Bài tập học kỳ tiếng anh pháp lý đề bài process of creating a new law invietnam

+ State agencies, social organizations and citizens, on the basis of their awareness, if they find the necessity to a new law, can introduce legal initiatives to competent entities, in t

BỘ TƯ PHÁP TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI

BÀI TẬP HỌC KỲ

MÔN:

TIẾNG ANH PHÁP LÝ

ĐỀ BÀI:

PROCESS OF CREATING A NEW LAW IN

VIETNAM

Hà Nội, 2021

TABLE OF CONTENTS

A, INFORMATION SECTION 1

B, CONTENT 2

I, PROCESS OF MAKING LAW IN VIET NAM: 2

1, Bill in Viet Nam: 2

2, Process of making law in Viet nam: 2

2.1, ESTABLISHING A LAW- MAKING PROGRAM: 3

2.2, DRAFTING BILL: 6

2.3, DISCUSSING, REVISING, APPROVING BILL: 7

2.4, PUBLISH AND POST LAW: 11

II, COMPARISON BETWEEN VIET NAM AND THE UNITED KINGDOM 11

1, Process of making law in the United Kingdom 11

2, The similarities and the differences in the process of creating a new law between Viet Nam and the United Kingdom 12

2.1, Similarities 12

2.2, Differences 12

A, INFORMATION SECTION

- Topic : Process of creating a new law in Vietnam

- Group : 02

- Class : N12.TL2

- Group member/ role:

1, Vũ Hạnh Linh 462434 : Leader

2, Trần Ngọc Minh 462438 : Member

3, Bùi Phương Mai 462435 : Member

4, Phạm Thị Thủy 462450 : Member

PREAMBLE

In this project, we strive to showcase our understanding of the law-making process in Viet Nam Viet Nam, as a nation, is thriving day by day and our law system should represent what we are capable of - fair, updated and precise As freshmen of HLU, we believe that in order to succeed as lawyers, we, whether or not we choose to work in the government, should all have a certain level of understanding of how a law in our country is generated and the heavily detail-oriented steps we have to go through in order to perfect our law system Through our project, we hope to provide a thorough and competent presentation of the process of creating a new law in Viet Nam and emphasise its crucial role in our law system specifically and our country as a whole

B, CONTENT

I, PROCESS OF MAKING LAW IN VIET NAM:

1, Bill in Viet Nam:

- What is a bill ?: Bill is a draft of a legal document submitted to the

National Assembly for consideration and approval into law by state agencies, organizations and individuals with statutory authority

- Features of the bill:

+ First: The bill is developed by many competent actors in different

stages of the law-making process Regarding law-making, it is not just about an agency, organization or individual to submit a bill for approval and get it approved

by the National Assembly, but it is a complicated process

+ Second: A law project is formulated according to a prescribed order

and procedure The process of formulating a bill is regulated by the law on

promulgation of legal documents

+ Third: The bill contains the expected legal regulations governing basic

and important social relations The bill is a precursor to the law, based on scientific research on social relations and science on law-making to make appropriate rules

of conduct, anticipating the possibility of an impact compatible with the law

adjusted social system

+ Fourth: The bill is systematic and complete in terms of structure and

form in a field of social relations adjustment (compared to the draft resolution, draft Decree, draft circular )

2, Process of making law in Viet nam:

- Including 4 steps:

+ Establishing a law- making program

+ Drafting bill

+ Discussing, revising, approving bills.

+ Publish and post law

2.1, ESTABLISHING A LAW- MAKING PROGRAM:

a Organizations or persons with the authority in the process:

- The President

- The Standing Committee of the National Assembly

- Ethnic Council

- The Committee of the National Assembly

- Supreme People’s Procuracy

- The State Audit

- The Central Committee The Vietnam Fatherland Front - The Central

agency of the member organizations of the Front

- More specifically, these organizations and persons have the right to submit

a law project to the National Assembly and the right to request to make a new law

b Process of making law in Viet Nam:

 Decision to initiate the program:

- In this stage, it is crucial to carry out activities such as recognizing the need for legal adjustment to social relations and to make decisions on the preparation of legal documents projects

- Recognize the need for legal adjustment to social relations

+ Competent entities must be aware of the need to establish new laws that adjust to the social relations and the social relations which arise objectively within

the society that requires legal adjustment, these thorough understanding will lead

to activities such as promulgation, amendments and the abolishment of regulations

or legal documents

+ State agencies, social organizations and citizens, on the basis of their awareness, if they find the necessity to a new law, can introduce legal initiatives to competent entities, in the case in which these initiatives are accepted, they will be included in a legal documents’ developing program

 Make a decision to prepare the legal document project:

- On the basis of suggestions, proposals and recommendations of

organizations and individuals with regards to the formulation of legal documents, competent state agencies shall gather, verify and if deemed appropriate, make decisions on the development of legal documents

- In the decision, a variety of information must be clearly stated, including the name of the document, an outline of the content, a list of individuals and

organizations held responsible for the document’s draft and the estimated time and budget needed for the promulgation of the document

- Competent state agencies are fully in charge of directing and

implementing the law-making program

 Preparations for the program:

- This stage includes the establishment of a drafting committee, a secretariat

to assist the drafting board; and the formation of an ideological model and a

structural model of the document, with the formal be based on the plan and

policies of the ruling force, concretizing the constitution and protecting the state and the nation’s interest, the latter be formed depending on the text’s content, it may consists a preface and is divided into sections, terms of points and a title is a must

- The drafting board is responsible for organizing the draft and the progress’ quality, they are in the service of the agency or organization in charge of the

drafting

- A list of tasks needed in the process:

+ Summarize the implementation of the law, evaluate the current legal documents related to the project; survey and assess the status of social relations related to the main content of the project or the draft If necessary, a request to concerned agencies or organizations for the summarisation and evaluation of

implementation of legal provisions in the fields related to the project’s content is possible

+ Organize impact assessment and develop reports impact assessment of draft legal documents The content must state the issues to be solved and the

solution for each of them, pros and cons of each solution and comparison of costs and benefits

+ Conduct research for information, documents and international treaties

to which the country is party related In case of necessity, request concerned

agencies, organizations and individuals to provide documents and information related to the project or draft If possible, use similar experiences of countries around the world with law-making as case studies

+ Consult relevant agencies and organizations on the project, conduct research and receive constructive comments

+ Research and receive opinions of relevant agencies

+ Prepare drafts, reports, detailed explanation of the program; report, explain and receive opinions from agencies Organizations and individuals; impact assessment report of the document, etc

+ Prepare basic contents and issues still under argument to report to

competent authorities for further consideration and final decision

2.2, DRAFTING BILL:

 Drafting a law project:

 To make a proposal for the formulation of the law

 The formulation of the proposed legal proposal shall be stipulated as follows:

- Formulate policy contents, impact assessment of policies belonging to

Agencies and organizations

- Proposal agency to take responsibility for the request for law

formulation

- Appraisal of proposals for formulation of law

- Through the proposal for construction: Government to consider the

proposal for the formulation of the national assembly' s law Provincial people' s

committee to consider and approve the proposal of the people' s council' s

resolution

- The government' s proposal for law formulation program

- Preparation and appraisal of projects and draft documents

 The ministry of justice to assume the prime responsibility for, and

coordinate with Government office drafting and submitting to the prime minister for promulgation decision on assignment of the drafting agency Ministers, heads

of ministerial - level agencies establish drafting boards in cases where ministries

and ministerial - level agencies are assigned to lead the drafting

 Ministries, ministerial - level agencies the drafting of legal documents

shall be responsible for proposing and making lists of detailing documents

 The ministry of justice and justice department to be responsible for

receiving, synthesizing proposals for making lists of detailing documents,

considering and deciding on the list of detailing documents

 In the course of drafting, appraising, verifying, considering and giving

opinions on draft resolutions, if any new policies are proposed, agencies,

organizations and individuals proposing policies a report on the impact of the new

policy shall be built within 10 days from the date of the proposed new policy

 Handling of documents and draft legal documents in The government

office, the office of the provincial people' s committee.

 Lead agency to draft and coordinate with The ministry of justice, the

government office and relevant agencies to collect opinions from the government,

revise and finalize the project or draft document Ministers, heads of ministerial -

level agencies authorize the prime minister, on behalf of the government, to sign

the submission to the national assembly Prime minister to sign the decree after the

government approves

 Assessment of the project, draft law The ministry of justice, the legal

organization, the justice department.

2.3, DISCUSSING, REVISING, APPROVING BILL:

- The National Assembly considers and approves the BILL at one or two sessions of the National Assembly; In the case of a large bill with many

complicated articles and clauses, the National Assembly may consider and pass it

at three sessions.(Usually, each bill has to be passed in two sessions of the National Assembly, now we’re gonna go into details about what's happening in two

sessions

- Procedures for considering approval for a BILL in two sessions of the National Assembly.

- The National Assembly shall consider approving a law project or draft resolution after two meetings of the National Assembly in the following order

a At the first meeting:

 The representative of the proposing entity presents the project or draft document

 The representative of the inspecting agency presents the inspection report

 The National Assembly discusses the basic contents and issues in dispute

of the project or draft document at the general meeting Before being discussed at the general meeting, the project or draft document may be discussed by groups of deputies of the National Assembly

During the discussion, the representative of the submitting entity must

explain the issues raised by deputies of the National Assembly

 The National Assembly casts votes on important, major, and controversial issues of the project or draft document at the request of the Standing Committee of the National Assembly

The inspecting agency shall take charge and cooperate with the agency, organization, or member of the submitting entity, the secretary general of the National Assembly, and relevant organizations in assisting the Standing Committee

of the National Assembly in anticipating important, major and controversial issues

of project or draft document to be voted on by the National Assembly

 The Standing Committee of the National Assembly requests the secretary general of the National Assembly to aggregate opinions offered by deputies of the National Assembly and enquiry sheets as the basis for revision

b During the interval between two meetings of the National Assembly,

Standing Committee of the National Assembly shall direct the revision of the draft document in the following order:

 The inspecting agency cooperates with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations in revising the draft document and making a revision report The inspecting agency holds a meeting with the submitting entity, Standing Legal Committee, the Ministry of Justice, and relevant organizations to discuss the draft revision report and the revised draft document

If the submitting entity has dissenting opinions about the project or draft

document not submitted by the Government, the Government and the submitting entity shall submit a report to the National Assembly for consideration.

 The Standing Committee of the National Assembly sends the revised draft document and revision report to the deputy of the National Assembly, Ethics

Committee, and other Committees of the National Assembly at least 45 days

before the first meeting date of the National Assembly

 The Standing Committee of the National Assembly sends the revised draft document and revision report to the deputy of the National Assembly, Ethics

Committee, and other Committees of the National Assembly at least 20 days

before the first meeting date of the National Assembly

 The inspecting agency aggregates opinions offered by deputies of the National Assembly, Ethnic Committees, and other Committees of the National Assembly to cooperate with the submitting entity in revising the draft document and complete the revision report to be submitted to the Standing Committee of the National Assembly;

c At the second meeting:

 The representative of the Standing Committee of the National Assembly presents the revision report If the submitting entity has dissenting opinions about the project or draft document not submitted by the Government, the Government and the submitting entity shall submit a report to the National Assembly for

consideration

 The National Assembly discusses remaining controversial issues of the project or draft document

 The Standing Committee of the National Assembly directs the revision of the draft document

 At least 07 days before it is put to the vote, the draft document must be sent to the Standing Legal Committee to review and complete the format The Standing Legal Committee shall take charge and cooperate with the inspecting agency, representatives of the submitting entity in reviewing the constitutionality, legitimacy, and consistency of the draft document with the legal system

 The National Assembly cast votes on approval for the draft document If the draft document is still in dispute, the National Assembly shall cast votes on the remaining issues at the request of The Standing Committee of the National

Assembly before the draft document is put on the vote

 The President of the National Assembly signs the law or resolution of the National Assembly

In case the draft document is not approved or only partially approved, the National Assembly shall consider resubmitting it or approving it at the next

meeting as requested by the Standing Committee of the National Assembly.

2.4, PUBLISH AND POST LAW:

 The President of the Social Republic of Viet Nam announces the law