This Circular stipulates the drafting, solicitation of opinions, examination, and issuance of legal regulatory documents of the Government Inspectorate. It includes specific procedures for each stage from preparation to issuance, as well as ensuring necessary funding and resources for the construction of legal regulatory documents.
Đối tượng áp dụng
This Circular applies to the Director of the Office, heads of departments, bureaus, units under the Government Inspectorate, and organizations and individuals related to the drafting, examination, and issuance of legal regulatory documents of the Government Inspectorate.
Các điểm cốt lõi
- Drafting process for preparing legal documents
- Drafting process for legal documents
- Process for soliciting opinions on draft legal documents
- Examination and issuance process for legal documents
- Ensuring funding for the construction of legal regulatory documents
🌐 Tác động xã hội từ văn bản này
- Enhancing efficiency in the drafting, examination, and issuance of legal regulatory documents of the Government Inspectorate.
- Ensuring the constitutionality, legality, and consistency of the system of legal regulatory documents.
- Creating favorable conditions for the performance of state management functions of the Government Inspectorate.
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from June 1, 2013.
Which decision does this Circular replace?
This Circular abolishes Decision No. 2015/2007/QĐ-TTCP dated September 26, 2007 of the Chief Inspector on the issuance of regulations regarding the activities of the Government Inspectorate in the drafting, examination, and issuance of legal regulatory documents.
Who is responsible for implementing this Circular?
The Director of the Office, heads of departments, bureaus, units under the Government Inspectorate, and organizations and individuals related to the drafting, examination, and issuance of legal regulatory documents of the Government Inspectorate are responsible for implementing this Circular.
Toàn văn
|
GOVERNMENT INSPECTOR GENERAL ________________ |
SOCIALIST REPUBLIC OF VIET NAM ______________________ |
|
Number: 02/2013/TT-TTCP |
Hanoi, April 2, 2013 |
CIRCULAR
Regulations on drafting, reviewing, and promulgating legal normative documents within the responsibility of the Government InspectoratePursuant to the proposal of the Legal Department Director, the Chief Inspector of the Government hereby stipulates regulations on drafting, reviewing, and promulgating legal normative documents within the responsibility of the Government Inspectorate as follows:
Pursuant to the Law on Legislative Acts of 03 June 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;
Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;
Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;
Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;
These Circulars stipulate the procedures and formalities for proposing, drafting, reviewing, and promulgating legal normative documents drafted by the Government Inspectorate to be submitted for approval or promulgation within its authority (hereinafter referred to as legal normative documents).
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
These Circulars apply to Departments, Bureaus, units under the Government Inspectorate (hereinafter collectively referred to as units) and organizations and individuals related to the process of proposing, drafting, reviewing, and promulgating legal normative documents.
Article 2. Applicability
1. Laws and Ordinances for which the Government Inspectorate is assigned the main responsibility to draft and submit to the Government for submission to the National Assembly or the Standing Committee of the National Assembly for issuance.
Article 3. Regulatory Legal Documents
This Circular is issued to prescribe the following matters:
2. Decrees of the Government, Decisions of the Prime Minister, or Joint Resolutions between the Government and central agencies of political-social organizations for which the Government Inspectorate is assigned the main responsibility to draft and submit to the Government or the Prime Minister for issuance.
3. Circulars issued by the Chief Inspector of the Government within its authority.
4. Joint Circulars between the Chief Inspector of the Government and Ministers, Heads of Ministries-equivalent agencies, President of the Supreme People's Court, and Prosecutor General of the Supreme People's Procuracy.
Article 4. Format and presentation techniques for legal normative documents drafted or issued by the Government Inspectorate.
1. The format and presentation techniques for documents shall be implemented according to the provisions of Article 60 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents and Circular No. 25/2011/TT-BTP dated December 27, 2011 of the Ministry of Justice regarding the format and presentation techniques for legal normative documents of the Government, the Prime Minister, Ministers, Heads of Ministries-equivalent agencies, and joint legal normative documents.
2. Legal normative documents signed or co-signed by the Chief Inspector of the Government must have their own separate number and cannot share the same number with other administrative documents.
Article 5. Effective date and amendment, supplementation, replacement, revocation, abolition, or suspension of legal normative documents.
1. The effective date of legal normative documents shall be implemented according to the provisions of Article 58 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Legal Normative Documents.
2. Amendments, supplements, replacements, revocations, abolitions, or suspensions of legal normative documents shall be carried out according to the provisions of Article 9 of the Law on Issuing Legal Normative Documents.
PROPOSAL FOR THE CONSTRUCTION OF LEGAL NORMATIVE DOCUMENTS
Chapter II
Article 6. Responsibilities for preparing proposals to construct legal normative documents.
1. Annually, units under the Government Inspectorate, based on their functions and tasks and actual needs, are responsible for preparing proposals to construct legal normative documents and submitting them to the Chief Inspector of the Government (through the Legal Department) at the following times:
a) Before January 1 for legislative projects of the National Assembly and ordinances of the Standing Committee of the National Assembly;
b) Before June 1 for Decrees of the Government and Decisions of the Prime Minister;
c) Before August 1 for Circulars of the Chief Inspector of the Government or Joint Circulars.
The proposal for constructing legal normative documents shall comply with the provisions of Article 7 of these Circulars.
2. Units under the Government Inspectorate before submitting proposals to construct laws, ordinances, decrees, or decisions of the Prime Minister must perform the following tasks:
a) Organize the collection of opinions from relevant agencies, organizations, and individuals;
b) Publish explanatory statements and preliminary impact assessment reports of the document (except for decisions of the Prime Minister) on the Government Inspectorate's electronic portal in accordance with the provisions of point d, Clause 3, Article 9 of these Circulars.
c) Take the lead and coordinate with relevant agencies and organizations to study and perfect the dossier based on the comments sent to the Legal Department for consolidation;
d) For proposals to construct circulars or joint circulars, opinions from relevant units, agencies, organizations, and individuals must be collected, reported to the Government Inspectorate leadership responsible for the construction of legal normative documents, the dossier must be perfected and submitted to the Legal Department for consolidation.
đ) Report periodically every six months annually to the Chief Inspector of the Government on the progress of constructing legal normative documents assigned in the legal normative document construction program that has been issued (through the Legal Department).
3. Organizations, agencies, and individuals may submit proposals to construct legal normative documents in the fields specified in Article 1 of these Circulars. Proposals can be submitted in writing or through the Government Inspectorate's electronic portal within the time frame specified in Clause 1 of this Article.
4. The Legal Department is responsible for:
a) Taking the lead and coordinating with relevant agencies and organizations to compile and draft proposals for constructing legal normative documents; reporting to the Government Inspectorate leadership responsible for the construction of legal normative documents; organizing meetings to review drafts; submitting to the Chief Inspector of the Government for decision-making, including assigning tasks to the main drafting unit, coordinating units, submission deadlines, and issuance deadlines.
a) To主持,与相关机构和组织合作,汇总并起草制定规范性法律文件的建议;向负责制定规范性法律文件工作的政府监察总局领导报告;组织会议通过草案;呈报总监察长作出决定,其中包括指派主要起草单位、配合单位、提交时间和发布时间的任务。
b) Chair and coordinate with relevant agencies and organizations to revise and finalize the draft proposal for the promulgation of laws and ordinances to be submitted to the Office of the Government before March 1st of the first year of the National Assembly's term (for proposals for laws and ordinances according to the National Assembly's term) or at least 105 days before March 1st of the year preceding the year in which they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly (for annual proposals for laws and ordinances based on the program of the entire National Assembly term) or at least 105 days before March 1st of the year preceding the year in which they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly (for annual proposals for laws and ordinances not included in the program of the entire National Assembly term);
c) Chair and coordinate with relevant agencies and units to revise and finalize the draft proposal for the promulgation of decrees to be submitted to the Office of the Government for examination and decision by the General Inspectorate of the Government. The proposal must be sent to the Office of the Government and the Ministry of Justice before August 1st each year;
d) In cases where management requires the issuance or amendment of regulatory legal documents not included in the Program, the unit, agency, organization, or individual shall submit the proposal to the General Inspectorate of the Government (through the Legal Department) for supplementation. The proposal for supplementing the Program shall be implemented in accordance with Article 6 of this Circular. The Legal Department shall be responsible for researching and advising the leadership of the General Inspectorate of the Government to examine and decide;
đ) In cases requiring changes to the Program, within 60 days for draft decrees and decisions of the Prime Minister, and 30 days for draft circulars of the General Inspectorate of the Government or joint circulars compared to the time specified in the Program, the unit assigned to chair the drafting process and the Legal Department shall unify opinions and report to the General Inspectorate of the Government. The Legal Department shall be responsible for researching and advising the leadership of the General Inspectorate of the Government to examine and decide;
Article 7. Proposal Documents for Regulatory Legal Instruments
1. Proposal documents for laws and ordinances shall be implemented in accordance with Article 4 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Regulatory Legal Instruments.
2. Proposal documents for decrees of the Government shall be implemented in accordance with Article 15 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Regulatory Legal Instruments.
3. Proposal documents for decisions of the Prime Minister include: a detailed explanation stating the name of the document; the necessity of issuing the document, legal basis for issuing the document; issues to be resolved; proposed main contents of the document, name of the leading drafting unit; submission time.
4. Proposal documents for circulars or joint circulars of the General Inspectorate of the Government include: a detailed explanation stating the name of the document, the necessity of issuing the document, legal basis for issuing the document, proposed main contents of the document, summary of opinions from related units, agencies, organizations, and individuals, name of the leading drafting unit, submission time.
The proposal document must have the opinion of the Deputy General Inspectorate of the Government in charge before being submitted to the General Inspectorate of the Government.
Chapter III
||| DRAFTING LEGAL INSTRUMENTS
Article 8. Leading Drafting Unit
The leading drafting unit is a unit under the Government Inspectorate assigned by the Chief Inspector General to draft regulatory legal documents or approved by the competent authority in accordance with Chapter II of this Circular.
Article 9. Drafting Laws, Ordinances, Decrees, and Prime Minister's Decisions
1. The drafting of Laws, Ordinances, Decrees, and Prime Minister's Decisions shall be carried out in accordance with the Law on Enacting Regulatory Legal Documents and Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and guiding the implementation of the Law on Enacting Regulatory Legal Documents.
2. The leading drafting unit is responsible for assisting the Chief Inspector General in performing the following tasks:
a) Ensuring the conditions for the operation of the Drafting Board and the Editorial Group;
b) Coordinating and creating conditions for the drafting board to summarize the implementation of laws; assess impacts when drafting Laws, Ordinances, and Decrees; survey and evaluate the current status of social relations related to the draft content; organize research on information, materials, and international treaties to which Vietnam is a party that relate to the draft; prepare outlines, compile, organize the collection of opinions, and revise the draft before submitting it for review.
In cases where the draft contains provisions on administrative procedures, an impact assessment on administrative procedures must be conducted in accordance with Article 10 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP).
c) Taking the lead and coordinating with relevant agencies to prepare drafts of detailed regulations and guidance documents.
3. Organizing public consultation during the drafting process:
a) Soliciting opinions from agencies, organizations, individuals, and direct subjects affected by the document shall be carried out in accordance with Article 27 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and guiding the implementation of the Law on Enacting Regulatory Legal Documents.
b) The leading drafting unit must send the draft document to ministries, ministerial-level agencies, and government agencies to solicit opinions, including the Ministry of Finance and the Ministry of Home Affairs if there are provisions related to financial resources and human resources. In cases where the document includes provisions on administrative procedures, before submitting for review, opinions must be solicited from the Administrative Procedure Control Department under the Ministry of Justice.
The document soliciting opinions must specify the latest deadline for responses as 20 working days from the date of receipt of the complete document and request for comments.
d) Posting the draft content on the Government Inspectorate's electronic portal to widely solicit opinions from organizations and individuals shall be carried out as follows:
- The leading drafting unit sends a letter requesting the posting of information to the Information Center of the Government Inspectorate.
- Attach one electronic copy of the second draft of the regulatory legal document according to Clause 2, Article 57 of Decree No. 24/2009/NĐ-CP.
- The Information Center is responsible for receiving and posting the entire draft content on the Government Inspectorate's electronic portal within 60 days from the date of receiving all requests at this point.
đ) The leading drafting agency is responsible for studying and adopting suggestions from agencies, organizations, and individuals. In cases where suggestions are not adopted, the leading drafting agency must provide a specific explanation in writing.
Article 10. Drafting of Circulars by the Government Inspector General
1. Based on the content of the Circular, the Government Inspector General may decide to establish an Editorial Team comprising representatives from the leading drafting unit, the Legal Affairs Department, relevant agencies, units, or individuals. The head of the leading drafting unit shall serve as the head of the Editorial Team and be responsible before the Government Inspector General for the content, quality, and progress of the drafting.
2. The leading drafting unit shall be responsible for organizing the summary of the implementation of laws; surveying and evaluating the current social relations; researching information and materials related to the draft content; preparing the outline, compiling, and revising the draft; organizing the collection of opinions; posting the entire content of the draft (draft 2) on the Government Inspectorate's electronic portal in accordance with point c, Clause 3, Article 9 of this Circular at least 60 days prior to the expected submission to the Government Inspector General for issuance to collect contributions from organizations and individuals; preparing the report and related documents to request the Legal Affairs Department's review in accordance with Article 13 of this Circular.
In cases where the Circular contains provisions on administrative procedures, in addition to implementing the above regulations, it must also assess the impact of administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.
3. Organizing the collection of opinions during the drafting process
a) Posting the draft content on the Government Inspectorate's electronic portal to collect opinions on the draft in accordance with point d, Clause 3, Article 9 of this Circular;
b) Based on the content and nature of the document, the leading drafting unit shall organize meetings to directly collect opinions or send the draft to collect opinions from organizations and individuals subject to regulation by the document and agencies, units performing advisory management functions. If the opinion collection targets are Ministries, ministerial-level agencies, or government agencies, the head of the leading drafting unit shall seek the opinion of the Deputy Government Inspector General responsible for decision-making;
c) In cases where the Circular contains provisions on administrative procedures, before sending for review, the leading drafting unit shall collect opinions from the administrative procedure oversight unit in accordance with Decree No. 63/2010/NĐ-CP;
d) The document collecting opinions from units must specify the latest response deadline of 20 working days from the date of receipt of complete documents and supporting materials requesting comments.
4. The leading drafting unit shall be responsible for studying and adopting suggestions from agencies, organizations, and individuals. In cases where suggestions are not adopted, the drafting agency must provide a detailed explanation in writing.
Article 11. Drafting joint Circulars led by the Government Inspectorate
1. The Government Inspector General decides to establish an Editorial Team comprising representatives from the leading drafting unit, representatives from the Ministry or ministerial-level agency participating in issuing the Circular, and the Legal Affairs Department, relevant agencies, units, or individuals. The head of the leading drafting unit shall serve as the head of the Editorial Team and be responsible before the Government Inspector General for the content, quality, and progress of the drafting.
2. The leading drafting unit shall be responsible for organizing the summary of the implementation of laws; surveying and evaluating the current social relations; researching information and materials related to the draft content; preparing the outline, compiling, and revising the draft; organizing the collection of opinions; posting the entire content of the draft (draft 2) on the Government Inspectorate's electronic portal in accordance with point c, Clause 3, Article 9 of this Circular at least 60 days prior to the expected submission to the Government Inspector General for issuance to collect contributions from organizations and individuals; preparing the report and related documents to request the Legal Affairs Department's review. The Legal Affairs Department of the Government Inspectorate shall be responsible for coordinating with the legal department of the Ministry or ministerial-level agency jointly issuing the Circular for review in accordance with Article 13 of this Circular.
In cases where the Circular contains provisions on administrative procedures, in addition to implementing the above regulations, it must also assess the impact of administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.
3. Organizing public consultation during the drafting process:
a) Based on the content and nature of the document, the leading drafting unit shall organize meetings to directly collect opinions or send the draft to collect opinions from organizations and individuals subject to regulation by the document and agencies, units performing advisory management functions. If the opinion collection targets are Ministries, ministerial-level agencies, or government agencies, the head of the leading drafting unit shall seek the opinion of the Government Inspectorate leadership responsible for decision-making;
b) In cases where the Circular contains provisions on administrative procedures, before sending for review, the leading drafting unit shall collect opinions from the administrative procedure oversight unit in accordance with Decree No. 63/2010/NĐ-CP;
c) The document collecting opinions must specify the latest response deadline of 20 working days from the date of receipt of complete documents and supporting materials requesting comments.
4. The leading drafting unit shall be responsible for studying and adopting suggestions from agencies, organizations, and individuals. In cases where suggestions are not adopted, the drafting agency must provide a detailed explanation in writing.
Chapter IV
REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS
Article 12. Documents and procedures for requesting the Ministry of Justice to review
1. The draft Law, Ordinance, Decree, Decision submitted to the Ministry of Justice for review shall include:
a) The proposal from the Government on the project, draft Law, Ordinance, Decree; the proposal from the Prime Minister on issuing the Decision;
b) A detailed explanatory report on the project, draft;
c) Draft document after incorporating comments;
d) A summary of opinions from agencies, organizations, individuals on the draft document; copies of opinions from Ministries, agencies at the ministerial level, and government agencies; reports explaining the adoption of opinions on the draft document;
đ) An impact assessment on administrative procedures; a report on adopting and explaining opinions on the draft document from the Administrative Procedure Control Department under the Ministry of Justice (if the project, draft contains provisions on administrative procedures);
e) A report on the impact assessment of the draft document (for projects, drafts of Law, Ordinance, Decree);
g) A report summarizing the implementation of laws, evaluating the current social relations related to the main content of the draft document (for projects, drafts of Law, Ordinance);
h) Other relevant documents (if any).
2. Procedures for submitting documents for the Ministry of Justice to review:
a) The documents specified in Clause 1 of this Article must be reviewed and officially commented on by the Legal Affairs Department before being submitted to the General Inspector for consideration and decision;
b) After receiving comments from the Legal Affairs Department, the drafting agency completes the documents and submits them to the General Inspector to request the Ministry of Justice to review. In addition to the documents stipulated in Clause 1 of this Article, the documents submitted to the General Inspector to request the Ministry of Justice to review must also include the following documents:
- The submission form to the General Inspector from the drafting agency;
- The draft letter from the Inspectorate to the Ministry of Justice requesting a review of the draft regulatory document;
- Documents clearly stating the Legal Affairs Department's opinion on the request for review; documents explaining the adoption of the Legal Affairs Department's opinion (if applicable).
c) The documents for requesting the Ministry of Justice to review must be prepared in ten sets. The drafting agency is responsible for submitting the documents for review to the Ministry of Justice; studying, explaining, and adopting the review opinions; revising and completing the draft document; implementing relevant requirements of competent authorities until the document is issued.
Article 13. Documents and procedures for requesting the Legal Affairs Department to review
1. The Legal Affairs Department is responsible for reviewing the draft Circulars of the General Inspectorate and takes the lead in coordinating with the legal departments of co-issuing agencies to review joint Circulars between the Inspectorate and ministries, agencies at the ministerial level before submitting them for the signature and issuance by the General Inspector. The drafting agency sends two sets of documents for review to the Legal Affairs Department. For joint Circulars, two sets must also be sent to the Legal Affairs Department of the ministry or agency involved in issuing the Circular. The documents include:
a) Letter requesting the Legal Department to review the draft Circular;
b) The proposal from the General Inspectorate on the draft Circular;
c) The draft Circular after having been studied and adopted opinions from relevant agencies and organizations (draft 3);
d) An impact assessment on administrative procedures; a report explaining the adoption of opinions from the administrative procedure control unit as prescribed (for Circulars) if the draft Circular contains provisions on administrative procedures;
đ) A report on adopting and explaining opinions from bureaus, departments, units, agencies, and individuals; copies of opinion documents from agencies, units, and individuals;
e) Other related documents (if applicable).
2. If the review documents do not meet the requirements stipulated in Clause 1 of this Article, within no more than three working days from the date of receipt of the documents, the Legal Affairs Department requests the drafting agency to supplement the documents.
Article 14. Content and time limit for review by the Legal Affairs Department
1. The content of reviewing draft Circulars includes:
a) The necessity for issuance, the subjects and scope regulated by the document;
b) The consistency of the draft document's content with the Party's viewpoints, policies, and guidelines;
c) Constitutionality, legality, and consistency of the draft document with the system of legal normative documents and compatibility with international treaties to which Vietnam is a party;
d) The feasibility of the document when issued; compliance with the procedures and formalities for drafting the document; technical aspects of drafting the document;
2. The results of the review must be expressed in writing.
3. If the draft Circular contains provisions on administrative procedures, in addition to the contents reviewed as stipulated in points a, b, c, and d of Clause 1 of this Article, the Legal Affairs Department must consider issues as prescribed in Article 7 and Clauses 1, 2, 4, and 5 of Article 8 of Decree No. 63/2010/NĐ-CP. The results of the review regarding administrative procedures must be clearly stated in the review document.
4. The maximum time limit for review is 10 working days, counted from the date the Legal Affairs Department receives all necessary files as prescribed in Clause 1 of Article 14 of this Circular.
5. The leading unit responsible for drafting has the responsibility to study, adopt, report, and explain the comments of the Legal Affairs Department in writing and revise and perfect the draft Circular before submitting it to the General Inspector for signature and issuance.
Chapter V
ISSUANCE OF REGULATORY LEGAL DOCUMENTS
Article 15. Law, Ordinance, Decree, Decision of the Prime Minister
The issuance of Laws, Ordinances, Decrees, and Decisions of the Prime Minister shall be carried out in accordance with the Law on Issuing Legal Normative Documents and Decree No. 24/2009/NĐ-CP.
Article 16. Submitting the Circular for Signature and Issuance by the General Inspector
1. The leading unit responsible for drafting shall submit the Circular and Joint Circulars for signature and issuance by the General Inspector of the Government.
2. The dossier for the draft Circular submitted for signature and issuance by the General Inspector of the Government includes:
a) A work processing form of the leading drafting agency submitted to the General Inspector of the Government according to the model prescribed by the Government Inspectorate;
b) A submission to the General Inspector of the Government regarding the draft Circular;
c) The revised draft Circular after receiving comments from the Legal Affairs Department;
d) A report on adopting and explaining opinions from relevant agencies, units, and individuals; copies of opinion documents from relevant agencies, units, and individuals;
đ) The review document of the Legal Affairs Department. In the case of a joint circular, there must be comments from the Legal Affairs Department of the Ministry or equivalent ministry involved in issuing the circular.
e) Report on adopting and explaining review comments;
g) Other relevant documents (if any).
Article 17. Sending the Circular for Publication in the Official Gazette and the Government Portal
1. Circulars issued by the General Inspector of the Government or jointly issued must be sent for publication in the Official Gazette and the Government Portal of the Government Inspectorate (except for documents containing state secrets).
Within two working days from the date the General Inspector of the Government signs and issues the Circular, the Office of the Government Inspectorate must send two original copies along with a soft copy containing the accurate content of the main document to the Official Gazette Office of the Government and the Government Portal of the Government Inspectorate.
2. In cases where the Circular prescribes emergency measures, it may take effect from the date of signing and issuance but must be immediately published on the Government Inspectorate’s website, announced through mass media, and still published in the Official Gazette no later than two working days from the date of signing and issuance as stipulated in Clause 1 of this Article.
3. No later than three working days from the date of signing and issuance of the Circular, the leading drafting unit is responsible for sending one copy to the Legal Affairs Department for inspection in accordance with the law.
Article 18. Provisions on protecting state secrets
The drafting, soliciting opinions, reviewing, and promulgating normative legal documents containing state secrets must comply with the provisions of laws on protecting state secrets.
Chapter VI
IMPLEMENTATION
Article 19. Ensuring the work of building normative legal documents
1. Budget funds for building and supporting the construction of normative legal documents are allocated from the state budget and other sources as prescribed by law. Within their functions and tasks, the Office, the Department of Planning-Finance and General Affairs shall be responsible for guiding units under the Government Inspectorate to prepare and settle the budget for building and supporting the construction of normative legal documents, ensuring timely funding for the work of building and promulgating normative legal documents.
Clause 2. Annual budget planning:
a) Based on the plan for building normative legal documents of their unit and the current regulations, the main drafting units shall coordinate with functional units to build the budget plan for the work of building normative legal documents of their unit.
b) Before June 1st each year, units shall submit their budget plans for the work of building normative legal documents for the following year to the Office, the Department of Planning-Finance and General Affairs to build the budget plan ensuring the work of building normative legal documents of the Government Inspectorate.
3. Funds for building and supporting the construction of normative legal documents are taken from the regular expenditure budget of the Government Inspectorate; the level of spending, payment, and settlement of funds are carried out according to the current regulations on preparing budgets for managing and using funds and settling accounts to ensure the work of building normative legal documents and perfecting the legal system.
4. Units participating in the construction of normative legal documents may use support funds from projects of domestic and foreign organizations and individuals as prescribed by law to supplement the budget for building normative legal documents and perfecting the legal system.
5. Units under the Government Inspectorate within their functions, tasks, and authorities shall be responsible for allocating staff and funds; providing working tools, information, and other necessary conditions for the preparation, drafting, soliciting opinions, and reviewing draft normative legal documents.
6. The International Cooperation Department shall be responsible for coordinating with the Legal Department in international cooperation activities to exploit resources and investment projects for the work of building normative legal documents.
Article 20. Effective Date
This Circular takes effect from June 1, 2013; Decision No. 2015/2007/QD-TTCP dated September 26, 2007 of the Chief Inspector on the issuance of regulations on the activities of the Government Inspectorate in drafting, reviewing, and promulgating normative legal documents is hereby abolished.
Article 21. Responsibility for Implementation
1. The Director of the Office, heads of departments and units under the Government Inspectorate and related organizations and individuals are responsible for implementing this Circular.
2. The Legal Department is responsible for monitoring, inspecting, and evaluating the implementation of this Circular.
3. During the implementation of this Circular, if there are difficulties, agencies, organizations, and individuals should report to the Government Inspectorate (through the Legal Department) for timely research, amendment, and supplementation.
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