Nghị quyết 20/2011/QH13

RESOLUTION

ON THE LAW- AND ORDINANCE-MAKING PROGRAM OF THE XIII^th NATIONAL ASSEMBLY

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to Law No. 30/2001/QH10 on Organization of the National Assembly, which was amended and supplemented under Law No. 83/2007/QH11;

Pursuant to Law No. 17/2008/QH12 on Promulgation of Legal Documents;

After considering the National Assembly Standing Committee's Report No. 46/TTr-UBTVQH13 of October 27, 2011, on the tentative law- and ordinance-making program of the XIII^th National Assembly, and opinions of National Assembly deputies,

RESOLVES:

Article 1. To adopt the law- and ordinance-making program of the XIII"1 National Assembly with 85 draft laws and 6 draft ordinances under the official program and 38 draft laws and 3 draft ordinances under the preparatory program (according to the attached list).

Article 2. To assign the National Assembly Standing Committee and concerned agencies and organizations to concentrate on implementing the following solutions

1. The National Assembly Standing Committee shall assume the prime responsibility for, and closely coordinate with the Government and concerned agencies and organizations in, promptly organizing the implementation of the law- and ordinance-making program of the XIII^th National Assembly; and may, when necessary, adjust the program in accordance with the Law on Promulgation of Legal Documents. Bills and draft ordinances which are of poor quality and submitted without sufficient dossiers or behind the time limit as prescribed by law may not be included in National Assembly sessions' agendas.

The National Assembly Standing Committee shall organize symposia on draft laws and ordinances with unclear or controversial contents to collect opinions from full-time National Assembly deputies and other interested deputies before submitting them to the National Assembly.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy and bill- and draft ordinance-submitting agencies and organizations shall take responsibility before the National Assembly for directing and creating personnel, funding, time and other conditions for the elaboration of draft laws and ordinances so as to assure their quality and elaboration progress; put an end to the late submission of draft laws and ordinances to verifying agencies, the National Assembly Standing Committee and National Assembly deputies according to law; and promulgate documents detailing and guiding laws and ordinances in time so that these documents take effect concurrently with relevant laws and ordinances.

3. Drafting agencies shall observe the Law on Promulgation of Legal Documents, attaching importance to the review of realities and the elaboration of draft laws and ordinances as well as their explanatory reports which clearly present policies of these laws and ordinances; consult concerned agencies and organizations and stakeholders directly affected by draft laws and ordinances so as to assure feasibility, constitutionality, lawfulness and consistency within the legal system. Heads of drafting agencies shall take charge for the quality and progress of elaboration of draft laws and ordinances.

4. The Ethnic Council and Committees of the National Assembly shall, within the scope of their functions, tasks and powers, take the initiative in coordinating closely with and joining from the beginning bill- and draft ordinance-submitting agencies and drafting agencies in verifying and revising draft laws and ordinances. Verification reports must clearly express opinions of verifying agencies and agencies participating in the verification. The Ethnic Council or a Committee of the National Assembly, in the capacity as an agency participating in verifying a draft law or ordinance, shall verify and send written comments of the Council or Committee or its standing members on the draft law's or ordinance's contents falling under its management. In case there are divergent opinions on principal contents of a draft law or ordinance, the verifying agency shall coordinate with the bill- or draft ordinance-submitting agency and concerned agencies and organizations in reporting them to the National Assembly Standing Committee for submission to the National Assembly for discussion to serve the revision of the draft.

The Law Committee shall take responsibility before the National Assembly and the National Assembly Standing Committee for the constitutionality, lawfulness and consistency of the legal system; and lake the main charge of assuring the properness of legislative techniques applied to bills and draft ordinances submitted to the National Assembly for consideration and passage.

Delegations of National Assembly deputies and individual deputies shall reserve appropriate time to study, consult agencies, specialists and scientists, discuss and give comments on draft laws and ordinances. National Assembly deputies other than members of the Ethnic Council and Committees of the National Assembly may register to join the Ethnic Council or relevant Committees in the verification and revision of draft laws and ordinances.

5. The Standing Committee, Ethnic Council and Committees of the National Assembly, the Government, the Supreme People's Court and the Supreme People's Procuracy shall further consolidate their assisting bodies to be capable of discharging assigned legislative tasks; involve leading specialists and scientists in the elaboration, appraisal, verification, revision and finalization of draft laws and ordinances; and adopt appropriate financial mechanisms and supply sufficient information to serve legislative activities of the National Assembly.

6. The National Assembly Standing Committee and the Government shall promptly arrange funds for the implementation of the law-and ordinance-program of the XIII^th National Assembly.

This Resolution was adopted on November 26, 2011, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 2'"1 session.-

DRAFT LAWS AND ORDINANCES UNDER THE LAW- AND ORDINANCE-MAKING PROGRAM OF THE XIIITH NATIONAL ASSEMBLY

(Promulgated together with Resolution No. 20/2011/QHI3)

Consisting of 85 draft laws and 6 draft ordinances under the official program and 38 draft laws and 3 draft ordinances under the preparatory program

A. OFFICIAL PROGRAM

I. ORGANIZATION AND OPERATION OF INSTITUTIONS WITHIN THE POLITICAL SYSTEM

16 draft laws and 2 draft ordinances

Draft laws:

1. Law or Resolution Amending and Supplementing the 1992 Constitution

2. Law on Complaints

3. Law on Denunciations

4. Law on the Capital

5. Law on Organization of the National Assembly (amended)

6. Law on the Stale President

7. Law on Organization of the Government (amended)

8. Law on Organization of People's Procuracies (amended)

9. Law on Organization of People's Courts (amended)

10. Law on Organization of People's Councils and People's Committees (amended)

11. Law on Trade Union (amended)

12. Law on Vietnam Fatherland Front (amended)

13. Law on Supervisory Activities of the National Assembly (amended)

14. Law against Corruption (amended)

15. Law on Law Dissemination and Education

16. Law Amending and Supplementing a Number of Articles of the Law on Emulation and Commendation

Draft ordinances:

1. Ordinance on Consolidation of Legal Documents

2. Ordinance on Codification of the Legal System

II. HUMAN RIGHTS AND CIVIC RIGHTS TO FREEDOM AND DEMOCRACY

6 draft laws

1. Law on Civil Status

2. Law on Grassroots Conciliation

3. Law Amending and Supplementing a Number of Articles of the Law on Lawyers

4. Law on Citizen Identity

5. Law on Reception of Citizens

6. Law on Foreigners' Entry into, Exit from, and Residence in Vietnam

III. CIVIL AND ECONOMIC AFFAIRS

29 draft laws and 1 draft ordinance

Draft laws:

1. Law on Cooperatives (amended)

2. Law on Deposit Insurance

3. Land Law (amended)

4. Law on the State Budget (amended)

5. Law Amending and Supplementing a Number of Articles of the Electricity Law

6. Law Amending and Supplementing a Number of Articles of the Law on Tax Administration

7. Law on Public Investment and Procurement

8. Law on Prices

9. Civil Code (amended)

10. Law on Planning

11. Law on Urban Centers

12. Law Amending and Supplementing a Number of Articles of the Law on Personal Income Tax

13. Law on Real Estate Business (amended)

14. Law on Import Duty and Export Duty (amended)

15. Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax and the Law on Value Added Tax

16. Law on Excise Tax (amended)

17. Law on Charges and Fees

18. Law Amending and Supplementing a Number of Articles of the Accounting Law

19. Law on Bankruptcy (amended)

20. Securities Law (amended)

21. Law on Irrigation

22. Law on Animal Health

23. Customs Law (amended)

24. Construction Law (amended)

25. Housing Law (amended)

26. Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Traffic

27. Law Amending and Supplementing a Number of Articles of the Law on Vietnam Civil Aviation

28. Law Amending and Supplementing a Number of Articles of the Vietnam Maritime Code

29. Law on Water Resources (amended)

Draft ordinances:

1. Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange

IV. EDUCATION-TRAINING, SCIENCE-TECHNOLOGY, HEALTH, CULTURE-INFORMATION, SPORTS, ETHNIC AFFAIRS, RELIGIOUS AFFAIRS, POPULATION, FAMILY AND CHILDREN, LABOR AND SOCIAL POLICIES

21 draft laws and 1 draft ordinance

Draft laws:

1. Law on Tertiary Education

2. Law on Archives

3. Law on Measurement

4. Law on Advertisement

5. Labor Code (amended)

6. Law against Tobacco Harms

7. Law on Employment

8. Publishing Law (amended)

9. Law on Libraries

10. Law on Prevention, Control and Mitigation of Natural Disasters

11. Law Amending and Supplementing a Number of Articles of the Law on Science and Technology

12. Law Amending and Supplementing a Number of Articles of the Law on Atomic Energy

13. Law Amending and Supplementing a Number of Articles of the Law on Child Protection, Care and Education

14. Law Amending and Supplementing a Number of Articles of the Law on Vocational Training

15. Law Amending and Supplementing a Number of Articles of the Law on Social Insurance

16. Law on Labor Safety and Sanitation

17. Law on Minimum Wages

18. Law on Plant Protection and Quarantine

19. Law on Environmental Protection (amended)

20. Law Amending and Supplementing a Number of Articles of the Law on Health Insurance

21. Law Amending and Supplementing a Number of Articles of the Pharmacy Law

Draft ordinances

1. Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Preferential Treatment to Persons with Meritorious Services to the Revolution

V. DEFENSE, SECURITY AND SOCIAL ORDER AND SAFETY

13 draft laws and 2 draft ordinances

Draft laws:

1. Law on Handling of Administrative Violations

2. Law on Judicial Assessment

3. Law on Cipher

4. Law on Vietnam's Sea

5. Law on the Vietnamese People's Army

6. Law on the People's Public Security Force (amended)

7. Law on Defense and Security Education

8. Anti-Terrorism Law

9. Law on National Reserves

10. Penal Code (amended)

11. Criminal Procedure Code (amended)

12. Anti-Money Laundering Law

13. Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting

Draft ordinances:

1. Ordinance on Defense Work at Ministries, Ministerial-level Agencies, Government-Attached Agencies and Localities

2. Ordinance on the Mobile Police Force

B. PREPARATORY PROGRAM

38 draft laws and 3 draft ordinances

1. Law on Election of Deputies to the National Assembly and People's Councils

2. Law on Supervisory Activities of People's Councils

3. Law on Promulgation of Legal Documents (consolidated)

4. Law Amending and Supplementing a Number of Articles of the Law on Conclusion, Accession to and Implementation of Treaties

5. Law Amending and Supplementing a Number of Articles of the Law on Notarization

6. Law on Certification

7. Press Law (amended)

8. Law on Access to Information

9. Law on Associations or Law on Establishment of Associations

10. Law on Referendum

11. Law on Demonstration

12. Law on Management and Use of State Investment in Production and Business

13. Law on Fisheries (amended)

14. Law on Foreign Trade Management

15. Law on Asset Auction

16. Law Amending and Supplementing a Number of Articles of the Law on Execution of Civil Judgments

17. Law on Labor Procedures

18. Law on Statistics (amended)

19. Law Amending and Supplementing a Number of Articles of the Law on State Audit

20. Law on Metrology and Topography

21. Law on Meteorology and Hydrology

22. Law Amending and Supplementing a Number of Articles of the Law on Sports and Physical Training

23. Law on Population

24. Law on Blood Donation

25. Law Amending and Supplementing a Number of Articles on the Law on Youths

26. Law Amending and Supplementing a Number of Articles of the Law on Technology Transfer

27. Law against Liquor Harms

28. Law on Natural Resources, Marine Environment and Islands

29. Law Amending and Supplementing a Number of Articles of the Law on Marriage and Family

30. Law Amending and Supplementing a Number of Articles of the Law on Tourism

31. Law on Assurance of Social Order and Safety

32. Law on Organization of Criminal Investigation Agencies

33. Law on Protection of State Secrets

34. Law on Criminal Hunting

35. Law on Digital Information Safety

36. Law on Custody and Detention

37. Law Amending and Supplementing a Number of Articles of the Law on Residence

38. Law against Organized Crimes

39. Ordinance on Training for a Number of Judicial Titles

40. Ordinance on Fast-Track Civil Procedure

41. Ordinance on Handling of Administrative Violations in Procedural Activities of People's Courts.-