Vietnam

Our Vietnam survey assistant describes the legislative process as follows:

The procedures for the issuance of laws, ordinances and regulations are
regulated by the Law on the promulgation of legal instruments which was
adopted by the National Assembly on 12 November 1996 (the Law) and
implementing Decree No.101 of the Government dated 23 September 1997
(Decree 101). Depending on their duties and authorities, state bodies are
entitled to issue certain kinds of legal documents. Set out below is a brief
description of the steps required to issue important legal documents such as
laws of the National Assembly, ordinances of the Standing Committee of the
National Assembly (Standing Committee) and decrees of the Government.
The National Assembly has authority to issue the constitution, laws and
resolutions and the Standing Committee is entitled to issue ordinances and
resolutions. The procedures for issuing laws and ordinances are relatively
similar and strictly stipulated by law. The National Assembly is responsible
for issuing the program on the elaboration of laws and ordinances as a basis
for competent state bodies to set up drafting committees in charge of the
elaboration of legal documents. During the drafting process, the ministries,
bodies at ministerial level and other bodies are responsible for providing
written comments on the bills and draft ordinances where such bills and
draft ordinances relate directly to their functions and duties. In particular, the
Ministry of Justice is responsible for evaluating all bills and draft ordinances
before they are submitted to the National Assembly or Standing Committee.
Before being submitted to the National Assembly or Standing Committee,
bills and draft ordinances must also be evaluated by the evaluating agencies
including the Council on Nationalities and other Commissions of the
National Assembly. Bills must also be reported to the Standing Committee.
Bills and draft ordinances may be subject to public comments if the Standing
Committee considers it necessary. Bills and draft ordinances are only passed
on the basis of a simple majority, and must be promulgated by the President
within 15 days from the date on which the laws and ordinances were passed.
The Government is entitled to issue resolutions and decrees based on
proposals of ministries and other bodies at ministerial level to implement
laws and ordinances and is responsible for requiring relevant bodies to set up
a drafting committee. It should be noted that before a decree is approved and
signed by the Prime Minister it must be evaluated by the Ministry of Justice
to ensure the constitutionality and legality of the document in the legal
system. In respect of other subordinate legal documents such as circulars or
decisions of ministries, their issuance must comply with provisions of the
Law and Decree 101. The procedure involves the setting up a drafting
committee, obtaining comments from the Ministry of Justice and obtaining
approval and signature of such documents by the relevant body.