1. 1 Conducting Consultation on Legislation in Vietnam By Mr. Tran Quoc Thuan Vice-Chairman (Standing) of the Office of the National Assembly THUANQHVN@YAHOO.COM

2. 2 Presentation Content I. Fundamental Basis, II. Solicitation: Fact and Procedures, III. Conclusion,

3. 3 I. Fundamental Basis I.1. Conceptual Basis I.2. Legal Basis

4. 4 I.1. Conceptual Basis People know-Discuss- Act and Check People know-Discuss- Act and Check Collective Mastership Collective Mastership Grass-root Democracy Grass-root Democracy Participation of People Participation of People People under solicitation (Law on Laws) People under solicitation (Law on Laws) Every individuals (“Cong dan”, “ca nhan”) Every individuals (“Cong dan”, “ca nhan”) Interest Oriented Individuals- Organization Interest Oriented Individuals- Organization

5. 5 I.2. LEGAL BASIS FOR PUBLIC SOLICITATION Constitutional Right of being informed, Constitutional Right of being informed, Solid legal basis are stipulated in the Law on Laws (as amended) (Article3,39,40,41,62,65), Solid legal basis are stipulated in the Law on Laws (as amended) (Article3,39,40,41,62,65), “traditional channel” added by “open channel” for people’s forum & dialogue, “traditional channel” added by “open channel” for people’s forum & dialogue, Aiming at Public Predictability - Input to Policy Changes - Transparency Aiming at Public Predictability - Input to Policy Changes - Transparency

6. 6 II. Solicitation: Fact and Procedures II.1. Public Solicitation Procedures, II.2. Role of Drafting Board & NA. Com. II.3. Role of MPs & MP Delegation, II.4. Main Solicitation Tools, II.5. Evaluation Summary

7. 7 II.1. Public Solicitation Procedure Procedure Procedure 3 legislative stages: Legislation Program- Drafting- Examining/Supervision 3 legislative stages: Legislation Program- Drafting- Examining/Supervision Broad Public Consultation at SCNA’s decision, Broad Public Consultation at SCNA’s decision, Limited solicitation at drafting board choice Limited solicitation at drafting board choice Declaration of intent - Bill Print in News-paper Declaration of intent - Bill Print in News-paper Explanatory - Training and Soliciting conference Explanatory - Training and Soliciting conference Goal: Legal Awareness and Implementation Supports/Participation, Goal: Legal Awareness and Implementation Supports/Participation,

8. 8 II.2. Roles of Drafting Board & NA Com. Goal: Related agencies’ opinions; Ideas/Values and alternatives of focus/expert/interest group, Goal: Related agencies’ opinions; Ideas/Values and alternatives of focus/expert/interest group, Tools: Fact-sheets; Social Survey; Foreign Comparative Study; Comments paper; Meeting & Seminars; Dialogue-Hearing Tools: Fact-sheets; Social Survey; Foreign Comparative Study; Comments paper; Meeting & Seminars; Dialogue-Hearing Evaluation: feasibility - collaboration- consensus building Evaluation: feasibility - collaboration- consensus building

9. 9 II.2. Roles of MPs and MP Delegation Research the bills and present to public, Research the bills and present to public, Conduct public consultation in constituency, Conduct public consultation in constituency, Conduct expert-focus- interest group meetings, Conduct expert-focus- interest group meetings, Speak out at the MP-Com. meetings, seminar, Speak out at the MP-Com. meetings, seminar, Debate public consultation results at the plenary session, Debate public consultation results at the plenary session,

10. 10 II.3. Public Solicitation Tools Selection and decision of What to be solicited Limited Scope of Issues Selection and decision of What to be solicited Limited Scope of Issues Newspaper/media announcement Newspaper/media announcement Training conference for local trainers Training conference for local trainers Local conference Local conference Local government: conference Explanation- Feedback Local government: conference Explanation- Feedback Issuing Authority: Summary- Improvement of Draft- Feedback Issuing Authority: Summary- Improvement of Draft- Feedback

11. 11 II.4. Evaluation Summary Extensive solicitation and selected solicitation Extensive solicitation and selected solicitation Channels Channels Stake holder’s and Experts meeting Stake holder’s and Experts meeting Meeting of representatives of people at commune level Meeting of representatives of people at commune level Meeting of Local government and association Meeting of Local government and association Media. Media. Survey, field studies (rare) Survey, field studies (rare) Local authority filter- Drafting Body process Local authority filter- Drafting Body process

12. 12 III. Conclusion III.1. New Progresses III.2. Constrains

13. 13 III.1. New Progresses over the Law on Law (as amended in 2002) implementation Easy Access to the draft of legislation Easy Access to the draft of legislation Communication to local people: message in local media: TV-Radio-local Newspaper- internet Communication to local people: message in local media: TV-Radio-local Newspaper- internet Messaging explanatory documents: what will concern you and your interest (identifying impacted bodies/segment) Messaging explanatory documents: what will concern you and your interest (identifying impacted bodies/segment) Advisory services by local lawyers Advisory services by local lawyers Feedback to the public in the media Feedback to the public in the media

14. 14 III.2. CONSTRAINS Not all laws are publicly consulted, Not all laws are publicly consulted, Consultation activities are still “formal”, Consultation activities are still “formal”, Feedback is not regularly provided to public, Feedback is not regularly provided to public, Passive public, Passive public, Consultation methods are expensive and bureaucratic, Consultation methods are expensive and bureaucratic, Lack of regulation in details and working conditions for MPs and MP Delegation Lack of regulation in details and working conditions for MPs and MP Delegation

15. 15 THANK YOU VERY MUCH FOR YOUR ATTENTION