Application for law/ordinance formulation in Vietnam

Application for law/ordinance formulation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on seeking opinions about request for law/ordinance formulation in Vietnam 

Regulations on seeking opinions about request for law/ordinance formulation in Vietnam under Article 36 of the Law on Promulgation of legislative documents 2015 are as follows:

- Agencies, organizations, and deputies of the National Assembly who make requests for law, ordinance formulation have the responsibility to:

+ Post the summary report, report on impacts of proposed policies on the information portal of the National Assembly if the request is made by Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, deputies of the National Assembly, or the information portal of the Government if the request is made by the government, and the information portal or the requesting agency/organization for at least 30 days.

+ Seek opinions from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Justice, relevant organizations, entities under the direct impacts of proposed policies, and solution for implementation of such policies in the request for law/ordinance formulation. Hold a meeting to seek opinions about basic policies in the request for law/ordinance formulation where necessary;

+ Consider, explain, aggregate opinions; post the report on receipt of opinions (hereinafter referred to as feedback report) on the information portal as prescribed in Clause 1 Article 36 of the Law on Promulgation of legislative documents 2015.

- Within 15 days from the receipt of request for opinions, the enquired agencies/organizations must provide their opinions in writing;

The Ministry of Finance shall send a report on financial sources, the Ministry of Home Affairs shall send a report of assessment of human resources, the Ministry of Foreign Affairs shall send a report on compatibility with relevant international agreements to which Socialist Republic of Vietnam is a signatory;

The Ministry of Justice shall send a report on constitutionality, legitimacy, and consistency of the request for law/ordinance formulation with the legal system to the requesting agency, organization, or deputy of the National Assembly.

2. Application for law/ordinance formulation in Vietnam

According to Clause 1, Article 37 of the Law on Promulgation of legislative documents 2015 (amended 2020), an application for law/ordinance formulation consists of:

- A description of the request for law/ordinance formulation which specifies the necessity of such law/ordinance; purposes and viewpoints on the law/ordinance formulation; entities regulated by the law/ordinance; targets, contents of proposed policies, solution for implementation thereof, and reasons for choosing such solution;

Estimated resources and conditions for ensuring implementation of the law/ordinance after it is ratified by the National Assembly or Standing Committee of the National Assembly; intended time for submitting to the National Assembly or Standing Committee of the National Assembly for consideration and ratification;

- Report on assessment of impact of proposed policies;

- Report on implementation of law or social relationships related to the request for law/ordinance formulation;

- A report on receipt of opinions from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Justice, and other agencies; photocopies of the enquiry sheets;

- The outline of the draft law/ordinance.

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