Guidance on Drafting and Amending Laws During the COVID-19 Pandemic
关于在新冠肺炎（COVID-19）疫情期间制定和修订法律的指导意见
ຄຳແນະນຳ ກ່ຽວກັບການສ້າງ ແລະ ປັບປຸງກົດຫາຍ ໃນໄລຍະການແຜ່ລະບາດຂອງພະຍາດໂຄວິດ-19
Summary
The Ministry of Justice issued supplementary guidance on legislative processes (data collection and research before legislation, soliciting opinions on drafts, revision of certain provisions, formulation of President's orders and government decrees) to address practical difficulties in formulating and amending laws during the epidemic prevention and control period, ensuring legislative work proceeds on schedule, completely, and lawfully.
Articles
Article 1
Purpose. This Guidance aims to provide direction on matters stipulated in Part Three, Chapter Two of the Law on Legislation, concerning the collection and research of materials and solicitation of opinions on draft laws during the stage of drafting legal texts, prior to the actual writing of the draft content, and to provide guidance on the revision of certain legal provisions, so as to ensure that newly formulated or revised draft laws at this stage are complete, rigorous, and implementable, and to ensure that the work of formulating or revising laws is completed within the established timeframe and plan.
Article 2
Formulation or amendment of laws. When formulating or amending laws, the agency responsible for drafting the bill shall carry out the formulation or amendment work in accordance with the procedures stipulated in Article 19 of the Legislation Law (detailed in Part III, Articles 20 to 58), as follows: 1. Formulating plans for law formulation and amendment, executed in accordance with Articles 20 to 26 of the Legislation Law; 2. Drafting the bill, executed in accordance with Articles 27 to 40 of the Legislation Law. Among these, the collection and research of materials before drafting the content shall follow Article 34, and soliciting opinions on the draft shall follow Article 36, in addition to complying with Items 3 and 4 of this Guidance; 3. The Ministry of Justice shall conduct a compliance review of the bill, executed in accordance with Articles 41 to 42 of the Legislation Law; 4. The Government shall deliberate on the bill, executed in accordance with Articles 43 to 48 of the Legislation Law; 5. The National Assembly shall consider and adopt the bill, executed in accordance with Articles 49 to 56 of the Legislation Law; 6. The President of the State shall promulgate the law, executed in accordance with Articles 57 to 58 of the Legislation Law.
Article 3
Data Collection and Research. Data collection and research is an important matter for the drafting or amendment of laws, because the collected data will serve as the basis for the responsible drafting group to determine the subject matter or content of the draft law, making it accurate, clear, and ensuring that the newly enacted or amended law is of quality, consistent with actual circumstances, and capable of implementation. Therefore, when drafting or amending a law, the responsible drafting group must conduct data collection and research before writing the content of the draft. In cases where it is impossible to go to relevant ministries, agencies at the ministerial level, localities, and relevant grassroots units to collect actual data due to the need to implement measures for the prevention, control, containment, and response to the COVID-19 pandemic, the responsible drafting group may collect data through the following methods: sending inquiry letters with attached questionnaires to the subjects from whom data needs to be collected, or sending them through modern systems such as email (E-mail) or websites (Website), or holding remote video conferences (Video Conference) to collect data. When collecting data, the responsible drafting group must clearly identify which agencies or departments to collect data from, then send letters to each agency or department, clearly specifying the required data, relevant reference documents, statistics or data to enhance the credibility of the data, and must also specify the date and time for submitting the data to the responsible drafting group.
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