Delegation of legislative power to the government under Chinese Legislative Law and suggestions for Vietnam

Abstract

Delegation of legislative power to the government is an inevitable and objective activity, an important basis for building and improving the national legal system. However, Vietnamese legal provisions on this issue still have shortcomings. This article analyses the Chinese Legislative Law on delegation of legislative power to the government and clarifies the limitations of Vietnamese legal provisions on this issue according to the 2015 Law on the Promulgation of Legislative Documents (amended and supplemented in 2020). On that basis, the article proposes some experiences that Vietnam can use for reference in improving the legal provisions on the delegation of legislative power to the government, such as the subject with the power to decide on delegation, how to implement the delegation, the limited scope of delegation, the duration of delegation, and the responsibilities of involved subjects.