Nghị quyết 106/2020/QH14 chương trình xây dựng luật, pháp lệnh năm 2021

RESOLUTION

On promulgating the law and ordinance making program for 2021, amending the law and ordinance making program for 2020

_________

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13;

Pursuant to the Law on Promulgation of Legal Documents No. 80/2015/QH13;

After considering the Report No. 529/TTr-UBTVQH14 dated May 18, 2020 of the National Assembly Standing Committee, on proposing the law and ordinance making program for 2021, amending the law and ordinance making program for 2020, the Report No. 547/BC-UBTVQH14 dated June 09, 2020 of the National Assembly Standing Committee, on explaining, accepting and revising the Draft Resolution on the law and ordinance making program for 2021, amending the law and ordinance making program for 2020;

RESOLVES:

Article 1. To amend the law and ordinance making program for 2020

1. To add the following projects and drafts to the law and ordinance making program for 2020:

a) The Law on Road Traffic (amended) (commented at the 10th session);

b) The Law on Drug Prevention and Control (amended) (commented at the 10th session);

c) The Law on Amending and Supplementing a Number of Articles of the Law on Trade Union (commented at the 10th session);

d) The National Assembly’s Resolution on participating the United Nations Peacekeeping (commented and approved at the 10th session according to the process at a meeting);

dd) The Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution (amended).

2. To adjust the time for submission of the draft Law on Emulation and Commendation Law (amended) from the 10th session of the 14th National Assembly (October 2020) to the 2nd session of the 15th National Assembly (October 2021).

Article 2. The law and ordinance making program for 2021

1. At the 11th session of the 14th National Assembly (March 2021):

a) To propose the National Assembly to pass: 04 projects

1. The Law on Road Traffic (amended);

2. The Law on Drug Prevention and Control (amended);

3. The Law on Amending and Supplementing a Number of Articles of the Law on Trade Union;

4. The Law on Amending and Supplementing a Number of Articles of the Law on HIV/AIDS Prevention and Control.

b) To submit to the National Assembly for comments: No project.

2. At the 1st session of the 15th National Assembly (July 2021):

a) To propose the National Assembly to pass:

1. Resolution on the law and ordinance making program for 2022.

b) To submit to the National Assembly for comments: No project.

3. At the 2nd session of the 15th National Assembly (October 2021):

a) To propose the National Assembly to pass: No project.

b) To submit to the National Assembly for comments: 06 projects

1. The Law on Mobile Police;

2. The Law on Cinematography (amended);

3. The Law on Insurance Business (amended);

4. The Law on Inspection (amended);

5. The Law on Emulation and Commendation (amended);

6. The Law on Amending and Supplementing a Number of Articles of the Law on Intellectual Property.

Article 3. Implementation organization

1. Competent agencies, organizations and individuals shall uphold their responsibilities, strictly implement the law and ordinance making programs decided by the National Assembly, strengthen discipline, ensure full compliance with the Law on Promulgation of Legal Documents in law formulation; a project or draft without sufficient dossiers, documents or failing to ensure quality and progress shall not be submitted to the National Assembly or the National Assembly Standing Committee; review, determine the causes and responsibilities for not completing the assigned drafting tasks, delaying or withdrawing the project or draft from the program to report to the National Assembly, the National Assembly Standing Committee, and at the same time, take measures to handle this situation towards an end.

2. Upon making draft legal documents, drafting agencies and submitting agencies must strictly comply with Clause 2, Article 12 of the Law on Promulgation of Legal Documents; review issued documents in order to detect and handle differences between documents in force and documents expected to be promulgated, avoid contradictory or overlap. To increase operational efficiency of Drafting Board and members of Drafting Board. To strictly and seriously comply with the Law on Promulgation of Legal Documents in organizing and collecting opinions, giving and receiving comments on projects, drafting, and mobilize the participation of experts and scientists, avoiding formality. To promote responsibilities in the coordination of receiving comments, revising projects and drafts to be submitted to the National Assembly and the National Assembly Standing Committee.

The Ministry of Justice and the National Assembly’s Legal Commission shall promote their responsibilities in appraising, verifying and coordinating with relevant agencies in ensuring the constitutionality, legality and uniformity of drafts and the legal system; promptly discover and handle contradictory and overlap in drafting, appraising and verifying documents.

3. The Government shall spend adequate time discussing and commenting on projects and drafts submitted to the National Assembly or the National Assembly Standing Committee; the Standing Government shall take measures to direct, urge and inspect the ministries and branches assigned to preside over the drafting, and the Drafting Boards to ensure the quality and progress of projects and drafts; in the process of coordinating explanation, taking over and adjusting, if there are opinions different from those of the National Assembly Standing Committee, they shall report to the National Assembly for consideration and decision; direct relevant agencies to urgently study to propose the National Assembly to include in the program amending, supplementing and promulgating new laws, ordinances and resolutions in order to promptly institutionalize the Party’s guidelines and resolutions, strategies for building and perfecting the legal system, implement the plans for the implementation of the Constitution, overcoming problems and shortcomings, meeting the requirements of development and integration of the country.

4. Ethnic Council and Committees of the National Assembly shall uphold the responsibility, take initiative and actively participate in verifying contents of projects and drafts related to the fields they are in charge of and contribute to improve the quality of the document. To strengthen responsibility and close coordination between the agency in charge of verification with the agency participating in the verification, the Standing Legal Committee, the drafting agency, the Ministry of Justice and relevant agencies in the acquisition and amendment to the draft; follow up and urge the preparation of projects and drafts in the fields to be in charge and supervise the implementation of such documents after they are approved.

5. The parliamentary delegation and the National Assembly deputies shall spend their adequate time studying and receiving comments from local agencies and organizations, experts, scientists and voters, especially comments from those directly affected by such drafts or projects; organize the discussion and participate in commenting for the completion of projects and drafts.

6. The National Assembly Standing Committee shall direct the National Assembly’s Secretary General to promptly summarize comments from the National Assembly deputies (discussing in group) on law projects and draft resolutions; the submitting agency shall urgently submit the research, make preliminary explanations, clarify issues that are of interest to the National Assembly deputies to provide information, serving the discussion for high efficiency. To enhance the research capacity of the National Assembly’s agencies, and agencies under the National Assembly Standing Committee and the National Assembly Office in order to meet requirements on law formulation of the National Assembly and the National Assembly Standing Committee.

7. The National Assembly Standing Committee, Government and relevant agencies, organizations and individuals shall closely coordinate in effectively implementing this Resolution.

This Resolution was adopted on June 10, 2020, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 9th session.

Chairwoman of the National Assembly

Nguyen Thi Kim Ngan