the People's Council of a town or provincial city is issued to decide on policies and measures as stipulated in Clause 1 of this Article and other policies and measures related to town or provincial city construction and development as stipulated in Article 27 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
4. The Resolution of the People's Council of a coastal island district is issued to decide on policies and measures as stipulated in Clause 1 of this Article and other policies and measures related to coastal island construction and development as stipulated in Article 28 of the Law on Organization of People's Councils and People's Committees and other relevant legal normative documents of higher-level state agencies.
Article 16. Contents of Decisions of the People's Committee at the district level
1. The Decision of the District People's Committee shall be issued to implement policies and measures in economic, agricultural, forestry, fishery, water resources, land, industry, small-scale industry, construction, transportation, trade, services, tourism, education, health care, social affairs, culture, information, sports, science and technology, natural resources and environment, national defense, security, public order, social safety, implementation of ethnic and religious policies, enforcement of laws, building of local administration and management of administrative boundaries within the district as stipulated in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, and 107 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
2. The Decision of the Urban District People's Committee shall be issued to implement policies and measures as stipulated in Clause 1 of this Article and other policies and measures concerning urban construction and development within the urban district as stipulated in Article 109 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
3. The Decision of the People's Committee of a town or provincial city shall be issued to implement policies and measures as stipulated in Clause 1 of this Article and other policies and measures concerning the construction and development of towns and provincial cities as stipulated in Article 108 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
4. The Decision of the People's Committee of a district located in an island area shall be issued to implement policies and measures as stipulated in Clause 1 of this Article and other policies and measures concerning the construction and development of islands as stipulated in Article 110 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
Article 17. Contents of Directives of the People's Committee at the district level
The Directive of the People's Committee at the district level shall be issued to specify measures for directing and supervising the activities of subordinate agencies and units, and of the People's Councils and People's Committees at the commune level in implementing legal documents from higher state agencies, the same-level People's Council, and their own decisions.
Section 3
CONTENTS OF LEGAL DOCUMENTS OF THE PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES AT THE COMMUNE LEVEL
Article 18. Contents of Resolutions of the People's Council at the commune level
1. The Resolution of the Commune People's Council or Town People's Council shall be issued to decide on policies and measures in economic, educational, healthcare, social, cultural, information, sports, natural resource and environmental protection, national defense, security, public order, social safety, implementation of ethnic and religious policies, enforcement of laws, and building of local administration within the commune or town as stipulated in Articles 29, 30, 31, 32, 33, and 34 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
2. The Resolution of the Ward People's Council shall be issued to decide on policies and measures as stipulated in Clause 1 of this Article and other policies and measures concerning urban construction and development within the ward as stipulated in Article 35 of the Law on the Organization of People's Councils and People's Committees and other relevant legal documents from higher state agencies.
Article 19. Contents of Decisions of Commune People's Committees
1. Decisions of commune and town People's Committees are issued to implement policies and measures in economic, agricultural, forestry, fishery, water conservancy, small-scale industry, construction, transportation, education, health, social welfare, culture, sports, national defense, security, public order, social safety, ethnic policy, religious policy, enforcement of laws within the commune or town as stipulated in Articles 111, 112, 113, 114, 115, 116, and 117 of the Law on the Organization of People's Councils and People's Committees and other relevant normative legal documents of higher-level state agencies.
2. Decisions of ward People's Committees are issued to implement policies and measures as stipulated in Clause 1 of this Article and other policies and measures related to urban construction and development within the ward as stipulated in Article 118 of the Law on the Organization of People's Councils and People's Committees and other relevant normative legal documents of higher-level state agencies.
Article 20. Contents of Directives of Commune People's Committees
Directives of Commune People's Committees are issued to specify measures for directing and supervising the activities of agencies, organizations, and individuals under their management in implementing documents from higher-level state agencies, the same-level People's Council, and their own decisions.
Chapter III
PROCEDURES AND REQUIREMENTS FOR THE PREPARATION AND ISSUANCE OF RESOLUTIONS BY PEOPLE'S COUNCILS
Section 1
PROCEDURES AND REQUIREMENTS FOR THE PREPARATION AND ISSUANCE OF RESOLUTIONS BY PROVINCE LEVEL PEOPLE'S COUNCILS
Article 21. Drafting, Approval, and Adjustment of the Annual Resolution Building Program of the Provincial People's Council
1. The annual resolution building program of the provincial People's Council is drafted based on the Party's guidelines, policies, economic and social development strategies, national defense and security, local administrative management requirements, ensuring the implementation of documents from higher-level state agencies, and safeguarding the rights and obligations of citizens in the locality.
2. The Standing Body of the People's Council leads and coordinates with the People's Committee to draft the proposed resolution building program of the People's Council to be decided at the final session of the year.
3. In cases where it is necessary to adjust the resolution building program of the People's Council, the Standing Body of the People's Council coordinates with the People's Committee to make adjustments and report to the People's Council at the nearest session.
4. The Standing Body of the People's Council is responsible for organizing the implementation of the resolution building program of the People's Council and assigning the Council's Committee to review the draft resolution.
Article 22. Drafting Resolutions of the Provincial People's Council
1. The draft resolution of the provincial People's Council is submitted by the People's Committee or another agency or organization as assigned by the Standing Body of the People's Council.
2. The agency submitting the draft resolution organizes the drafting process or assigns another agency to draft it.
3. The drafting agency has the following tasks:
a) Surveying and evaluating the current social relations in the locality related to the draft; studying the Party's guidelines, policies, documents from higher-level state agencies, and information and materials related to the draft;
b) Drafting the resolution and preparing the submission report for the draft resolution; identifying the documents, articles, clauses, and points that need to be amended, supplemented, replaced, abolished, or repealed;
c) Compiling, researching, incorporating feedback, and revising the draft resolution.
Article 23. Soliciting Opinions on Draft Resolutions of the Provincial People's Council
Depending on the nature and content of the draft resolution, the drafting agency shall organize the solicitation of opinions from relevant agencies and organizations, and the subjects directly affected by the resolution.
Relevant agencies and organizations solicited for opinions shall be responsible for providing written responses within five days from the date they receive the draft resolution.
In cases where opinions are sought from subjects directly affected by the resolution, the agency soliciting opinions shall be responsible for identifying issues requiring opinion, addresses to receive opinions, and allocating at least seven days from the date of solicitation for these subjects to provide comments on the draft resolution.
Article 24. Reviewing Draft Resolutions of the Provincial People's Council Submitted by the Same-Level People's Committee
1. Draft resolutions of the provincial people's council submitted by the same-level people's committee must be reviewed by the same-level judicial agency before being submitted to the people's committee.
At least fifteen days prior to the meeting of the people's committee, the drafting agency must submit the draft resolution dossier to the judicial agency for review.
2. The dossier for review includes:
a) Letter requesting review;
b) The proposal and draft resolution;
c) A summary of opinions on the draft resolution;
d) Related documents.
3. The scope of review includes:
a) The necessity of issuing the resolution;
b) The objects and scope regulated by the draft resolution;
c) The constitutionality, legality, and consistency of the draft resolution with the legal system;
d) Language and document drafting techniques.
The judicial agency may provide opinions on the feasibility of the draft resolution.
4. At least seven days prior to the meeting of the people's committee, the judicial agency sends the review report to the drafting agency. The drafting agency is responsible for studying and incorporating the review opinions to revise the draft resolution.
Article 25. Dossier of Draft Resolution Submitted to the Provincial People's Committee
1. The dossier of the draft resolution includes:
a) The proposal and draft resolution;
b) The review report;
c) Related documents.
2. The drafting agency is responsible for submitting the draft resolution dossier to the people's committee to forward to the members of the people's committee at least three days prior to the meeting of the people's committee.
Article 26. Responsibilities of the Provincial People's Committee Regarding Draft Resolutions of the Same-Level People's Council
1. For draft resolutions submitted by the people's committee, the people's committee is responsible for collectively examining, discussing, and voting by majority to decide on submitting the draft resolution to the same-level people's council.
2. For draft resolutions submitted by other agencies or organizations, the people's committee is responsible for providing written opinions.
At least twenty-five days prior to the opening of the session of the people's council, the agency submitting the draft resolution must send the proposal, draft resolution, and related documents to the people's committee for the people's committee to provide opinions.
At least twenty days prior to the opening of the session of the people's council, the people's committee must send its written opinions to the agency submitting the draft resolution.
Article 27. Scrutiny of Draft Resolutions of the Provincial People's Council
1. Draft resolutions of the provincial people's council must be scrutinized by the council's committee at the same level before being submitted to the people's council.
2. At least fifteen days prior to the opening of the session of the people's council, the agency submitting the draft resolution must send the draft resolution dossier to the committee of the people's council assigned to conduct the scrutiny. The dossier for scrutiny includes:
a) The proposal and draft resolution;
b) Related documents.
3. The scope of scrutiny includes:
a) The conformity of the content of the draft resolution with the Party's policies and guidelines;
b) The conformity of the content of the draft resolution with the socio-economic conditions and development situation of the locality;
c) The constitutionality, legality, and consistency of the draft resolution with the legal system.
4. The scrutiny report must be sent to the Standing Body of the People's Council at least seven days prior to the opening of the session of the people's council.
Article 28. Documents for draft resolutions submitted to the Provincial People's Council
1. The Standing Committee of the People's Council shall direct the preparation of documents for draft resolutions to be sent to the members of the People's Council. The documents for draft resolutions include:
a) The proposal and draft resolution;
b) Audit report;
c) Opinion of the People's Committee on draft resolutions proposed by other agencies or organizations.
d) Related documents.
2. The documents for draft resolutions must be sent to the members of the People's Council at least five days before the opening day of the People's Council session.
Article 29. Procedure for examining and adopting draft resolutions of the Provincial People's Council
1. The examination and adoption of draft resolutions at the People's Council session shall be conducted in the following order:
a) A representative from the agency proposing the draft resolution shall present the draft resolution;
b) A representative from the Committee of the People's Council assigned to audit shall present the audit report;
c) The People's Council shall discuss and vote to adopt the draft resolution.
2. The draft resolution shall be adopted when more than half of the total number of People's Council members vote in favor.
3. The Chairman of the People's Council shall sign to authenticate the resolution.
Section 2
PROCEDURE AND PROCEDURES FOR PREPARING AND ISSUING RESOLUTIONS OF THE DISTRICT PEOPLE'S COUNCIL
Article 30. Drafting resolutions of the District People's Council
1. Draft resolutions of the District People's Council shall be submitted by the same-level People's Committee to the People's Council. Based on the nature and content of the People's Council resolution, the People's Committee shall assign an agency to draft it. The drafting agency shall be responsible for preparing the draft resolution and its submission report.
2. Based on the nature and content of the draft resolution, the drafting agency shall organize the collection of opinions from relevant agencies, organizations, and directly affected entities.
Relevant agencies and organizations receiving opinions shall be responsible for responding in writing within three days from the date of receipt of the draft resolution.
In cases where opinions are sought from directly affected entities, the agency collecting opinions shall be responsible for identifying issues requiring opinion, the address for receiving opinions, and ensuring a minimum of five days from the date of organizing the opinion collection for the entities to provide feedback on the draft resolution.
3. The People's Committee shall be responsible for collectively examining, discussing, and voting by majority to decide on submitting the draft resolution to the People's Council.
The People's Committee shall be responsible for sending the submission report, draft resolution, and related documents to the Standing Committee of the People's Council to forward to the members of the People's Council at least five days before the opening day of the People's Council session.
Article 31. Audit of draft resolutions of the District People's Council
Draft resolutions of the District People's Council must be audited by the Committee of the same-level People's Council before being submitted to the People's Council. At least ten days before the opening day of the People's Council session, the People's Committee shall be responsible for sending the draft resolution to the Committee assigned to audit. The scope of the audit is as stipulated in Clause 3 of Article 27 of this Law.
The Committee assigned to audit shall be responsible for sending the audit report to the Standing Committee of the People's Council to forward to the members of the People's Council at least five days before the opening day of the People's Council session.
Article 32. Procedure for examining and adopting draft resolutions of the People's Council at the district level
1. The examination and adoption of draft resolutions at the People's Council session shall be conducted in the following order:
a) The representative of the People's Committee presents the draft resolution;
b) A representative from the Committee of the People's Council assigned to audit shall present the audit report;
c) The People's Council shall discuss and vote to adopt the draft resolution.
2. The draft resolution shall be adopted when more than half of the total number of People's Council members vote in favor.
3. The Chairman of the People's Council shall sign to authenticate the resolution.
Section 3
PROCEDURE FOR DRAFTING AND ISSUING RESOLUTIONS OF THE PEOPLE'S COUNCIL AT THE COMMUNE LEVEL
Article 33. Drafting resolutions of the People's Council at the commune level
1. The draft resolution of the People's Council at the commune level is drafted by the People's Committee at the same level and submitted to the People's Council.
2. Based on the nature and content of the draft resolution, the Chairman of the People's Committee organizes the collection of opinions and takes into account the opinions of relevant agencies, organizations, and the people in villages, hamlets, wards, and other grassroots units regarding the draft resolution through appropriate forms.
Article 34. Procedure for examining and adopting draft resolutions of the People's Council at the commune level
1. At least three days before the opening of the session of the People's Council, the People's Committee sends the proposal, draft resolution, and related documents to the representatives of the People's Council.
2. The examination and adoption of the draft resolution at the session of the People's Council shall be conducted in the following sequence:
a) The representative of the People's Committee presents the draft resolution;
b) The People's Council discusses and votes to adopt the draft resolution.
3. The draft resolution is adopted when more than half of the total number of representatives of the People's Council vote in favor.
4. The Chairman of the People's Council signs to authenticate the resolution.
Chapter IV
PROCEDURE FOR DRAFTING AND ISSUING DECISIONS AND DIRECTIVES OF THE PEOPLE'S COMMITTEE
Section 1
PROCEDURE FOR DRAFTING AND ISSUING DECISIONS AND DIRECTIVES OF THE PEOPLE'S COMMITTEE AT THE PROVINCE LEVEL
Article 35. Establishing, approving, and adjusting the annual program for drafting decisions and directives of the People's Committee at the provincial level
1. The annual program for drafting decisions and directives of the People's Committee at the provincial level is established based on the Party's policies, management requirements at the local level, higher-level state agency documents, and resolutions of the same-level People's Council.
The Office of the People's Committee takes the lead and coordinates with judicial agencies to draft the proposed program for drafting decisions and directives of the People's Committee to be decided upon at the January meeting of the People's Committee each year.
2. The program for drafting decisions and directives must specify the name of the document, the date of issuance, and the drafting agency.
3. In cases where necessary, the People's Committee decides to adjust the program for drafting decisions and directives.
Article 36. Drafting decisions and directives of the People's Committee at the provincial level
1. Depending on the nature and content of the decision or directive, the People's Committee organizes the drafting process or assigns the drafting agency.
2. The drafting agency has the following tasks:
a) Surveying and evaluating the current social relations in the locality; studying the Party's policies, higher-level state agency documents, resolutions of the same-level People's Council, and information and materials related to the draft;
b) Drafting the document and submitting the draft proposal; identifying the documents, clauses, and points that need to be amended, supplemented, replaced, abolished, or revoked;
c) Synthesizing, researching, incorporating opinions, and revising the draft decision or directive.
Article 37. Soliciting Opinions on Draft Decisions and Directives of the Provincial People's Committee
Depending on the nature and content of the draft decision or directive, the drafting agency shall organize the solicitation of opinions from relevant agencies, organizations, and directly affected entities.
Relevant agencies and organizations solicited for opinions must provide written responses within five days from the date they receive the draft decision or directive.
In cases where opinions are sought from directly affected entities, the opinion-soliciting agency is responsible for identifying issues requiring opinions, the address for receiving opinions, and allocating at least seven days from the date of organizing the opinion solicitation for the affected entities to contribute to the draft decision or directive.
Article 38. Reviewing Draft Decisions and Directives of the Provincial People's Committee
1. Draft decisions and directives of the provincial people's committee must be reviewed by the judicial agency at the same level before being submitted to the provincial people's committee. At least fifteen days prior to the meeting of the provincial people's committee, the drafting agency must submit the draft decision or directive file to the judicial agency for review.
2. The dossier for review includes:
a) Letter requesting review;
b) The report and draft decision or directive;
c) A summary of opinions on the draft decision or directive;
d) Related documents.
3. The scope of review includes:
a) The necessity of issuance, the target, and the scope regulated by the draft decision or directive;
b) The constitutionality, legality, and consistency of the draft decision or directive with the legal system;
c) Language and document drafting techniques.
The judicial agency may provide opinions on the feasibility of the draft decision or directive.
4. At least seven days before the meeting of the provincial people's committee, the judicial agency sends the review report to the drafting agency.
Article 39. File of Draft Decisions and Directives Submitted to the Provincial People's Committee
1. The drafting agency submits the file of the draft decision or directive to the provincial people's committee at least five days before the meeting of the provincial people's committee.
2. The Chairman of the provincial people's committee directs the preparation of the file of the draft decision or directive to be transferred to the members of the provincial people's committee at least three days before the meeting of the provincial people's committee. The file of the draft decision or directive includes:
a) The report and draft decision or directive;
b) The review report;
c) A summary of opinions on the draft decision or directive;
d) Related documents.
Article 40. Procedure for Considering and Approving Draft Decisions and Directives of the Provincial People's Committee
1. The consideration and approval of draft decisions and directives at the meeting of the provincial people's committee shall be conducted in the following sequence:
a) Representatives of the drafting agency present the draft decision or directive;
b) Representatives of the judicial agency present the review report;
c) The provincial people's committee discusses and votes to approve the draft decision or directive.
2. The draft decision or directive is approved when more than half of the total number of members of the provincial people's committee vote in favor.
3. The Chairman of the provincial people's committee signs on behalf of the provincial people's committee to issue the decision or directive.
Section 2
PROCEDURE FOR DRAFTING AND ISSUING DECISIONS AND DIRECTIVES OF THE DISTRICT PEOPLE'S COMMITTEE
Article 41. Drafting Decisions and Directives of the District People's Committee
1. The draft decision or directive of the district people's committee is assigned and directly directed by the Chairman of the district people's committee to the specialized agency under the district people's committee to draft. The drafting agency is responsible for building the draft and the report on the draft decision or directive.
2. Depending on the nature and content of the draft decision or directive, the drafting agency shall organize the solicitation of opinions from relevant agencies, organizations, and directly affected entities.
Relevant agencies and organizations solicited for opinions must provide written responses within three days from the date they receive the draft decision or directive.
In cases where opinions are sought from directly affected entities, the opinion-soliciting agency is responsible for identifying issues requiring opinions, the address for receiving opinions, and allocating at least five days from the date of organizing the opinion solicitation for the affected entities to contribute to the draft decision or directive.
Article 42. Review of draft decisions and directives of the People's Committee at the district level
1. Draft decisions and directives of the People's Committee at the district level must be reviewed by the judicial agency at the same level before being submitted to the People's Committee. At least ten days before the meeting of the People's Committee, the drafting agency shall submit the dossier of the draft decision or directive to the judicial agency for review. The scope of the review is as prescribed in Clause 3 of Article 38 of this Law.
2. At least seven days before the meeting of the People's Committee, the judicial agency sends the review report to the drafting agency.
Article 43. Dossier of draft decisions and directives submitted to the People's Committee at the district level
1. The drafting agency submits the file of the draft decision or directive to the provincial people's committee at least five days before the meeting of the provincial people's committee.
2. The Chairman of the provincial people's committee directs the preparation of the file of the draft decision or directive to be transferred to the members of the provincial people's committee at least three days before the meeting of the provincial people's committee. The file of the draft decision or directive includes:
a) The report and draft decision or directive;
b) The review report;
c) A summary of opinions on the draft decision or directive;
d) Related documents.
Article 44. Procedure for examining and approving draft decisions and directives of the People's Committee at the district level
1. The consideration and approval of draft decisions and directives at the meeting of the provincial people's committee shall be conducted in the following sequence:
a) Representatives of the drafting agency present the draft decision or directive;
b) Representatives of the judicial agency present the review report;
c) The provincial people's committee discusses and votes to approve the draft decision or directive.
2. The draft decision or directive is approved when more than half of the total number of members of the provincial people's committee vote in favor.
3. The Chairman of the provincial people's committee signs on behalf of the provincial people's committee to issue the decision or directive.
Section 3
PROCEDURE AND PROCEDURES FOR PREPARING AND ISSUING DECISIONS AND DIRECTIVES OF THE PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL
Article 45. Preparation of decisions and directives of the People's Committee at the commune level
1. The draft decision or directive of the People's Committee at the commune level is assigned and directed by the Chairman of the People's Committee to prepare.
2. Based on the nature and content of the draft decision or directive, the Chairman of the People's Committee organizes the collection of opinions and incorporation of opinions from relevant agencies, organizations, and the people in villages, hamlets, wards, and adjusts the draft decision or directive accordingly.
Article 46. Procedure for examining and approving draft decisions and directives of the People's Committee at the commune level
1. Organizations and individuals assigned to prepare send the proposal, draft decision or directive, summary of opinions, and related documents to members of the People's Committee at least three days before the meeting of the People's Committee.
2. The examination and approval of the draft decision or directive at the meeting of the People's Committee shall be conducted in the following sequence:
a) Representatives of organizations and individuals assigned to prepare present the draft decision or directive;
b) The People's Committee discusses and votes to approve the draft decision or directive.
3. The draft decision or directive is approved when more than half of the total number of members of the People's Committee vote in favor.
4. The Chairman of the People's Committee signs on behalf of the People's Committee to issue the decision or directive.
Section 4
PREPARATION AND ISSUANCE OF DECISIONS AND DIRECTIVES BY THE PEOPLE'S COMMITTEE IN CASES OF EMERGENCY AND URGENCY
Article 47. Issuance of decisions and directives by the People's Committee in cases of emergency and urgency
In cases where urgent issues arising suddenly need to be resolved in disaster prevention and control, fire, explosion, epidemic, security, and public order, the People's Committees at the provincial, district, and commune levels shall issue decisions and directives according to the procedures and formalities stipulated in Article 48 of this Law.
Article 48. Procedures and formalities for preparing and issuing decisions and directives by the People's Committee in cases of emergency and urgency
1. In cases where urgent issues need to be resolved, the procedures and formalities for preparing decisions and directives shall be carried out as follows:
a) The Chairman of the People's Committee assigns a specialized agency under the People's Committee or an individual to draft the decision or directive and directly directs the preparation;
b) The agency or individual responsible for drafting has the responsibility to prepare the dossier of the draft decision or directive and submit it to the Chairman of the People's Committee. The dossier of the draft decision or directive includes the proposal, draft decision or directive, opinions of relevant agencies and organizations, and related documents;
c) The Chairman of the People's Committee directs the submission of the dossier of the draft decision or directive to the members of the People's Committee at least one day before the meeting of the People's Committee.
2. In cases where urgent issues need to be resolved, the Chairman of the People's Committee assigns and directs the preparation of the draft decision or directive and immediately convenes a meeting of the People's Committee to approve the draft decision or directive.
3. The Chairman of the provincial people's committee signs on behalf of the provincial people's committee to issue the decision or directive.
Chapter V
EFFECTIVENESS AND PRINCIPLES OF APPLICATION OF LEGAL REGULATORY DOCUMENTS OF THE PEOPLE'S ASSEMBLY AND THE PEOPLE'S COMMITTEE
Article 49. Spatial Effect and Applicability of Regulatory Legal Documents of People's Councils and People's Committees
1. Regulatory legal documents of People's Councils and People's Committees of any administrative unit shall be effective within the scope of that administrative unit.
2. In cases where regulatory legal documents of People's Councils and People's Committees have effect within a certain area of a locality, such scope must be clearly defined in the document itself.
3. Regulatory legal documents of People's Councils and People's Committees shall be applicable to agencies, organizations, and individuals when participating in social relations regulated by those documents.
Article 50. Effectiveness of Regulatory Legal Documents of People's Councils and People's Committees in Cases of Administrative Boundary Adjustment
1. In cases where an administrative unit is divided into new administrative units, regulatory legal documents of People's Councils and People's Committees of the original administrative unit shall remain effective for the new administrative units until new regulatory legal documents are issued by the People's Councils and People's Committees of the new administrative units.
2. In cases where multiple administrative units are merged into a single new administrative unit, regulatory legal documents of People's Councils and People's Committees of the merged administrative units shall remain effective for the new administrative unit until new regulatory legal documents are issued by the People's Councils and People's Committees of the new administrative unit.
3. In cases where a portion of the territory and population of one administrative unit is merged into another administrative unit, regulatory legal documents of People's Councils and People's Committees of the expanded administrative unit shall be effective for the merged territory and population.
Article 51. Effective Date of Regulatory Legal Documents of People's Councils and People's Committees
1. Regulatory legal documents of provincial-level People's Councils and People's Committees shall take effect ten days after their adoption by the People's Council or issuance by the Chairman of the People's Committee, and must be published in the provincial newspaper no later than five days from the date of adoption or issuance, except in cases where the document specifies a later effective date.
Regulatory legal documents of district-level People's Councils and People's Committees shall take effect seven days after their adoption by the People's Council or issuance by the Chairman of the People's Committee, and must be posted no later than three days from the date of adoption or issuance, except in cases where the document specifies a later effective date.
Regulatory legal documents of commune-level People's Councils and People's Committees shall take effect five days after their adoption by the People's Council or issuance by the Chairman of the People's Committee, and must be posted no later than two days from the date of adoption or issuance, except in cases where the document specifies a later effective date.
For regulatory legal documents of People's Committees stipulating measures to address urgent and emergent issues as provided for in Article 47 of this Law, the effective date may be specified earlier.
2. No retroactive effectiveness shall be prescribed for regulatory legal documents of People's Councils and People's Committees.
Article 52. Suspension of Effectiveness of Regulatory Legal Documents of People's Councils and People's Committees
1. Regulatory legal documents of People's Councils and People's Committees that are suspended from implementation shall be suspended in effect until a decision on handling is made by the competent state agency or individual; if not annulled or repealed, the document shall continue to be effective; if annulled or repealed, the document shall cease to be effective.
2. The time of suspension, continuation of effectiveness, or cessation of effectiveness of regulatory legal documents must be clearly stipulated in the document suspending implementation and the document handling by the competent state agency or individual.
3. Documents suspending implementation and documents handling by the competent state agency or individual regarding illegal regulatory legal documents of provincial People's Councils and People's Committees must be published in the Provincial Gazette and announced through local mass media.
Documents suspending implementation and documents handling by the competent state agency or individual regarding illegal regulatory legal documents of district and commune People's Councils and People's Committees must be posted and announced through local mass media.
Article 53. Cases Where Regulatory Legal Documents of People's Councils and People's Committees Cease to Be Effective
1. Regulatory legal documents of People's Councils and People's Committees cease to be effective in the following cases:
a) Expiration of the period of effectiveness as prescribed in the document;
b) Being replaced by a new document issued by the same issuing agency;
c) Being annulled or repealed by a document issued by the competent state agency or individual;
d) No longer having regulated objects.
2. When a regulatory legal document of a People's Council or People's Committee ceases to be effective, the detailed regulations and guidance documents for its implementation also cease to be effective.
Article 54. Application of Regulatory Legal Documents of People's Councils and People's Committees
1. Regulatory legal documents of People's Councils and People's Committees are applied from the date they become effective.
2. In cases where regulatory legal documents of the same level People's Councils have different provisions on the same issue, the provisions of the regulatory legal document of the People's Council shall apply.
3. In cases where resolutions of the same People's Council have different provisions on the same issue, the provision of the resolution promulgated later shall apply.
4. In cases where decisions or directives of the same People's Committee have different provisions on the same issue, the provision of the decision or directive promulgated later shall apply.
Chapter VI
IMPLEMENTING PROVISIONS
Article 55. Financial Support for Building Regulatory Legal Documents of People's Councils and People's Committees
Financial support for building regulatory legal documents of People's Councils and People's Committees shall be guaranteed by the local budget and included in the regular budget of the People's Councils and People's Committees.
Article 56. Effective Date
This Law takes effect from April 1, 2005.
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 6th session of the 11th term, on December 3, 2004./.
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