Government's Resolution on law-making
SOCIALIST REPUBLIC OF VIET NAM
Ha Noi, July 1, 2021
Of the thematic session on law-making, June 2021
Pursuant to the Law on the Organization of the Government dated June 19th, 2015;
Pursuant to the Government’s Decree no. 138/2016/ND-CP dated October 1st, 2021 on issuing the Government’s working regulations;
On the basis of the discussions that took place between the Government’s members, and the conclusion of the Prime Minister at the Thematic session on law-making, hosted on June 29th, 2021;
The law-making work - which involves the building of institutions, is one of the three strategic breakthroughs, and a key task in the upcoming period. The Government directs Ministers; Heads of ministerial-level agencies; Government-attached bodies together with Chairpersons of People’s Committees at all levels to focus on the refinement of institutions and the legal system in accordance with the Resolution of the Party’s 13th National Congress. Ministries and agencies need to be proactive, innovative and resolute in order to radically rectify the shortcomings in the lawmaking process and tighten discipline in public administration, clarifying the responsibilities of each units and individualizing personal responsibilities - especially the responsibilities of leaders, thereby creating positive changes in the fulfillment of tasks, while also raising the quality and effectiveness in the activities of ministries and organs involved in lawmaking related tasks.
In particular, the Government resolves that:
1. Regarding the project to formulate Law on Mobile Police
The Government agreed on the necessity of a project to formulate the Law on Mobile Police, along with its overall content - which was built upon the foundation of the current Ordinance on Mobile Police, as this Law shall continue the process of institutionalizing the Party’s guidelines on building a regular, elite and modern mobile police force, thereby refining the legal framework; creating a solid foundation so that the Mobile Police force could effectively carry out its assigned functions, tasks and powers; satisfying the needs of constructing and perfecting the law-governed socialist state; contributing to the protection of national defense, social order and public safety in addition to meeting our country’s needs for renewal, development and integration under new conditions.
The Government has come to an agreement on some of the important ideas mapped out in the project to formulate this Law:
- This Law shall not contain provisions on the organizational structure of the Mobile Police force. Instead, the legislation shall only have provisions on the general organizational principles of the Mobile Police - which include the Mobile Police High Command and the Mobile Police forces under the management of the Provincial Public Security organs;
- There shall be specific and rigid provisions on the situations where the Mobile Police forces are allowed to bring weapons, supporting equipment and other professional technical devices onto airplanes and ships;
- With regards to acts of stopping and disabling unmanned aerial vehicles (UAVs), the scope of these actions, and the authorities to perform them shall be clearly defined;
- In order to ensure flexibility and responsiveness to practical needs, it is necessary for the Government to draw up specific provisions on the coordination between the Mobile Police and various other forces (such as those managed by the Ministry of Public Security, the Ministry of National Defense along with other ministries, ministry-level agencies and local governments) in the process of fulfilling duties.
The Ministry of Public Security is tasked to assume primary responsibility, and coordinate with the Ministry of National Defense, the Ministry of Justice, the Ministry of Transport, the Ministry of Foreign Affairs, the Ministry of Home Affairs and the Government’s Office in receiving feedback from the Government’s members, while continuing to adjust and refine this Law, ensuring its quality, feasibility and consistency with related laws. With the Prime Minister’s authorization, the Minister of Public Security is assigned to submit the law project to the 15th National Assembly at its next working session.
2. Regarding the project to formulate Law on the amendments and supplements to several provisions in the Intellectual Property Law
The Government agreed on the necessity and the purpose of formulating Law on the amendments and supplements to several provisions in the Intellectual Property Law - which is to institutionalize the Party’s guidelines on refining intellectual property related institutions, with an orientation towards the encouragement of innovation, as well as the maintenance of transparency and reliability, so as to effectively exercise and protect intellectual property rights in new conditions, thereby ensuring the consistency of the legal system and compliance with international commitments. The Government agreed with the basic content of the project to formulate this Law, while also requesting that several adjustments be made:
- Change the name of this Law, from “Law on the amendments and supplements to several provisions in the Intellectual Property Law” to “Intellectual Property Law (amended)”;
- Concerning the rights to register patents, industrial designs and layout-designs that are the outcomes of state-funded scientific and technological projects:
The majority of Government members agreed with the draft provisions on the right to register patents, industrial designs and layout-designs (which are the outcomes of scientific and technological projects) belong to the organization that presides over the research process. The ownership of protected patents, industrial designs and layout-designs also belongs to such organizations, except in cases where the research outcomes are related to national defense and security, and thus are registered by State organs.
Some members of the Government agreed with the idea of maintaining the currently existing legal provisions on this matter. According to the current regulations, if the inventions, industrial designs and layout-designs are created through projects that receive investments from the State (either in the form of finance or technical equipment), then the right to register these patents, industrial designs and layout-designs shall fully or partially belong to the State, depending on the proportion of state capital invested into the projects.
The Minister of Science and Technology is assigned to finalize the Government’s Report on the law project and submit to to the National Assembly.
- With regards to narrowing down the list of types of intellectual property rights infringements that are handled with administrative penalties:
The majority of Government members agree with the newly-drafted provisions: administrative penalties will be applied for copyright, related rights and trademark infringements; along with infringements related to geographical indicators and plant varieties. Administrative penalties shall not be applied for patent, industrial design, layout-design, trade name and trade secret infringements, as well as acts of unhealthy competition. For these types of infringements, civil measures will be used instead administrative penalties.
Some of the Government’s members agree with the idea of maintaining the currently existing legal provisions - meaning, administrative penalties shall be applied for all types of intellectual property rights infringements.
The Minister of Science and Technology is assigned to finalize the Government’s Report in this law project and submit to the National Assembly. The Report needs to cover advantages and disadvantages of both aforementioned options.
- The Ministry of Science and Technology shall continue to mull over, review and refine the provisions of the drat law, ensuring that it matches the provisions in the Law on Prices and the Law on Fees, so as to avoid overlaps and conflicts between different measures of controlling the import/export of goods, and ensure the consistency of the legal system. The provisions concerning the protection of copyright need to be harmonious and flexible, ensuring compliance with the Berne Convention for the Protection of Literary and Artistic Works, in addition to other international treaties related to this field that Viet Nam has signed. Provisions of this Law must also suit the practical conditions in Viet Nam.
The Ministry of Science and Technology is tasked to assume prime responsibility and coordinate with the Ministry of Justice, the Government’s Office as well as related ministries and organs in receiving feedback from the Government’s members - thereby making adjustments and refining the project to formulate this Law, and subsequently in reporting to Deputy Prime Minister Vu Duc Dam before reporting to the Prime Minister, so that the project can be presented to the 15th National Assembly at its upcoming working session.
3. Regarding the project to formulate Law on amendments and supplements to the Index of national statistical indicators from the Law on Statistics:
The Government generally agreed the law proposal. With regards to the specific provisions of the draft law, it is necessary to continue reviewing and updating the indicators that reflect the level of international integration, in a manner that complies with Viet Nam’s international commitments. Indicators that show or help evaluate the status of digital transformation, the development of the digital economy and the progress in building a digital society... need to be completed. It is also necessary to study and supplement indicators that show, measure or help forecast the development of new economic models, the green economy, and the circular economy, as well as the level of inclusive economic growth ... Indicators that help evaluate the environmental protection work, and the progress in reducing greenhouse gas need to be completed in a manner that complies with international commitments. The index of national statistical indicators must be able to comprehensively and promptly reflect the country’s socioeconomic situation. It is vital to ensure that this index is systematic, scientific and feasible when used in practice, in order to provide the Government with comprehensive, reliable and accurate statistical information - which is needed for forecasts and the building of timely and effective economic development strategies/policies.
The Ministry of Investment and Planning shall assume prime responsibility for, and coordinate with relevant ministries and organs in receiving feedback from the Government’s members - thereby refining the law project, and subsequently in reporting to Deputy Prime Minister Le Minh Khai before reporting to the Prime Minister, so that the project can be presented to the National Assembly at its upcoming working session.
4. Regarding the Proposal to formulate Land Law (amended):
The Government generally agreed on the necessity and objectives of the revision of the Land Law. The Ministry of Natural Resources and Environment shall closely follow the process of reviewing Resolution 19-NQ/TW dated October 31st 2012 adopted at the 11th Party Central Committee’s 6th Plenum, so as to continue making suggestions and refining policies in a manner that aligns with the Party’s line on policies on land development policies in the new era. The Minister of Natural Resources and Environment shall assume prime responsibility and coordinate with the Minister of Justice, the Minister of National Defense, the Minister of Public Security along with related ministries and organs in receiving the Ministry of Justice’s appraisal, as well as feedback from the Government’s members, so as to urgently refine the content of policies, ensuring comprehensiveness, feasibility and suitability for practical conditions, meeting the needs of socioeconomic development. The procedures and the dossier on the Proposal to formulate the Land Law (amended) must be completed in accordance with current legal provisions; these documents must then be sent to the Ministry of Justice. With the Prime Minister’s authorization, the Minister of Justice is tasked to present (on behalf of the Government) the Proposal to formulate the Land Law (amended) to the National Assembly’s Standing Committee, making it possible for this law to be discussed at the third working session of the 15th National Assembly (May 2022).
5. Regarding the draft Decree that replaces Decree No. 101/2015/ND-CP on renovating and reconstructing apartment buildings
The Government generally agreed with the draft Decree on renovating and reconstructing apartment buildings that replaces Decree No. 101/2015/ND-CP dated October 20, 2015. The Ministry of Construction shall assume prime responsibility and coordinate with relevant ministries and organs in receiving feedback from the Government’s members, in order to make appropriate adjustments and complete the draft Decree, so that it could be submitted to the Prime Minister for approval and promulgation before July 15, 2021.
6. Regarding the suggestion to remove obstacles (emerged due to the impact of the COVID-19 pandemic) in implementing regulations on the installation of cameras onto automobiles used in transportation businesses:
The Government decides to temporarily stop applying (until the end of December 31st 2021) regulations on administrative penalties for individuals and organizations that conduct acts stated in: point p Clause 5 Article 23; point c Clause 3 Article 24; point o and p Clause 6 Article 28 of Decree 100/2019/ND-CP on administrative penalties for road traffic and rail transport offenses.
7. Regarding the Report on the implementation status the program on law and ordinance building in 2021
In recent periods of time, there remain some shortcomings in the law-making work. These shortcomings can be seen through the fact that the progress of the law-making work, as well as the quality of law-making projects, drafts laws and legal normative documents are still inadequate. Delays still occur in the promulgation of documents detailing the implementation of laws, ordinances and resolutions passed by the National Assembly as well as the National Assembly Committee. Several decrees of the Government, along with circulars of Ministers/Heads of Ministry-level organs still have not been amended, supplemented or replaced in a timely manner, so as to respond to issues that arise in practice. The Government requests that Ministers, Heads of Ministry-level organs and Chairpersons of People’s Committees at all levels to resolutely implement solutions to overcome these shortcomings, thereby raising the quality of the law-making and the institution-building work. In particular:
- Ministers, Heads of Ministry-level organs and Chairpersons of People’s Committees at all levels shall directly be in charge of directing the law-making work; be proactive and innovative in their administration and operations so as to urgently fulfill the tasks assigned by the Government and the Prime Minister; direct the organization and mobilization of resources in order to synchronously and effectively implement solutions to improve the quality of the law-making work;
- Seriously and fully implement provisions in the Law on the promulgation of legal normative documents, and in Directive no. 43/CT-TTg dated December 11th 2020 of the Prime Minister on raising the quality of the law-making work and the effectiveness in law enforcement. Ministers, Heads of Ministry-level organs and Chairpersons of Provincial-level People’s Committees shall be responsible for the formulation progress and the quality of legal documents. Adjustments to the Law/ordinances making Program (especially requests to delay or withdraw law/ordinance making projects) must be reduced to a minimum. Delays in the promulgation of documents detailing the implementation of laws, ordinances and resolutions (similar to what has been occurring in recent periods of time) must be radically tackled.
- Further direct the reviewing and assessment of law enforcement, so as to actively overcome difficulties and shortcomings that obstruct economic development, while also creating new momentum through amending and supplementing legal provisions. Support and promote different economic components in recovering production and commerce, in order to actualize the dual objective - combating COVID-19 and stepping up socioeconomic development simultaneously. Most notably, it is necessary to continue reviewing the circulars of ministries and ministry-level organs, in order to identify parts that are overlapping, contradicting, unreasonable or are no longer suitable, so that competent authorities can promulgate documents to amend or supplement them in the third quarter of 2021. As for parts that are contradicting, overlapping or are no longer suitable in the Government’s decrees and the Prime Minister’s Decisions, it is necessary to report them to the Government and the Prime Minister, so that amendatory or supplementary documents can be promulgated in a manner that follows simplified procedures, thereby having them completed in the third quarter of 2021. With regards to obstacles related to laws and ordinances that fall under the authority of the National Assembly and the National Assembly’s Standing Committee, the Government shall group them together, analyze the impact/ necessity of amendments and report/submit proposals to competent authorities for deliberation and decision.
- In the process of formulating laws, ministries and organs need to comply with the provisions in the Law on the promulgation of legal normative documents; bring into play the ultimate spirit of responsibility; act in the interests of the nation instead of local or group interests; and strictly examine regulations as well as administrative procedures that could cause people and businesses difficulties and hassles. In the process of formulating the legal documents, the organ that presides over the formulation process needs to closely coordinate with relevant ministries and organs - particularly organs of the National Assembly; actively collect opinions from stakeholders; carry out communication efforts that revolves around the new policies; mobilize the effective and substantive participation of specialists, scientists and those who conduct practical work; in addition to studying and being receptive to valid opinions, ensuring society’s consensus and the feasibility of policies;
- Ministers and Heads of Ministry-level organs shall urgently direct the formulation, promulgation or submission (to competent authorities for promulgation) of documents detailing laws already in effect; step up the formulation and promulgation of 55 documents detailing the implementation of laws and resolutions passed by the National Assembly that shall take effect beginning from January 1st 2022; prevent delays in the formulation/promulgation of such documents. On a monthly basis, the Ministry of Justice shall coordinate with the Government’s Office in collecting statistics on the ministries and ministry-level organs that ask to withdraw, or have delays in the formulation/promulgation of drafts/law-making projects/legal documents, so that they can be reported to the Government at Regular Government meetings;
- The Ministry of Justice shall continue to carry out studies, so as to renew the methods of organizing and conducting the formulation/promulgation process of legal normative documents, ensuring the flexibility and activeness of competent organs in submitting and promulgating legal normative documents, satisfying the urgent demands for the formulation/promulgation of legal documents that suit the needs of society, of socioeconomic development, of emergency situations and of the fight against pandemics; further urge, instruct and inspect the promulgation of legal normative documents; concentrate resources on raising the quality of appraisals, ensuring the quality of law-making projects and draft legal normative documents presented to the Government and the Prime Minister; timely advise the Government and the Prime Minister on legal issues that arise in the appraisal process and report them to the Government;
- The Ministry of Justice, the Ministry of Finance and the Ministry of Internal Affairs shall, within the scope of their assigned authorities and tasks, coordinate with relevant organs in studying and proposing solutions to raise the capabilities of civil servants that handle the legality-related/law-making work, while also improving the remuneration policies that apply for these civil servants; create favorable conditions in terms of facilities in addition to increasing expenditure for the law-making work in an appropriate and reasonable manner.
- The Government’s Office shall proactively and closely coordinate with organs that preside over the formulation of documents, the Ministry of Justice as well as other relevant organs so as to arrive at agreements, especially regarding the content of law-making projects and draft legal normative documents; only present to the Government and the Prime Minister law-making projects/draft documents that fit in one’s scope of authority, properly follows procedures and is quality assured.
8. In parallel with stepping up the construction and refinement of the legal system in a synchronous, comprehensive, timely and effective manner, importance must also be attached to the law enforcement work, it must be seriously, effectively and efficiently conducted. /
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