Resolution No. 857/NQ-UBTVQH13 On organizing to solicit public opinions on the draft Civil Code (Amended)

RESOLUTION

Regarding the organization of soliciting public opinions on the draft Civil Code (amended)

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

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

Pursuant to the Law on Legislative Activities number 17/2008/QH12;

Considering the proposal of the Government at the Report number 390/TTr-CP dated October 12, 2014 on the draft Civil Code (amended),

RESOLUTION:

Article 1. Organization of soliciting public opinions on the draft Civil Code (amended)

The Government is tasked with organizing the solicitation of public opinions on the draft Civil Code (amended) which has been revised based on the feedback from National Assembly deputies during the eighth session of the XIIIth National Assembly.

Article 2. Purpose of organizing the solicitation of public opinions

To promote the people's right to mastery, to mobilize the wisdom of the people in contributing to the content of the draft Civil Code (amended), ensuring the specific implementation of constitutional provisions recognizing, respecting, protecting, and guaranteeing human rights and citizens' rights, contributing to the perfection of the socialist-oriented market economy system, stabilizing the legal environment for national socio-economic development and the people's life.

Article 3. Requirements for organizing the solicitation of public opinions

1. Organizing the solicitation of public opinions through appropriate forms, creating favorable conditions for all strata of the people to contribute to the draft Civil Code (amended). The solicitation of public opinions must be conducted widely, scientifically, openly, ensuring progress, quality, practicality, and economy.

2. Public opinions must be fully and accurately compiled, seriously studied, and addressed to improve the draft Civil Code (amended).

3. Ensuring the leadership of Party committees at all levels, strict guidance of state authorities at all levels, and emphasizing the responsibility of heads of agencies and organizations in soliciting public opinions.

Article 4. Objectives, contents, and forms of soliciting public opinions

1. Object of soliciting opinions: All strata of the people within the country and overseas Vietnamese.

2. Content of soliciting opinions: Soliciting public opinions on the entire draft Civil Code (amended), focusing on key issues determined by the Government. The draft Civil Code (amended) will be published in the People's Newspaper, the website of the National Assembly, the Government, and the Ministry of Justice.

3. Forms of soliciting public opinions:

a) Direct written contributions;

b) Organizing conferences, seminars, and roundtable discussions;

c) Through the website of the Ministry of Justice;

d) Other suitable forms.

4. Opinions of the people within the country and overseas Vietnamese contributing to the draft Civil Code (amended) shall be sent to the agencies and organizations specified in Article 5 of this Resolution or the Ministry of Justice at address 60 Tran Phu, Ba Dinh, Hanoi or via email: [email protected].

Article 5. Responsibilities for organizing the solicitation of public opinions

1. The Government directs ministries, ministerial-level agencies, and government agencies to organize the solicitation of opinions and report the results of their solicitation to the Government.

2. The Supreme People's Court and the Supreme People's Procuracy organize the solicitation of opinions from courts and procuracies at all levels, and prepare reports on the results of the solicitation to be submitted to the Government (through the Ministry of Justice) for consolidation.

3. Provincial People's Committees and municipal people's committees under the central government take the lead, coordinate with the Standing Committee of the People's Council, Delegations of the National Assembly, the Vietnam Fatherland Front, and other members of the front at the same level to organize the solicitation of opinions from agencies, organizations, and individuals in their localities, and prepare reports on the results of the solicitation in their localities to be submitted to the Government (through the Ministry of Justice) for consolidation.

4. The Vietnam Fatherland Front and its member organizations have the responsibility to mobilize the people to participate in contributing opinions on the draft Civil Code (amended). The Central Committee of the Vietnam Fatherland Front takes the lead, coordinates with the central agencies of the member organizations of the front to organize the solicitation of opinions and prepare reports on the results of the solicitation to be submitted to the Government (through the Ministry of Justice) for consolidation.

5. News agencies and mass media have the responsibility to disseminate and reflect relevant contents related to the draft Civil Code (amended) to provide information for the people's contribution of opinions; create favorable conditions for the people to participate in contributing opinions and report the people's opinions fully, promptly, truthfully, and objectively. In cases where special sections for contributing opinions on the draft Civil Code (amended) are established, opinions contributed in these sections shall be compiled.

Article 6. Time for Soliciting Public Opinion

1. The time for soliciting public opinion on the draft Civil Code (amended) begins on January 5, 2015 and ends on April 5, 2015.

2. After the deadline specified in Clause 1 of this Article, organizations and individuals who continue to provide comments on the draft Civil Code (amended) shall send them to the Ministry of Justice before September 20, 2015 at address 60 Tran Phu, Ba Dinh, Hanoi or via email: [email protected]. All opinions provided by the public will be seriously studied, adopted to revise the draft Civil Code (amended) for submission to the National Assembly for consideration and decision.

Article 7. Implementation Organization

1. The Government shall determine the key issues for soliciting public opinion on the draft Civil Code (amended), issue a Plan to implement this Resolution, and organize the publication of the draft Civil Code (amended) for public opinion solicitation.

2. Agencies and organizations specified in Clauses 2, 3, and 4 of Article 5 of this Resolution, based on this Resolution, the Government's Plan, and the specific circumstances of their agencies, organizations, and localities, shall develop implementation Plans and organize the solicitation of opinions, ensuring requirements and deadlines.

3. Reports on the results of soliciting opinions from agencies and organizations specified in Article 5 of this Resolution shall be submitted to the Government (through the Ministry of Justice) before April 15, 2015.

4. The Government shall prepare a comprehensive report on the results of soliciting public opinion, adopt revisions, and perfect the draft Civil Code (amended), report to the Standing Committee of the National Assembly, and submit it to the National Assembly at its ninth session, Thirteenth National Assembly term.

5. The funds serving the organization of public opinion solicitation on the draft Civil Code (amended) shall be guaranteed by the state budget according to current regulations./.