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CONGRESS
Number: 80 /2015/QH13
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 22, 2015
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LAW.
B Law enforcement text. t
Number one.
The Constitution of the Socialist Republic of Vietnam.
Congress enacted laws that enacted laws that violate the law.
COMMON RULES
The law rules the principle, jurisdiction, form, sequence, procedure of building, promulgation of the rule of law; the responsibilities of state agencies, organizations, individuals in the building of the text of the rule of law.
This law does not rule the Constitution, amendments to the Constitution.
What? 2. The text of the rule of law
The text of the rule of law is the document containing the rule of law, enacted in accordance with authority, form, sequence, procedure of regulation in this Law.
The text contains the law, the law, but it is enacted without authority, the form, the order, the prescribed procedure in this Law is not a legal document.
In this Law, the words below are understood as follows:
1. Rule of law. is the general handling rule, which has a common compulsory effect, applied repeatedly repeatedly to the agency, organization, individual within the country or certain administrative unit, due to the state agency, who has the authority to rule in this Law enacted by the state government. And be done by the State.
2. Subject directly to the direct impact of the rule of law. is the agency, the organization, the right individual, the obligation, the responsibility that is directly influenced by the application of that text after being enacted.
3. Explain the Constitution, the law, the ordinance. is the Standing Committee of the National Assembly that clears the spirit, the content of the article, the paragraph, the point in the Constitution, the law, the ordinance to be aware, done, the right applies, the law enforcement.
What? 4. The legal system of law
1. Constitution.
2. Code, law (later known collectively as law), the resolution of Congress.
3. Ordinal order, the resolution of the Standing Committee of the National Assembly; the resolution of the association between the Standing Committee of the National Assembly with the Presido of the Central Committee of the Republic of Vietnam.
4. Command, decision of the president of the country.
5. Government decree; the resolution of the government between the Government with the Presido of the Central Committee of the Union of Vietnam.
6. Prime Minister ' s decision.
7. The resolution of the Supreme Court of the People ' s Court.
8. The Chief Justice of the Supreme People 's Court; the investment of the Academy of the Supreme People' s Examination; the investment of the Minister, the chief of the peer-to-peer body; the link between the Chief Justice of the Supreme People ' s Court with the Institute of Human Control. the supreme people; the joint venture between the minister, the chief of the body equal to the Chief Justice of the Supreme People's Court, the Institute of Ministers of the Supreme People's Examination; the decision of the General Auditor General.
9. Resolution of the Provincial People's Assembly, the central city of the central city (the following is the provincial level).
10. The decision of the Provincial People ' s Commission.
11. Text of the law of local government in the administrative unit-in particular economics.
12. Resolution of the council of the people of the district, county, town, the city of the province, the city of the central city of the central city (the following general is the district level).
13. The decision of the District People's Committee.
14. Resolution of the People's Assembly, ward, town (later known as township level).
15. The decision of the Social People ' s Committee.
What? 5. The principle of construction, the statute of law that rules the law
1. Secure the constitution, the legitimacy and consistency of the legal code of law in the legal system.
2. comply with the right authority, form, sequence, procedure of construction, the promulgable text of the rule of law.
3. Make sure transparency in the regulation of the text of the rule of law.
4. Secure the feasibility, savings, efficiency, timely, ease of access, ease of implementation of the law of law; ensure that the cage of gender equality in the text of law rules; ensure the reform of the administrative reform.
5. Make sure the requirements for defense, security, environmental protection, do not impede the implementation of the international treaties that the Socialist Republic of Vietnam is a member.
6. Public guarantee, democracy in the reception, feedback, the petition of the individual, the agency, the organization in the process of construction, the promulgable text of the rule of law.
What? 6. Participate in the opinion of building law-breaking text
1. Vietnam ' s Fatherland Front, Vietnam Chamber of Commerce and Industry, other member organizations of the Front and the agencies, other organizations, individuals have the right and are facilitated by the opinion of the proposal for the construction of the law of law and the draft of the office. The rule of law.
2. During the construction of the rule of law, the agency, the presiding organization of the drafting and agency, the relevant organization responsible for facilitalization of the agencies, organizations, individuals involved in the opinion of the proposal to build the text of the law, It is a draft of the law; it takes the initiative of the subject to bear the direct impact of the text of the law.
3. Opinion involved in the proposal to build a law-breaking text, draft legislation that rules the law must be studied, followed in the process of editing the draft text.
What? 7. The responsibility of the agency, the organization, who has the authority in construction, issued the copyright legislation.
1. Agency, organization, who has the authority to submit the project, draft legislation that is responsible for the progress of the presentation and quality of the project, the draft text due to the presentation.
2. The agency, the organization presiding over the copyright law drafting law that is responsible to the agency, the organization, who has the authority or agency, the organization, who has the authority to issue text on the drafting progress, the quality of the project, the draft text published. It's a draft.
3. Agency, organization, persons with authority recommended to participate in the comments on the proposal to build a law-breaking text, draft legislation which rules the law responsible for the content and the deadline for consultation.
4. The appraisal body is responsible to the agency, the organization, who has the authority or agency, who has the authority to enact a law-breaking text on the outcome of the appraisal proposal to build a legal, project, draft text bill. Breaking the law.
The appraisal agency is responsible to the authorities with the authority to enact a law-breaking text on the outcome of the project, the draft text of the law.
5. Congress, the People ' s Council and other agencies, who have the authority to enact legislation that violate the law responsible for the quality of the text issued by themselves.
6. The agency, who has the authority to take responsibility for the delay of the prescribed text, details the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President of the country.
7. The agency, who has the authority to take responsibility for the promulgation of the law of law contrary to the Constitution, the law, the resolution of Congress, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President, the Government ' s decree The decision of the Prime Minister, the decision of the Prime Minister, the law of the law of the state authority above or promulgled the details of the details of the details of the details of the extent to which the scope is given in detail.
8. The head of the agency, the presiding organization, the appraisal agency, the agency, the agency, the agency, and the agency that enacted the law that violates the law within the scope of the mission, its powers are responsible for not completing the mission and depending on the extent to which it is processed by the rule of law on the cadres, the public and other regulation of the relevant legislation in the case of a non-guarantee text draft of the quality, slow progress, no guarantee of constitutional, legitimacy, legitimacy, The law is in violation of the law.
What? 8. Language, law-based text engineering.
1. Language in the text of the rule of law is Vietnamese.
The language used in the text of the rule of law must be precise, universal, the way to express is clear, easy to understand.
2. The law of the rule of law must specify the contents of the content to be adjusted, without general regulation, which does not redefine the content that has been specified in the text of the other law.
3. Depending on the content, the text of the rule of law can be presented in accordance with the section, chapter, item, subsection, article, paragraph, point; sections, chapters, items, items, subitems, which in the text of the rule of law must have the title. There is no specific chapter on the inspector, complaint, denounce, commendation, violation of the law in the form of law, without the new content.
4. The Standing Committee of the National Assembly provides for the format and the technical presentation of the laws of the National Assembly, the Standing Committee of the National Assembly, the President of the Nation.
The government provides for the format and the technical presentation of the laws of the agencies, with other authority stipulated in this Law.
What? 9. The text translation rules out ethnic minority, foreign language and language.
The text of the rule of law can be translated into a minority, foreign language; the translation has a reference value.
The government regulates this.
What? 10. Number, the sign of the law of the rule of law
1. Number, the sign of the law of the rule of law must express the order of the order, the release year, the type of text, the writing agency.
2. The numbering of the order of the text of the rule of law must follow each type of text and the release year. The law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly is numbered according to each type of text and the term of the National Assembly.
3. Number, the sign of the rule of law that is sorted as follows:
a) Number, the sign of the law, the resolution of the Congress is arranged in the following order: "the type of text: the order number of the text/year issued/the abbreviation of the executive body and the number of congressional keys";
b) The number, the sign of the ordinance, the resolution of the Standing Committee of the National Assembly is arranged in the following order: "the type of text: the order number of the text/year issued/the initialization of the executive body and the number of congressional keys";
c) The number, the sign of the rule of law that does not belong to the specified case at the point a and this b point is arranged in the following order: " the order number of the text/year issued/the initialization of the text type-the abbreviation of the office of writing. ".
What? 11. The detailed regulatory text
1. The law of the rule of law must be specified, in order to be taken immediately. In the case of text, the clause, the point where the content is related to the process, the technical regulation and the other contents need to specify the details, then at the same time, the point, that point can be delivered to the state agency with the authority to specify the details. The detailed regulatory text is only regulated and not redefined in the details of the specified text.
2. The Agency was assigned to the details of the unauthorised details.
The draft text specifies the details to be prepared and presented simultaneously with the bill, the ordinance and must be issued in order to take effect at the same time as the validity of the text or article, paragraph, point specified in detail.
3. The case of a given body that details many of the contents of a law that rules the law, issuing a text to the regulation of those content, except for the case to be specified, in different texts.
In case a body is assigned to detail the contents of various laws that have different laws, it is possible to issue a document for detailed regulation.
What? 12. Amendment, supplement, replacement, repeal or suspension of the copyright law enforcement of the law.
1. The law of the rule of law is only amended, supplemated, replaced or repel by the law of the state government itself enacted that text or suspended the enforcement or abolition of the state agency ' s written state authority. Right. The revised, complementary, alternative, repel, or suspension of other text implementation must specify the name of the text, the section, chapter, item, subsection, article, paragraph, point of the revised text, the addition, replacement, abolition or suspension of the implementation.
The text repealing the law of the law must be published by the report, the listing by statute.
2. When the enacal promulgation of the law, the executive authority must amend, add, abolish the text, the section, chapter, item, subsection, article, paragraph, point of the statute of the rule of law due to its promulgation with the new text in the text. This is the new version; the case cannot be modified, the addition of which must be specified in the new text of the text catalog, the section, chapter, item, subsection, article, paragraph, point of the law of the law which he issued against the rule of law. the new law and the responsibility of the amendment, the addition before the text of the rule of the new law is in effect.
3. A law-breaking text can be enacted to simultaneously amend, supplement, replace, abolish the content in multiple text-breaking legislation led by the same agency.
What? 13. Send text of the rule of law, project records, draft legislation that violate the law
1. The law of the rule of law must be sent to the agency with jurisdiction to monitor, check out.
The slog is at three days from the date of the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly or the certificate, the issue of the executive order of other law, the agency, the authority to enact the copyright text. The law is responsible for sending text to the authority that has jurisdiction in paragraph 1 Article 164 of the law to oversee, the body has jurisdiction in paragraph 3 Article 165, paragraph 1 Article 166 or paragraph 1 Article 167 of this Law for inspection.
2. The project profile, draft and the origination of the rule text, the law must be stored in accordance with the provisions of the law on storage.
1. The Executive Committee rules against the Constitution, as opposed to the laws of the state office.
2. The Executive Committee is not part of the legal system that rules the rule of law at Article 4 of the Law but contains the rule of law.
3. The executive order of the rule of law is not properly jurisdiction, form, sequence, procedure rules in this Law.
4. Regulation of the administrative procedure in the investment of Chief Justice of the Supreme People 's Court, the investment of the Institute of the Supreme People' s Examination Institute, the Minister of Foreign Affairs, the Foreign Minister ' s Office of the Supreme Court, the chief justice of the Supreme Court of the Supreme People. The Institute for the Supreme People 's Audit Institute, the joint venture between the minister, the chief of the body equal to the Chief Justice of the Supreme People' s Court, the Supreme People 's Institute for Human Control, the decision of the State Auditor General, the Council' s resolution. the provincial population, the decision of the Provincial People ' s Committee, the text of the law of the local government in the administrative unit-the economy. In particular, the resolution of the Council of the People's Committee, the decision of the District People's Committee, the resolution of the Council of the People's Competitions, the decision of the Committee on the People's Committee, except for the case in law.
THE AUTHORITY GRANTED,
COPYRIGHT LAW
What? 15. Laws, Congress resolution
1. Congress enacted laws to rule:
a) The organization and operation of the National Assembly, the President of the Country, Government, People's Court, the Human Rights Watch, the National Electoral Council, State Audit Council, Local Government, Administrative divisions-Special Economic and Other Authority established by the National Assembly;
b) the right of the people, the right and the basic obligations of the citizens, but according to the Constitution shall be made by the law, the restrictions of the human rights, the rights of the people, and the crime, and the punishment;
c) The basic policy of finance, national currency, state budget; regulation, modification, or repeal of taxes;
d) The basic policy of culture, education, health, science, technology, environment; and more.
Defense, national security;
e) National policy, religious policy of the State;
g) Function, rank in the armed forces of the people; functions, diplomatic levels; functions, other state levels; medal, medal, and honor of state;
h) basic policy on foreign affairs;
I pray to the people.
) The mechanism for protection of the Constitution;
l) Other matters under the jurisdiction of Congress.
2. Congress enacted resolutions to rule:
a) The ratio of the division of the revenues and duties between the central budget and the local budget;
b) Perform a pilot for a number of new policies under the decision authority of the National Assembly but have yet to have laws regulating or otherwise with the provisions of the existing law;
c) suspend or extend the duration of full application or part of the law, the resolution of the National Assembly meets the urgent requirements of economic development-society, the guarantee of human rights, citizenship;
d) Regulations on the state of emergency, other special measures warrant defense, national security; and more.
The infirmary.
e) Other matters under the jurisdiction of Congress.
What? 16. Ordinal order, the resolution of the Standing Committee of the National Assembly
1. The Standing Committee of the National Assembly issued an order to rule out matters of Congress.
2. The Standing Committee of the National Assembly issued a resolution to stipulate:
a) Explain the Constitution, the law, the ordinance;
b) suspend or extend the duration of full application or part of the ordinance, the resolution of the Standing Committee of the National Assembly meets the urgent requirements of economic-social development;
c) The repeal of the ordinance, the resolution of the Standing Committee of the National Assembly; the case of the repeal of the ordinance, the Standing Committee of the National Assembly is responsible for reporting the Congress at the most recent.
d) General mobiles or local mobiles; initially, repel of emergency in either country or in local;
The active guide of the Council of the People;
e) The other issue under the jurisdiction of the Standing Committee of the National Assembly.
What? 17. Order, State President ' s Decision
The president of the state issued a decree, decided to rule out:
1. The mobiles or local mobiles, announced, repel the state of emergency at the resolution of the Standing Committee of the National Assembly; announced, repel the state of emergency in the country or in every local country in the case of the National Assembly Standing Committee. It's a meeting.
2. The other issue is under the jurisdiction of the President of the Water.
What? 18. Resolution between the Standing Committee of the National Assembly or Government with the Presido of the Central Committee of the Vietnam Fatherland Front
The Standing Committee of the National Assembly or Government and the Presido of the Central Committee of the Fatherland Front of Vietnam enacted, the resolution of the federation to rule on the details of the matters of the law.
The government issued a decree to stipulate:
1. Details, paragraph, points assigned in the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President;
2. Specific measures to organize the implementation of the Constitution, the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President; the measures to implement economic-social policy, defense, security, and security. financial, monetary, budget, tax, ethnicity, religion, culture, education, health, science, technology, environment, foreign affairs, civil rights, civil rights, civil rights, civil rights, civil rights, civil rights, civil rights, civil rights, civil rights, civil rights, and other matters under the jurisdiction of the civil rights. of the Government; the issues related to the mission, the powers of the two ministries, the peer-to-peer agency; the mandate, the authority, the machine organization of the ministries, peer agencies, government agencies and other agencies under the jurisdiction of the Government;
3. The issue needs to be in the jurisdiction of the National Assembly, the Standing Committee of the National Assembly but not enough conditions to build into law or ordinance to meet the requirements of state management, economic management, and social management. Prior to the panel, it had to be agreed upon by the Standing Committee of the National Assembly.
What? 20. The Prime Minister ' s Decision
The Prime Minister issued a decision to rule:
1. The leadership measure, which operates the activities of the Government and the state administrative system from the central to the local, the regime that works with Government members, local government and other matters under the jurisdiction of the Prime Minister;
2. The directive measures, co-ordinate the activities of Government members; examine the activities of ministries, peer agencies, government agencies, local authorities in the implementation of the road, the party ' s presiding, policy, law of the House of State. Water.
What? 21. The resolution of the Supreme People ' s Court Judge
The Supreme Court of the People's Court of Appeals issued a resolution to guide the application of law enforcement in the trial through the sum of the application of the law, the director of the trial.
What? 22. High Court Justice of the Supreme People ' s Court
The Supreme Court of the People's Court issued a private practice to carry out the administration of the People's Courts and the Military Tribunal on the organization and other matters under the Law of the People's Court and other laws.
What? 23. The investment of the Institute of the Supreme People ' s Institute
The Institute of Ministers of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Law of the United States and other laws are interconnected.
What? 24. Minister ' s Fourth Officer, Prime Minister
Minister, the chief executive officer of the executive department to rule:
1. Details, paragraph, points assigned in the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President, the Government ' s decree, the decision of the Prime Minister;
2. Measure the execution of its state management function.
What? 25. The federal court of justice between the Chief Justice of the Supreme Court with the Institute of the Supreme People 's Examination Institute; the joint venture between the minister, the chief of the body equal to the Chief Justice of the Supreme People' s Court, the Supreme People ' s Institute of Police.
The Chief Justice of the Supreme People 's Court and the Institute of Ministers of the Supreme People' s Control; the Minister, the Chief of the Equal Authority and the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Board of Human Examination Boards for regulation of coordination. It ' s between these organs in the execution of the sequence, the proceedings.
What? 26. State Auditor General Decision
State Auditor General Auditor issued a decision to stipulate state audit standards, audit procedures, audit records.
What? 27. The resolution of the Provincial People ' s Council
The Provincial People's Assembly issued a resolution to stipulate:
1. Detail, paragraph, point delivered in the law of the law of the state authority above;
2. Policy, measures aimed at ensuring the implementation of the Constitution, law, text of the law of the state authority above;
3. Measure to develop the economy-society, budget, defense, local security;
4. The measure has a specific nature that is consistent with the conditions of local socioeconomic development.
What? 28. The decision of the Provincial People ' s Committee
The Provincial People's Committee issued a decision to rule:
1. Detail, paragraph, point delivered in the law of the law of the state authority above;
2. Measure to enforce the Constitution, law, text of the upper state agency, the resolution of the Council of People ' s Council on the same level on economic development-social, budget, defense, local security;
3. The measure of implementation of local state management functions.
What? 29. The text of the statute of law of local government in the administrative unit-Special Economy
The People's Assembly in the administrative unit-the special economy issued the resolution, the People's Committee in Administrative divisions-the special economy issued a decision on the rules of this law and other laws that are relevant.
What? 30. People 's Council resolution, the decision of the District People' s Committee, the township level
The district-level civil society, the township-level civil rights committee, the district-level committee, issued a decision-making township to rule on matters of the law.
CONSTRUCTION, LAW ENFORCEMENT.
OF CONGRESS, THE COMMITTEE OF CONGRESS.
Item 1
SET UP LAW BUILDING, ORDINANCE
What? 31. Code building program, ordinance
1. The law-building program, the ordinance built annually on the basis of the road, the party 's chief, the state' s policy, the economic development strategy-society, defence, security and demand for state management in each period, guarantee the right to power. the people, the rights and the basic obligations of the citizens.
2. Congress decides the program to build the law, the ordinance at the first session of the previous year.
What? 32. Proposal to build law, the agency ' s ordinance, organization
1. Water President, Standing Committee of the National Assembly, National Council, Committee of the National Assembly, Government, Supreme People 's Court, the Supreme People' s Examination Institute, State Audit, the Central Committee of the Vietnam Fatherland Front and the organization ' s central body. The members of the Front have the right to submit a bill before the National Assembly, the legislative project before the Standing Committee of the National Assembly has the right to offer legislation, the ordinance.
2. The proposal to build the law, the ordinance must be based on the following bases:
a) The way, the chief of the party, the policy of the State;
b) The results of the total implementation of law enforcement or assessment of the status of social relations in relation to the policy of the law project, the ordinance;
c) Request for state management, economic development-the society; ensure the exercise of human rights, rights and fundamental obligations of citizens; guarantee defence, security;
d) Commends in the relevant international treaty that the Socialist Republic of Vietnam is a member.
What? 33. The petition for law, ordinance, proposal to build law, the delegate ordinance of Congress
1. Congressman has the right to petition for the law, the ordinance. The petition to the law, the ordinance must be based on the path, the party 's chief, the state' s policy; the economic development requirement-the society, the defense, security, exercise of human rights, rights and fundamental obligations of citizens; committed in the future. the relevant international wish that the Socialist Republic of Vietnam is a member.
2. The Congress of Congress has the right to recommend building the law, the ordinance. The order to build the law, the ordinance is set by provisions at paragraph 2 Article 32 of the Law.
3. Deputies have the right to themselves or offer the Office of the National Assembly, the Office of the Congressional Delegation, the Institute for Legislative Research supporting in the establishment of a petition to the law, the ordinance, the proposed filing of the law, the ordinance pursuant to Article 37. of this law.
4. Office of the National Assembly has the responsibility to secure the necessary conditions to delegate Congress to exercise the right to petition for the law, the ordinance, the right to build the law, the ordinance.
What? 34. The responsibility of the agency, the organization, the Congress delegate in planning to build law, ordinance.
1. Before the proposal to build the law, the ordinance, the agency, the organization, the Congress delegate to proceed or ask the agency, the organization has the authority to conduct the following activities:
a) The overall implementation of the enforcement of the law is related to the proposal for the construction of law, ordinance; the survey, assessment of the status of social relations related to the proposal to build law, ordinance;
b) The scientific research organization on matters involved in support of the proposed legislation, the ordinance; the study of information, materials, the international treaty that the Socialist Republic of Vietnam was related to the proposal to build the law, Your orders. In the case of necessity, agency requirements, organizations, individuals who are involved in providing documentation, information concerning the proposal to build law, ordinance;
c) Building the content of the policy in the proposal to build law, ordinance; assess the impact of the policy;
d) Proposition of resources, conditions of guarantee for enforcement of law, ordinance after being passed by the National Assembly, the Standing Committee of the National Assembly.
2. Preparing the proposed record of building the law, the ordinance under regulation at Article 37 of this Law.
3. The organization takes on the opinion of the agencies, organizations, individuals involved in the proposal to build law, ordinance; synthesis, research, process, access to the comments.
4. For the proposal to build the law, the ordinance not by the Government, the agency, the delegate, the National Assembly proposed to build the law, the ordinance is also responsible for the government's opinion and the study, which continues the Government's opinion.
What? 35. Evaluation of policy impact on the proposed law building, ordinance.
1. The agency, the organization responsible for conducting the impact assessment of each policy in the proposal to build the law, the ordinance. The Congress delegate itself or requires the authority to proceed to assess the impact of each policy in the proposal to build the law, the ordinance.
During the drafting process, the appraisal, the appraisal, review, for the opinion on the bill of law, the ordinance, if there is a proposed new policy, the law proposes that the policy is responsible for assessing the impact of the policy.
2. Content assessment of the impact of each policy in the proposed building of law, the ordinance must be clear: the issue needs to resolve; the goal of policy; the solution to implement policy; the positive, negative impact of policy; cost, the benefit of the policies. solution; compare the cost, the benefits of the solutions; the solution choice of the agency, the organization and the rationing of the choice; to strike, the price of administrative procedures; the impact on the gender (if any).
3. Agency, organization, delegate to Congress when assessing the impact of the policy in the proposed construction of the law, the ordinance responsible for research, drafting the draft of the impact assessment report; take the comments, protest the draft report; continue, adjust the project. Report the report.
4. The government regulates this.
What? 36. Take the opinion on the proposal to build law, ordinance
1. The Agency, the organization, the delegate of the National Assembly proposed to build the law, the ordinance that is responsible for the following:
a) Subscription of the summup report, the report reviews the impact of the policy in the proposal to build the law, the ordinance on the National Assembly ' s Electronic Information Portal for the proposal to build law, the ordinance of the Standing Committee of the National Assembly, National Council, Committee of the Committee. Congress, the Congress delegate, the Government 's Electronic Information Portal on the proposal to build the law, the government' s ordinance, the agency ' s electronic information portal, the organization has a proposal to build the law, the ordinance. The posting time is at least 30 days;
b) Take the opinion of the Ministry of Finance, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Ministry of Justice and the agency, the relevant organization, subject to the direct impact of the policy and the solution implementation of the policy in the proposal to build the law, the ordinance. In the case of necessity, the organization meets to take opinions on the basic policies in the motion to build law, ordinance;
c) Overall, the study, the study, the reception of the comments comments; post the program report, the reception on the specified Electronic Information Portal at this paragraph.
2. In the 15-day period since the date received the recommended, agency, the organization is given the opinion of a written responsibility for the proposal to build law, ordinance; the Ministry of Finance is responsible for sending a review report on financial resources, the Ministry of Interior is responsible. The Office of Foreign Affairs, the Ministry of Foreign Affairs, is responsible for sending a review of the assessment of compatibility with the relevant international treaty that the Socialist Republic of Vietnam is a member, the Ministry of Justice responsible for sending assessment reports on the calculation. Constitutional, legitimacy, the unity of the proposal to build the law, the ordinance with the legal system to the agency, the organization, the Congress delegate. All right
What? 37. File proposal to build law, ordinance, petition text on law, law ordinance.
1. File to build the law, the ordinance includes:
a) The proposal for the construction of the law, the ordinance, which must be specified: the need to enact laws, the ordinance; the purposes, the point of building the law, the ordinance; the subject, the scope of regulation of the law, the ordinance; the goal, the content of the policy in the offer. building law, ordinance, solutions to implement the policy that has been selected and the reason of the choice; envisage the resources, the guarantee of the enforcement of law, the ordinance after being passed by the National Assembly, the Standing Committee of the National Assembly; The Congress of Congress, the Standing Committee of Congress, passed the bill, the ordinance.
b) The report evaluated the impact of the policy in the proposal to build law, ordinance;
c) The conclusion of the implementation of law enforcement or assessment of the status of social relations regarding the proposal to build the law, the ordinance;
d) The synthesis, the process, the reception of the Ministry of Finance, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Ministry of Justice and the opinion of the agencies, other organizations; the drawing of comments;
It's a bill of law, ordinance.
2. Text on the petition of the law, the ordinance must specify the need for an order, subject, scope of regulation, purpose, issued requirements, views, policies, the main content of the law, the ordinance.
What? 38. Responsible for the proposal to build the law, the ordinance submitted by the Government
1. For law projects, the government ordered by the Government, the government, or by the Prime Minister ' s assignment, is responsible for the proposal to build the law, the ordinance.
2. The ministry, the peer-to-peer authority to build the law, the ordinance that conducts regulatory activities at Article 34 of this Law.
What? 39. The judge recommended building legislation, ordinance submitted by the Government
1. The Ministry of Justice chaired, in coordination with the Ministry of Finance, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the agencies, the relevant organization that recommended the construction of the law, the ordinance before the Government in a 20-day period from the date of receiving enough filing proposals to build the law, Your orders.
2. The ministries, the peer-to-peer agency that proposed the construction of the law, the ordinance is responsible for sending the proposed filing to the Ministry of Justice for appraisal. The record includes the prescribed documents at paragraph 1 Article 37 of this Law.
The specified document at the point a and point b 1 Article 37 of this law is sent by the paper, the remaining documents are sent by electronic copy.
3. The appraisal content focuses on the following issues:
a) The necessity of the law of law, the ordinance, the subject, the scope of the law, the ordinance;
b) The suitcase of policy content with the path, the chairperson of the Party, the policy of the State;
c) Legitimacy, legality, the consistency of policy with the legal system and feasibility, predictability of policy content, solutions and conditions warranties of the expected policy implementation in the proposal to build law, ordinance;
d) The compatibility of the policy content in the proposal to build a text with the relevant international treaty that the Socialist Republic of Vietnam is a member;
The necessity, the necessity, the validity, the cost of compliance with the administrative procedures of the policy in the motion of the law, the ordinance, if the policy relates to the administrative procedure; the cage of equality of the gender equality in the motion to build the law, the ordinance, if necessary. policy concerning gender equality;
e) The compliance of the sequence, the procedure for the construction of the law, the ordinance.
4. The appraisal report must clarify the Department of Justice ' s comments on the regulatory content stipulated at paragraph 3 of this and the Ministry of Justice's opinion on the proposed legislation, the ordinance that is eligible or not qualified for the Government.
5. The appraisal report must be sent to the ministry, the peer-to-peer agency has set a motion to build the law, the slog ordinance is 10 days from the date of the end of the appraisal. The proposed body for the construction of the law, the ordinance responsible for the study, the process, the reception, the appraisal, the appraisal of the theorem, the ordinance, and the motion to build the law, the ordinance, and the report. Program, go on to the Justice Department when the government.
What? 40. The Government recommends building the law, the ordinance submitted by the Government
1. The ministry, the peer-to-peer authority to build the law, the ordinance that is responsible for the government's filing proposal for the construction of the law, the slog ordinance is 20 days before the government session.
2. The Government Plan Profile includes:
a) The document stipulated at 1 Article 37 of this Law;
b) The appraisal of the appraisal proposal for the construction of the law, the ordinance; the program report, the reception of the appraisal opinion;
c) Other documentation (if any).
The document stipulated at the point a and point b paragraph 1 Article 37 of this Law and this b point is sent by the paper, the remaining documents are sent by electronic copy.
What? 41. The government considers, through the motion to build law, the ordinance presented by the Government
The government held the session to review the proposals for the construction of the law, the ordinance according to the following sequence:
1. The representative, the peer-to-peer authority to build the law, the ordinance presenting the proposed program to build the law, the ordinance;
2. The Justice Department presents the appraisal report;
3. The agency representative, the organization attending the consultation session;
4. The government discusses and voting through the policy in each proposal to build the law, the ordinance. The policy was adopted when half the total number of government members expressed consent;
5. The government issued a resolution on the proposal to build the law, the ordinance with policies that have been adopted.
What? 42. Edit and submit the proposed law building, ordinance by the Government.
The ministry, the peer-to-peer agency, proposed the law, the presiding officer, in coordination with the relevant agencies to finer the proposed law, the ordinance on the basis of the government 's resolution and send the Ministry of Justice to set the Government' s proposal on the building program. the law, the ordinance.
What? 43. The Government ' s recommendation on the law building program, the ordinance.
1. The government proposed on the program to build the law, the ordinance of the Standing Committee of the National Assembly.
The Ministry of Justice has the responsibility to help the Government to make a proposal for the program to build the law, the ordinance on the basis of the proposed legislation, the ordinance was passed by the Government.
2. The government considers, discussing the proposal for the program to build the law, the ordinance according to the following sequence:
a) The Ministry of Justice represents the draft proposal for the program to build the law, the ordinance;
b) The agency, the organization invited to attend the consultation session;
c) The government discussed;
d) The government was voting through the proposal for the program to build the law, the ordinance. The Government's proposal for the program to build the law, the ordinance was passed when there were more than half of the total government members voting for approval.
What? 44. The government gives the opinion to the proposal to build law, the ordinance not by the Government and the petition for the law, the ordinance
1. For the proposal to build the law, the ordinance not by the Government and the petition of the law, the ordinance, before the Standing Committee of the National Assembly, the agency, the organization, the Congress of Congress sent records of a proposal for the construction of the law, the ordinance, the petition of the law, The ordinance stipulated at Article 37 of this law to the Government of the opinion.
The government is responsible for reviewing, responding in writing in the 30-day period from the date of receiving the recommended record, the petition text.
2. The Ministry of Justice presided over, in coordination with ministries, the peer-to-peer agency that prepared the Government's opinion on the proposal to build the law, the ordinance not submitted by the Government and the petition of the law, the ordinance to the Government to discuss.
3. The government considers, discussing the proposal to build the law, the ordinance that is not submitted by the Government and the petition for the law, the ordinance under the following order:
a) The Ministry of Justice presented the draft of the Government;
b) The agency, the organization invited to attend the consultation session;
c) The government discussed;
d) The Prime Minister concluded.
4. The Justice Department is responsible for adjusting the Government 's opinion bill on the basis of the Prime Minister' s conclusions, the Prime Minister considers, the decision.
What? 45. Responsibility and review, through a motion to build law, ordinance not submitted by the Government
1. Water President, Standing Committee of the National Assembly, National Council, Committee of the National Assembly, Chief Justice of the Supreme People 's Court, Supreme People' s Institute for Human Examination, State Auditor General, Chairman of the Central Committee of the Fatherland Front of Vietnam and the head of state The central authority of the member organization of the Front's members directed the proposal to build the law, the ordinance, the agency, the presiding officer.
2. The Agency, the assigned unit, proposed the construction of the law, the ordinance that conducts regulations on Article 34 of the Law.
For the proposal to build the law, the Supreme People 's Court' s ordinance, the Supreme People 's Examination Institute, the assigned unit was responsible for taking the opinion of the Supreme People' s Court of Judges, the Supreme People ' s Institute for Police Control. high before reporting the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Control.
3. The Standing Committee of the National Assembly, the National Council, the Committee of the National Assembly, the Central Committee of the National Front of Vietnam and the central body of the member organization of the Front held session to review, through the motion to build the law, the ordinance pursues. following:
a) Agency representative, the assigned unit of the motion to build the law, the ordinance presented by the proposal to build the law, the ordinance;
b) The Government representative issued an opinion on the proposal to build the law, the ordinance;
c) The agency representative, the other organization attending the consultation session;
d) The Standing Committee of the National Assembly, the National Council, the Committee of the National Assembly, the Central Committee of the Fatherland Front and the central body of the member organization of the Front of the Discussion and the vote through policy in the motion to build the law, the ordinance. The policy was adopted when half the total number of members of the Standing Committee of the National Assembly, the National Council, the Committee of the National Assembly, the Central Committee of the Vietnam Patriarchate and the central body of the member organization of the Front of the Voting Vote.
4. Water President, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for Human Examination, General Auditor General Review, through the motion to build the law, the ordinance follows the following sequence:
a) The agency, the assigned unit, proposed the construction of the law, the ordinance to report the President of the State, the Chief Justice of the Supreme People's Court, the Supreme People's Auditor General, the State Auditor General for the request to build the law, the ordinance;
b) The president of the country, the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute of Human Examination, the State Auditor General review, decides the proposed presentation of the law, the ordinance.
5. Deputies himself or offer the authority to have the authority to assist in order to make a proposal for the construction of the law, the ordinance; the case of the proposed agency that has the authority to assist, the Congress considers, deciding whether the proposal to build the law, the ordinance follows. The following sequence:
a) The National Defense Assistance Agency proposed the construction of the law, the ordinance to report the National Assembly on the proposal to build the law, the ordinance;
b) The Congress of Congress review, the decision to submit the proposal for the construction of the law, the ordinance.
What? 46. The deadline and file offer to build law, ordinance, petition on law, ordinance.
1. Slowly on March 1 of the previous year, the offer to build law, ordinance, petition to the law, the ordinance must be sent to the Standing Committee of the National Assembly to set up a program to build legislation, ordinance, at the same time being sent to the Law Commission of Congress for questioning.
2. The proposed record for the construction of the law, the ordinance, the petition text of the law, the ordinance of the delegate of the National Assembly is sent to the Standing Committee of the National Assembly by the following regulations:
a) For the Government 's offer on the program to build law, ordinance, records of the Government' s sheet; envisage the program and the electronic copy of the prescribed documents at 1 Article 37 of this Law;
b) For the proposal to build the law, the ordinance of the agency, the other organization, the delegate of the National Assembly, the filing of the specified document at the point a 1 Article 37 of this Law and the Government's opinion on the proposal to build the law, the ordinance, and the electronic copy of the documents There are rules in Article 37 of this Law.
For the petition of the law, the ordinance of the delegate of the National Assembly, the document includes the text of the petition of the law, the ordinance, and the Government's opinion on the petition of the law, the ordinance.
What? 47. The jury recommended construction of law, ordinance, petition on law, ordinance.
1. The Joint Committee of the Law gathered and presided over the inquiry into the program to build the law, the ordinance of the agency, the organization, the Congress delegate and the petition of the law, the ordinance of the delegate of the National Assembly.
The content of the examination focuses on the necessity of the board, scope, subject of regulation, basic policy of writing, consistency, feasibility, order of preference, time of presentation, assurance conditions for building and implementation of the text.
2. The National Council, the Committee of the National Assembly, is responsible for coordinating with the Law Commission in questioning the proposal to build law, ordinance, petition on law, ordinance and comment on the necessity of the board, the policy of the text, the order of preference. The law project, the ordinance of the field, is in charge.
What? 48. Planning a program to build the law, the ordinance.
1. The Standing Committee of the National Assembly review the proposal for the construction of the law, the ordinance, the petition of the law, the ordinance under the following order:
a) The Government representative presented the Government's proposal to the program to build the law, the ordinance; the opinion on the proposal to build the law, the ordinance not submitted by the Government, the petition of the law, the ordinance.
Agency representatives, other organizations, representatives of the National Assembly may be invited to comment on the proposal for the construction of the law, the ordinance, the petition of the law, the ordinance.
b) Representative to the Commission for the presentation of the appraisal report;
c) The representative attended the consultation session;
d) Standing Committee of Congress, discussion;
Representative of the government, representative representatives, other organizations, the Congress of Congress recommended to build the law, the ordinance, the petition of the law, the ordinance of presenting the addition of the issues raised at the session;
e) The chair of the session concludes.
2.Base at the request for the construction of the law, the authority of the agency, the organization, the delegate of Congress, the petition of the law, the ordinance of the deputies of the National Assembly, the opinion of the jury, the Standing Committee of the National Assembly set up a bill to build the law, the ordinance. Congressional review, decision.
The file plans for the construction of the law, the ordinance of the bill, and the draft of the National Assembly's resolution on the program to build the law, the ordinance, and the provisions of the prescribed record at paragraph 2 Article 46 of the Law. Planning to build the law, the ordinance must be posted on the Electronic Information Portal of the National Assembly.
3. The presiding law committee, in coordination with relevant agencies that help the Standing Committee of the National Assembly to envisage the bill to build the law, the ordinance.
What? 49. Viewer, through predicting the program to build the law, ordinance.
1. Congress review, through predicting the program to build the law, ordinance pursuant to the following sequence:
a) The Standing Committee of the Standing Committee of the National Assembly presented the bill on the initiative of the program to build the law, the ordinance;
b) Congress discussed at the plenum session on the plan to build the law, the ordinance. Before the discussion at the plenum session, which envisaged the program to build the law, the ordinance could be discussed at the National Assembly.
c) After envisage the program to build the law, the ordinance is discussed by Congress, for opinion, the Standing Committee of the National Assembly to direct the presiding law committee, in coordination with the representative government and agency, the organization involved in research, the process, the reception, rationing Congress resolution on the program to build law, ordinance and build process reports, take on, adjust the draft resolution;
d) The Standing Committee of the National Assembly reports Congress on the process of the dissolution, the reception, the draft of the National Assembly resolution on the program to build the law, the ordinance;
The Congress is voting through the Congressional resolution of the law building program, the ordinance.
2. Resolution on the program to build the law, the ordinance must specify the name of the bill, the ordinance, and the expected time of the National Assembly, the Standing Committee of the National Assembly, through that project.
What? 50. Deploy the program to build the law, ordinance
1. The Standing Committee of the National Assembly is responsible for directing and deploying the implementation of the law building program, the ordinance through the following activities:
a) the agency, the organization, the delegate of the National Assembly project, the ordinance, the draft resolution; the presiding officer, the body involved in the investigation of the bill, the ordinance, the draft resolution.
In the case of the Standing Committee of the National Assembly to submit the bill, the National Assembly's draft resolution, the National Assembly decides to investigate or form the Provisional Committee to investigate.
In the case of the National Council, the Committee of the National Assembly presented the bill, the ordinance, the draft resolution, the Standing Committee of the National Assembly decided the authority to investigate;
b) The establishment of the drafting committee for the law, the ordinance, the draft resolution under the regulation at paragraph 1 Article 52 of this Law;
c) The decision to progress the construction of the bill, the ordinance and the specific measures to ensure the implementation of the law-building program, the ordinance.
2. The law committee is responsible for assisting the Standing Committee of the National Assembly in organizing the implementation of the implementation of the law-building program, the ordinance.
3. The Ministry of Justice is responsible for envisage the drafting of the presiding officer, the coordinating body drafted to the Prime Minister to decide and help the Prime Minister of the Government to draft law, ordinance, and resolution projects by the Government.
What? 51. regulate the law building program, ordinance
1. The Standing Committee of the National Assembly on its own or on the recommendation of the agency, the organization, the delegate of the National Assembly to project the law, the ordinance that decides to adjust the program to build the law, the ordinance in the following cases:
a) Taking out of the program of law projects, the ordinance is not required to enact due to changes in the economic situation-society or the timing adjustment in the case required;
b) Additional on the program of law projects, ordinance to meet the requirements of economic development-social development, defence, security, network property, property of the People; law projects, ordinance required to be amended in accordance with new texts issued to protect. to assume the unity of the legal system or to implement the international treaty that the Socialist Republic of Vietnam is a member.
The addition to the program is done in accordance with Articles 32 to Article 42, Articles 44, 45, 47, and paragraph 1 Article 48 of this Law.
2. The Standing Committee of the National Assembly is responsible for reporting the National Assembly at the most recent briefing on the regulation of the law-building program, the ordinance.
Item 2
DRAFTING THE LAW, THE ORDINANCE, THE RESOLUTION
What? 52. The establishment of the drafting committee and body division of the presiding officer drafting legislation, the resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly
1. The Standing Committee of the National Assembly established You to draft and distribute the presiding body of drafting in the following circumstances:
a) Project of law, ordinance, draft resolution that has content related to many disciplines, many sectors;
b) The bill, draft resolution submitted by the Standing Committee of the National Assembly;
c) The law, ordinance, draft resolution proposed by the representative of the National Assembly, into the drafting committee is determined by the Standing Committee of the National Assembly at the request of the National Assembly.
2. The law, ordinance, draft resolution proposed by the Government, the Prime Minister assigned to a ministry or agency across the drafting chair, the body assigned to the drafting of the drafting committee, except for the case of regulation at the point. That's one thing.
3. The law bill, the ordinance, the draft resolution due to the other organ, the organization, the organization is responsible for the creation of the drafting committee and presiding over the drafting committee, except for the specified case at the point of one Article.
1. The drafting committee consists of the Head of the Department as head of the agency, the presiding organization of drafting and other members is the agency's representative, the organization presiding over the drafting, agency, the relevant organization, the experts, the scientists. For you to draft the bill, the ordinance, the draft resolution submitted by the Government, the drafting committee must have members representing the leadership of the Ministry of Justice and the Office of Government. The drafting committee must have at least nine people.
2. The drafting committee member is the expert, the scientist must be the one who understands the expertise issues related to the project, the draft, and has the full participation in the activities of the drafting committee.
What? 54. The mission of the drafting Board, Chief Editor, member of the drafting Board
1. The drafting committee is responsible for organizing the drafting and responsibility of the quality, the drafting of the draft law, the ordinance, the draft resolution before the agency, the presiding organization presiding.
2. The drafting committee has the following tasks:
a) Consider, through a matter of detail, draft law, ordinance, resolution;
b) Discusses the content of the draft text, the program, the process content, the reception of the opinion of the agency, the organization, the individual;
c) Make sure that the provisions of the draft are consistent with the subject, the path of the Party, to ensure the constitualization, legitimacy, consistency of the draft with the legal system; ensure the feasibility of the text.
3. The Chief Editor has the following duties:
a) The establishment of the Editorial Foundation for the drafting of the drafting committee and the direction of the Editorial Editor, and the editing of the draft text;
b) The organization of the meetings and other activities of the drafting board;
c) Specific assignments for the members of the drafting committee.
4. Member of the drafting Board tasked with full participation in the General Board meetings, responsible for the quality, legalization, legitimacy, consistency, feasibility of the content assigned in the draft text and the progress of construction and development of the project. The draft text; the case for objectiable reasons that is not attended is required by writing.
What? 55. The agency ' s mission, the organization presiding over the law, ordinance, resolution
1. The organization for the construction of the bill, the ordinance, the draft resolution pursuant to the purpose, the request, the scope of adjustment, the policy was built in the filing of the proposed legislation, the ordinance; the responsibility of the quality, the drafting of the bill, the ordinance, the ordinance, draft resolution in front of the agency, the project organization, the draft.
2. Preparing the draft, the sheet and the documents related to the project, the draft.
3. The organization takes the opinion of the agencies, organizations, individuals with regard to the project, draft and registration of the project, the draft on the regulatory electronic portal at the point a 1 Article 36 of this Law and of the agency, the organization presiding over drafting; aggregates and research, The program, the reception of the comments, submitted the comments; the logging, reception, and draft text report was corrected on the regulatory electronic portal at the point a 1 Article 36 of this Law and of the agency, the presiding organization.
4. Research, which continues the intent of appraisal or opinion of the Government ' s involvement in the project, the draft is not submitted by the Government.
5. Preparing to report a program on emerging policies that need to be added to the project, the draft to the agency, the organization, the Congress delegate to the judge, the decision.
6. Expected the content to be assigned in detail in the draft law, ordinance, resolution; petition for the allocation of the presiding officer drafting the detailed text of the provisions, paragraph, point of the draft law, the ordinance, the resolution.
7. For the project, the draft due to the Standing Committee of the National Assembly and the project, the draft by the Congress itself drafted by the National Assembly, the body was drafted by the National Assembly, the Congress delegate responsible for reporting the progress of drafting with the Committee. I mean, the Congress.
For the project, the draft was submitted by the Government, the peer-to-peer agency was tasked with reporting the responsibility for reporting the progress of drafting with the Ministry of Justice to synthesize, report the Government.
In the course of the process, the draft of the bill, the ordinance, the resolution, if there was a major change in policy than the policy was passed by the Government, the executive editor was responsible promptly to report the Government, the Prime Minister. The government considers it, decided.
What? 56. The mission of the agency, the organization, the delegate of the National Assembly project, the ordinance, the draft resolution
1. The Agency, the organization, the delegate of the National Assembly for the bill, the ordinance, the draft resolution has the following tasks:
a) The presiding officer for the drafting of the project, the draft during the drafting process.
For the project, the draft was drafted by the Congress itself, and the delegate could recommend the Office of the National Assembly, the Office of the National Assembly, the Legislative Research Institute, the agency, the relevant organization in the process of drafting.
b) Consider, decide whether the National Assembly, the Standing Committee of the National Assembly projects, the draft; the special case that has not submitted the project, the draft in the right progress, must promptly report the Standing Committee of the National Assembly to review, decide, and specify the reason.
2. The case of the law project, the ordinance, the draft resolution was not due to the government, but it was 40 days before the opening day of the session of the Standing Committee of the National Assembly, the agency, the organization, the delegate of the National Assembly, the bill, the ordinance, the draft resolution. to the project's project, the draft to the Government to the Government for the opinion.
What? 57. Take an opinion on the law project, ordinance, draft resolution
1. During the drafting of the text, the agency, the organization, the Congress of Congress presiding over the drafting of the object subject to the direct impact of the text and the agency, the organization involved; stating the problems that need to apply for each object to the subject. opinion and determination, the address of the address to the opinion; to register the entire draft text and the paper on the regulatory electronic portal at the point a 1 Article 36 of this Law and of the agency, the organization presiding over a period of at least 60 days, Except those were issued in sequence, procedures, for agencies, organizations, individuals, and ants. During the draft time it is being taken, if the editor ' s editor reedits the draft of the text which is different from the previously posted draft, the draft text must be reposted.
In the case of written opinion, the agency, the organization is given the opinion that is responsible for responding in writing to a 20-day period since the date received the recommended offer.
2. In addition to the registration for a prescribed opinion at this 1 Article, it is possible to take the initiative to pass a form of direct opinion, submit a draft offer to comment, organize workshops, coordinates, through mass media.
3. The agency, the organization that chairs the drafting of aggregates, research, internals the comments and posts of the content of the program, internals on the Government 's Electronic Information Portal and the agency' s electronic information portal, which organizes itself so that the People know.
4. For the project, the draft by the delegate of the National Assembly, the Office of the National Assembly, the Congressional Office of the National Assembly, the Institute for Legislative Research is responsible for organizing the opinion under the regulation at this.
What? 58. Judge of the bill, ordinance, draft resolution submitted by the Government
1. The Ministry of Justice is responsible for the appraisal of the bill, the ordinance, the draft resolution before the Government.
For the project, the draft had complex content, involving a variety of disciplines, many sectors or by the Ministry of Justice that chaired the drafting committee, the Minister of Justice established the appraisal council, which included representatives of the agencies, relevant organizations, experts, journalists and journalists. Science.
2. The filing for the appraisal includes:
a) The Government program on the project, the draft;
b) The draft text;
c) The assessment of the administrative procedure in the project, the draft text, if in the project, the draft text has the regulation of administrative procedures;
d) The report on the cage of gender equality problem in the project, the draft, if in the project, the draft has rules concerning gender equality issues;
The synthesis, the process, the reception, the comments, the opinions of the ministries, the peer-to-peer basis.
e) Other documentation (if any).
The specified document at the point a and this b point is sent by the paper, the remaining documents are sent by electronic.
3. The appraisal content focuses on the following issues:
a) The suitcase of the text draft content with the purpose, the request, the scope of adjustment, the policy in the proposal to build the law, the ordinance was passed;
b) Legitimacy, legitimacy, consistency of the draft text with the legal system; the compatibility with the relevant international convention that the Socialist Republic of Vietnam is a member;
c) The necessity, rationing and cost of compliance with administrative procedures in the draft text, if in the draft text of the administrative procedure rules;
d) The assurance of human resources, financial resources to ensure the implementation of the copyright law;
The cage of gender equality in the draft text, if the draft text has rules concerning gender equality;
e) Language, technique, and sequence, text drafting procedure.
In the case of necessity, the appraisal agency asks the presiding officer to draft a report on the issues related to the project content, the draft.
4. The appraisal report must clarify the opinion of the appraisal agency on the regulatory content stipulated at paragraph 3 This and the opinion of the project, the draft qualified or not enough of the Government presented. In the case of the Justice Department that concluded the project, the draft was not enough for the Government to return the case to the drafting authorities to continue to correct, complete the project, the draft.
The appraisal report must be sent to the slog redaction master body of 20 days from the date of receiving enough of the appraisal records.
5. The drafting holder is responsible for the research, the process, which continues the appraisal of the appraisal, the project completion, the draft, and the simultaneously sending the subsequent program report accompanying the draft text that was corrected to the appraisal agency when the presentation. The government projects the law, the ordinance, the draft resolution.
What? 59. Case of law project, ordinance, draft government decision.
1. The Government Papers on the project, the draft.
2. Text Draft,
3. appraisal report; report to the reception of the appraisal.
4. The assessment of the administrative procedure in the project, the draft, if in the project, the draft has administrative procedures.
5. Report on the cage of gender equality problem in the project, the draft, if in the project, the draft has rules regarding gender equality issues.
6. The compilation, the process, the reception comes.
7. Other Document (if available).
The document stipulated at 1, 2, and 3 This is sent by the paper, the remaining documents are sent in an electronic copy.
What? 60. Edit, complete law project, ordinance, draft resolution before the Government menu is completed.
In the case of differing opinions between ministries, the peer-to-project agency, the draft resolution, the Minister, Chairman of the Government Office convened the meeting of the presiding officer leadership, the Ministry of Justice, the ministries, the peer-to-peer agency. relevant to unify the opinion before the Government review, the decision. Based on the idea at this meeting, the presiding officer drafted in coordination with the relevant agencies to continue to adjust, complete the project, the draft to the Government.
What? 61. The government considers, deciding on the presentation of the law, ordinance, draft resolution
1. The government considers, collective discussion, a majority vote to decide on the project, the draft at the Government session on the order, the following procedure:
a) The presiding agency that drafted presentations on the project, the draft; the process, the reception of the appraisal agency;
b) The appraisal of the appraisal agency speaking the opinion of the presiding body drafting the process, the reception of the appraisal opinion;
d) The Office of Government Office presented matters of different opinions on the project, the draft.
d) The government discussed;
The government is voting on the project, the draft.
2. In case the Government did not pass the project, the draft then the Prime Minister set the time to review the project, the draft.
What? 62. The government for opinion on the Bill of Law, ordinance, draft resolution is not submitted by the Government
1. For the bill of law, the ordinance, the draft resolution not due to the Government, then before the Congress, the Standing Committee of the National Assembly, the agency, the organization, the delegate of the National Assembly project, the ordinance, the draft resolution must submit the following documents to Government for the opinion:
a) The National Assembly, the Standing Committee of the National Assembly on the Project, the draft;
b) The draft text;
c) The synthesis, the process, the reception of the comments; the drawing of comments;
d) Other documentation (if any).
The specified document at the point a and this b point is sent by the paper, the remaining documents are sent by electronic.
2. The government is in charge of review, written in writing for a 20-day period since the date of receiving the proposed record and showing the Government's opinions on the project, the draft qualified, or not eligible for the National Assembly, the Standing Committee of the National Assembly.
3. The ministry, the peer-to-peer agency to be prepared by the Prime Minister, presided over in coordination with the Ministry of Justice envisage the content needed for the opinion, the Government review, the decision.
Section 3
JUDGE THE BILL, THE ORDINANCE, THE DRAFT RESOLUTION.
What? 63. Judges of the National Council and the Committee of Congress on the bill of law, ordinance, draft resolution draft
1. The project, pre-draft of the National Assembly, the Standing Committee of the National Assembly deliberated, for the opinion that must be questioned by the National Council, the Committee of the National Assembly of Appeals (later known as the body of the deliberation).
The National Council, the Committee of the National Assembly, is responsible for presiding over the project, which is in charge of the sector due to its charge and the project, the other draft by the National Assembly, the Standing Committee of the National Assembly, to investigate the project, the draft by the other body of the National Assembly. The jury followed the assignment of the Standing Committee of the National Assembly.
2. The presiding officer is responsible for inviting Permanent Representative to the Law Commission, Standing Committee on the Committee on Social Affairs and other agency representatives assigned to participate in the appraisal session to give comments on the contents of the case. project, the draft in relation to the field by which the agency is in charge and the other issues that are part of the project ' s content, the draft.
3. The presiding officer may invite the agency, the relevant organization, the experts, the scientists and the subjects who are subject to the direct impact of the text attending the meeting due to its organization to give an opinion on the issues related to the matter. to the content of the project, the draft.
4. The appraisal agency has the right to ask for the agency, the organization, the delegate of the project, the draft report, the program, the provision of information, documentation on matters relating to the content of the project, the draft; or the same agency, the presiding organization. Together with the discussion of the project, the project is about the subject matter of the project.
The agency, the organization, the individual is required to have the responsibility to provide information, document, and meet the other requirements of the appraisal agency.
What? 64. Records and deadline filing a bill of law, ordinance, draft resolution to judge.
1. The project record, the draft for the inquiry included:
a) The National Assembly, the Standing Committee of the National Assembly on the Project, the draft;
b) The draft text;
c) The appraisal report on the project, the draft by the Government; the Government's opinion on the project, the draft was not submitted by the Government; the aggregation, the reception of the reception of the opinion; the drawing of opinions;
d) The implementation of the implementation of law enforcement, assessment of the status of social relations with regard to the main content of the project, the draft; the report reviews the impact of the policy in the project, the draft;
) Report on the cage of gender equality in the project, the draft, if in the project, the draft has rules concerning gender equality;
e) Proposition of detailed documentation and other documentation (if available).
The specified document at the point a and this b point is sent by the paper, the remaining documents are sent by electronic.
2. For the project, the Standing Committee of the National Assembly, which is as slow as 20 days before the start of the session of the Standing Committee of Congress, the agency, the organization, the delegate of the National Assembly, the bill must send a prescribed profile at one Article to the agency. Presiding over the investigation, the Law Commission, the Committee on Social Affairs and other agencies to take part in the interrogation to conduct the interrogation.
For the project, the congressional draft would be as slow as 30 days before the opening day of the National Assembly, the agency, the organization, the representatives of the National Assembly, the bill, to send a prescribed profile at one Article to the presiding officer, the law committee, the committee. It is about social and other agencies to take part in the interrogation.
3. The appraisal agency is not available to the project, the draft when there is not enough documents in the file or the filing is not correct in accordance with the provisions at paragraph 1 and paragraph 2 This.
What? 65. The content of the investigation of the bill, the ordinance, the draft resolution
The interrogation content focuses on the following issues:
1. The scope, object adjustment object;
2. The content of the draft text and the issues with differing opinions; the delivery and preparation of the detailed regulation text (if any);
3. The suitcase of the draft text with the advocated, the party ' s path; legitimacy, legitimacy, the unity of the draft text with the legal system; the compatibility with the relevant international convention that the Socialist Republic of Vietnam has to offer. He is a member.
4. The feasibility of the regulations in the draft text;
5. The guarantee condition of human resources, finance to secure the implementation of the law of law;
6. The cage of gender equality problem in the draft text, if the draft text has rules concerning gender equality issues;
7. Language, engineering and sequence, text drafting procedure.
In the case of necessity, the authority of the appraisal requires the project of the project, the draft report on matters relating to the project content, the draft.
What? 66. The method of questioning the bill, the ordinance, the draft resolution
1. The presiding officer must hold a plenum session for the appraisal; for the project, the draft committee of the Standing Committee of the National Assembly for opinions before the National Assembly may hold the Permanent Session of the National Council, Permanent Commission to Investigate. preliminary.
2. The presiding officer is responsible for inviting the body to participate in the appellate or the Permanent Service involved in the appraisal session.
What? 67. The report of the investigation of the bill, the ordinance, the draft resolution
1. The appellate report must clarify the view of the appraisal agency on matters of inquiry content specified in Article 65 of this Law, which proposes that the content should be modified, complemated.
2. The appraisal report must reflect the full opinion of the member of the presiding officer, the opinion of the agency to investigate the project, the draft; on the project, the draft enough, or not enough to submit to the Standing Committee of the National Assembly, Congress.
In the case of the presiding officer's opinion of the project, the draft was not yet qualified for the National Assembly, and Congress reported that the Standing Committee of the National Assembly reviewed the report's return to the project's database, the draft for further orthopecism. project, draft.
What? 68. The responsibility of the Constitutional Commission in the appraisal of assuring legitimacy, the legitimacy and consistency of the bill of law, the ordinance, the draft resolution with the legal system.
1. The law committee is responsible for the participation of the project's inquiry, the draft by the other body of the National Assembly presiding over the investigation to ensure the calculation, legalization, legitimacy and unity of the project, draft with the legal system.
2. The law committee organizes the Permanent Session of the Committee or the plenum session of the Committee to prepare the consultation to join the inquiry and to delegate the committee to attend the inquiry session of the presiding officer.
3. The appellate content to secure the constitualization, the legitimacy and consistency of the project, the draft with the legal system including:
a) The suitcases of regulation in the draft law, the resolution of the National Assembly with the provisions of the Constitution; the suitcases of regulation in the draft ordinance, the resolution of the Standing Committee of the National Assembly with the Constitution, the law, the resolution of the National Assembly;
b) The unity of the content between regulation in draft law, the resolution of the National Assembly with the law, the resolution of the National Assembly; between the regulation in the draft ordinance, the resolution of the Standing Committee of the National Assembly with the ordinance, the resolution of the Standing Committee of the National Assembly the assembly; between the rules of the draft law, the ordinance, the resolution; the unity of the writing technique.
What? 69. The committee ' s responsibility for social issues in the investigation of the cage of gender equality in the bill of law, ordinance, draft resolution of the resolution.
1. The Committee on Social Affairs is responsible for the participation of the project's inquiry, the draft by another of the National Assembly presiding over the investigation to ensure that the cage of the gender equality problem when the project, the draft has the stipulation regarding gender equality.
2. The Committee on Social Affairs organizes the Permanent Session of the Committee or the plenum session of the Committee to prepare the consultation to join the inquiry and to delegate the committee to attend the inquiry session of the presiding officer.
3. The content of questioning the cage of gender equality includes:
a) The identification of the gender problem in the project, the draft;
b) The guarantee of the fundamental principles of gender equality in the project, the draft;
c) The adhering of the order, the procedure to evaluate the cage of gender equality in the project, the draft;
d) The feasibility of the regulations in the project, the draft to ensure gender equality.
Section 4
THE REGULAR COMMITTEE CONSIDERS, FOR THE OPINION.
ON THE BILL OF LAW, THE CONGRESS ' S DRAFT RESOLUTION
What? 70. The deadline for sending documents to the Standing Committee of the National Assembly review, for opinion on the bill bill, draft Congress resolution.
At least 7 days before the day of the start of the session of the Standing Committee of the National Assembly, the agency, the organization, the delegate of the National Assembly, the National Assembly's draft of the resolution must send a prescribed file at paragraph 1 Article 64 of this Law to the Standing Committee of the National Assembly. For your opinion.
The draft text, the paper and the inquiry report on the project, the draft was posted on the National Assembly ' s Electronic Information Portal.
What? 71. The Committee on the Standing Committee of Congress review, for the opinion on the bill, draft congressional resolution.
1. Depending on the nature and content of the bill, draft the resolution of the National Assembly, the Standing Committee of the National Assembly may review, for the opinion once or repeatedly.
2. The Standing Committee of the National Assembly review, for the opinion according to the following sequence:
a) Agency representative, organization, representative of the National Assembly of the project, draft presentations on the basic content of the project, the draft.
The Government representative issued an opinion on the project, the draft was not submitted by the Government;
b) The body representative of the presiding judge presented the inquiry report, petit the issues presented to the National Assembly to focus the discussion;
c) The agency, the organization, the individual attending the consultation session;
d) The Standing Committee of the National Assembly discussed;
The chairman of the session concludes.
What? 72. Continue, adjust the bill project, draft congressional resolution in the opinion of the Standing Committee of the National Assembly.
1. On the basis of the opinion of the Standing Committee of the National Assembly, the agency, the organization, the delegate of the National Assembly project, the draft resolution is responsible for the research, the acquisition to correct the project, the draft.
For the project, the draft was submitted by the Government of the Government of the Government of the Government to coordinate with the Ministry of Justice in coordination with the Ministry of Justice of the research, the procurement to correct the project, the draft, except the case to report the Prime Minister's consideration, the decision.
2. In the case of the agency, the organization, the delegate of the National Assembly to project the law, the draft resolution is different from the opinion of the Standing Committee of the National Assembly, the Congressional review, the decision.
Section 5
DISCUSSION, RECEPTION, EDITING AND PASSAGE OF THE LAW PROJECT,
ORDINANCE, DRAFT RESOLUTION
What? 73. Review, through the bill of law, ordinance, draft resolution draft
1. Congress review, through the bill of law, draft resolutions at one or two National Assembly meetings; the case of a large law project, many things, complex properties, the Congress can review, through at three sessions.
At the very least 20 days before the opening day of the National Assembly, the project's project, the congressional draft must be sent to Congress delegates.
2. The Standing Committee of the National Assembly review, through the ordinance of the ordinance, draft resolutions at one or two sessions of the Standing Committee of the National Assembly.
The delay was 20 days prior to the start of the National Assembly Standing Committee session, project records, which had to be sent to members of the Standing Committee of the National Assembly.
3. The project profile, the congressional draft, the Standing Committee of the National Assembly includes the prescribed documents at paragraph 1 Article 64 of this Law and the report of the inquiry into the project, the draft.
The paper, the draft text and the inquiry report on the project, the draft was sent by the paper, the remaining documents were sent by electronic copies.
What? 74. The review sequence, through the law project, draft resolution at a congressional session.
Congress considers, through the bill of law, draft resolution at a congressional session according to the following sequence:
1. Agency representative, organization, representative of the National Assembly of the project, the draft presentation of the project, the draft;
2. The body representative presiding over the appraisal report report;
3. Congress deliberated at a plenum session on basic content, big issues with different opinions of the project, the draft. Before the discussion at the plenum session, the project, the draft could be discussed at the National Assembly.
4. During the discussion, the agency ' s representative, the organization, the delegate of the project, the draft of the program on matters concerning the project, the draft that the Congress delegate states;
5. For matters of importance, the major issues of the project, the draft also has a different opinion, the Congress conducts voting on the recommendation of the Standing Committee of the National Assembly.
The body presiding over the presiding officer, coordinating with the agency, the organization, the delegate of the project, the draft, the Secretary-General of the National Assembly and the agency, the relevant organization that helped the Standing Committee of the National Assembly envisage important matters, the major issues of the project, the project. And there ' s a different idea for Congress to vote;
6. After the project, the draft was discussed by Congress delegates, for the opinion, the Standing Committee of the National Assembly to direct, organize the research, process, process, process the draft in the following order:
a) The presiding officer of the presiding judge, in coordination with the agency, the organization, the delegate of the project, the legislative committee, the Ministry of Justice and the agency, the organization involved in research, the process, the program, the procurement, the draft, and the construction of the program report, the reception, adjust to the Standing Committee of the National Assembly;
b) As long as the 7 days prior to the National Day of Assembly voting, the draft was sent to the Permanent Commission of the Judiciary, the law for sweeping, the complete technical finalization of the text. Often on the chairperson of the presiding law, in coordination with the Permanent Authority of the presiding officer, the agency's representative, the organization, the delegate of the project, the draft organization, the project to organize the sweep to ensure the legitimacy, legitimacy and consistency of the draft with the system. the law of law;
7. The Standing Committee of the National Assembly reports Congress on the process, proceeds, and the draft.
The agency, the organization, the delegate of the National Assembly, the project, the project, the other idea or the government has other opinions on the project, the bill, the government, the government, the body, the organization, the Congress of Congress reports Congress to review it.
8. Congress voting through the draft. In the event of a different issue of opinion, the Congress vote on that issue at the request of the Standing Committee of the National Assembly before the vote passed.
9. The president of the National Assembly signs of law enforcement, the Congressional resolution.
In cases where the draft is not adopted or newly adopted, the Congress considers, deciding whether to submit or review, through the next session at the request of the Standing Committee of the National Assembly.
What? 75. The review sequence, through the law project, draft resolution at two congressional sessions.
Congress considers, through the bill of law, draft resolution at two sessions according to the following sequence:
1. At the first session:
a) Agency representative, organization, representative of the National Assembly of the project, the draft presentation of the project, the draft;
b) The body representative presiding over the inquiry presented the inquiry report;
c) Congress deliberated at the plenum session on the basic content, the issues with different opinions of the project, the draft. Prior to the discussion at the plenum session, the project, the draft could be discussed at the National Assembly.
In the process of deliberation, the agency representative, the organization, the delegate of the National Assembly, the project was responsible for accountability on the issues related to the project, the draft of the National Assembly.
d) For matters of importance, the major problems of the project, the draft had different opinions, the Congress took a vote on the recommendation of the Standing Committee of the National Assembly.
The body presiding over the presiding officer, coordinating with the agency, the organization, the delegate of the project, the draft, the Secretary-General of the National Assembly and the agency, the relevant organization that helped the Standing Committee of the National Assembly envisage important matters, the major issues of the project, the project. And there ' s a different idea for Congress to vote;
The Standing Committee of the National Assembly directed the General Secretary General of the National Assembly to sum up the idea of the National Assembly and the voting results as the basis for orthope;
2. During the time between the two National Assembly meetings, the Standing Committee of the National Assembly directed, organizing the study, the process, the reception, the draft correction following the following sequence:
a) Permanent body of the presiding officer, co-ordinated with the agency, the organization, the delegate of the project, the draft, the Permanent, Permanent Commission of the Law, the Ministry of Justice and the Agency, the organization involved in research, the process, the program, the reception, the draft, and the construction. setting up the draft report, the reception, the draft logic. The presiding officer who organizes the session involved with the involvement of the agency, the organization, the delegate of the project, the draft, the draft, the Law Commission, the Ministry of Justice and the Agency, the relevant organization to discuss the draft report, proceeds, corrections, and projects. The text was corrected;
b) The Standing Committee of the National Assembly review, discussing the draft report, proceeds, corrections, and the draft text were corrected; the agency case, the organization, the delegate of the project, the draft had another opinion with the opinion of the judge. in the course of the program, the reception, the draft itself, the agency, the organization, the delegate of the National Assembly, the project, the draft report, the Standing Committee of the National Assembly, the review, the decision.
c) The Standing Committee of the National Assembly sent the draft to have been corrected and reported, followed, drafted draft to the National Assembly, the Council of Nations, and the Committee of the Council of Congress, which was 45 days before the opening day of the meeting.
The Congress delegation, Standing Committee of the National Assembly, Permanent Council of the National Assembly was responsible for the organization of deliberation, which was to be held in the opinion and to submit a joint report of opinion to the slog presiding officer, 20 days before the opening day of the National Assembly.
d) The presiding officer summup the opinion of the parliamentary delegate, the delegation of the National Assembly, the National Council, and the Committee of the National Assembly to coordinate with the agency, the organization, the delegate of the project, the project, the research, the program, the program, the project, the project. draft and perfusing the program report, the reception, the draft of the Committee to the Standing Committee of the National Assembly;
3. At the second session:
a) Representative of the Standing Committee of the National Assembly presenting the report, the reception, the draft logic.
The agency, the organization, the delegate of the National Assembly, the project, the project, the other idea or the government has other opinions on the project, the bill, the government, the government, the body, the organization, the Congress of Congress reports Congress to review it.
b) Congress discusses the different opinions of the project, the draft;
c) The Standing Committee of the National Assembly directed, organizing the study, the process, the reception, the draft correction;
d) As late as the 7 days before the voting date, the draft was sent to the Permanent Commission of the law to scrutinate, complete the technical finalization. Often on the chairperson of the presiding law, in coordination with the Permanent Authority of the presiding officer, the agency's representative, the organization, the delegate of the project, the draft organization, the project to organize the sweep to ensure the legitimacy, legitimacy and consistency of the draft with the system. the law of law;
Congress is voting through the draft. In the event of a different issue of opinion, the Congress vote on that issue at the request of the Standing Committee of the National Assembly before the vote passed.
e) President of the National Assembly of law signs, the resolution of Congress.
In cases where the draft is not adopted or newly adopted, the Congress considers, deciding whether to submit or review, through the next session at the request of the Standing Committee of the National Assembly.
What? 76. Viewer of the review, through the law project at three congressional meetings
The Congress considers, through the law project at three sessions according to the following sequence:
1. At the first session, the review sequence, which discusses the proposed law project under the provisions at paragraph 1 Article 75 of the Law;
2. During the time between the first session and the second session of the National Assembly, the study, the process, the reception, the draft of the draft law was done according to the following sequence:
a) The Agency, the organization, the delegate of the National Assembly project the presiding law, in coordination with the presiding body of the appraisal, the Law Commission, the Ministry of Justice and the Agency, the organization involved in research, the process, the program, the procurement, the draft law, and the construction of the draft report. show, go back, adjust the bill;
b) The organization takes the People's opinion on the law project by the decision of the Standing Committee of the National Assembly (if any);
c) The presiding officer of the organization of the law project was corrected;
d) The Standing Committee of the National Assembly review, for the opinion of the theorem of draft law under the order stipulated at Article 71 of this Law. On the basis of the opinion of the Standing Committee of the National Assembly, the agency, the organization, the delegate of the National Assembly project the responsibility for the study, the acquisition to correct the draft law by regulation at Article 72 of this Law;
3. At the second session:
a) Agency representative, organization, representative of the National Assembly for the project to present the program report, the reception, the draft of the bill, the results for the People's opinion on the bill (if any);
b) The presiding body of the presiding judge presenting the report of the law project was corrected;
c) Congress discussed at the plenum session on the bill of law. Prior to the discussion at the plenum session, the bill could be discussed at the National Assembly.
In the process of deliberation, the agency ' s representative, the organization, the delegate of the National Assembly project the bill is responsible for the accountability of the issues relating to the project that the National Assembly states;
d) For matters of importance, the major issues of the law project have different opinions, the National Assembly took a vote on the recommendation of the Standing Committee of the National Assembly.
The body presiding over the presiding officer, in coordination with the agency, the organization, the Congress of the National Assembly, the Secretary-General of the National Assembly and the Agency, the relevant organization that helped the Standing Committee of Congress to envisage the various opinions of the proposed legislation. Congress is voting.
The Standing Committee of the National Assembly directed the General Secretary General of the National Assembly to sum up the idea of the National Assembly and the voting results as the basis for orthope;
4. During the time between the second session and the third session of the National Assembly, the Standing Committee of the National Assembly directed, organizing the study, the process, the reception, the draft of the draft law in accordance with the following sequence:
a) The presiding body of the presiding judge, in coordination with the agency, the organization, the delegate of the National Assembly project, the Law Commission, the Ministry of Justice and the Agency, the organization involved in research, the process, the program, the procurement, the draft law, and the construction of the draft report. -Yeah.-Yeah. The presiding officer who organizes the session with the involvement of the agency, the organization, the delegate of the National Assembly to project the law, the Law Commission, the Ministry of Justice and the Agency, the relevant organization to discuss the draft report, proceeds, corrections and the draft. the law has been corrected;
b) The Standing Committee of the National Assembly review, discussing the draft report, the reception, the correction, and the draft law were corrected; in the case of the agency, the organization, the delegate of the National Assembly project had other opinions with the opinion of the judge ' s agency. The process, the reception, the draft logic, the agency, the organization, the Congress of Congress, the Congressional Standing Committee, the Congressional Standing Committee review, the decision.
c) The Standing Committee of the National Assembly to submit the draft law was corrected and draft of the program report, the reception, the draft logic to the National Assembly, the National Council, and the Committee of the National Assembly was 45 days before the opening day of the meeting.
The Congress delegation, Standing Committee of the National Assembly, Permanent Council of the National Assembly was responsible for the organization of deliberation, which was to be held in the opinion and to submit a joint report of opinion to the slog presiding officer, 20 days before the opening day of the National Assembly.
d) The presiding officer summup the opinion of the parliamentary delegate, the delegation of the National Assembly, the National Council, and the Committee of the National Assembly to coordinate with the agency, the organization, the delegate of the National Assembly project the research law, the program, the reception, the draft. the law and the completion of the program report, the reception, the draft committee to the Standing Committee of the National Assembly.
5. At the third session, the review sequence, through the draft law implemented by regulation at paragraph 3 Article 75 of the Law.
In the event the draft bill has not been passed or passed in part, the Congress review, deciding on the recommendation of the Standing Committee of the National Assembly.
What? 77. Viewer, through the ordinance project, draft resolution of the Standing Committee of the National Assembly.
1. The Standing Committee of the National Assembly review, through the ordinance project, the draft resolution at a session according to the following sequence:
a) Agency representative, organization, representative of the National Assembly of the project, the draft presentation of the project, the draft;
b) The body representative presiding over the inquiry presented the inquiry report;
c) The agency, the organization, the individual invited to attend the consultation session;
d) The Standing Committee of the National Assembly to discuss, presiding over the session concluded;
Often, the body is directly chaired by the presiding officer, co-ordinated with the agency, the organization, the National Assembly of the project, the draft, the Standing Committee of the Law, the Ministry of Justice and the Agency, the organization involved in research, the process, the reception, the draft, the draft. The presiding officer who organizes the session involved with the involvement of the agency, the organization, the delegate of the project, the draft, the draft, the Law Commission, the Ministry of Justice and the Agency, the relevant organization to discuss the draft report, proceeds, corrections, and projects. The text was corrected;
e) As long as the 7 days before the voting date, the draft is sent to the Permanent Commission of the law to scrutinate, complete in terms of the writing of the text. Often on the chairperson of the presiding law, in coordination with the Permanent Authority of the presiding officer, the agency's representative, the organization, the delegate of the project, the draft organization, the project to organize the sweep to ensure the legitimacy, legitimacy and consistency of the draft with the system. the law of law;
g) The presiding body of the presiding officer reports the National Assembly Standing Committee on the process of the process, the reception, the draft correction.
The agency, the organization, the delegate of the National Assembly, the project, the project, the idea of another opinion or the government has other opinions on the project, the bill, the government, the government, the agency, the Congress, the congressional committee, the Congressional Standing Committee. decision;
h) The Standing Committee of the National Assembly is voting through the draft. In the case of a matter of differing opinions, the Standing Committee of the National Assembly addressed those issues at the request of the presiding officer before the vote.
i) Chairman of the National Assembly of the Ordinal Law, the resolution of the Standing Committee of the National Assembly.
2. The Standing Committee of the National Assembly review, through the ordinance project, the draft resolution at two sessions of the following sequence:
a) At the first session, the presentation and discussion are made in the sequence of regulation at points a, b, c and d 1 Article. The Committee often discusses the National Assembly, which deals with important issues, the major issues of the project, the draft, on the recommendation of the presiding officer, to serve as the basis for orthope;
b) During the time between the two sessions, the presiding body of the presiding judge, in coordination with the agency, the organization, the delegate of the project, the draft, the Standing Committee of the Law, the Ministry of Justice and the Agency, the organization involved in research, the process, the reception, rationing the draft under the direction of the Standing Committee of the National Assembly. The presiding officer who organizes the session involved with the involvement of the agency, the organization, the delegate of the project, the draft, the draft, the Law Commission, the Ministry of Justice and the Agency, the relevant organization to discuss the draft report, proceeds, corrections, and projects. The text was corrected;
c) As slow as the 5 days before the voting date, the draft is sent to the Permanent Commission of the law to scrutinate, complete in terms of text engineering. Often on the chairperson of the presiding law, in coordination with the Permanent Authority of the presiding officer, the agency's representative, the organization, the delegate of the project, the draft organization, the project to organize the sweep to ensure the legitimacy, legitimacy and consistency of the draft with the system. the law of law;
d) At the second session, the presiding body of the presiding officer reported the Congressional Standing Committee on the draft of the draft.
The agency, the organization, the delegate of the National Assembly, the project, the project, the idea of another opinion or the government has other opinions on the project, the bill, the government, the government, the agency, the Congress, the congressional committee, the Congressional Standing Committee. decision;
The Standing Committee of Congress is voting through the draft. In the event of a different issue of opinion, the Standing Committee of the National Assembly addressed the issue at the request of the presiding officer before the vote.
e) Chairman of the National Assembly of the Standing Committee, the resolution of the Standing Committee of the National Assembly.
What? 78. Case of law project, ordinance, draft of the Congressional decision, the Standing Committee of the National Assembly through
1. The program report, the reception, the draft logic.
2. The draft was corrected.
What? 79. Date of law, parliamentary resolution, ordinance, resolution of the Standing Committee of the National Assembly.
The day through the law, the resolution of the Congress, the ordinance, the resolution of the Standing Committee of the National Assembly is the National Day of Congress, the Standing Committee of the National Assembly to vote through the law, the ordinance, the resolution.
Section 6
THE LAW, THE ORDINANCE, THE RESOLUTION.
What? 80. Public law, ordinance, resolution
1. The president of the state announced the law, the slog ordinance is 15 days from the law day, the ordinance passed.
For the ordinance that was passed by the Standing Committee of the National Assembly by which the President recommended the Standing Committee of the National Assembly to review the provisions at 1 Article 88 of the Constitution, it was only 10 days after the ordinance was passed, the President sent it. text to the Standing Committee of the National Assembly requesting a review. The National Assembly has a responsibility to review the issues faced by the President at the latest session. After the order was given by the Standing Committee of the National Assembly, the President of the State announced a delay of 15 days from the date of the Standing Committee of the National Assembly. In the case of the president of the country still not unanimous, the Speaker of the National Assembly decides at the most recent session.
For the law, the ordinance was built, issued in accordance with the order, the procedure of abstrenation, the President of the state, the slog of law, the slog ordinance of 5 days from the date of the law, the ordinance passed.
2. The Secretary General of the National Assembly announces the resolution of the National Assembly, the resolution of the Standing Committee of the National Assembly for the first time is 15 days from the date of the resolution.
For the resolution to be constructed, the procedure was issued, and the Secretary-General of the National Assembly announced the final resolution of five days from the date of the resolution.
CONSTRUCTION, LAW ENFORCEMENT.
THE PRESIDENT OF THE COUNTRY.
What? 81. Construction, order, decision of the President of the Kingdom
1. The president of the country himself or at the suggestion of the Government, the Supreme People 's Court, the Supreme People' s Examination Institute decided the body to draft the draft order, the decision.
2. The presiding officer drafted the drafting of the command, the decision.
3. The president of the country may ask the presiding body to draft discussion on the important issues of the draft order, the President ' s decision.
4. Depending on the content of the draft order, the decision, the President decides to post the full-text posting on the electronic portal of the drafting chair agency. The draft of the draft order, the decision must guarantee a period of at least 60 days, except for the case of text issued in order, the procedure to be shortened, to the agencies, organizations, individuals to participate in the opinion.
5. The drafting presiding agency is responsible for the study to continue the opinions of the agencies, organizations, individuals to adjust the draft of the order, decide and report the President of the water.
6. The president of the state review, the sign of the executive order, the decision.
CONSTRUCTION, LAW ENFORCEMENT.
OF THE GOVERNMENT, THE PRIME MINISTER, THE MINISTER,
CHIEF AGENCY OFFICER
Item 1
CREATE A LIST OF RULES THAT GOVERN THE LAW,
RESOLUTION OF CONGRESS, ORDINANCE, RESOLUTION
OF THE REGULAR COMMITTEE OF CONGRESS, THE ORDER,
THE PRESIDENT ' S DECISION
What? 82. Accountability of a detailed regulatory text catalog
1. The Prime Minister will only direct the list of documents that govern the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President of the State, the Prime Minister, the Minister, the Chief Minister. I mean, you know, you know,
2. The list of detailed regulatory documents issued by the Prime Minister including the Government 's decree, the resolution of the joint government between the Government with the Presido of the Central Committee of the Vietnam Fatherland Front, the Prime Minister' s decision, the ministry ' s private. The head of the body, the head of the text, the base of the text, the base of the text, the primary content of the text, the time it was issued.
What? 83. The deployment of detailed text building details
1. The Ministry of Justice follows, the issuing of the promulgation of the rule of law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President of the state; the periodic and the annual government reports.
2. The minister, the leader of the peer-to-peer body responsible for construction, authorship issued by authority or agency authorship issued a document that rules the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, command, the decision of the President of the country in the list of detailed regulatory documents; periodically and yearly reports of progress, the issue of regulatory promulgation, details with the Ministry of Justice to monitor, the total report of the Government.
Item 2
CONSTRUCTION, PLANNING.
What? 84. Proposal to build a decree
1. The proposed construction of the decree is applied to the construction, issuing a decree stipulated at paragraph 2 and paragraph 3 Article 19 of the Law.
2. The ministry, the body equal to itself or at the direction of the Government, the Prime Minister, the petition of the agency, the organization, the individual preparing to propose the construction of the sphere of the sector, the field assigned to the Prime Minister consideration, decision.
3. Proposal for the construction of the decree built on the following bases:
a) The way, the chief of the party, the policy of the State;
b) The government ' s action program; the management requirements, the administration of the Government needs to adjust by decree;
c) Research results, general reasoning and practice;
d) Commends in the relevant international treaty that the Socialist Republic of Vietnam is a member.
What? 85. The agency ' s responsibility to build the decree
1. Total law enforcement, evaluation of existing law enforcement documents related to the recommendation to build a decree; survey, assess the status of social relations relating to the proposal for the construction of the decree.
In the case of necessity, the agency, the organization of the relevant organization, evaluated the implementation of the laws of the law of the field by the agency, and the organization was in charge of the proposed building proposal.
2. The Organization for Information Research, Justice, the International Convention that the Socialist Republic of Vietnam is a member of, which is relevant to the proposal for the construction of the decree. In the case of necessity, agency requirements, organizations, individuals with relevant documentation, information relating to the proposed building proposal.
3. Building the content of the policy in the recommendation to build the decree; evaluate the impact of the policy; envisage the resources, the guarantee conditions for the implementation of the decree after being passed by the Government.
4. Preparing the proposed record for a prescribed decree in accordance with Article 87 of this Law.
5. The organization takes on the opinion of the agencies, the organization is concerned about the proposed construction; aggregation, research, the reception of the opinions of the comments.
What? 86. Take an opinion on the proposed building proposal
The proposed body for the construction of the following is responsible:
1. The proposed body for the construction of the decree took on the subject of the direct impact of the policy in the proposal for the construction of the decree and the agency, the relevant organization, stating the problems that are required to conform to each object of opinion and determination. In particular, the address of the intention was to receive the intention; to post a full resolution of the planning of a decree on the Government's Electronic Information Portal and the proposed agency's recommendations for a period of at least 30 days for agencies, organizations, individuals, and opinions.
For the case of written opinion, depending on the nature, the content of the proposed building proposal, the proposed body for the construction of the decree to submit the proposed text is recommended.
The Ministry of Finance is responsible for financial resources, the Ministry of the Interior is responsible for the opinion of human resources, the Ministry of Foreign Affairs is responsible for contributing opinions on the relevance to the relevant international treaty that the Socialist Republic of Vietnam is a member. The Ministry of Justice has the responsibility to comment on the constitualization, legitimacy, the unity of the proposed building proposal with the legal system;
2. The proposed planning agency can hold a direct opinion, the conference organization, to take the initiative to take the opinion on the expected policies in the proposed building proposal;
3. The proposed body for the construction of the composite decree, the study, the process of the reception of the comments comments; the registration of the program report, the reception on the Government 's Electronic Information Portal and of the proposed agency' s proposed construction agency.
1. The proposed building of the decree, which must clearly state the need for the planning of decrees; the purpose, the view of the decree building; the object, the scope of regulation of the decree; the goal, policy content in the decree, the solutions to the implementation. The policy was chosen and the reason of the selection; the time envisages the Government to consider, through; envisage the resources, the conditions of ensuring the implementation of the decree.
2. Content evalues the impact of each policy in the decision to build the decree, which must specify the issue of resolving the problem; the objective of issuing policy; the solutions to implement policy; the positive, negative effects of the policy; the cost, the benefits of the solutions; compare the cost, the benefits of the solutions; the solution choice of the agency, the organization and the rationing of the selection; evaluate the impact of the administrative procedure, evaluate the impact on the gender (if any).
3. Report the implementation of law enforcement or assessment of the status of policy-related matters.
4. The compilation, the process, the reception of the comments; the notice of the comments.
5. The draft proposal.
6. Other Document (if available).
What? 88. The appraiseplan for planning
1. The Ministry of Justice chaired, in coordination with the Ministry of Finance, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the agencies, the organization is concerned with the appraisal of the proposed building.
2. The appellate file sent to the Ministry of Justice includes the prescribed documents at Article 87 of this Law.
The document stipulated at paragraph 1 and paragraph 2 Article 87 of this law is sent by the paper, the remaining document is sent in an electronic copy.
3. The Ministry of Justice is responsible for appraisal of the proposed construction on a 20-day period since the date of receiving enough records. The appraisal content focuses on the following issues:
a) The need to issue a decree; subject, the scope of regulation of the decree;
b) The suitcase of policy content with the path, the chairperson of the Party, the policy of the State;
c) Constituability, legality, the consistency of policy with the legal system, the feasibility of policy content, and the solutions that implement the expected policy in the recommendation to build the decree;
d) The compatibility of policy content and policy implementation in the proposed building agreement with the relevant international treaty that the Socialist Republic of Vietnam is a member;
The need, rationing, cost adheres to the administrative procedures of the policy in the proposed building proposal, if the policy relates to the administrative procedure; the cage of the gender equality problem in the recommendation to build the decree, if the policy is. with regard to gender equality;
e) The compliance of the sequence, the procedure for the planning of the decree.
4. The Justice Department concludes the filing of a proposal for the construction of eligible government provisions, the filing needs to continue to be completed, the filing is not eligible for the Government.
5. The appraisal report must be sent to the planning body to build a delay decree of 10 days from the date of the conclusion of the appraisal. The proposed body for the construction of the resolution was responsible for the study, which took up the appraisal of the appraisal initiative, to complete the proposed project for the construction of the Government Plan.
What? 89. The government considers, through the proposed building proposal.
1. The ministry, the government-based agency recommended for the construction of the decree.
2. The Government Plan Profile includes:
a) The specified documents at Article 87 of this Law have been corrected;
b) The appraisal report; the solution report, the reception of the appraisal opinion;
c) Other documentation (if any).
The document stipulated at paragraph 1 and paragraph 2 Article 87 of this Law and the specified document at this point b is sent by the paper, the remaining document is sent in an electronic copy.
3. The Government Office is responsible for receiving, examining the proposed filing of the decree of the ministries, the peer-to-peer agency and the proposal to bring the proposed building proposals into discussion at the Government's sessions.
4. The government considers, through a proposal to build a decree at the Government ' s session on the following sequence:
a) The representative, the horizontal body, expressed the proposal to build the decree;
b) The Justice Department presents the appraisal report;
c) The agency representative, the organization invited to attend the consultation session;
d) The government discussed;
The government is voting on a proposal to build a decree.
5. On a discussion basis, through a proposal to build the Government ' s decree, the Government Office presiding, in coordination with the Ministry of Justice, the proposed body for the construction of the resolution of the resolution drafting resolution on the proposed construction of the Government of the Prime Minister. Review and sign.
What? 90. The mission of the presiding officer drafting the decree
1. The presiding officer drafted the decree which is responsible to the Government on the content, quality and progress of the decree drafting.
2. The presiding officer drafting the protocol for the following mission:
a) The organization for the construction of the draft decree on the basis of policies was adopted by the Government to the decree stipulated at paragraph 2 and paragraph 3 Article 19 of this Law; ensuring the unity of the document stipulated in detail with the regulations, of the written text. rules regulations. In the case of a specific regulation of policies that have been regulated in the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President to evaluate the policy impact on the regulatory decree. at paragraph 1 Article 19 of this Law;
b) In the case of necessity, the order, the peer-to-peer agency may form the drafting committee. The drafting committee consists of the Head of the Head or Deputy Head of the Head of the Head, the peer-to-peer body of drafting and other members is the body representative of the drafting of drafting, agency, relevant organization, experts, scientists am understand the following: The subject matter is subject to the draft of the decree, and there is a full participation in the activities of the drafting committee; ensure the operational conditions of the drafting board;
c) The organization takes opinion, research, marketing, draft editing; construction of the program, the program report, the reception of the comments, and the application of this material on the Government ' s Portal Electronic Information Portal and the electronic portal of the host body. A draft.
What? 91. Take an opinion on the draft resolution
During the drafting of the decree, the presiding officer was required to take the initiative to bear the direct impact of the direct impact of the text and the ministry, the peer-to-peer body, the government-based agency, at 1, 2 and 3 Articles 57 of the Law.
What? 92. Judge of the draft decree
1. The Ministry of Justice is responsible for the appraisal of the draft before the Government.
For the draft resolution complex content, involving a variety of disciplines, many sectors or by the Ministry of Justice-chaired by the Ministry of Justice, the Minister of Justice established the appraisal council, which includes the representative of the agencies, the relevant organization, experts, journalists and journalists. Science.
2. The filing for the appraisal includes:
a) The Government's journal of the draft of the decree;
b) The draft decree;
c) The aggregate report, the solution, the reception of the opinion of the agency, the organization, the individual and the subject bear the direct impact of the text; the opinion of the ministry, the peer agency, the government agency;
d) The assessment of the administrative procedure in the draft, if in the draft stipulated, the administrative procedure; the report on the cage of gender equality, if in the draft a regulation concerning gender equality;
Another document (if any).
The document specified at the point a and this b point is sent by the paper, the remaining document is sent by the electronic copy.
3. The appraisal content focuses on the following issues:
a) Calculation, legality, consistency of the draft resolution with the legal system; the compatibility with the relevant international convention that the Socialist Republic of Vietnam is a member;
b) The suitcase of the draft content of the draft resolution with the text is detailed to the specified decree at paragraph 1 Article 19 of this Law; the suitcase of the draft content of the decree with policies adopted in the recommendation of the resolution building. for the decree stipulated at paragraph 2 and paragraph 3 Article 19 of this Law;
c) The necessity, validity, cost of compliance with administrative procedures in the draft of the decree, if in the draft of the decree regulation of administrative procedure; the cage of gender equality in the draft of the decree, if in the draft of the proposed decree. It ' s about gender equality.
d) The assurance of human resources, financial resources to ensure the implementation of the decree;
Languages, techniques and sequences, text redaction procedures.
4. In case of necessity, the appraisal authority asks the presiding officer to report the issues of the proposed draft content; himself or the same agency drafting the survey organization on matters of the content of the draft. The drafting chair is responsible for providing information, documentation for the appraisal of the decree.
5. The appraisal report must clarify the opinion of the appraisal agency on the specified appraisal in paragraph 3 This and the opinion of the draft eligible or not enough of the Government presentation.
The appraisal report must be sent to the presiding body for the delay in the delay period of 15 days from the date the appraisal agency receives enough of the appraisal records.
6. The drafting presiding agency has the responsibility of research, the process, which continues the appraisal of the appraisal, fining the draft resolution and simultaneously sending the program report, the reception accompanying the text draft has been corrected to the appraisal agency when The draft government.
1. The Government Papers on the draft of the decree.
2. The draft resolution.
3. The appraisal report; the solution report, the reception of the appraisal opinion.
4. The synthesis, the process, continues the opinion of the agency, the organization, the individual and the object that is subject to the direct impact of the decree.
5. The assessment of the administrative procedure in the draft, if in the draft there is the administrative procedure regulation; report on the cage of gender equality issues in the draft, if in the draft the regulation is related to gender equality issues.
6. The government's resolution passed the policies of the decree to build a decree on the decree stipulated at paragraph 2 and paragraph 3 Article 19 of the Law.
7. Other Document (if available).
The document stipulated at 1, 2, and 3 This is sent by the paper, the remaining document is sent in an electronic copy.
What? 94. Edit, complete the draft resolution before the Government presentation.
In the case of differing opinions between ministries, peer agencies, government agencies on major issues of the draft resolution, the Secretary, the Office of the Government of the Government, organized the meeting of the leader of the government. Drafting, the Ministry of Justice, the ministry, the peer agency, the relevant government agency to discuss before the Government review, the decision. Based on the idea at this meeting, the presiding officer drafted in coordination with the relevant agencies to continue to adjust, fining the draft to the Government.
What? 95. Please comment on the Congressional Standing Committee on the issuing of the decree
1. For the decree stipulated at paragraph 3 Article 19 of this Law, prior to the panel, the Government presented the Standing Committee of the National Assembly for the opinion.
2. The Standing Committee of the National Assembly consists of:
a) The Government's programming of the promulgation of the decree, which specifies the need for an issue; the basic policies and the main content of the draft; the scope, the subject of the adjustment of the text; the problems that require opinions and other opinions. One.
b) The draft decree;
c) The report assessment of the impact of the text;
d) The conclusion of the implementation of law enforcement or assessment of the status of social relations in relation to the main content of the draft;
) The appraisal report, the program report, the appraisal of the appraisal comments;
e) Other documentation (if any).
3. The draft resolution must be questioned by the National Council or the Committee of the National Assembly before the Standing Committee of the National Assembly review, for the opinion.
4. The Standing Committee of the National Assembly considers, for the opinion, to decide whether to grant the decree.
5. The government is responsible for continuing the opinion of the Standing Committee of the National Assembly.
What? 96. Viewer, through the draft resolution.
The government considers, through the draft resolution following the following sequence:
1. The presiding agency editor drafting the presentation of the draft decree;
2. The Justice Department represents the process, taking over the appraisal opinion;
3. The Government Office Representative raises matters to discuss;
4. The agency representative, the organization attending the consultation session;
5. The government deliberated.
The presiding officer drafted in coordination with the Ministry of Justice, the Office of Government and relevant agencies that envisage the decree in accordance with the opinion of the Government;
6. The government vote through the draft decree.
In the event that the draft of the decree was not passed, the Prime Minister directed the problems that needed to correct and set the draft time of the draft, while the administration of the presiding officer finished drafting the draft for the Government to review it. through;
7. The Prime Minister signs the decree.
Section 3
CONSTRUCTION, DECISION-MAKING.
THE PRIME MINISTER OF GOVERNMENT
What? 97. The mission of the presiding officer drafted the Prime Minister ' s decision.
1. The ministry, the peer-to-peer agency drafting the Prime Minister ' s decision to follow the resolution of the Prime Minister.
2. The Agency for the following is the following task:
a) The organization sums up law enforcement; survey, assessment of the status of social relations; study of information, capitalization, the relevant international convention that the Socialist Republic of Vietnam is a member;
b) Assessment of the impact of each policy in the decision draft, which must specify the problem of solving; the objectives of the policy; the solution to implement policy; the positive, negative impact of policy; cost, benefits of solutions; and so on. The cost of the solution, the benefits of the solutions; the choice of the solution of the agency and the reasons of the choice; the assessment of the impact of administrative procedures, the impact on the gender (if any);
c) The drafting of the draft decision with the participation of the representative of the Ministry of Justice, the Office of Government and the agencies, the relevant organization; can mobilize the participation of experts, qualified scientists and competers into the drafting process;
d) On the subject of a direct impact of the direct impact of policies in the draft decision and agency, the organization is involved; stating the problems that are required to conform to each object take the opinion and define the address specific to the opinion; post. The full draft of the draft decision on the Government's Electronic Information Portal and the agency's electronic information portal drafting the draft decision in a period of at least 60 days for agencies, organizations, individuals, and opinion.
In the case of written opinion, depending on the nature of the decision, the contents of the draft decided to submit the text to the opinions of ministries, peer agencies, government agencies. The agency is given the opinion of a written responsibility for a 20-day period since the date of the recipient's recommendation.
The Ministry of Finance is responsible for financial resources, the Ministry of the Interior is responsible for the opinion of human resources, the Ministry of Foreign Affairs is responsible for contributing opinions on the relevance to the relevant international treaty that the Socialist Republic of Vietnam is a member. The Ministry of Justice has the responsibility to comment on the constitualization, legitimacy, consistency of the draft decision with the legal system;
In total, research, research, marketing, marketing, marketing, marketing, orthopework, and electronic information portal by the government's electronic information portal.
What? 98. The decision to draft the Prime Minister ' s decision
1. The Ministry of Justice is responsible for determining the draft of the Prime Minister 's decision before the Prime Minister' s presentation.
For the draft decision to have complex content, involving a variety of disciplines, many sectors or by the Ministry of Justice-chaired by the Ministry of Justice, the Minister of Justice established the appraisal council, which includes representatives of agencies, relevant organizations, experts, journalists and journalists. Science.
2. The filing for the appraisal includes:
a) The Prime Minister's journal of the draft decision;
b) Draft decision;
c) The aggregate report, the solution, the reception of the opinion of the agency, the organization, the individual and the subject bear the direct impact of the text; the opinion of the ministry, the peer agency, the government agency;
d) The assessment of administrative procedures, if in the draft of the administrative procedure regulation; report on the cage of gender equality, if in the draft there is regulation concerning gender equality;
Another document (if any).
The document specified at the point a and this b point is sent by the paper, the remaining document is sent by the electronic copy.
3. The appraisal content focuses on the following issues:
a) Subject, the scope of the adjustment of the decision draft decision; the need for decision-making, for the decision to rule in Article 20 of this Law;
b) The suitcase of the draft content decides with the path, the chairperson of the party, the policy of the State;
c) Legitimacy, legitimacy, consistency of the draft decision with the legal system; the compatibility with the relevant international convention that the Socialist Republic of Vietnam is a member;
The necessity, validity, cost of compliance with administrative procedures in the draft decision, if in the draft decision-making involves the administrative procedure; the cage of the gender equality problem in the draft decision, if in the draft. decision to have regulation concerning gender equality issues;
The guarantee of human resources, finances to ensure the execution of the decision;
e) Language, technique, and sequence, text drafting procedure.
4. In the case of necessity, the appraisal authority asks the presiding officer to report the problems of the decision content to the decision; either himself or the same body drafting the survey organization on matters of the content of the draft decision. The drafting chair is responsible for providing information, documentation for the decision to determine the decision.
5. The appraisal report must clarify the opinion of the appraisal agency on the specified appraisal in paragraph 1 Article and the opinion of the draft eligisum or not enough the Prime Minister ' s presentation.
The appraisal report must be sent to the slog redaction master body of 15 days from the date of receiving enough of the appraisal records.
6. The editor of the drafting of the drafting, the program that continues the appraisal of appraisal, fining the decision draft and simultaneously sending the program report, the reception accompanying the draft text was corrected to the appraisal agency when it was completed. The Prime Minister of the Government is to draft the decision.
What? 99. Profile of the Prime Minister's decision.
1. The paper on the draft decision.
2. The draft decision was corrected after the decision was made.
3. The appraisal report; the solution report, the reception of the appraisal opinion.
4. The report reviews the impact of the policy in the draft decision.
5. The aggregation, the process, continues the opinion of the agency, the organization, the individual.
6. Other Document (if available).
The document stipulated at 1, 2, and 3 This is sent by the paper, the remaining documents are sent in an electronic copy.
What? 100. Check, file processing, the Prime Minister 's decision to issue the Prime Minister' s decision.
1. In the 10-day period since the date of receiving enough draft of the draft decision, the Government Office is responsible for examining the decision draft records. The case also has different opinions between ministries, peer agencies, government agencies on major issues of the government's decision to draft the decision of the Prime Minister, the Minister of Office, the Government Office, to hold a meeting of the leader of the government. the director of the drafting agency, the Ministry of Justice, the leader of the ministry, the peer-to-peer agency, the relevant government agency to resolve before the Prime Minister review, the decision.
Based on the idea at this meeting, the presiding officer drafted in coordination with the relevant agencies to continue to adjust, complete the draft of the Prime Minister's decision.
In the case of the Prime Minister's opinion on the draft decision, the presiding officer drafted the presiding officer, in coordination with the Ministry of Justice and the Office of the Government to correct the decision, finalization of the decision draft and the Prime Minister's decision to sign the decision.
The Prime Minister considers it, signing the decision.
Section 4
CONSTRUCTION, THE MINISTER ' S PRIVATE PRACTICE,
CHIEF AGENCY OFFICER
1. The minister, the head of the peer-to-peer authority, directed the construction, issued of the judiciary; the unit division of the ministry, the peer-to-peer body co-ordinated in coordination with the legal organization in the case of the non-presiding legislation drafting and relevant units. A private editor.
2. During the drafting of the information, the ministry, the peer-to-peer authority to take on the subject of the object subject to the direct impact of the text; stating the problems that are required to conform to each object of opinion and to determine the specific address of the address. ant; posting the entire draft on the Government 's Electronic Information Portal and the department' s electronic information portal, the peer-to-peer body for a period of at least 60 days.
Depending on the nature and content of the draft, the ministry, the peer-to-peer body, may take the opinion of the ministries, other peer agencies, the government agency, the People's Assembly, the Provincial People's Committee, the agencies, the other organizations, the experts, the scientists. The agency, the organization, was given the opinion of the slog-writing responsibility of 20 days from the date of the receiving offer.
3. The unit is actively assigned to co-ordinate coordination with the relevant units of research, reception of opinion, fining of the information draft.
1. The local legal organization, the peer-to-peer authority is responsible for the appraisal of the private draft prior to the ministerial presentation, the head of the peer-to-peer agency.
For the provision of direct influence directly to the right, obligations, interests of the people, the business, in relation to a variety of disciplines, many sectors or by the organisation of the drafting of the legislation chaired by the law, the Minister of the Council, the Head of the Council, established the council. Appraisal counseling, organization, experts, experts, scientists.
2. The filing for the appraisal includes:
a) The report of the draft.
b) Proposition;
c) The synthesis, the interpretation of the opinion of the agency, the organization, the individual and the subject bear the direct impact of the draft; the notice of the opinion;
d) The impact assessment report; the assessment of the administrative procedure in the case of the law of conduct of the administrative procedure; the report on the cage of gender equality (if any);
Another document (if any).
The document specified at the point a and this b point is sent by the paper, the remaining document is sent by the electronic copy.
3. The appraisal content focuses on the following issues:
a) The need for a private practice; the subject, the scope of the adjustment of the profile;
b) The suitable content of the draft content with the path, the chairperson of the Party, the policy of the State;
c) Constitualization, legality, consistency of the bill of understanding with the legal system; compatibility with the relevant international convention that the Socialist Republic of Vietnam is a member;
d) The necessity, validity, cost of compliance with administrative procedures in the draft of the information, if in the draft of the information that regulates the administrative procedure; the cage of the gender equality problem in the draft information, if in the specified private draft. with regard to gender equality;
) Conditions Assurance of Human Resources, Finance to Enforce Private;
e) Language, technique, and sequence, text drafting procedure.
4. The appraisal report must clarify the legal organization ' s opinion on the regulatory content stipulated at paragraph 3 This.
The appraisal report must be sent to the slog redaction master unit of 10 days from the date receiving enough of the appraisal records.
5. The unit assigned to the drafting holder is responsible for coordinating with the relevant units of research, taking on the appraisal opinion to correct the draft.
What? 103. Secretary of State for Secretary of State, Prime Minister of the Council.
1. The Minister ' s Office, the head of the peer-to-peer agency on the draft.
2. A private draft.
3. The appraisal report; the solution report, the reception of the appraisal opinion.
4. The synthesis, the process, continues the opinion of the agency, the organization, the individual and the object that is subject to the direct impact of the draft.
5. Report the impact assessment; the assessment of the administrative procedure in the case of the law that regulates the administrative procedure; the report of the gender equality problem (if any).
6. Other Document (if available).
The document stipulated at 1, 2, and 3 This is sent by the paper, the remaining document is sent in an electronic copy.
What? 104. Review sequence, private executive sign
1. The unit presiding over the report of the Minister, the head of the peer-to-peer agency on the draft.
In the case of a matter of opinion, there is a different opinion among the units, the legal organization presiding over coordination with the relevant units of the opinion prior to the ministerial presentation, the head of the body of equal authority.
Based on the idea at this meeting, the presiding officer drafted in coordination with the legal organization, the relevant units, the completion of the draft of the Minister's passage, the head of the peer-to-peer agency.
2. Minister, the head of the body across the board considers the signing of the executive order.
CONSTRUCTION, LAW ENFORCEMENT.
OF THE SUPREME COURT JUDGES ' COUNCIL,
CHIEF JUSTICE OF THE SUPREME PEOPLE ' S COURT, CHIEF JUSTICE
THE SUPREME PEOPLE ' S INSPECTION,
STATE AUDIT
What? 105. Construction, enacted the resolution of the Supreme People ' s Court of Appeals.
1. Draft the resolution of the Supreme People 's Court of Appeals appointed by the Chief Justice of the Supreme People' s Court and directed the drafting of the drafting.
2. The draft resolution was posted on the Government 's Electronic Information Portal and the Electronic Information Portal of the Supreme People' s Court for a period of at least 60 days to the agency, the organization, the individual involved in the opinion.
The draft resolution must be sent to take up the opinion of the Supreme People ' s Examination Institute, the Ministry of Justice, the Ministry of Foreign Affairs, the Vietnam Law Society and the Vietnam Bar Federation.
3. Chief Justice of the Supreme People ' s Court directed the reception of the comment that was drawn to the draft resolution.
4. Chief Justice of the Supreme People 's Court to set up a panel of deliberation advisory council draft resolution of the Supreme People' s Court of Appeal attended by the Supreme People ' s Examination Institute, the Ministry of Justice and the agency, the organization, the relevant unit, the experts. A scientist.
5. The draft resolution was discussed at the session of the Supreme People 's Court of Appeals, which was attended by the Institute of the Supreme People' s Examination Institute and the Minister of Justice.
6. The Supreme Court Justice Council held the session to pass the draft resolution.
In the case of the Supreme People 's Office of the Supreme People, the Minister of Justice is not unanimous with the resolution of the Supreme People' s Court of Justice that has the right to report the Standing Committee of the National Assembly for consideration, given the opinion at the latest session.
7. The Chief Justice of the Supreme People 's Court signs the resolution of the Supreme People' s Court of Appeals.
What? 106. Construction, the private practice of the Chief Justice of the Supreme People ' s Court
1. The private draft of the Chief Justice of the Supreme People 's Court chaired by the Chief Justice of the Supreme People' s Court and directed the drafting.
2. The assigned unit of the drafting holder is responsible for total implementation of the law enforcement implementation of the draft; the study of information, related materials; the preparation of the proposal, redaction and editing of the draft; the organization taking opinion; preparation of the program and the the document is related to the draft.
The draft information was posted on the Supreme People ' s Electronic Information Portal for a period of at least 60 days for the agency, the organization, the individual involved.
Depending on the nature, and the contents of the draft, the Chief Justice of the Supreme People 's Court decided to send the draft information to take the opinion of the Local People' s Court, the Military and Agency Court, the relevant organization.
3. The Supreme Court Justice Council discusses and gives comments to the private draft of the Chief Justice of the Supreme People ' s Court.
4. Chief Justice of the Supreme People ' s Court directed the reception of the comments, review and sign of the executive order.
What? 107. Construction, the investment board of the Institute of the Supreme People ' s Institute
1. The private draft of the Institute of the Supreme People 's Examination Institute led by the Institute of the Supreme People' s Research Institute and directed the drafting.
2. The assigned unit of the drafting holder is responsible for total implementation of the law enforcement implementation of the draft; the study of information, related materials; the preparation of the proposal, redaction and editing of the draft; the organization taking opinion; preparation of the program and the the document is related to the draft.
The draft information was posted on the Electronic Information Portal of the Supreme People's Institute for a period of at least 60 days for the agency, the organization, the individual participants.
Depending on the nature and content of the draft, the Supreme People's Institute of People's Examination of the Supreme People decided to send a private draft to take the opinion of the local People's Examination Institute, the Military and Military Examination Institute, the relevant organization.
3. The Committee to inspect the Supreme People 's Examination Institute and for opinion on the investment draft of the Institute of the Supreme People' s Examination Institute.
4. The Supreme People 's Institute for the Supreme People' s Institute directed the reception of the comments, review and sign of the executive order.
What? 108. Construction, decision-making of the State Auditor General
1. Draft the decision of the State Auditor General Audit by the State Auditor General and directed the drafting.
2. The decision draft was posted on the Electronic Information Portal of the State Auditor for a period of at least 60 days for the agency, organization, individual participating in the opinion.
3. Depending on the properties and contents of the draft, the State Auditor General decides to send the draft to take the agency ' s opinion, the organization is involved.
4. State Auditor General to direct the reception of the comments, review and sign decision-making.
BUILT, ISSUED.
COPYRIGHT LAW
What? 109. Construction, committee resolution.
1. Draft the joint resolution between the Standing Committee of the National Assembly or the Government and the Presido of the Central Committee of the National Front of the Republic of Vietnam by the Standing Committee of the National Assembly or Government of the Drafting Committee.
2. The drafting chair is responsible for organizing the draft draft.
3. During the drafting of the draft resolution, the presiding officer responsible for organizing the opinion of the bodies, organizations, individuals by regulation at 1, 2 and 3 Articles 57 of the Law.
4. Before the board, draft resolution resolution between the Standing Committee of the National Assembly with the Presido of the Central Committee of the Republic of Vietnam must be examined by the National Council, the Committee of the National Assembly of Congress; the draft resolution resolution between the Government with The Presido of the Central Committee of the National Front of Vietnam must be appointed by the Ministry of Justice.
The case, the prescribed content stipulated at paragraph 2 and paragraph 3 Article 58; file, regulatory content prescribed at paragraph 1 Article 64 and Article 65 of this Law.
5. The drafting holder is responsible for the reception of the intended comment to correct the draft.
6. The draft is passed when there is a unanimous opinion of the agencies, the organization has the authority to enact the citizenship resolution.
The chairman of the National Assembly or the Prime Minister and Chairman of the Central Committee of the Republic of Vietnam jointly signed the commission of resolution.
What? 110. Construction, Board of Information
1. The private draft of the joint venture between the Chief Justice of the Supreme People 's Court with the Institute of the Supreme People' s Examination Institute; the joint venture between the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute of Human Examination with the Minister, Chief Minister By the Chief Justice of the Supreme People's Court, the Supreme People's Institute of People's Examination Of The Supreme Court, the Minister, the Prime Minister of the United States, on the basis of the agreement, the division of the presiding officer.
2. The drafting chair is responsible for organizing the draft draft.
3. The draft was posted on the electronic portal of the editor ' s principal editor for a period of at least 60 days for the agency, the organization, the individual involved in the opinion.
The draft of the joint venture between the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for Human Examination; the joint associate of the president, the chief of the body equal to the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute of Police. must be taken to the opinion of the members of the Supreme Court of the People's Court, members of the Supreme People's Examination Committee.
4. The drafting presiding agency is responsible for the study of the opinion that contributes to editing the draft.
5. The draft was passed when there was the unification of the opinion of the competent authorities to issue a joint venture.
The Chief Justice of the Supreme People's Court, the Supreme People's Institute for Human Examination, the Minister, the Prime Minister of the United States, on the board of the Council of Foreign Affairs.
CONSTRUCTION, RESOLUTION.
OF THE PROVINCIAL PEOPLE ' S COUNCIL
What? 111. Resolution of resolution
1. The Provincial People 's Committee, the departments of the Provincial People' s Council and the Vietnam Fatherland Front Committee on the same level of the state agency 's legal rule of law above, themselves or by the proposal of the agency, the organization, the People' s Assembly delegate, is responsible for the proposed building of the Council of the People's Council to govern the issue of the issue being delivered in the document of the law of the state authority above or to carry out the mandate, the powers of the Provincial People's Council.
2. The proposal to build the resolution of the Provincial People ' s Assembly is sent to the Permanent Council of the People to review, the decision.
3. Proposal to build a resolution of the Provincial Council of the Provincial People with a stipulated content on the Articles 2, 3 and 4 Articles 27 of this Law, before the Permanent Council of the People's Council shall be executed by Article 112 to Article 116 of this Law.
What? 112. The mission of the proposed agency to build a resolution.
1. The conclusion of law enforcement or evaluation of existing law enforcement texts is relevant to the proposal to build the resolution; survey, assess the status of social relations with regard to the main content of the draft resolution.
In the case of necessity, the agency, the organization is linked to the implementation, assessing the implementation of the copyright law of the field by the agency, which is in charge of the contents of the draft.
2. The Organization for Information Research, Justice, the relevant international convention that the Socialist Republic of Vietnam is a member. In the case of necessity, agency requirements, organizations, individuals with relevant documents provide documentation, information relating to the draft resolution.
3. Build the content of the policy in the proposal to build the resolution; evaluate the impact of the main, book; envisage the resources, the guarantee of the implementation of the resolution after being passed by the People ' s Council.
4. Prepare to file a resolution under regulation at Article 114 of this Law.
5. The organization takes on the agency opinion, the organization is involved in the proposal to build resolutions; aggregate, research, the reception of the reception of opinion.
What? 113. Take the initiative to build the resolution.
1. The proposed agency for the construction of the resolution is responsible for the object opinion that is subject to the direct impact of the policy in the decision to build the resolution and the agencies, the organization is involved; stating the problems that need to apply for the opinion that are consistent with each object. The address and specific identification of the addresses of the addresses of the address on the province's electronic information portal, the central city of the central city, for at least 30 days for agencies, organizations, and individuals to participate in the opinion.
In addition to post-regulation to take the initiative at this paragraph, it is possible to take the opinion by means of a direct comment, submit a draft offer to comment, organize workshops, or through mass information to the agencies, organizations, and individuals. Your opinion.
2. When the object of the subject is subject to the direct impact of the draft resolution, the agency is responsible for determining what matters to be taken and guaranteed at least 10 days from the date of the organization's opinion so that the subjects are given their opinions. I mean, the draft bill. In the case of necessity, the proposed body for the resolution of the resolution to hold a direct dialogue on policy with the subjects was directly influenced by the draft resolution.
3. The agency, the organization, is given an opinion on the proposal to build a resolution that is responsible for answering by writing within the 10-day period since the date received the recommended offer.
What? 114. The profile of the resolution is to build a resolution.
1. The proposed building of resolution, which must clearly state the need for decision-making; the purpose, the perspective of resolution; the subject, the scope of the resolution of the resolution; the goal, policy content in the draft resolution and the solutions. to implement the selected policy; time is expected to recommend the Council of the People to consider, through; envisage the resources, the conditions of ensuring the implementation of the resolution.
2. Content evalues the impact of each policy in the decision to build the resolution, which must specify the issue of resolving; the goal of issuing policy; the solutions to implement policy; the positive, negative effects of the policy; the cost, the policy. the benefits of the solutions; compare the cost, the benefits of the solutions; the choice of the solution of the agency, the organization and the reason the choice; determine the gender and gender impact of the policy.
3. Report the implementation of law enforcement or assessment of the status of policy-related matters.
4. The synthesis, the process, the reception of the opinions of the agencies, the organization, the individual and the subject directly affected; the drawing of opinions.
5.
6. Other Document (if available).
What? 115. The appraisal recommended that the resolution be formulated by the Provincial People's Committee.
1. The Department of Justice chaired, in coordination with the Treasury Department, the Department of the Interior and the agencies, the relevant organization that recommended the decision to build the resolution.
2. The proposed filing for the resolution of the resolution sent to the appraisal of documents by regulation at Article 114 of this Law.
The specified document at paragraph 1 and paragraph 2 Article 114 of this law is submitted by the paper, the remaining document is sent in an electronic copy.
3. The deadline for the appraisal of the resolution to build the resolution is 15 days from the date of receiving enough of the appraisal records. It is defined by the rules of Article 39 of the Law.
4. The appraisal report must clarify the Department of Justice ' s comments on the regulatory content stipulated at paragraph 3 This and on the proposal to build eligible resolutions or not enough conditions for the Provincial People's Committee to consider, decide.
5. The appraisal report must be sent to the decision-making body to build a slog resolution of 10 days from the date of the conclusion of the appraisal. The legislature proposed the resolution of the resolution of accountability, which continues the appraisal of intent to correct the proposal to build the resolution and simultaneously send the program report, followed by a proposal to build a resolution that was corrected to the Department of Justice when it was announced. The Committee of the People's Committee of the Provincial Committee.
What? 116. Through policy in the proposal to build resolution
1. For the proposal to build a resolution issued by the Provincial People's Committee, the People ' s Committee is responsible for review, collective discussion and majority vote to pass the policies in each proposal to build the resolution.
2. For the decision to build a resolution proposed by the agency, the other organization stipulated at Article 111 of the Law recommended that the agency, that organization is responsible through the policies of the resolution of the resolution.
What? 117. Resolution Building recommended
1. Agency, the organization stipulated at 1 Article 111 of this Law Permanent to the Permanent Council of the People's Department of the Department of the Department of the Profile to build the resolution.
2. The filing of the proposed resolution of the decree stipulated at paragraph 1 Article 27 of this Law includes:
a) The report of the motion to build the resolution;
b) The theory of the base of the resolution; subject, the scope of the resolution of the resolution; the main content of the resolution; the time envisages the Assembly of the People to consider, through; envisage the resources, the guarantee conditions for the execution of the law. Yeah.
3. The proposed record for the decision to build a regulatory resolution at 2, 3 and 4 Articles 27 of this Law includes:
a) Regulatory documents at Article 114 of this Law;
b) The report of the appraisal recommended building the resolution of the Department of Justice;
c) The decision to pass the policy in the motion to build the resolution of the authority of the competent authority stipulated at Article 116 of this Law.
What? 118. Agency division, the presiding organization drafting the resolution.
Permanent residents of the Provincial People's Council consider the proposal to build a resolution; if approval is the agency, the organization of the draft resolution and the decision to schedule the Provincial People's Council to draft resolutions; the agency, the organization's organization. The agency, the presiding officer, the drafting agency drafted the resolution.
What? 119. The agency ' s mission, the presiding organization drafting the resolution
1. The organization of the draft resolution, ensuring the suitcase of the draft content of the resolution with the provisions in the law of the rule of law that delivered the details to the decree stipulated at paragraph 1 Article 27 of the Law; ensure the unity of the law. The draft resolution with the policies was passed over the regulatory resolution at the 2, 3 and 4 Articles 27 of the Law.
2. Organization for opinion, research, marketing, draft editing; construction of the program, report of the program, further comments on the draft and other materials; post these documents on the province's electronic information portal, the city's central city.
What? 120. Take an opinion on the draft resolution.
1. The draft resolution of the Provincial People's Assembly must be published as a whole on the province's electronic information portal, the central city of the central city for a period of at least 30 days for agencies, organizations, individuals, and opinions.
2. The presiding agency drafted the organization taking the opinion of the agency, the organization involved.
In the event of an audience's opinion that is subject to the direct impact of the resolution, the body of responsibility is responsible for determining what matters to be taken and guaranteed at least 30 days from the date of the organization's opinion so that the subjects are given their opinions. I ' m going to go to the text draft.
3. The agency, the organization is given the opinion that is responsible for responding in writing in the 10-day period since the date received the draft text.
What? 121. The decision to draft resolution by the People's Committee of the Provincial Committee.
1. Draft resolution of the Provincial People 's Council headed by the People' s Committee on the same level must be appointed by the Department of Justice before the People ' s Committee.
In the case of necessity, the Department of Justice asked the presiding officer to report the matter to the matter of the draft resolution; to themselves or to the same agency drafting the survey organization on matters of the content of the draft resolution. The presiding officer is responsible for providing information, documentation for the appraisal of the resolution.
For the draft resolution concerning a variety of fields or by the Department of Justice-chaired by the Justice Department, the Director of the Department of Justice established the advisory council, which includes representatives of the agencies, the relevant organization, the experts, the scientists.
At the beginning of 20 days before the People's Committee, the drafting committee must submit a draft resolution of the resolution to the Department of Justice for appraisal.
2. The filing for the appraisal includes:
a) The People's Committee on the draft resolution;
b) Draft resolution;
c) The synthesis, the process, the reception of the opinions of the agency, the organization, the individual; the drawing of the comments;
d) Other documentation (if any).
The document specified at the point a and this b point is sent by the paper, the remaining document is sent by the electronic copy.
3. The appraisal content includes:
a) Subject, the scope of regulation of the draft resolution;
b) The legality, legality and consistency of the draft resolution with the legal system;
c) The concurrency of the draft content of the resolution with the provisions in the text assigned to the Council of the People for Regulatory Regulation; the draft content of resolution with policies in the proposed construction proposal was adopted by regulation at Article 116. of this law;
d) Language, text redaction technique.
4. The appraisal report must clarify the opinion of the appraisal agency on the specified appraisal in paragraph 3 This and the opinion of the project eligitiless or not eligible for the People's Committee.
The appraisal report must be sent to the presiding officer for a 10-day period since the date of the Justice Department receiving enough of the appraisal records.
5. The presiding officer responsible for accountability, which continues the appraisal of the appraisal, finalization of the draft resolution and simultaneously sending the program report, the reception accompanying the draft text was corrected to the Department of Justice when the People ' s Committee presented it. It's a draft resolution.
What? 122. The preliminary profile of the Provincial Committee for the Provincial People's Committee
1. A draft of the draft resolution of the Provincial People ' s Committee includes:
a) The provincial committee of the People's Committee on the draft resolution:
b) Draft resolution;
c) The appraisal report; the solution report, the reception of the appraisal opinion;
d) The synthesis, the process, the reception of the opinion of the agency, the organization, the individual;
Another document (if any).
The document stipulated at the points a, b and c this paragraph are sent by the paper, the remaining document is sent in an electronic copy.
2. The presiding officer responsible for sending the draft bill to the People ' s Committee to move to the slog Committee members is 3 days ahead of the day of the People's Committee meeting.
What? 123. The responsibility of the Provincial People 's Commission on the draft resolution of the People' s Council on the same level
1. For the draft resolution issued by the Provincial Committee of the People, the People ' s Committee is responsible for review, collective discussion and a majority vote to decide the draft of the draft resolution of the Council of People on the same level.
2. For the draft resolution due to the agency, the other organization is the People ' s Committee that is responsible for the consultation in writing.
The slog was 25 days prior to the opening day of the People's Assembly, the agency, the organization of the draft resolution to send the bill, draft resolutions and documents related to the Provincial People's Committee to the People's Committee to join the initiative.
At the beginning of 20 days before the opening day of the People's Assembly, the People's Committee must submit a written opinion to the agency, the organization of the draft resolution.
What? 124. Jury draft resolution of the Provincial People ' s Council
1. The draft resolution of the Provincial People ' s Assembly must be issued by the Board of the People's Council on the same level before the Council of the People's Assembly.
2. As slow as 15 days prior to the opening day of the People's Council meeting, the draft agenda must submit a draft of a draft resolution to the Board of the Council of People's Council to be assigned to the examination. The profile to the inquiry includes:
a) the Council of the People's Council on the draft resolution;
b) Draft resolution;
c) The appraisal and process report, which continues the appraisal opinion on the draft resolution presented by the Committee on the People's Committee; the opinion of the People 's Committee and the program report, which continues the opinion of the People' s Committee on the bill by the People ' s Assembly, The Committee on the Front of the Republic of Vietnam.
d) The synthesis, the process, the reception of the opinions of the agency, the organization, the individual; the drawing of opinions;
Another document (if any).
The document stipulated at the points a, b and c this paragraph are sent by the paper, the remaining document is sent in an electronic copy.
3. The interrogation content focuses on the following issues:
a) Content of the draft resolution and the issues with differing opinions;
b) The suitable content of the draft resolution with the path, the chairperson of the Party, the policy of the State;
c) The suitcases of the draft content resolution with the situation, the economic development conditions-the local society;
d) Legitimacy, legality and consistency of draft resolution with the legal system.
4. The appraisal report must clarify the view of the appraisal agency on the issues of the regulatory inquiry stipulated at paragraph 3 of this and propose the necessary amendments, supplements, the treatment of the presiding officer ' s body to the matter. I mean, there's a different opinion.
The report must be sent to the Permanent Council of the People's Council, 10 days before the opening day of the People's Assembly.
What? 125. The preliminary profile of the Provincial People's Council decision.
1. Permanent to the Provincial People 's Council to direct the preparation of the draft draft resolution to send to the People' s Assembly delegate. The draft resolution filing includes:
a) Regulation in paragraph 2 Article 124 of this Law;
b)
c) The opinion of the Provincial People ' s Committee on the draft resolution due to the agency, the other organization;
d) Other documentation (if any).
The document stipulated at the point a paragraph 2 Article 124 of this law and this b point is sent by the paper, the remaining document being sent by the electronic copy.
2. The draft of the draft resolution must be sent to the delegates of the slog of the slog, which is 7 days before the opening day of the Council of the People's Assembly.
What? 126. The viewer considers, through the draft resolution of the Provincial People ' s Council.
1. The review, through the draft resolution at the session of the Council of People ' s Assembly is conducted according to the following sequence:
a) The organ representative, the organization of the draft resolution of the draft resolution presentation;
b) The Committee representative of the Council of People's Council is assigned to investigate the report's report;
c) The people ' s council discussed;
d) Permanent Council of the People's Provincial Committee of the Board of the People's Council is assigned to the presiding judge, coordination of the agency, the organization, the Department of Justice, the reception, the draft resolution, the draft resolution;
The People ' s Council discussed and voting through the draft resolution.
2. The draft resolution was passed when there were more than half the total delegates of the People ' s Assembly voting for approval.
3. The Chairman of the Council of People signs the resolution.
CONSTRUCTION, DECISION-MAKING.
OF THE PROVINCIAL PEOPLE ' S COMMISSION.
What? 127. The decision to build the decision of the Provincial People ' s Committee
1. The professional body of the Provincial People's Committee, the Chairman of the District People's Committee, is responsible for the decision to build the decision of the Provincial People's Committee.
2. The decision to build a decision must specify the name, the need for the issue, the object, the scope of the adjustment, the main content of the decision, envisage the time of the issue, the presiding agency. For the decision to stipulate the issues assigned to detail, the proposed body must sweep the law of the rule of law due to the central state authority and the resolution of the Council of the People on the same level to determine the content, the scope of the specified protocol. Yeah,
3. The Office of the Provincial People 's Committee presiding in coordination with the Department of Justice review a review of the decision to issue a decision issued, reports the Chairman of the Provincial People' s Commission, the decision.
What? 128. Drafting the decision of the Provincial People ' s Committee
1. Chairman of the Provincial Committee of the Provincial People's Department of the Presiding Officer drafting the decision.
2. The drafting presiding agency has the following tasks:
a) Survey, assessment of the status of local social relations; the study of the road, the chairperson of the Party, the State of State 's policy, the text of the upper state agency, the resolution of the People' s Council on the same level and documents related to the draft decision. What?
b) Building the draft and the draft decision;
c) Assessment of the text impact in the draft case of a specific regulation of policies that have been specified in the text of the upper state authority; assessment of the impact of the administrative procedure in the case of the law being delivered, the impact assessment. about the gender (if any);
d) Overall, the study continued to comment, to correct the decision to complete the draft decision.
What? 129. Take the opinion of the decision draft of the Provincial People ' s Committee
The presiding body of the drafting organization takes the object of the object to bear the direct impact of the text and the agencies, the relevant organization under the regulation at Article 120 of this Law.
What? 130. The decision to draft the decision of the Provincial People's Committee
The Department of Justice is responsible for determining the decision before the Provincial People's Committee. The deadline, case, appraisal, appraisal report is carried out as specified in Article 121 of this Law.
What? 131. The preliminary profile of the Provincial Committee on the Provincial People's Committee
The drafting committee sent the draft records to the slog-provincial People's Committee for a period of 3 days before the People's Committee meeting to move to the members of the People's Committee. The draft file decides to follow the provisions at paragraph 1 Article 125 of this Law.
What? 132. The viewer considers, through the decision draft of the Provincial People ' s Committee.
1. Depending on the nature and contents of the draft decision, the Chairman of the Provincial People ' s Committee decides the review method, through the decision draft. In the case of the draft decision to be considered, through at the session of the Provincial People ' s Committee, the following sequence follows:
a) The presiding agency editor drafting the decision draft decision;
b) The Justice Department is speaking about the process, taking over the appraisal opinion;
c) The Office of the Office of the Provincial People's Committee presents the opinion;
d) the Provincial People ' s Committee discussed and voting through the draft decision.
2. The draft decision was passed when there were more than half the total number of provincial People ' s Committee members voting for approval.
3. The chairman of the Provincial People ' s Committee signs the decision.
CONSTRUCTION, LAW ENFORCEMENT.
OF THE PEOPLE 'S COUNCIL, THE PEOPLE' S COMMITTEE OF THE DISTRICT
What? 133. Drafting the resolution of the District People's Assembly
1. Draft the resolution of the District People 's Assembly issued by the People' s Commission on the same level. Based on the nature and content of the resolution of the Council of People's resolution, the Committee of the People's Committee of the District Grants the drafting of the presiding officer. The drafting chair was responsible for the construction of the draft and the draft bill.
2. The base on the properties and contents of the draft resolution, the presiding agency that drafted the organization took the opinion of the agency, the relevant organization, subject to the direct impact of the resolution.
The agency, the relevant organization, is aware of the responsibility to respond in writing within the 7 days period from the date of the adoption of the draft resolution.
In the event of an audience's opinion that is subject to the direct impact of the resolution, the agency, the organization taking the opinion of the responsibility to identify matters of opinion, addresses the opinions and guarantees of at least 7 days from the date of the organization's opinion. So that the subjects were given their opinions on the agenda.
What? 134. Appraisal of the resolution of the District People's Assembly
1. The Judicial Chamber is responsible for appraisal of the draft resolution of the District People 's Assembly prior to the granting of the District People' s Committee.
At the beginning of 10 days before the People's Committee, the presiding officer was sent to submit a draft bill of the Council of the People's Assembly to the Judiciary Committee for appraisal.
2. The statute of limitations, records, appraisal and appraisal statements made in accordance with the provisions of the 2, 3, 4 and 5 Articles 121 of this Law.
What? 135. The responsibility of the Committee on the District Committee on the draft resolution of the People ' s Council on the same level
1. The District People ' s Committee is responsible for reviewing, discussing and voting on the presentation of the draft decision to the Council of the People on the same level.
2. The District People's Committee is responsible for sending the papers, draft resolutions, and relevant documents to the Standing Committee of the People's Assembly to move to the members of the Council of the People with the slog slog, 7 days before the opening day of the meeting.
What? 136. Jury draft resolution of the District People ' s Assembly
The draft resolution of the District People's Council must be issued by the Council of the People's Council on the same level before the Council of the People's Assembly. At the beginning of 10 days prior to the opening day of the People's Assembly, the People's Committee was responsible for sending a draft resolution to the Board of the Council of People's Competitions. The case, the appellate and the appraisal report are prescribed in paragraph 2, 3 and 4 Article 124 of this Law.
The Board of the Council of People's Council is assigned to be assigned a responsibility to submit a report to the Standing Committee of the People's Assembly to be transferred to the delegates of the Council of the People's Council, which is at the end of the meeting of the Council of the People's Council of Nations, at least 7 days before the opening day.
What? 137. The review sequence, through the draft resolution of the District People ' s Assembly
1. The review, through the draft resolution at the session of the People ' s Council conducted according to the following sequence:
a) Representative Committee of the People's Committee to draft resolution;
b) The Committee representative of the Council of People's Council is assigned to investigate the report's report;
c) The people ' s council discussed and voting through the draft resolution.
2. The draft resolution was passed when there were more than half the total delegates of the People ' s Assembly voting for approval.
3. The Chairman of the Council of People signs the resolution.
What? 138. Drafting the decision of the District People ' s Committee
1. Draft the decision of the District People 's Committee chaired by the Chairman of the People' s Committee and directly directed the professional body of the Committee of the Drafting Committee. The drafting agency is responsible for the construction of the draft and the draft decision.
2. Based on the properties and contents of the decision draft, the organization drafted the organization to take the opinion of the agency, the relevant organization, subject to the direct impact of the decision.
The agency, the relevant organization is given the opinion that is responsible for responding to the text in the 7-day period since the date received the decision draft.
In the event of an audience's opinion that is subject to the direct impact of the decision, the body takes responsibility for determining what matters to be taken and guaranteed at least 7 days from the date of the organization's opinion so that the subjects are given their opinions. I'm going to go to the draft.
What? 139. The decision to draft the decision by the District People's Committee
1. The Judicial Chamber is responsible for determining the decision to draft the decision of the District People ' s Committee before the presentation.
At the beginning of 10 days before the People's Committee day, the drafting agency had to send a draft of the draft decision to the Judiciary Committee for appraisal.
2. The filing for the appraisal includes:
a) The People's Committee on the draft decision;
b) Proposition;
c) The aggregate opinion on the draft decision;
d) Other documentation (if any).
3. Content and appraisal reporting by regulation at paragraph 3, 4 and 5 Article 121 of this Law.
4. As late as 05 days before the day the People ' s Committee met, the Justice Department sent the appraisal report to the drafting agency.
What? 140. A draft of a draft resolution to the District People's Committee
1. The drafting agency sent a draft of the draft decision to the slog-level People's Committee for a period of 3 days of work before the People's Committee meeting to move to members of the People's Committee.
2. The draft profile decision to program the People ' s Committee includes:
a) Regulation in paragraph 2 Article 139 of this Law;
b) appraisal report.
The document stipulated at the point a and point b paragraph 2 Article 139 of this Law and this b point is sent by the paper, the remaining document is sent by the electronic copy.
What? 141. The viewer considers, through the decision draft of the District People ' s Committee.
1. Depending on the properties and contents of the draft decision, the Chairman of the District People ' s Committee decides the review method, through the decision draft. In case of consideration, through the draft decision at the session of the People ' s Commission, which is to be made, according to the following sequence:
a) The drafting body representative presented the decision draft;
b) The Justice Chamber representative gave a speech about the presentation, the reception of the appraisal opinion;
c) The people ' s committee discussed and voting through the draft decision.
2. The draft decision was passed when there were more than half the total number of People ' s Committee members voting for approval.
3. The Chairman of the Committee on the Board of Decisions.
CONSTRUCTION, LAW ENFORCEMENT.
OF THE PEOPLE 'S COUNCIL, THE SOCIAL PEOPLE' S COMMITTEE
What? 142. Drafting the resolution of the Social People ' s Council
1. Draft the resolution of the Council of the People's Competitions Committee jointly with the drafting organization and the People's Assembly.
2. Based on the nature and content of the draft resolution, the Chairman of the People ' s Committee organizes the opinion and proceeds of the opinion of the agency, the relevant organization, of the People in the villages, villages, merchants, hamlets, maps, phums, squirts, neighborhoods, blocks of street draft resolutions by proper forms.
What? 143. The viewer considers, through the draft resolution of the Social People ' s Council.
1. The draft resolution of the Social People ' s Council must be issued by the Board of the People's Council on the same level prior to the presentation of the Social People's Assembly. At least 3 days prior to the opening day of the People's Assembly, the People's Committee sent the papers, draft resolutions and documents related to the delegates of the People's Assembly.
2. The review, through the draft resolution at the session of the People ' s Council conducted according to the following sequence:
a) Representative Committee of the People's Committee to draft resolution;
b) The Committee representative of the Council of People's Council is assigned to investigate the report's report;
c) The people ' s council discussed and voting through the draft resolution.
3. The draft resolution passed when there were more than half a total of the people ' s Assembly voting for approval.
4. The Chairman of the People ' s Assembly signs the resolution.
What? 144. Drafting the decision of the Social People ' s Committee
1. The draft decision of the Social People 's Committee chaired by the Chairman of the People' s Committee, directed by the drafting of the drafting.
2. Based on the nature and content of the decision draft, the Chairman of the Social People ' s Committee organizes the opinion and proceeds of the opinion of the agency, the relevant organization, of the People in the villages, villages, merchants, hamlets, maps, phums, squirts, neighborhoods, blocks, blocks. The street and the draft decision.
What? 145. The viewer considers, through the decision draft of the Social People ' s Committee.
1. The organization, the individual assigned to the drafting of the bill, the draft decision, the general opinion and the documents that are related to the slog-level People's Committee members are 3 days ahead of the day of the People's Committee meeting.
2. The review, through the draft decision at the session of the Social People ' s Committee, is conducted according to the following sequence:
a) Organization representative, individual assigned to draft decision presentation;
b) The People ' s Committee discussed and voting through the draft decision.
3. The draft decision was passed when there were more than half the total number of People ' s Committee members voting for approval.
4. The chairman of the Social People ' s Committee issued the decision.
CONSTRUCTION, LAW ENFORCEMENT.
ACCORDING TO THE SEQUENCE, THE PROCEDURE IS SHORTENED.
What? 146. The construction cases, enacted laws that violate the law according to the sequence, the procedure shortened.
1. An emergency case under the regulation of the law on the state of emergency; cases of sudden, emergency in the room, anti-natural disasters, epidemics, fires, explosions; case of urgency to address issues that arise in practice under the decision of Congress. Yeah.
2. The case for disabling all or part of the text of the rule of law in a certain deadline.
3. The case needs to be amended right to the right to the text of the new law of law enacted.
What? 147. The authority decides the construction, the promulgation of the statute of law in accordance with the order, the procedure.
1. The Standing Committee of the National Assembly decides to apply the application of the sequence, procedure shortfall in construction, order of ordinance, the resolution of the Standing Committee of the National Assembly; the Congress to decide the application of the order, the procedure to be shortened in construction, enacted laws, The resolution of Congress.
2. The president of the country decides the application of the sequence, the custom procedure in the construction, the executive order, the decision of the President of the water.
3. The Prime Minister decides to apply the order, the procedure to withdraw in the construction, the government ' s decree, the decision of the Prime Minister.
4. Normally the Provincial People 's Assembly decided to apply the application of the sequence, procedure shortfall in construction, enact resolution of the Provincial People' s Council; Chairman of the Provincial People ' s Committee decided to apply the sequence, the procedure to pull out in construction. set up the decision of the Provincial People ' s Committee.
What? 148. The sequence, the procedure for construction, promulgation of the rule of law in accordance with the order, the procedure is shortened.
The construction, enacted laws, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly, the order, the decision of the President, the Government 's decree, the decision of the Prime Minister, the resolution of the Provincial People' s Council, decided. The order of the Provincial People's Committee on the order, the procedure is implemented as follows:
1. The presiding authority organized the drafting of the drafting;
2. The drafting chairs can be held to take the opinion of the agency, the organization, the individual with regard to the draft text. In the event of an opinion, the deadline is less than 20 days.
3. In the 7-day period since the date of receiving the draft text, the appraisal agency has the responsibility of the appraisal, the presiding body of the judge is responsible for the draft of the draft text.
The case of the appraisal consists of the program and the draft; the test profile includes the program, the draft, the appraisal report, and the program report, which continues the appraisal of the appraisal.
What? 149. Profile, sequencing, review procedure, through the text of the rule of law according to the sequence, the procedure shortened.
1. The review file, through the text that rules the law according to the order, the withdrawal procedure is specified as follows:
a) A bill for the bill of the law, draft resolution of the National Assembly, the ordinance project, the draft resolution of the Standing Committee of the National Assembly, the draft resolution of the Provincial People's Council to include the bill, the draft, the inquiry report;
b) The draft order filing, the draft of the decision of the President of the country including the bill, the draft;
c) The draft plan of the Government 's decree, draft the decision of the Prime Minister, to draft the decision of the Provincial People' s Committee to include the sheet, the draft, the appraisal report.
2. Viewer of the review, through:
a) Congress review, through the draft law, draft the resolution of the National Assembly at the most recent session according to the order stipulated at Article 74 of this Law;
b) The Standing Committee of the National Assembly review, through the draft of the ordinance, draft the resolution of the Standing Committee of the National Assembly at the nearest session according to the order stipulated at 1 Article 77 of the Law;
c) The president of the review, the signing of the executive order, decided immediately after receiving the draft order, the decision to follow the order specified at Article 81 of this Law;
d) The government considers, through the draft decree at the nearest session according to the order stipulated at Article 96 of this Law;
The Prime Minister considers, signing the decision immediately after receiving a draft of the text in a self-regulation at Article 100 of the Law;
e) the Provincial People ' s Council considers, through the draft resolution at the nearest session according to the order stipulated at Article 126 of this Law;
g) the Provincial People ' s Committee considers, through the draft decision at the nearest session according to the order stipulated at Article 132 of this Law.
THE EFFECT OF THE TEXT OF THE RULE OF LAW, THE PRINCIPLE
APPLICATION, PUBLIC LAW
What? 150. Post of law-breaking text report
1. The legal statute of the offices of the central authority must be published in the National Socialist Republic of Vietnam, except for the case of a state-secret content.
2. The legal statute of the People's Assembly, the Provincial People's Committee, the local government in the administrative unit-the special economy must be posted to the Provincial Public Office.
3. The law-breaking text of the People's Assembly, the District People's Committee, the township must be publicly listed and must be reported on local media. The time and place of the public listing was made by the Chairman of the People ' s Commission on the same level.
4. In the 03-day period since the date of publication or the issue, the agency, who has the authority to enact legislation that rules the law must send the text to the Public Press agency to post a public report or list.
The Office of Public Affairs is responsible for posting the law of the law on the Supreme Court as of 15 days for the statute of the law issued by the central authorities, 7 days for the law of law, by the Council of the People, the Committee. the provincial population, the local government in the executive order-the special economy issued since the date received text.
5. The law of the rule of law posted in the Print Press and Electronic Public Works is the official and valid text as the original text.
6. The government provides for the Public Prosecation and Listing of the law.
What? 151. The validity of the statute of the law.
1. The timing of the effect of the whole or partial text of the rule of law is regulated at that text but no earlier than 45 days from the date of passage or the issue of the executive with the legal rule of the central state authority; not earlier. Ten days from the date of the issue to the text of the rule of the People's Assembly; the People's Committee of the Provincial Committee; no earlier than 7 days from the date of the issue to the law of the People's Assembly, the District Committee of the District, and the department.
2. The law of the rule of law issued by the order, the withdrawal procedure may be valid since the day through or signed, and must be posted immediately on the agency's electronic information portal and must be covered in the media. Public information; posting the announcement of the Vietnam Socialist Republic or Provincial Public Works, the slog central city is behind 3 days from the date of publication or signing.
What? 152. The effect returns to the front of the law.
1. Only in case it is necessary to secure the common interests of the society, implement the rights, the interests of the organization, the individual prescribed in the law, the resolution of the National Assembly, the law of the rule of the new central authority to be effectively regulated. Go back.
2. Not to be given the effect of return to the previous case for the following cases:
a) Regulation of new legal responsibility for behavior that at the time of execution of that behavior law does not rule on legal liability;
b) Regulation of heavier liability.
3. The copyright law of the People's Assembly, the People's Committee of the Nations, the local government in the administrative unit-the special economy is not regulated by force forward.
1. The law of the rule of law departs all or in part until the decision-making decision of the state agency has jurisdiction in the following cases:
a) A suspension of the procedure in paragraph 3 Article 164, paragraph 2 Article 165, paragraph 2 and paragraph 3 Articles 166, paragraph 2 and paragraph 3 Article 167 of this Law. When the state agency has jurisdiction over the decision to repeal, the text expires; if the decision is not made, the text continues to be valid;
b) The authority to enact legislation that enacted legislation determines the validity of that text in a certain term to address economic-social problems.
2. The period of disabling, continuing to have the effect of the text or the full effect of the text must be specified in the text of the rule of law of the competent state agency.
3. The decision to suspend the execution, the decision to process the text of the rule of law must post the paper, which reports on the slowest news media is 3 days from the date of the decision.
What? 154. The legal case of law is out of force.
The text of the law is full of full effect or in part in the following cases:
1. The expiration of the statute of limitations has been specified in the text;
2. Being modified, added or replaced by the new law of the government of the state government issued that text;
3. Being abolished by a text of the state authority has jurisdiction;
4. The law of the rule of law expires, and the text of the law rules the rules of the law, and the text is in effect.
1. The legal rule of the central state agencies is valid within the country and is applicable to all agencies, organizations, individuals, except for the legal case of the law of the state authority on the basis of authority or treatment. The international convention in which the Socialist Republic of Vietnam is another regulated member.
2. The copyright law of the Council of the People, the People's Committee in which administrative unit is valid within that administrative unit, and must be specified in that document.
Where there is a change in administrative boundaries, the validity of space and the applicable object of the local government's laws are defined as follows:
a) The case of a separate administrative unit divided into many new administrative units at the same level, the Law of the People's Council, the People's Committee of the Executive Order, is divided still valid for the new administrative unit until the Council of Nations. The People's Committee, the People's Committee of the New Administrative divisions, promulgated the rule of law.
b) The case of many administrative units being entered into a new administrative unit of the same level is the copyright law of the People's Council, the People's Committee of the Entered Administrative Unit still valid for that administrative unit until the Council of Nations. The People's Committee, the People's Committee of the New Administrative divisions, promulgated the rule of law.
c) The case of partial and residential part of the administrative unit is adapted to another administrative unit that the text of the law of the People's Council, the People's Committee of the Administrative Order, is extended to be valid for the portion and the department. The population is adjusted.
What? 156. Apply the law to the law.
1. The law of the rule of law applied from the time of start is in effect.
The law of the rule of law is applied to the behavior that occurs at a time when that text is in effect. In the case of the rule of law that the law of law comes forward, it applies to that regulation.
2. In the case of different rules of law that rules differently on the same problem, the text applies to a higher legal effect.
3. In the case of legislation that rules the law by the same regulatory agency on the same issue that applies the provisions of the applicable law to the latter.
4. In the case of a new rule of law that does not rule on legal liability or the regulation of a lighter legal liability for the behavior that occurs, prior to the effective text date, the new text applies.
5. The adoption of the law of the rule of law in the country is not hindered by the implementation of the international treaty that the Socialist Republic of Vietnam is a member. In the case of the state law of law in the country and the international wish that the Socialist Republic of Vietnam is a valid member of the same issue applies the provisions of that international treaty, except for the Constitution.
What? 157. Register and file law-breaking text
The text of the rule of law by state agencies in the center, the People's Assembly, the Committee on the People's Committee must be published on a national database of the slowest law of the slowest law of 15 days from the date of publication or the signing of the news. Popular media, except for documents that are classified by state secrets in accordance with the laws of state secrecy.
The text of the rule of law posts on the basis of national data on the law has official use values.
EXPLAIN THE CONSTITUTION, THE LAW, THE ORDINANCE
What? 158. Cases and principles that explain the Constitution, law, ordinance.
1. The interpretation of the Constitution, the law, the ordinance is made in the case of the provisions of the Constitution, the law, the ordinance has different ways of understanding in the implementation.
2. The interpretation of the Constitution, the law, the ordinance must ensure the following principles:
a) True to the spirit, the purpose, the request, the commanding point of the direction of the Constitution, the law, the ordinance;
b) In accordance with the content, the language of the Constitution, the law, the ordinance;
c) Not modified, added or set new regulation.
What? 159. The authority recommended explaining the Constitution, law, ordinance.
1. Country President, National Council, Committee of the National Assembly, Government, Supreme People 's Court, Supreme People' s Examination Institute, State Audit, the Central Committee of the Fatherland Front of Vietnam, the central body of the organisation ' s membership of the Front and the university. The Congress has the right to offer the Standing Committee of the National Assembly to explain the Constitution, the law, the ordinance.
2. The Standing Committee of the National Assembly on its own or on the recommendation of the agencies, the organization, the Congress of Congress stipulated at this one Article determines the interpretation of the Constitution, the law, the ordinance.
What? 160. The procedure, the procedure explaining the Constitution, the law, the ordinance
1. Depending on the nature, the content of the issue needs to be explained, the Standing Committee of the National Assembly, the Supreme People 's Court, the Supreme People' s Examination Institute, the National Council, the Committee of the National Assembly drafting the draft resolution explaining the Constitution, the law, the ordinance of the Standing Committee of the National Assembly.
The Standing Committee of the National Assembly of the National Assembly or the Committee of the National Assembly of Congress is investigating the suitcases of the draft resolution explaining the Constitution, the law, the ordinance to the spirit and the content of the explained text.
2. The Standing Committee of the National Assembly review, through the draft resolution explaining the Constitution, the law, the ordinance according to the following sequence:
a) The assigned body representative prepared to draft resolution explaining the presentation and reading the entire draft;
b) The body representative presiding over the inquiry presented the inquiry report;
c) The agency, organization, individual invited to attend the consultation session,
d) The Standing Committee of the National Assembly discussed;
The chairman of the session concludes;
e) the Standing Committee of the National Assembly to vote;
g) The Speaker of the National Assembly signs the resolution explaining the Constitution, the law, the ordinance.
What? 161. Post in Public Affairs, post and file resolution of the Standing Committee of the National Assembly explaining the Constitution, law, ordinance
1. The resolution of the Standing Committee of the National Assembly explains the Constitution, the law, the ordinance must be posted in accordance with the provisions at Article 150 of this Law, which posts on the National Assembly of the Electronic Information Portal and post, reported in accordance with Article 157. of this law.
2. The resolution of the Standing Committee of the National Assembly explains the Constitution, the law, the ordinance applied along with the interpreted text.
SURVEILLANCE, CHECK, DOCUMENT PROCESSING.
What? 162. Legal oversight of the law.
1. The law of the rule of law must be monitored by the state authority under the rule of law.
2. The monitoring of the law of the rule of law is conducted to detect contrary content with the Constitution, law, text of the upper state agency or no longer fit to promptly suspend the enforcement, amendment, addition or repeal of a partial or partial repeal. the entire text, simultaneously handling the authority or the organ petition have the authority to handle the agency, the individual who issued the law of the law.
What? 163. Document monitoring of the text of the law
1. The suitcase of the text with the Constitution, the law and the text of the rule of the upper state authority.
2. The conformation of the form of text with the content of that text.
3. The suitcase of the text content with the authority of the executive authority of the text.
4. The unity between the law of law that is present with the text of the new law of law is issued by the same agency.
What? 164. Surveillance, criminal justice processing law with signs of law.
1. Congress, the Standing Committee of the National Assembly, the National Council, the Committee of the National Assembly, the National Assembly, the People's Assembly, the Standing Committee of the People's Assembly, the Board of the People's Assembly, the People's Assembly, the Council of People's Board of Supervisor, which oversees the text of the law.
2. Congress repel the rule of law of the President, the Standing Committee of the National Assembly, the Government, the Prime Minister, the Supreme Court Justice Council, the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for Human Services. State audits against the Constitution, the law, the resolution of Congress.
3. The Standing Committee of the National Assembly suspended the enforcement of the government 's constitution, the Prime Minister, the Supreme People' s Court of Appeals, the Chief Justice of the Supreme People 's Court, the Supreme People' s Auditor General, the General Auditor General. The state of the state, with the Constitution, the law, the resolution of the National Assembly, and the Congress of Congress, decided to abolish that document at the most recent session; abolish the government's rule of law, the Prime Minister, the Supreme Court Justice Council, the Chief Justice of the Supreme Court. The Supreme People 's Court, the Supreme People' s Auditor General, General Auditor General of the State Audit with the ordinance, the resolution of the Standing Committee Parliament; abolition of the rule of law-the law of the Council of the People's Provincial Council with the Constitution, the law, and the text of the law of the state authority.
4. The People ' s Council repel the law of the law of the Committee on the same level, the text of the rule of the People's Council on the left with its resolution, the copyright law of the state agency.
5. The procedure, the procedure to oversee the promulgation of the law of the rule of law, the legal process of law that has the legal insignations of law is carried out in accordance with the laws of the law on the oversight of the National Assembly and the People's Council.
What? 165. The government checks, the law of law has a legal effect.
1. The government checks the rule of law, which handles the law of the order of the ministry, the peer-to-peer agency, the Provincial People's Council, the Provincial People's Committee, the local government in the administrative unit-the special economy with a sign of the Constitution. France, the law and the law of the state office.
2. The Prime Minister considers, deciding to repeal or suspend the partial implementation or the full text of the Code of the Minister, the Premier of the equal body, the Provincial People ' s Committee, the local government in the administrative unit-the special economy. In contrast to the Constitution, the law and the text of the law of the state office above; the suspension of partial or entire resolution of the Council of the People's People's Republic of the provinces, the laws and the laws of the state office. Above all, at the same time offer the Standing Committee of the National Assembly to repeal.
3. The Justice Department helps the Government to carry out the inspection, processing of the code of law of the ministry, the peer-to-peer agency, the People 's Council and the Provincial People' s Committee, local authorities in the administrative unit-economy particularly contrary to the Constitution, law and culture. The laws of the state office.
For the resolution of the Provincial People 's Council contrary to the Constitution, the law and the law of the state agency' s legal rule above have been suspended by the Government of the Government, the Ministry of Justice chaired, in coordination with the Office of Government and ministries, authorities said. The official peer-to-peer review of the Prime Minister's report is considering the motion to dismiss the National Assembly for the Standing Committee.
4. The government regulates the details of the examination, the legal process of law that has the legal signs of law by the Minister, the Prime Minister, the People's Council, and the Committee on the People's Committee.
What? 166. The Minister, the head of the body of peer-to-peer, the law of law, has a legal effect on the law.
1. Minister, the head of the peer-to-peer agency has the responsibility to examine the law of the rule of law issued by itself and by the ministry, the peer agency, the People 's Council and the Provincial People' s Committee issued on the industry-related content, the sector due to its in charge.
Upon the discovery of the law of the law, the Minister, the chief minister, has the responsibility to abolish the part or the entire text.
2. The minister, the chief minister of the field administration, the field has the right to recommend the Prime Minister to suspend the enforcement of the execution, abolish the law of the Minister 's law, the other top agency chief, the Provincial People' s Committee, the local government. The executive order in the executive unit-in particular, in particular, the law of the law, the sector, is in charge; the Prime Minister recommended that the Standing Committee of the National Assembly to abolish the laws of the People's Provincial Assembly. The law of the industry, the field of charge.
3. The case of the Code of Statutes of the Minister, the Premier of the Equal Authority, the Provincial People ' s Committee, the local government in the administrative unit-the special economy has the rule of law that is not processed by regulation at paragraph 1 and paragraph 2. This led the Minister of Justice to report the Prime Minister to suspend or abolish the law.
What? 167. The People 's Assembly and the People' s Committee inspect, processed the law of the law with signs of law.
1. The People's Council, the People's Committee, is responsible for self-examination of the laws of the law enacted; the People's Council, the People's Committee on the examination of the law of law, issued by the People's Council, the People's Committee, under the board.
Upon the discovery of the law of the law, the People's Council, the People's Committee, was responsible for the partial abolition of the text.
The chairman of the Provincial Committee of the Provincial People's Committee of the Provincial Committee of the Provincial Committee of the People's Committee of the People's Committee of the People's Committee.
The Chairman of the Committee of the People's Committee of the District People's Office of the National Committee of the People's Committee of the People's Committee of the People's Committee and the People's Committee of the People's Committee.
2. The chairman of the Provincial People 's Committee suspended the implementation of the legal legal resolution of the District People' s Assembly and recommended the Provincial People ' s Council to repeal.
The Chairman of the Committee of the People's Committee suspended the implementation of the law of the Council of the People's Council and recommended that the Council of the People rank the district abolished.
3. The Chairperson of the Committee on the Committee directly suspended the implementation, partially repel or the full text of the legal legal rule of the subordinate People's Committee.
UNITED STATES LEGAL, LEGAL.
SYSTEM OF LAW, SWEEPING, SYSTEMATIZATION.
COPYRIGHT LAW
What? 168. Merger of the text of the law.
1. The amended text of the amended law, the addition must be merged with the revised text of the amended law, complemcated to ensure a simple, clear, easy use of the law system, which is easier to use, to raise the effectiveness of law enforcement.
2. The merger of the legal rule of law is carried out by regulation, of the Standing Committee of the National Assembly.
What? 169. Legal system legal system
1. The state agency is about to arrange the laws of law in written law that are in effect, except for the Constitution, to build the Ministry of the Code.
2. The legal procedure of the rule of law is carried out by the provisions of the Standing Committee of the National Assembly.
What? 170. Scanning, the legal system of law.
1. The state agency within the scope of the mandate, its powers are responsible for sweeping, systematization of law-law-of-law; if found there are laws of law, contradicts, overlapping, inefficient or no longer in line with the development situation. Socioeconomic-social, social-economic, or petition with a state agency that has the authority to promptly suspend, repel, modify, replenelate, enact new text, or replace the text of the rule of law.
The agency, organization and citizens have the right to recommend the state authority to consider the suspension of the enforcement, abolition, amendment, addition, new writing or alternative text of the rule of law.
2. Text sweep activity must be conducted regularly, as soon as there is a text sweep base. Cultural systematization must be conducted periodically, in time for the publication of the statute of Cultural Domination of the law to be valid.
3. The Standing Committee of the National Assembly decides to scrutinate the legal system of law; state agencies decide to scrutinate themself, field, land-based addresses on the requirements of state management.
4. The government regulates this.
EXECUTION CLAUSE
What? 171. Make sure the source of the building, the text of the law.
The state has a policy of attracting, training, fostering, cadre layout, construction of construction, law-making, law enforcement, in accordance with the requirements, regulatory duties in this Law; modernization of the vehicle, technical infrastructure; and ensuring the funding for the operation. Policy-building, drafting, appraisal, interrogation, correcalization, completion and promulgation of the law.
The government regulates this.
What? 172. Performance Performance
1. This law took effect on July 1, 2016.
2. The federated information between ministries, peer-to-peer agencies, the directive of the Committee of the People's Committee, which is a document of the rule of law enacted before this Law Day, is valid, and continues to be valid until the text is abolished or replaced by a written document. Different laws.
3. The law promulging the rule of law number 17 /2008/QH12 and the Law enacted legislation that rules the law of the People 's Assembly, the People' s Committee. 31 /2004/QH11 The effect of this law is effective.
4. Rules of administrative procedure in the law of the rule of law due to the authority, who has the authority stipulated at paragraph 4 Article 14 of the Law enacted before this Law Day in effect, continues to be applied until being abolished in writing. other or otherwise replaced with new administrative procedures.
The National Assembly, the government, is responsible for regulating the provisions, which are assigned to the Law.
The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the ninth session through June 22, 2015.
President of Congress. |
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(signed) |
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Nguyen Gung Xiong |
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Order 07 /2015/L-CTN On the Publication Of Law
[ Schema -[ [ Properties -[ [ Download -[
- Issued Date: 06/07/2015
- Effect date: 06/07/2015
07.2015.L. CTN.doc 