THE PRIME MINISTER OF GOVERNMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 10, 2007
PROMULGATING THE REGULATION ON EVALUATION OF BILLS AND DRAFT LEGAL DOCUMENTS
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 12, 1996 Law On Promulgation of Legal Documents and the December 16, 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;
Pursuant to the Government's Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;
At the proposal of the Justice Minister,
Article 1.- To promulgate together with this Decision the Regulation on Evaluation of Bills and Draft Legal Documents.
Article 2.-This Decision takes effect 15 days after its publication in "CONG BAO."
Article 3.-Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decision.
Nguyen Tan Dung
ON EVALUATING OF BILLS AND DRAFT LEGAL DOCUMENTS
(Promulgated together with the Prime Minister's Decision No. 05/2007/QD-TTg of January 10, 2007)
Article 1.-Evaluation of bills, draft legal documents
Evaluation of bills and draft legal documents (hereinafter collectively referred to as bills, drafts) means activities of examining and evaluating the contents and forms of bills and drafts in order to ensure the constitutionality, legality, uniformity and consistency of bills and drafts in the legal system.
Article 2.- Governing scope
1. This Regulation provides for the order and procedures of evaluating bills and drafts by the Justice Ministry and the Evaluating Councils (hereinafter collectively referred to as the evaluating bodies).
2. Bills, drafts subject to evaluation include:
a/ Bills, draft ordinances, draft resolutions submitted by the Government to the National Assembly, the National Assembly Standing Committee;
b/ Draft resolutions, decrees of the Government;
c/ Draft decisions, directives of the Prime Minister.
3. This Regulation does not apply to bills, draft ordinances and draft resolutions submitted by other agencies, organizations, National Assembly deputies to the National Assembly or the National Assembly Standing Committee, on which the Government shall give its comments.
Article 3.- Evaluation principles
The evaluation of bills and drafts must ensure the following principles:
1. Ensuring objectivity and scientificity;
2. Observing the evaluation order, procedures and time limit provided for by the Law on Promulgation of Legal Documents and this Regulation;
3. Ensuring coordination among relevant agencies.
Article 4.- Evaluation contents
The bill and draft evaluation covers the following contents:
1. The necessity to promulgate the documents;
2. The subjects and scope of regulation of bills, drafts;
3. The conformity of the contents of bills or drafts with the Party's lines, undertakings and policies;
4. The constitutionality, legality and consistency of bills, drafts with the legal system; the conformity of the contents of bills, drafts with treaties to which the Socialist Republic of Vietnam is a contracting party;
5. The feasibility of bills, drafts;
6. The compliance with the drafting order and procedures;
7. The document drafting languages, techniques.
Click Download to see full text