Law Amending and Supplementing Certain Articles of the Law on Enacting Legal Normative Documents No. 63/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON ENACTING LEGAL DOCUMENTS

_______________________________

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law amending and supplementing certain articles of the Law on Enacting Legal Documents number 80/2015/QH13.

Article 1. Amendments and supplements to certain articles of the Law on Enacting Legal Documents

1. Amend and supplement some clauses of Article 4 as follows:

a) To amend and supplement Clause 3 as follows:

“3. Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Chairmanship Board of the Vietnam Fatherland Front Central Committee; joint resolutions between the Standing Committee of the National Assembly, the Government, and the Chairmanship Board of the Vietnam Fatherland Front Central Committee.”

b) Amend and supplement Clause 8 and add Clause 8a following Clause 8 as follows:

“8. Circulars of the President of the Supreme People's Court; circulars of the Procurator General of the Supreme People's Procuracy; circulars of the Minister, Head of a ministerial-level agency; decisions of the State Auditor General.

8a. Joint circulars between the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General, the Minister, and the Head of a ministerial-level agency. Joint circulars between Ministers and Heads of ministerial-level agencies shall not be issued.”

2. Amending and supplementing Article 6 as follows:

“Article 6. Participation in providing opinions for drafting legal documents and social review of draft legal documents

1. The Vietnam Fatherland Front, the Vietnam Chamber of Commerce and Industry, other member organizations of the Vietnam Fatherland Front, and other agencies, organizations, and individuals have the right and are provided conditions to participate in providing opinions on proposals for drafting legal documents and draft legal documents.

2. The Vietnam Fatherland Front conducts social review of draft legal documents according to this Law and the Law on the Vietnam Fatherland Front.

Social review is conducted during the time when the agency, organization, or National Assembly representative in charge of drafting organizes to collect opinions on the draft document. For draft legal documents that have undergone social review, the dossier submitted for examination, verification, and submission to the competent authority must include the social review document.

3. During the process of drafting legal documents, the agency, organization, or National Assembly representative in charge of drafting and related agencies, organizations have the responsibility to create conditions for agencies, organizations, and individuals to participate in providing opinions on proposals for drafting legal documents and draft legal documents, allowing the Vietnam Fatherland Front to conduct social review of draft legal documents; organizing to collect opinions from entities directly affected by the legal document.

4. Opinions on proposals for drafting legal documents and draft legal documents and social review opinions on draft legal documents must be studied, explained, and adopted during the process of revising the draft document.”

3. Amend and supplement Article 12 as follows:

“Article 12. Amending, supplementing, replacing, or abolishing legal documents

1. Legal documents can only be amended, supplemented, replaced, or abolished by legal documents of the same state agency that issued the original document or suspended or abolished by a document of a state agency or person with authority. A document amending, supplementing, replacing, or abolishing another document must clearly specify the name of the document, part, chapter, section, sub-section, article, clause, or point of the document being amended, supplemented, replaced, or abolished.

An abolition document of a legal document must be published in the Official Gazette and posted according to regulations.

2. When issuing a legal document, the issuing agency must simultaneously amend, supplement, or abolish the document, part, chapter, section, sub-section, article, clause, or point of the legal document it has issued contrary to the new document; if immediate amendment or supplementation is not possible, it must clearly specify in the new document the list of documents, parts, chapters, sections, sub-sections, articles, clauses, or points of the legal document it has issued contrary to the new legal document and undertake to amend or supplement before the new legal document takes effect.

If the provisions of a document, part, chapter, section, sub-section, article, clause, or point of a legal document issued by the same agency differ from those of the new document but need to continue to be applied, they must be clearly specified in the new document.

3. A legal document may be issued to simultaneously amend, supplement, replace, or abolish contents in multiple legal documents issued by the same agency in the following cases:

a) To implement international treaties to which the Socialist Republic of Vietnam is a party;

b) The amendments, supplements, replacements, or abolitions are closely related to each other to ensure consistency and uniformity with the newly issued document;

c) To implement approved administrative simplification plans.”

4. Amend and supplement Clause 4 of Article 14 as follows:

“4. Regulations on administrative procedures in circulars, joint circulars, decisions of the State Auditor General, resolutions of People's Councils, decisions of People's Committees, legal documents of local authorities in special administrative-economic zones, except where authorized by laws or resolutions of the National Assembly or where it is necessary to regulate administrative procedures in provincial-level People's Council resolutions as stipulated in Clause 4 of Article 27 of this Law.”

5. Amend and supplement Article 18 as follows:

“Article 18. Joint Resolutions between the Standing Committee of the National Assembly, the Government, and the Chairmanship Board of the Vietnam Fatherland Front Central Committee

The Standing Committee of the National Assembly, the Government, and the Chairmanship Board of the Vietnam Fatherland Front Central Committee issue joint resolutions to provide detailed regulations on matters delegated by laws or to guide certain issues necessary for the work of electing National Assembly deputies and People's Council deputies.”

6. Amend and supplement Article 25 as follows:

“Article 25. Joint Circulars between the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General, the Minister, and the Head of a ministerial-level agency”

The Chief Justice of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy, the State Auditor General, Ministers, and Heads of ministerial-level agencies shall issue joint circulars to regulate the coordination among these agencies in implementing procedural and anti-corruption measures.

7. Amend and supplement Article 30 as follows:

“Article 30. Resolutions of People's Councils and Decisions of People's Committees at district and commune levels

1. The People's Council at the district level shall issue resolutions, and the People's Committee at the district level shall issue decisions to specify matters assigned by laws and resolutions of the National Assembly or to implement decentralization for local authorities and subordinate state agencies in accordance with the Law on the Organization of Local Administration.

2. The People's Council at the commune level shall issue resolutions, and the People's Committee at the commune level shall issue decisions to specify matters assigned by laws and resolutions of the National Assembly.”

8. Amend and supplement Article 47 as follows:

“Article 47. Reviewing Proposals for Draft Laws and Ordinances, and Suggestions Regarding Laws and Ordinances

1. The Legal Committee shall collect and chair the review of proposals regarding the legislative program of laws and ordinances from agencies, organizations, and National Assembly deputies, as well as suggestions regarding laws and ordinances from National Assembly deputies.

2. The Ethnic Council and Committees of the National Assembly shall be responsible for reviewing proposals for drafting laws and ordinances and suggestions regarding laws and ordinances within their respective areas of responsibility, sending review documents to the Legal Committee and dispatching representatives to attend the Legal Committee’s review sessions.

3. The review content shall focus on the necessity of promulgation; the subjects and scope regulated; the policies in the proposal for drafting laws and ordinances and suggestions regarding laws and ordinances; the consistency of the policy content with the Party’s guidelines and the State’s policies; the unity, feasibility, priority order, timing for submission, and conditions for drafting and enforcing the document.”

9. Amend and supplement some clauses of Article 55 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Preparing draft projects, reports, and related documents.

Reports on draft projects and drafts must clearly state the necessity of promulgating laws, ordinances, and resolutions; the purpose and viewpoint on drafting laws, ordinances, and resolutions; the process of drafting the project and draft; the structure and main content of the draft document; the consistency of the draft document with other legal normative documents in the same field and related fields; the compatibility of the draft document with relevant international treaties to which the Socialist Republic of Vietnam is a party.”

b) Amend and supplement Clause 7 as follows:

“7. For draft projects and drafts submitted by the Standing Committee of the National Assembly or agencies and organizations specified in Clause 3 of Article 52 of this Law, and for draft projects and drafts drafted independently by National Assembly deputies, the agency or organization entrusted with the main drafting responsibility and the deputy shall have the responsibility to send progress reports on the drafting process to the Standing Committee of the Legal Committee for consolidation and reporting to the Standing Committee of the National Assembly.

For draft projects and drafts submitted by the Government, the ministry or ministerial-level agency entrusted with the main drafting responsibility shall report the progress of the drafting process to the Ministry of Justice for consolidation and reporting to the Government; simultaneously, they shall send progress reports to the Standing Committee of the Legal Committee for consolidation and reporting to the Standing Committee of the National Assembly.

During the process of incorporating and refining draft laws, ordinances, and resolutions, if there are significant changes in policy compared to the policy approved by the Government, the ministry or ministerial-level agency responsible for drafting shall promptly report to the Government and the Prime Minister for consideration and decision.”

10. Amend and supplement some points and clauses of Article 58 as follows:

a) Add point b1 after point b of Clause 2 as follows:

“b1) Report on the review of legal normative documents related to the draft project and draft;”

b) Add point d1 after point d of Clause 2 as follows:

“d1) Resolution of the Government on the proposal for drafting laws, ordinances, and resolutions;”

c) Amend and supplement Point b Clause 3 as follows:

“b) The consistency of the content of the draft document with the Party’s guidelines and the State’s policies; the constitutionality, legality, and unity of the draft document with the legal system; the compatibility of the draft document with relevant international treaties to which the Socialist Republic of Vietnam is a party;”

11. Add Clause 3a after Clause 3 of Article 59 as follows:

“3a. Report on the review of legal normative documents related to the draft project and draft.”

12. Add point b1 after point b of Clause 1 of Article 62 as follows:

“b1) Report on the review of legal normative documents related to the draft project and draft;”

13. Amend and supplement Clause 1 and Clause 2 of Article 63 as follows:

“1. Draft projects and drafts must be reviewed by the Ethnic Council and Committees of the National Assembly (hereinafter referred to collectively as the reviewing bodies) before being submitted to the National Assembly or the Standing Committee of the National Assembly for discussion and comments.

The Ethnic Council and Committees of the National Assembly shall be responsible for chairing the review of draft projects and drafts within their respective areas of responsibility and other draft projects and drafts assigned by the National Assembly or the Standing Committee of the National Assembly.

The Ethnic Council and Committees of the National Assembly shall participate in the review of draft projects and drafts chaired by other bodies of the National Assembly concerning contents related to their areas of responsibility, sending participation review documents to the chairing body and dispatching representatives to attend the chairing body’s review sessions.

2. The chairing body shall invite representatives of participating bodies to attend the review session to express opinions on the contents of draft projects and drafts related to their areas of responsibility and other issues within the scope of the draft projects and drafts.”

14. Amend and supplement some points and clauses of Article 64 as follows:

a) Supplementing Point d1 following Point d Clause 1 as follows:

“d1) Report on the review of legal normative documents related to the draft project and draft;”

b) Amend and supplement Clause 2 as follows:

“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 dossier specified in Clause 1 of this Article to the chairing body, the Legal Committee, the Ethnic Council, the Committee on Social Issues, and other committees at least twenty days before the start of the Standing Committee of the National Assembly session for review and participation in the review.”

For projects and draft resolutions submitted to the National Assembly, at least thirty days before the opening day of the National Assembly session, the agency, organization, or National Assembly representative submitting the project or draft must send the file specified in Clause 1 of this Article to the leading agency for review, the Committee on Legal Affairs, the National Ethnic Council, the Committee on Social Issues, and other committees to conduct reviews and participate in reviews.

15. Amend and supplement Clause 6 of Article 65 as follows:

“6. Ensuring ethnic policies and integrating gender equality issues in draft documents, if the draft document contains provisions related to ethnic issues and gender equality;”

16. Add Article 68a after Article 68 as follows:

“Article 68a. Responsibilities of the National Ethnic Council in reviewing the implementation of ethnic policies in draft laws and ordinances, draft resolutions.”

1. The National Ethnic Council has the responsibility to participate in reviewing projects and drafts that are under the main review of a Standing Committee of the National Assembly to ensure ethnic policies when such projects and drafts contain provisions related to ethnic minorities, ethnic minority regions, and mountainous areas.

2. The National Ethnic Council organizes meetings of its Standing Council or plenary sessions to prepare opinions for participation in reviews and sends representatives to attend the review meetings of the main review agency.

3. The content of reviewing the implementation of ethnic policies includes:

a) Identifying issues related to ethnic policies;

b) Ensuring fundamental principles of ethnic equality and creating conditions for ethnic minorities to leverage their internal strength and develop together with the country;

c) The impact and feasibility of provisions in the project or draft to ensure ethnic policies.”

17. Amend and supplement Articles 74, 75, 76, and 77 as follows:

“Article 74. Procedure for considering and passing draft laws and draft resolutions at a National Assembly session

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 members present the project or draft and provide explanations about the project or draft;

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

3. The National Assembly discusses in a plenary session. Prior to discussing in a plenary session, the project or draft may be discussed in National Assembly member groups;

4. During the discussion, representatives of agencies, organizations, and National Assembly members presenting the project or draft explain issues related to the project or draft raised by National Assembly members;

5. For important issues or major issues in the project or draft where there are differing opinions, the National Assembly conducts voting upon the proposal of the National Assembly Standing Committee;

The Standing Office of the main review agency leads and coordinates with the agencies, organizations, and National Assembly members presenting the project or draft, the General Secretary of the National Assembly, and relevant agencies and organizations to help the National Assembly Standing Committee predict issues for the National Assembly to vote on;

6. The General Secretary of the National Assembly organizes the compilation of National Assembly members' opinions and voting results to report to the National Assembly Standing Committee and send to the main review agency, agencies, organizations, and National Assembly members presenting the project or draft;

7. The National Assembly Standing Committee directs and organizes the study, explanation, adoption, and revision of the draft according to the following procedure:

a) The Standing Office of the main review agency leads and coordinates with the agencies, organizations, and National Assembly members presenting the project or draft, the Standing Office of the Committee on Legal Affairs, the Ministry of Justice, and relevant agencies and organizations to study, explain, adopt, revise the draft, and build a report on explanation, adoption, and revision to submit to the National Assembly Standing Committee;

b) Agencies, organizations, and National Assembly members presenting the project or draft provide written comments on the contents of the explanation, adoption, and revision of the draft, clearly stating issues with different opinions from the report on explanation, adoption, and revision and proposing solutions to report to the National Assembly Standing Committee;

c) At least seven days before the National Assembly votes to pass the draft, the draft is sent to the Standing Office of the Committee on Legal Affairs for technical review and completion;

The Standing Office of the Committee on Legal Affairs leads and coordinates with the Standing Office of the main review agency, representatives of agencies, organizations, and National Assembly members presenting the project or draft, and relevant agencies to organize a review to ensure the constitutionality, legality, and consistency of the draft with the legal system;

8. The National Assembly Standing Committee reports to the National Assembly on the explanation, adoption, and revision of the draft;

In cases where agencies, organizations, or National Assembly members presenting the project or draft have different opinions or the Government has different opinions on projects or drafts not presented by the Government, the National Assembly will consider and decide;

9. The National Assembly votes to pass the draft. If there are still differing opinions on the draft, the National Assembly will vote on those issues according to the proposal of the National Assembly Standing Committee before passing the draft;

10. The Chairman of the National Assembly signs to certify the law and resolution of the National Assembly;

11. In cases where the draft has not been passed or only partially passed, the National Assembly will consider and decide on resubmitting or reconsidering and passing at the next session according to the proposal of the National Assembly Standing Committee.

Article 75. Procedure for examining and adopting draft laws and draft resolutions at two sessions of the National Assembly

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

1. At the first session, the examination and discussion procedures for the draft projects and draft proposals shall be carried out in accordance with Clauses 1, 2, 3, 4, 5, and 6 of Article 74 of this Law;

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

a) The permanent office of the leading agency responsible for scrutiny shall take the lead and coordinate with the agencies, organizations, and National Assembly deputies submitting the draft project and draft proposal, the permanent office of the Legal Committee, the Ministry of Justice, and related agencies and organizations to study, explain, adopt, revise the draft, and build a draft report on explanations, adoptions, and revisions.

For new policies proposed by National Assembly deputies to be added to the draft proposal, if necessary, upon the request of the Standing Committee of the National Assembly, the agencies, organizations, and National Assembly deputies submitting the draft project and draft proposal shall organize an impact assessment of the policy to report to the National Assembly;

b) Agencies, organizations, and National Assembly deputies submitting the draft project and draft proposal shall provide written comments on the contents of the explanations, adoptions, and revisions of the draft, clearly stating issues differing from the draft report on explanations, adoptions, and revisions and proposing solutions to report to the Standing Committee of the National Assembly;

c) The Standing Committee of the National Assembly shall examine and discuss the draft report on explanations, adoptions, and revisions and the revised draft text;

d) The Standing Committee of the National Assembly decides to organize a specialized meeting of National Assembly deputies to discuss and provide opinions on important and major issues still having different views in the draft project and draft proposal; sends the revised draft text and the draft report on explanations, adoptions, and revisions to the Delegation of National Assembly deputies, the National Ethnic Council, and the Committees of the National Assembly at least 45 days before the opening day of the session;

The Delegation of National Assembly deputies, the permanent office of the National Ethnic Council, and the permanent office of the Committees of the National Assembly shall be responsible for organizing discussions, providing opinions, and sending a consolidated report of opinions to the leading agency responsible for scrutiny at least 20 days before the opening day of the session;

đ) The permanent office of the leading agency responsible for scrutiny shall consolidate the opinions of National Assembly deputies, the Delegation of National Assembly deputies, the National Ethnic Council, and the Committees of the National Assembly; take the lead and coordinate with the agencies, organizations, and National Assembly deputies submitting the draft project and draft proposal, the permanent office of the Legal Committee, and the Ministry of Justice to study, explain, adopt, revise the draft, and complete the draft report on explanations, adoptions, and revisions to submit to the Standing Committee of the National Assembly;

3. At the second session:

a) The Standing Committee of the National Assembly reports to the National Assembly on the explanations, adoptions, and revisions of the draft according to the opinions of National Assembly deputies from the previous session;

In cases where agencies, organizations, or National Assembly members presenting the project or draft have different opinions or the Government has different opinions on projects or drafts not presented by the Government, the National Assembly will consider and decide;

b) The National Assembly discusses the contents still having different opinions;

c) The Secretary-General of the National Assembly organizes the consolidation of the opinions of National Assembly deputies to report to the Standing Committee of the National Assembly and send to the leading agency responsible for scrutiny, the agencies, organizations, and National Assembly deputies submitting the draft project and draft proposal;

d) The Standing Committee of the National Assembly directs and organizes the study, explanation, adoption, and revision of the draft;

đ) At least seven days before the National Assembly votes to adopt the draft, the draft is sent to the permanent office of the Legal Committee for review and technical completion of the text;

The Standing Office of the Committee on Legal Affairs leads and coordinates with the Standing Office of the main review agency, representatives of agencies, organizations, and National Assembly members presenting the project or draft, and relevant agencies to organize a review to ensure the constitutionality, legality, and consistency of the draft with the legal system;

e) The Standing Committee of the National Assembly reports to the National Assembly on the explanations, adoptions, and revisions of the draft;

g) The National Assembly votes to adopt the draft. In case there are still issues with different opinions in the draft, the National Assembly will vote on those issues at the request of the Standing Committee of the National Assembly before voting to adopt the draft;

h) The Chairman of the National Assembly signs to authenticate the law and resolution of the National Assembly;

4. In cases where the draft has not been adopted or only partially adopted, the National Assembly shall consider and decide on resubmitting or considering and adopting at the next session according to the proposal of the Standing Committee of the National Assembly.

Article 76. Procedure for examining and passing draft laws at three sessions of the National Assembly

The National Assembly examines and passes draft laws at three sessions according to the following procedure:

1. At the first session, the procedure for examining and discussing the draft law shall be carried out in accordance with Clauses 1, 2, 3, 4, 5, and 6 of Article 74 of this Law;

2. During the period between the first session and the second session, the study, explanation, adoption, and revision of the draft law shall be carried out according to the following procedure:

a) The agency, organization, or National Assembly representative responsible for the main draft law shall coordinate with the Standing Office of the agency mainly responsible for reviewing, the Standing Office of the Committee on Legal Affairs, the Ministry of Justice, and related agencies and organizations to study, explain, adopt, revise the draft law, and prepare a report on explaining, adopting, and revising the draft law;

b) An organization shall collect public opinions on the draft law according to the decision of the Standing Committee of the National Assembly (if applicable).

For new policies proposed by National Assembly representatives and the public to be added to the draft, if necessary, upon the request of the Standing Committee of the National Assembly, the agency, organization, or National Assembly representative responsible for the main draft law shall organize an impact assessment of the policy to report to the National Assembly;

c) The agency mainly responsible for reviewing shall organize the review of the revised draft law;

d) The Standing Committee of the National Assembly shall examine and provide comments on the revision of the draft law according to the procedure stipulated in Article 71 of this Law. Based on the comments of the Standing Committee of the National Assembly, the agency, organization, or National Assembly representative responsible for the main draft law shall have the responsibility to study and adopt to revise the draft law according to the provisions of Article 72 of this Law;

3. At the second session:

a) Representatives of the agency, organization, or National Assembly representative responsible for the main draft law shall present the report on explaining, adopting, and revising the draft law; the results of collecting public opinions on the draft law (if applicable);

b) Representatives of the agency mainly responsible for reviewing shall present the report on reviewing the revised draft law;

c) The National Assembly shall discuss during the plenary session. Before discussing during the plenary session, the draft may be discussed in the National Assembly Delegation meetings;

During the discussion process, representatives of the agency, organization, or National Assembly representative responsible for the main draft law shall have the responsibility to explain issues related to the draft raised by National Assembly representatives;

d) For important issues or major issues of the draft law that still have different opinions, the National Assembly shall conduct voting according to the proposal of the Standing Committee of the National Assembly;

The Standing Office of the agency mainly responsible for reviewing shall take the lead and coordinate with the agency, organization, or National Assembly representative responsible for the main draft law, the Secretary-General of the National Assembly, and related agencies and organizations to assist the Standing Committee of the National Assembly in forecasting issues to be put to a vote by the National Assembly;

e) The Secretary-General of the National Assembly shall organize the consolidation of opinions of National Assembly representatives and voting results to report to the Standing Committee of the National Assembly and send to the agency mainly responsible for reviewing, the agency, organization, or National Assembly representative responsible for the main draft law;

4. During the period between the second session and the third session, the Standing Committee of the National Assembly shall direct and organize the study, explanation, adoption, and revision of the draft law according to the procedure stipulated in Clause 2 of Article 75 of this Law;

5. At the third session, the procedure for examining and passing the draft law shall be carried out according to the provisions of Clause 3 of Article 75 of this Law;

6. In case the draft law has not been passed or only partially passed, the National Assembly shall examine and decide according to the proposal of the Standing Committee of the National Assembly.

Article 77. Procedure for examining and approving draft ordinances and draft resolutions of the Standing Committee of the National Assembly

1. The Standing Committee of the National Assembly shall examine and approve draft ordinances and draft resolutions at one session in accordance with the following procedure:

a) Representatives of agencies, organizations, and National Assembly deputies present the draft, and provide a presentation on the draft;

b) A representative of the agency responsible for examination presents the examination report;

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

d) The Standing Committee of the National Assembly discusses, and the chairperson of the session concludes;

đ) The Steering Committee of the agency in charge of examination leads and coordinates with relevant agencies, organizations, and National Assembly deputies who presented the draft, the Steering Committee of the Committee for Legal Affairs, the Ministry of Justice, and related agencies and organizations to study, explain, adopt, and revise the draft;

e) Agencies, organizations, and National Assembly deputies who presented the draft provide written comments on the contents explained, adopted, and revised in the draft, clearly stating issues differing from the draft's explanations, adoptions, revisions, and proposing solutions to report to the Standing Committee of the National Assembly;

g) Before the Standing Committee of the National Assembly votes to approve the draft, it is sent to the Steering Committee of the Committee for Legal Affairs for review and technical completion;

The Standing Office of the Committee on Legal Affairs leads and coordinates with the Standing Office of the main review agency, representatives of agencies, organizations, and National Assembly members presenting the project or draft, and relevant agencies to organize a review to ensure the constitutionality, legality, and consistency of the draft with the legal system;

h) The Steering Committee of the agency in charge of examination reports to the Standing Committee of the National Assembly on the explanations, adoptions, and revisions of the draft;

i) The Standing Committee of the National Assembly votes to approve the draft. In cases where there are differing opinions on the draft, the Standing Committee of the National Assembly votes on those issues according to the proposal of the session chair before voting to approve the draft;

k) The Chairman of the National Assembly signs the ordinance and resolution of the Standing Committee of the National Assembly.

2. The Standing Committee of the National Assembly shall examine and approve draft ordinances and draft resolutions at two sessions in accordance with the following procedure:

a) At the first session, the presentation and discussion are 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 discusses and votes on important and major issues of the draft according to the proposal of the agency in charge of examination to serve as a basis for revision;

b) During the period between the two sessions of the Standing Committee of the National Assembly, the Steering Committee of the agency in charge of examination leads and coordinates with relevant agencies, organizations, and National Assembly deputies who presented the draft, the Steering Committee of the Committee for Legal Affairs, the Ministry of Justice, and related agencies and organizations to study, explain, adopt, and revise the draft.

For new policies proposed by the Standing Committee of the National Assembly to be added to the draft, the agencies, organizations, and National Assembly deputies who presented the draft organize an impact assessment of the policy to report to the Standing Committee of the National Assembly.

Agencies, organizations, and National Assembly deputies who presented the draft provide written comments on the contents explained, adopted, and revised in the draft, clearly stating issues differing from the draft's explanations, adoptions, revisions, and proposing solutions to report to the Standing Committee of the National Assembly;

c) Before the Standing Committee of the National Assembly votes to approve the draft, it is sent to the Steering Committee of the Committee for Legal Affairs for review and technical completion;

The Standing Office of the Committee on Legal Affairs leads and coordinates with the Standing Office of the main review agency, representatives of agencies, organizations, and National Assembly members presenting the project or draft, and relevant agencies to organize a review to ensure the constitutionality, legality, and consistency of the draft with the legal system;

d) At the second session, the Steering Committee of the agency in charge of examination reports to the Standing Committee of the National Assembly on the explanations, adoptions, and revisions of the draft;

đ) The Standing Committee of the National Assembly votes to approve the draft. In cases where there are differing opinions on the draft, the Standing Committee of the National Assembly votes on those issues according to the proposal of the session chair before voting to approve the draft;

e) The Chairman of the National Assembly signs the ordinance and resolution of the Standing Committee of the National Assembly.”

18. Amend and supplement Clause 2 of Article 84 as follows:

“2. Ministries and ministerial-level agencies themselves or upon the direction of the Government, the Prime Minister, or the suggestion of agencies, organizations, or individuals prepare proposals to build decrees within their assigned sectors and fields to submit to the Government for consideration and approval of the decree proposal prescribed in Clause 3 of Article 19 of this Law, or submit to the Prime Minister for consideration and decision on the decree proposal prescribed in Clause 2 of Article 19 of this Law.”

19. Amend and supplement some clauses of Article 85 as follows:

a) To amend and supplement Clause 3 as follows:

“3. Develop the content of the policy and assess the impact of the policy in the proposal to build the decree prescribed in Clause 3 of Article 19 of this Law; forecast resources and conditions to ensure the implementation of the decree.”

b) Amend and supplement Clause 5 as follows:

“5. Organize to collect opinions from relevant agencies and organizations and compile, explain, and adopt the suggestions for the proposal to build the decree prescribed in Clause 3 of Article 19 of this Law.”

20. Amend and supplement Article 87 as follows:

“Article 87. Documents for Proposing to Build Decrees

1. The documents for proposing to build the decree prescribed in Clause 2 of Article 19 of this Law include:

a) A request to propose building the decree, which must clearly state the necessity of promulgating the decree; the purpose and viewpoint of building the decree; the subject and scope regulated by the decree; the main content of the decree; the expected time for submitting the decree to the Government for consideration and approval; forecasted resources and conditions to ensure the implementation of the decree;

b) A report on summarizing the implementation of laws or evaluating the actual status of issues related to the proposal for establishing decrees.

2. The documents for proposing to build the decree prescribed in Clause 3 of Article 19 of this Law include:

a) A request to propose building the decree, which must clearly state the necessity of promulgating the decree; the purpose and viewpoint of building the decree; the subject and scope regulated by the decree; the objectives and main content of the policy in the proposal to build the decree, selected policy measures and reasons for selection; the expected time for submitting the decree to the Government for consideration and approval; forecasted resources and conditions to ensure the implementation of the decree;

b) A report on assessing the impact of the policy in the proposal to build the decree, which must clearly state the issues to be resolved; the purpose of issuing the policy; measures to implement the policy; positive and negative impacts of the policy; costs and benefits of the measures; comparison of costs and benefits of the measures; the chosen measure by the agency or organization and reasons for choosing it; assessment of administrative procedures' impact, gender impact (if applicable);

c) Report on the implementation of laws or assessment of the current status of issues related to the proposal for drafting decrees;

d) Summary, explanation, and adoption of comments; copies of comments;

đ) Draft detailed outline of the decree proposal;

e) Other documents (if any).”

21. Amend and supplement Clause 1 and Clause 2 of Article 88 as follows:

“1. The Ministry of Justice shall take the lead and coordinate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, and other relevant agencies and organizations to review proposals for drafting decrees as stipulated in Clause 3 of Article 19 of this Law.

2. The dossier for review submitted to the Ministry of Justice shall include the documents prescribed in Clause 2 of Article 87 of this Law.

Documents prescribed in Point a and Point b of Clause 2 of Article 87 of this Law shall be sent in paper form, while the remaining documents shall be sent in electronic form.”

22. Amend and supplement Article 89 as follows:

“Article 89. The Government and the Prime Minister shall consider and approve proposals for drafting decrees.

1. Ministries and ministerial-level agencies shall submit to the Government proposals for drafting decrees as stipulated in Clause 3 of Article 19 of this Law; submit to the Prime Minister proposals for drafting decrees as stipulated in Clause 2 of Article 19 of this Law.

2. The dossier for submitting proposals for drafting decrees to the Government shall include:

a) The documents prescribed in Clause 2 of Article 87 of this Law that have been revised;

b) Review report; report on explanation, adoption of review comments;

c) Other relevant materials (if any).

Documents prescribed in Point a and Point b of Clause 2 of Article 87 of this Law and documents prescribed in Point b of this clause shall be sent in paper form, while the remaining documents shall be sent in electronic form.

3. The dossier for submitting proposals for drafting decrees to the Prime Minister shall include:

a) The documents prescribed in Clause 1 of Article 87 of this Law;

b) Other documents (if any).

Documents prescribed in Point a of Clause 1 of Article 87 of this Law shall be sent in paper form, while the remaining documents shall be sent in electronic form.

4. The Office of the Government shall be responsible for receiving and checking the dossier for submitting proposals for drafting decrees from ministries and ministerial-level agencies, and propose to include them in the session of the Government for considering proposals for drafting decrees as stipulated in Clause 3 of Article 19 of this Law, or submit to the Prime Minister for consideration and decision on proposals for drafting decrees as stipulated in Clause 2 of Article 19 of this Law.

5. The Government shall consider and approve at the session of the Government proposals for drafting decrees as stipulated in Clause 3 of Article 19 of this Law according to the following procedure:

a) Representatives of ministries and ministerial-level agencies shall present the proposal for drafting the decree;

b) Representatives of the Ministry of Justice shall present the review report;

c) Representatives of invited organizations and individuals participating in the session shall express their opinions;

d) The Government shall discuss;

đ) The Government shall vote to approve the proposal for drafting the decree.

6. Based on the discussion and approval of the proposal for drafting the decree by the Government, the Office of the Government shall take the lead and coordinate with the Ministry of Justice and the agency proposing the draft decree to draft the Government's resolution on the proposal for drafting the decree, clearly stating the policies approved by the Government, and submit it to the Prime Minister for consideration and signing to promulgate.”

23. Amend and supplement Point a and add Point a1 after Point a of Clause 2 of Article 90 as follows:

“a) Organize the drafting of the decree proposal. For decrees as stipulated in Clause 3 of Article 19 of this Law, it must ensure consistency with policies already approved by the Government; for decrees as stipulated in Clause 1 of Article 19 of this Law, it must ensure compliance with regulatory legal documents assigned to provide detailed regulations;

a1) Evaluate the impact of policies on decrees as stipulated in Clause 1 of Article 19 of this Law in cases where specific policies are provided in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President; evaluate the impact of policies on decrees as stipulated in Clause 2 of Article 19 of this Law;”

24. Amend and supplement Article 91 as follows:

“Article 91. Solicit opinions on the draft decree

During the drafting process of the decree, the leading agency must solicit opinions from entities directly affected by the document and ministries, ministerial-level agencies, and government agencies as prescribed in Clauses 1, 2, and 3 of Article 57 of this Law; solicit opinions from the National Ethnic Council if the draft decree includes provisions on implementing ethnic policies.”

25. Amend and supplement Clause 2 and Clause 3 of Article 92 as follows:

“2. The dossier for review shall include:

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

b) Draft decree;

c) Report on reviewing related regulatory legal documents concerning the draft decree;

d) Summary, explanation, and adoption of comments from agencies, organizations, individuals, and entities directly affected by the document; copies of comments from ministries, ministerial-level agencies, and government agencies;

đ) Report on evaluating the impact of policies on decrees as stipulated in Clause 1 and Clause 2 of Article 19 of this Law; evaluation of administrative procedures in the draft, if the draft includes administrative procedures; report on integrating gender equality issues, if the draft includes provisions related to gender equality issues;

e) Resolution of the Government on the proposal for drafting the decree as stipulated in Clause 3 of Article 19 of this Law;

g) Other documents (if any).

Documents prescribed in Point a and Point b of this clause shall be sent in paper form, while the remaining documents shall be sent in electronic form.

3. The review shall focus on the following issues:

a) The necessity of issuing the decree; the subject and scope of regulation for the draft decree as stipulated in Clause 2 of Article 19 of this Law;

b) The conformity of the content of the draft decree with the Party's guidelines and state policies; the constitutionality, legality, and consistency of the draft decree with the legal system; compatibility with international treaties to which the Socialist Republic of Vietnam is a party;

c) The conformity of the content of the draft decree with the detailed regulations provided for the decree as stipulated in Clause 1 of Article 19 of this Law; the conformity of the content of the draft decree with the policies already approved in the proposal for drafting the decree for the decree as stipulated in Clause 3 of Article 19 of this Law;

d) The necessity, rationality, costs of complying with administrative procedures in the draft decree, if the draft decree contains provisions on administrative procedures; the integration of gender equality issues in the draft decree, if the draft decree contains provisions related to gender equality;

đ) Conditions ensuring human resources and financial resources to ensure the implementation of the decree;

e) Language, techniques, and drafting sequence and procedures for the document.”

26. Amend and supplement Article 93 as follows:

“Article 93. Documents for Draft Decree Submitted to the Government

1. Submission letter to the Government regarding the draft decree.

2. Draft decree.

3. Evaluation report; explanation and adoption of evaluation opinions.

4. Report on reviewing relevant legal normative documents concerning the draft decree.

5. Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected entities.

6. Policy impact assessment report on the decree as stipulated in Clause 1 and Clause 2, Article 19 of this Law; administrative procedure evaluation report in the draft, if the draft contains provisions on administrative procedures; report on integrating gender equality issues in the draft, if the draft contains provisions related to gender equality.

7. Resolution of the Government proposing the establishment of the decree as stipulated in Clause 3, Article 19 of this Law.

8. Other documents (if any).

Documents specified in Clauses 1, 2, and 3 of this Article shall be submitted in paper form, while other documents shall be submitted electronically.”

27. Amend and supplement Point d, Clause 2, Article 98 as follows:

“d) Policy impact assessment report in the draft decision; administrative procedure evaluation report, if the draft contains provisions on administrative procedures; report on integrating gender equality issues, if the draft contains provisions related to gender equality;”

28. Amend and supplement Point d, Clause 2, Article 102 as follows:

“d) Policy impact assessment report in the draft circular (if any); administrative procedure evaluation report in cases where laws or resolutions of the National Assembly assign the regulation of administrative procedures; report on integrating gender equality issues (if any);”

29. Amend and supplement Clause 5, Article 103 as follows:

“5. Policy impact assessment report in the draft circular (if any); administrative procedure evaluation report in cases where laws or resolutions of the National Assembly assign the regulation of administrative procedures; report on integrating gender equality issues (if any).”

30. Amend and supplement Article 109 as follows:

“Article 109. Drafting and Issuing Joint Resolutions

1. Draft joint resolution between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front and draft joint resolution between the Standing Committee of the National Assembly, the Government, and the Central Steering Committee of the Vietnam Fatherland Front assigned by the Standing Committee of the National Assembly to the leading agency responsible for drafting; draft joint resolution between the Government and the Central Steering Committee of the Vietnam Fatherland Front assigned by the Government to the leading agency responsible for drafting.

2. The leading agency responsible for drafting shall organize the drafting of the draft.

3. During the drafting process of the joint resolution draft, the leading agency responsible for drafting shall organize the collection of opinions from agencies, organizations, and individuals according to the provisions of Clauses 1, 2, and 3, Article 57 of this Law.

4. Draft joint resolution between the Standing Committee of the National Assembly, the Government, and the Central Steering Committee of the Vietnam Fatherland Front must be reviewed by the Ministry of Justice before submission to the Government; reviewed by the National Ethnic Council and the Committee of the National Assembly before submission to the Standing Committee of the National Assembly.

The documents, deadlines, and contents of the review are regulated in Clauses 2, 3, and 4, Article 58 of this Law. The documents, deadlines, and contents of the verification are regulated in Articles 64 and 65 of this Law.

5. The leading agency responsible for drafting shall study the opinions to revise the draft.

6. The draft is approved when there is a consensus among competent agencies and organizations issuing joint resolutions.

The Chairman of the National Assembly, the Prime Minister, and the Chairman of the Central Steering Committee of the Vietnam Fatherland Front jointly issue the joint resolution.”

31. Amend and supplement Article 110 as follows:

“Article 110. Drafting and Issuing Joint Circulars

1. Draft joint circular between the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, the Ministers, and the Heads of equivalent ministries agreed upon and assigned by the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, the Ministers, and the Heads of equivalent ministries to the leading agency responsible for drafting.

2. The leading agency responsible for drafting shall organize the drafting of the draft.

3. The draft must be published on the electronic portal of the leading agency responsible for drafting for at least 60 days for agencies, organizations, and individuals to provide their opinions.

The draft joint circular involving the Chief Justice of the Supreme People's Court must seek opinions from members of the Supreme People's Court Bench; the draft joint circular involving the Prosecutor General of the Supreme People's Procuracy must seek opinions from members of the Supreme People's Procuracy Inspection Committee.

4. The leading agency responsible for drafting shall study the opinions provided to revise the draft.

5. The draft is approved when there is a consensus among competent agencies issuing joint circulars.

The Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, the Ministers, and the Heads of equivalent ministries jointly issue the joint circular.”

32. Amend and supplement some clauses of Article 111 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Provincial People's Committees, provincial People's Council Departments, and provincial Vietnam Fatherland Front Central Committees base on legal normative documents of higher-level state agencies, themselves or upon proposals from agencies, organizations, and People's Council representatives, have the responsibility to propose the establishment of provincial People's Council resolutions.”

b) Amend and supplement Clause 3 as follows:

“3. If the proposal for establishing a provincial People's Council resolution contains provisions as stipulated in Clause 4, Article 27 of this Law, it must comply with the regulations from Article 112 to Article 116 of this Law before submitting to the Standing Committee of the People's Council.”

33. Amend and supplement Clause 1, Article 116 as follows:

"1. For the proposal to establish a resolution submitted by the People's Committee at the provincial level for submission, the People's Committee shall be responsible for collectively examining, discussing, and voting by majority to approve the policies within each proposal to establish a resolution.

The dossier submitted to the People's Committee at the provincial level includes the documents specified in Article 114 of this Law, the report on the assessment of the proposal to establish a resolution, and the report on explanations and adoption of opinions from the assessment."

34. Amend and supplement Clause 2 and Clause 3 of Article 117 as follows:

"2. The dossier for the proposal to establish a resolution as prescribed in Clauses 1, 2, and 3 of Article 27 of this Law shall include:

a) A request for the establishment of a resolution, which must clearly state the basis for issuing the resolution; the subject, scope of regulation, main content of the resolution; the expected time for submitting the People's Council for consideration and approval; the anticipated resources and conditions for implementing the resolution;

b) Other documents (if any).

3. The dossier for the proposal to establish a resolution as prescribed in Clause 4 of Article 27 of this Law shall include:

a) The documents specified in Article 114 of this Law;

b) The report on the assessment of the proposal to establish a resolution; the report on explanations and adoption of opinions from the assessment;

c) The decision approving the policy in the proposal to establish a resolution by the competent authority as prescribed in Article 116 of this Law."

35. Amend and supplement Clause 1 and add Clause 1a after Clause 1 of Article 119 as follows:

"1. Organize the drafting of the draft resolution. For the resolution prescribed in Clause 1 of Article 27 of this Law, it must ensure consistency with the regulatory legal documents assigned to provide detailed regulations; for the resolution prescribed in Clause 4 of Article 27 of this Law, it must ensure consistency with the policies that have been approved.

1a. Assess the impact of the policy on the draft resolution prescribed in Clauses 2 and 3 of Article 27 of this Law."

36. Amend and supplement Article 121 as follows:

"Article 121. Assessment of the draft resolution submitted by the People's Committee at the provincial level

1. The draft resolution of the People's Council at the provincial level submitted by the same-level People's Committee for submission must be assessed by the Department of Justice before being submitted to the People's Committee.

In cases where necessary, the Department of Justice may require the leading agency to prepare a report on issues related to the content of the draft resolution; conduct surveys independently or together with the leading agency on issues related to the content of the draft resolution. The leading agency has the responsibility to provide information and documents to serve the assessment of the draft resolution.

For draft resolutions related to multiple fields or prepared by the Department of Justice, the Director of the Department of Justice shall establish an advisory board for assessment, including representatives of relevant agencies, organizations, experts, and scientists.

At least 25 days before the meeting of the People's Committee, the leading agency must send the dossier of the draft resolution to the Department of Justice for assessment.

2. The dossier for assessment includes:

a) The request of the People's Committee regarding the draft resolution;

b) Draft resolution;

c) The summary, explanation, and adoption of opinions from agencies, organizations, and individuals; copies of opinions; reports on the impact assessment of the policy on the resolution prescribed in Clauses 2 and 3 of Article 27 of this Law;

d) Other documents (if any).

Documents prescribed in Point a and Point b of this clause shall be sent in paper form, while the remaining documents shall be sent in electronic form.

a) Compliance with the procedures and requirements for preparing partial amendments to urban and rural planning schemes as stipulated in this Decision;

a) The necessity to issue the resolution prescribed in Clauses 2 and 3 of Article 27 of this Law; the subject, scope of regulation for the draft resolution;

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

c) The consistency of the content of the draft resolution with the documents assigned to the People's Council for detailed regulations; the consistency of the content of the draft resolution with the policies in the proposal to establish a resolution that have been approved according to the provisions of Article 116 of this Law;

d) Language and technical aspects of drafting the document.

4. The assessment report must clearly reflect the opinion of the assessing agency on the content of the assessment prescribed in Clause 3 of this Article and the opinion on whether the draft resolution meets the conditions or does not meet the conditions for submission to the People's Committee.

The assessment report must be sent to the leading agency within 15 days from the date the Department of Justice receives the complete dossier for assessment.

5. The leading agency is responsible for explaining and adopting opinions from the assessment to revise and perfect the draft resolution, and simultaneously sending the report on explanations and adoption along with the revised draft document to the Department of Justice when submitting the draft resolution to the People's Committee."

37. Amend and supplement Point d of Clause 1 of Article 122 as follows:

"d) The summary, explanation, and adoption of opinions from agencies, organizations, and individuals; the report on the impact assessment of the policy on the resolution prescribed in Clauses 2 and 3 of Article 27 of this Law;"

38. Amend and supplement some points and clauses of Article 124 as follows:

a) Amend and supplement point d of Clause 2 as follows:

"d) The summary, explanation, and adoption of opinions from agencies, organizations, and individuals; copies of opinions; the report on the impact assessment of the policy on the resolution prescribed in Clauses 2 and 3 of Article 27 of this Law;"

b) Add Clause 2a after Clause 2 as follows:

"2a. The reviewing agency shall not proceed with the review of the draft resolution if the dossier is incomplete or submitted beyond the deadline as prescribed in Clause 2 of this Article;"

c) Amending and supplementing Point a Clause 3 as follows:

"a) The necessity to issue the resolution prescribed in Clauses 2 and 3 of Article 27 of this Law; the content of the draft resolution and issues with differing opinions;"

39. Amend and supplement Point c of Clause 2 of Article 128 as follows:

"c) Impact assessment of administrative procedures in cases where the law or resolution of the National Assembly assigns the provision of administrative procedures; gender impact assessment (if applicable);"

40. Amend and supplement Article 130 as follows:

"Article 130. Assessment of the draft decision of the People's Committee at the provincial level

1. The Department of Justice shall be responsible for assessing the draft decision before submitting it to the People's Committee at the provincial level.

In cases where necessary, the Department of Justice may require the leading agency to report on issues related to the content of the draft decision; conduct surveys independently or together with the leading agency on issues related to the content of the draft decision. The leading agency has the responsibility to provide information and documents to serve the assessment of the draft decision."

For draft decisions related to multiple fields or drafted by the Department of Justice, the Director of the Department of Justice shall establish an appraisal board comprising representatives from relevant agencies and organizations, experts, and scientists.

At least twenty-five days before the People's Committee meeting, the drafting agency must submit the draft decision dossier to the Department of Justice for appraisal.

2. The dossier for assessment includes:

a) The report of the People's Committee on the draft decision;

b) The draft decision;

c) A summary, explanation, and adoption of comments from agencies, organizations, and individuals; copies of comments;

d) Other documents (if any).

Documents prescribed in Point a and Point b of this clause shall be sent in paper form, while the remaining documents shall be sent in electronic form.

a) Compliance with the procedures and requirements for preparing partial amendments to urban and rural planning schemes as stipulated in this Decision;

a) The necessity of promulgating the decision as stipulated in Clause 2 and Clause 3 of Article 28 of this Law; the subject and scope regulated by the draft decision;

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

c) The necessity, rationality, and compliance costs of administrative procedures in the draft decision, if it includes administrative procedures; the integration of gender equality issues in the draft decision, if it involves gender equality issues;

d) Resources and conditions to ensure the implementation of the decision;

đ) Language and document drafting techniques.

4. The appraisal report must clearly reflect the opinions of the appraising agency regarding the contents specified in Clause 3 of this Article and the opinion on whether the draft decision meets the conditions or does not meet the conditions to be submitted to the People's Committee.

The assessment report must be sent to the leading agency within 15 days from the date the Department of Justice receives the complete dossier for assessment.

5. The drafting agency is responsible for explaining and adopting the appraisal opinions to revise and perfect the draft decision, and simultaneously submitting the explanation and adoption report along with the revised draft document to the Department of Justice when presenting the draft decision to the People's Committee.”

41. Amend and supplement Article 131 as follows:

“Article 131. Dossier of draft decisions submitted to the provincial People's Committee

1. The drafting agency sends the dossier of the draft decision to the provincial People's Committee at least three working days before the People's Committee meeting to transfer to the members of the People's Committee.

2. The dossier of the draft decision includes:

a) Documents as prescribed in Clause 2 of Article 130 of this Law;

b) Appraisal reports; reports on explanations and adoption of appraisal opinions.

Documents as prescribed in Point a and Point b of Clause 2 of Article 130 of this Law and Point b of this Clause shall be sent in paper form, while other documents shall be sent electronically.”

42. Amend and supplement Clause 1 of Article 134 as follows:

“1. The Legal Affairs Office is responsible for appraising draft resolutions of the People's Councils at the district level before they are submitted to the district-level People's Committee.

At least twenty days before the People's Committee meeting, the drafting agency must send the dossier of the draft resolution of the district-level People's Council to the Legal Affairs Office for appraisal.”

43. Amend and supplement Article 139 as follows:

“Article 139. Appraisal of draft decisions of district-level People's Committees

1. The Legal Affairs Office is responsible for appraising draft decisions of district-level People's Committees before submission.

At least twenty days before the People's Committee meeting, the drafting agency must send the dossier of the draft decision to the Legal Affairs Office for appraisal.

2. The dossier for assessment includes:

a) The report of the People's Committee on the draft decision;

b) The draft decision;

c) A summary, explanation, and adoption of comments from agencies, organizations, and individuals; copies of comments;

d) Other documents (if any).

a) Compliance with the procedures and requirements for preparing partial amendments to urban and rural planning schemes as stipulated in this Decision;

a) The necessity of promulgating the decision; the subject and scope regulated by the draft decision;

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

c) The necessity, rationality, and compliance costs of administrative procedures in the draft decision, if it includes administrative procedures; the integration of gender equality issues in the draft decision, if it involves gender equality issues;

d) Resources and conditions to ensure the implementation of the decision;

đ) Language and document drafting techniques.

4. The appraisal report must clearly reflect the opinions of the appraising agency regarding the contents specified in Clause 3 of this Article and the opinion on whether the draft decision meets the conditions or does not meet the conditions to be submitted to the People's Committee.

The appraisal report must be sent to the drafting agency within fifteen days from the date the Legal Affairs Office receives the complete dossier for appraisal.

5. The drafting agency is responsible for explaining and adopting the appraisal opinions to revise and perfect the draft decision, and simultaneously submitting the explanation and adoption report along with the revised draft document to the Legal Affairs Office when presenting the draft decision to the People's Committee.”

44. Amend and supplement Article 146 as follows:

“Article 146. Cases for building and promulgating legal normative documents according to simplified procedures

1. In cases of emergency as provided by laws on emergency situations; sudden and urgent situations in disaster prevention and control, disease outbreaks, fires, explosions; urgent situations to resolve practical issues arising.

2. In cases where it is necessary to suspend the entire or part of the effectiveness of legal normative documents to promptly protect the interests of the State, the legitimate rights and interests of organizations and individuals.

3. In cases where it is necessary to immediately amend the legal normative documents to be consistent with newly issued legal normative documents; in cases where it is necessary to immediately promulgate legal normative documents to implement international treaties to which the Socialist Republic of Vietnam is a party.

4. In cases where it is necessary to abolish part or all of the legal normative documents that violate the law or are no longer appropriate to the socio-economic development situation.

5. In cases where it is necessary to extend the application period of the entire or part of the legal normative documents for a certain period to resolve urgent practical issues arising.”

45. Amend and supplement Clause 3 and add Clause 3a after Clause 3 of Article 147 as follows:

“3. The Prime Minister decides on the application of simplified procedures in the construction and promulgation of Government Decrees and Prime Minister's Decisions; decides on the application of simplified procedures for Circulars issued by Ministers and Heads of equivalent agencies in urgent cases to resolve practical issues arising as stipulated in Clause 1 of Article 146 of this Law.

The document requesting the Prime Minister to decide on the application of simplified procedures for Circulars issued by Ministers and Heads of equivalent agencies as prescribed herein must be accompanied by a written opinion of the Minister of Justice.

3a. Ministers, Heads of equivalent agencies, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, State Auditor General decide on the application of simplified procedures for legal normative documents issued by themselves in cases as stipulated in Clause 2 and Clause 4 of Article 146 of this Law.”

46. Amend and supplement Article 148 as follows:

“Article 148. Procedures for constructing legal normative documents according to simplified procedures

The construction of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, decrees of the Government, decisions of the Prime Minister, circulars of the Chief Justice of the Supreme People's Court, circulars of the Procurator General of the Supreme People's Procuracy, circulars of Ministers, Heads of ministerial-level agencies, decisions of the State Auditor, resolutions of provincial People's Councils, decisions of provincial People's Committees following simplified procedures shall be carried out as follows:

1. The leading agency shall organize the drafting.

2. The leading agency may organize the collection of opinions from entities directly affected by the document, relevant agencies, organizations, and individuals. In cases where opinions are collected in writing, the period for collecting opinions shall not exceed twenty days.

3. Within seven days from the date of receiving the draft project file, the reviewing agency shall be responsible for reviewing, and the leading agency for examining the draft document.

The files submitted for review include the proposal, draft document, summary, explanation, and adoption of comments from agencies, organizations, and individuals when opinions are solicited.

The files submitted for examination include the proposal, draft document, summary, explanation, and adoption of comments from agencies, organizations, and individuals when opinions are solicited, the review report, and the explanation and adoption of review comments.

47. Amend and supplement some points and clauses of Article 149 as follows:

a) Amend and supplement Points b and c of Clause 1 as follows:

“b) The files submitted for the draft decree, draft decision of the President, draft circular of the Chief Justice of the Supreme People's Court, draft circular of the Procurator General of the Supreme People's Procuracy, draft decision of the State Auditor include the proposal and draft;

c) The files submitted for the draft decree of the Government, draft decision of the Prime Minister, draft circular of the Minister, Head of a ministerial-level agency, draft decision of the provincial People's Committee include the proposal, draft, and the review report.”

b) Add point d1 after point d of Clause 2 as follows:

“đ1) Ministers, Heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor shall examine and sign to promulish normative legal documents immediately upon receipt of the draft document according to the procedures stipulated in Articles 104, 106, 107, and 108 of this Law;”

48. Amend and supplement Article 151 as follows:

“Article 151. Effective Date of Normative Legal Documents

1. The effective date of all or part of a normative legal document is specified in the document but shall not be earlier than forty-five days from the date of approval or issuance for normative legal documents of central state agencies; not earlier than ten days from the date of approval or issuance for normative legal documents of provincial People's Councils and People's Committees; not earlier than seven days from the date of approval or issuance for normative legal documents of district and commune People's Councils and People's Committees.

2. Normative legal documents issued under simplified procedures may take effect from the date of approval or issuance, and must be published immediately on the website of the issuing agency and announced through mass media; they must also be published in the Official Gazette of the Socialist Republic of Vietnam no later than three days from the date of announcement or issuance for normative legal documents of central state agencies; published in the Provincial Gazette no later than three days from the date of approval or issuance for normative legal documents of provincial People's Councils and People's Committees.”

49. Amend and supplement Clause 1 of Article 153 as follows:

“1. Normative legal documents cease to be effective in whole or in part until a decision is made by the competent state authority in the following cases:

a) They are suspended from implementation according to the provisions of Clause 3 of Article 164, Clause 2 of Article 165, Clauses 2 and 3 of Article 166, Clauses 2 and 3 of Article 167, and Clause 1 of Article 170 of this Law. If the competent state authority issues a decision to revoke the document, it ceases to be effective; if no such decision is issued, the document remains effective;

b) The authority that issued the normative legal document decides to suspend its effectiveness in whole or in part to promptly protect the interests of the State, the rights, and legitimate interests of organizations and individuals.”

50. Amend and supplement Article 157 as follows:

“Article 157. Publication and Announcement COLLECT 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

Normative legal documents must be fully published on the National Legal Information System no later than fifteen days from the date of announcement or issuance for documents of central state agencies; no later than fifteen days from the date of approval or issuance for documents of provincial People's Councils and People's Committees, and announced through mass media, except for documents containing information classified as state secrets under the law on protecting state secrets.

Normative legal documents published on the National Legal Information System have official usage value.”

51. Amend and supplement Clause 4 of Article 172 as follows:

“4. Provisions on administrative procedures in normative legal documents prescribed by state agencies and persons with authority under Clause 4 of Article 14 of this Law issued before July 1, 2016 shall continue to be applied until they are revoked by another document or replaced by new administrative procedures. In cases where normative legal documents prescribing administrative procedures issued before July 1, 2016 are amended or supplemented, no new administrative procedures shall be created or additional components of application forms, requirements, conditions, or increased processing time for existing administrative procedures shall be added.”

52. Add words or phrases in some articles as follows:

a) Add the word "Permanent" before the phrase "Legal Affairs Committee" in Clause 3 of Article 48, Point c of Clause 1 of Article 49, and Clause 2 of Article 50;

b) Add the phrase "; report explaining, adopting review comments" after the phrase "Review report" in Point b of Clause 2 of Article 140.

53. Replace or delete words or phrases in some articles as follows:

a) Replace the term "title" with "name" in Clause 3, Article 8;

b) Replace the term "Outline" with the phrase "Proposed detailed outline" in Point d, Clause 1, Article 37 and Clause 5, Article 114;

c) Replace the phrase "Impact assessment report of the document" with the phrase "Impact assessment report of the policy" in Point c, Clause 2, Article 95;

d) Replace the phrase "Comprehensive report, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected subjects of the document" with the phrase "Comprehensive document, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected subjects of the document" in Point c, Clause 2, Article 98; replace the phrase "Clause 1 of this Article" with the phrase "Clause 3 of this Article" in Clause 5, Article 98;

đ) Replace the phrase "directly affected subjects of the draft resolution" with the phrase "directly affected subjects of the policy in the proposal to establish the resolution" in Clause 2, Article 113;

e) Replace the phrase "Content of impact assessment of each policy in the proposal to establish the resolution" with the phrase "Impact assessment report of the policy in the proposal to establish the resolution" in Clause 2, Article 114;

g) Remove the phrase "Office of the National Assembly Delegation," in Clause 3, Article 33, Point a, Clause 1, Article 56 and Clause 4, Article 57;

h) Remove the phrase ", participating review agency" in Point a, Clause 1, Article 50;

i) Remove the phrase "draft resolution" in Clause 5, Article 115.

Article 2. Effective Date

This Law shall take effect from January 1, 2021.

_______________________________

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 9th session on June 18, 2020.