This Circular guides the impact assessment of administrative procedures during the process of drafting normative legal documents, including assessing the necessity, legality, rationality, and compliance costs for newly issued administrative procedures, detailed regulations, or amended, supplemented, or abolished ones. This Circular takes effect from March 28, 2022, and replaces Circular No. 07/2014/TT-BTP.
Scope of application
Agencies and organizations related to the drafting of normative legal documents containing administrative procedures.
Key points
- Assessing the necessity of newly proposed administrative procedures.
- Assessing the legality and rationality of newly proposed administrative procedures.
- Calculating compliance costs for newly proposed administrative procedures, detailed regulations, or amended, supplemented, or abolished ones.
- Implement monitoring, guidance, urging, and inspection of the implementation of this Circular.
- Effective date from March 28, 2022.
🌐 Social impact of this document
- To improve the quality of drafting normative legal documents.
- To create favorable conditions for citizens and businesses in implementing administrative procedures.
- To reduce compliance costs for organizations and individuals.
❓ Frequently asked questions
Which Circular does this replace?
Circular No. 07/2014/TT-BTP dated February 24, 2014, of the Minister of Justice guiding the impact assessment of administrative procedures and reviewing, evaluating administrative procedures.
When does this Circular take effect?
This Circular takes effect from March 28, 2022.
Full text
CIRCULAR
Guidelines on assessing the impact of administrative procedures in
proposing to draft regulatory legal documents and drafting
projects and drafts of regulatory legal documents
______________
On the basis of Law on Legislative Regulatory Documents dated June 22, 2015;
Based on the Law Amending and Supplementing Certain Provisions of the Law on Enactment of Legislative Acts dated June 18, 2020;
Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;
Pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. Decision No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Issuance of Legal Normative Documents;
Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;
Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control;
Pursuant to Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of decrees related to administrative procedure control;
Pursuant to DecreeNo. 96/2017/NĐ-CP date 16 ENVIRONMENTJune 2024;energy 8 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 of the Government stipulating functions, tasks, powers, and organizational structureof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP the functions of the Ministry of Justice;
At the proposal of Director of the Department of General Issues on Legal Drafting;
The Minister of Justice issues this Circular guiding the assessment of the impact of administrative proceduresJune 2024;in proposing to draft regulatory legal documents and drafting projects and drafts of regulatory legal documents. This Circular guides the assessment of the impact of administrative procedures in proposing to draft regulatory legal documents and drafting projects and drafts of regulatory legal documents.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. Agencies and units proposing to draft regulatory legal documents related to administrative procedures (hereinafter referred to as agencies proposing to draft) and agencies and units primarily responsible for drafting projects and drafts of regulatory legal documents containing administrative procedures (hereinafter referred to as agencies primarily responsible for drafting).
Article 2. Applicability
2. Agencies and units reviewing proposals to draft regulatory legal documents related to administrative procedures; reviewing projects and drafts of regulatory legal documents containing administrative procedures (hereinafter referred to as agencies reviewing).
3. Legal affairs organizations under ministries and ministerial-level agencies, Departments of Justice under People's Committees of provinces and centrally-administered cities.
4. Agencies and units controlling administrative procedures (hereinafter referred to as agencies controlling administrative procedures).
5. Relevant agencies, organizations, and individuals.
1. Proposals to draft regulatory legal documents related to administrative procedures (hereinafter referred to as proposals to draft documents) are proposals to draft regulatory legal documents with policies related to administrative procedures.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
2. Projects and drafts of regulatory legal documents containing administrative procedures (hereinafter referred to as projects and drafts of documents) are projects and drafts of regulatory legal documents that fully or partially constitute administrative procedures or abolish administrative procedures.
3. Assessing the impact of administrative procedures in proposals to draft documents is the study and examination of necessity, legality, rationality, and compliance costs of administrative procedures to select optimal solutions for implementing policies.
4. Assessing the impact of administrative procedures in drafting projects and drafts of documents is the study and examination of necessity, legality, rationality, and compliance costs of selected or considered administrative procedures to choose optimal solutions for issuing new, amending, supplementing, or abolishing administrative procedures.
5. Compliance cost calculation of administrative procedures is the quantification of costs that individuals and organizations must incur when implementing newly issued, amended, or supplemented administrative procedures or the quantification of cost reductions when administrative procedures are abolished.
6. Administrative procedure assessment report of projects and drafts of documents is a summary of the results of administrative procedure assessments conducted in accordance with this Circular.
6. The administrative procedure assessment report of the project or draft document is a consolidated report of the results of the administrative procedure assessment conducted in accordance with this Circular.
Article 4. Responsibilities of agencies and units in assessing the impact of administrative procedures
1. The proposing agency and the main drafting agency shall be responsible for assessing the impact of administrative procedures and soliciting opinions from the administrative procedure oversight agency in accordance with the laws on administrative procedure oversight.
At the Ministry of Justice, the proposing unit and the main drafting unit shall be responsible for assessing the impact of administrative procedures and soliciting opinions from the Department of General Issues in Lawmaking and the Ministry of Justice's Office.
2. The Department of General Issues in Lawmaking assists the Minister of Justice in guiding ministries, ministerial-level agencies, provincial people's committees under the central government on the work of assessing the impact of administrative procedures during the proposal to establish legal documents and draft projects and drafts.
3. The reviewing agency shall be responsible for reviewing provisions of administrative procedures according to the Law on Issuing Legal Normative Documents 2015 (amended and supplemented in 2020) and the regulations on administrative procedure oversight.
During the review process, the administrative procedure oversight agency shall provide comments at the review meeting (if invited to participate in the review meeting) or in writing upon request of the reviewing agency regarding the assessment of the impact of administrative procedures and administrative procedure provisions in the proposal to establish legal documents and project, draft documents.
At the Ministry of Justice, the Department of General Issues in Lawmaking shall provide comments at the review meeting (if invited to participate in the review meeting) or in writing upon request of the reviewing unit regarding the assessment of the impact of administrative procedures and administrative procedure provisions in the proposal to establish legal documents and project, draft documents proposed and drafted by the ministry or ministerial-level agency. The Ministry of Justice's Office shall provide comments at the review meeting (if invited to participate in the review meeting) or in writing upon request of the reviewing unit regarding the assessment of the impact of administrative procedures and administrative procedure provisions in the proposal to establish legal documents and project, draft documents proposed and drafted by the Ministry of Justice.
If necessary, the Department of General Issues in Lawmaking, Ministry of Justice shall organize solicitation of opinions from relevant agencies, organizations, and affected entities regarding the administrative procedure provisions to perfect the content of the review on administrative procedure provisions before submitting to the reviewing unit for consolidation and completion of the Review Report.
Chapter II
ASSESSING THE IMPACT OF ADMINISTRATIVE PROCEDURES IN PROPOSAL TO ESTABLISH LEGAL DOCUMENTS
Article 5. Process of assessing the impact of administrative procedures in proposal to establish legal documents
1. Timing of impact assessment
The assessment of the impact of administrative procedures shall be conducted during the completion of the proposal establishment document dossier and must be completed before sending the dossier to the reviewing agency for the proposal establishment document.
2. The proposing agency shall implement the assessment of the impact of administrative procedures in the following steps:
a) Conducting the assessment of the impact of administrative procedures
The proposing agency shall base on the provisions of Articles 6, 7, 8, and 9 and use the Impact Assessment Form for Administrative Procedures in Proposal to Establish Legal Documents attached as Appendix I of this Circular to assess the necessity, legality, rationality, and compliance costs of administrative procedures.
b) Completing the proposal for administrative procedure provisions
During the impact assessment, if the administrative procedure is determined to be unnecessary or not within the issuing authority according to the law, the proposing agency shall not conduct the assessment and shall not propose solutions or measures for administrative procedure provisions in the proposal to establish legal documents.
If the administrative procedure is determined to be necessary and issued within the authority, the impact assessment of the administrative procedure shall continue, and based on the assessment results, the proposing agency shall revise and complete the proposal for solutions or measures for administrative procedure provisions.
c) Summarizing the results of the impact assessment of administrative procedures
After completing the impact assessment of administrative procedures, the proposing agency shall incorporate the assessment results into the content of the Policy Impact Assessment Report. The Impact Assessment Form for Administrative Procedures in Proposal to Establish Legal Documents attached as Appendix I of this Circular is part of the Policy Impact Assessment Report.
Article 6. Evaluation of the necessity of administrative procedures in proposing to draft legal documents
The necessity of an administrative procedure shall be evaluated based on the following contents:
1. Meeting the requirements for state management of a specific industry or field, or implementing special measures to develop the socio-economic conditions of a locality.
2. Ensuring the rights, obligations, and legitimate interests of individuals and organizations.
3. Being the optimal solution among possible solutions to ensure the requirements set forth in Clause 1 and Clause 2 of this Article.
Article 7. Evaluation of the legality of administrative procedures in proposing to draft legal documents
The legality of administrative procedures shall be evaluated based on the following contents:
1. The proposed administrative procedures in the proposal to draft legal documents must comply with the authority stipulated in the Law on Issuance of Legal Normative Documents 2015 (amended and supplemented in 2020) and the regulations on administrative procedure control.
2. The proposed administrative procedures must ensure consistency with the legal system.
3. The proposed administrative procedures must ensure compatibility between the main policy content in the proposal to draft legal documents and relevant international treaties to which the Socialist Republic of Vietnam is a member.
Article 8. Evaluation of the rationality of administrative procedures in proposing to draft legal documents
1. The drafting agency shall evaluate the rationality of three parts of the administrative procedure, including the name of the administrative procedure, the subject implementing the administrative procedure, and the agency resolving the administrative procedure.
2. The rationality of the parts of the administrative procedure in the proposal shall be evaluated based on the following contents:
a) Name of the administrative procedure
The name of the administrative procedure must be clearly defined and appropriate. The name of the administrative procedure includes: terms or phrases indicating the action of the state agency or individual/organization combined with the result of the administrative procedure and combined with each specific object, field (if applicable), or combined with phrases indicating objects or events that the state agency wants to manage or that individuals/organizations wish to achieve.
b) Subject implementing the administrative procedure
The subject implementing the administrative procedure must be clearly defined; ensuring the rights and legitimate interests of the subject; ensuring fairness among individuals, among organizations, between individuals and organizations, among industries and fields, among regions, and between domestic and foreign entities; and having the largest number of subjects complying with the procedure benefiting from it.
c) Agency resolving the administrative procedure
The agency resolving the administrative procedure must be appropriately determined in accordance with the state management authority at the administrative level or territorial boundary as prescribed by law; facilitating individuals and organizations in complying with the administrative procedure when contacting the competent authority; ensuring the maximum application of decentralization or delegation solutions to lower-level administrative agencies or localities to resolve administrative procedures.
Article 9. Compliance costs of administrative procedures in proposing to draft legal documents
The drafting agency must clearly determine whether individuals and organizations must pay fees, charges, and other costs (if any) to implement the administrative procedure.
Proposing the provision of fees, charges, and other costs (if any) must fundamentally ensure compensation for costs and service-oriented nature when state agencies resolve administrative procedures for individuals and organizations; minimizing unnecessary costs for individuals and organizations; taking into account the characteristics of each region, each subject, each field, and international practices.
Chapter III
EVALUATION OF THE IMPACT OF ADMINISTRATIVE PROCEDURES IN DRAFTING PROJECTS AND PROPOSALS FOR LEGAL DOCUMENTS
Article 10. Procedure for assessing the impact of administrative procedures during the drafting of project proposals and draft documents
1. Timing of impact assessment
The assessment of the impact of administrative procedures shall be carried out during the drafting process of project proposals and draft documents and must be completed before submitting the dossier to the agency responsible for reviewing the project proposals and draft documents.
2. The leading agency drafting the project proposal or draft document shall implement the assessment of the impact of administrative procedures according to the following steps:
a) Conducting the assessment of the impact of administrative procedures
The leading agency drafting shall base on the provisions of Articles 11 and 12 and use the Impact Assessment Form for new administrative procedures proposed in the project proposal or draft document at Appendix II (marked as Form No. 02/IMP-NEW) or the Impact Assessment Form for administrative procedures detailed or amended in the project proposal or draft document at Appendix II (marked as Form No. 03/IMP-DTL/AMDT), the Cost Compliance Form for administrative procedures in the project proposal or draft document at Appendix II (marked as Form No. 04/IMP-CST) issued together with this Circular to assess the necessity, legality, rationality, and compliance costs of administrative procedures.
For administrative procedures that have been assessed in the preparation of the proposal to establish the document, in the drafting of the project proposal or draft document, the leading agency may continue to use the results of the previous assessment and supplement the assessment of other contents as stipulated in Articles 11 and 12 of this Circular.
b) Completing the regulations on administrative procedures
If the administrative procedure is determined to be unnecessary or not within the issuing authority's jurisdiction as prescribed by law, the leading agency shall not conduct the assessment and shall not include the administrative procedure in the project proposal or draft document.
If the administrative procedure is determined to be necessary and issued within the proper authority, the impact assessment of the administrative procedure shall continue, and based on the assessment results, the leading agency shall revise and complete the regulations on the administrative procedure.
c) Summarizing the results of the impact assessment of administrative procedures
After completing the impact assessment of the administrative procedure, the leading agency shall compile the assessment results into the Administrative Procedure Assessment Report of the project proposal or draft document at Appendix II (marked as Form No. 01/IMP-RPT) issued together with this Circular.
For the impact assessment of administrative procedures in draft resolutions of provincial People's Councils directly under the Central Government and draft decisions of provincial People's Committees directly under the Central Government, the leading agency shall compile the assessment results of the impact of administrative procedures into the Petition for the Draft Resolution or Decision.
Article 11. Assessment of the impact of new administrative procedures proposed in the drafting of project proposals and draft documents
1. The leading agency shall assess the necessity of the administrative procedure according to the contents prescribed in Article 6 of this Circular.
2. The drafting agency assesses the legality of the administrative procedures based on the following contents:
a) The administrative procedure must be issued within the proper authority as prescribed in the Law on Issuing Legal Documents 2015 (amended and supplemented in 2020) and the laws on administrative procedure control;
b) The content of the administrative procedure regulations must be consistent within the same document; it must not conflict with other legal documents and international treaties to which the Socialist Republic of Vietnam is a member.
3. The leading agency shall assess the rationality of the parts of the administrative procedure according to the following contents:
a) The parts of the administrative procedure, including: the name of the administrative procedure, the subject implementing the administrative procedure, and the agency handling the administrative procedure, shall be assessed according to the provisions of Clause 2, Article 8 of this Circular.
b) The procedure for implementing the administrative procedure
The procedure for implementing the administrative procedure shall clearly specify each step of implementation; clearly define the responsibilities and tasks of state agencies and individuals or organizations participating in the implementation. At the same time, the steps must be arranged in a suitable sequence regarding time, process, and the competent authority for handling; apply the maximum interconnection mechanism; enhance the processing of administrative procedures in an electronic environment.
c) The method of implementing the administrative procedure
The method of implementing the administrative procedure shall be clearly specified, diverse in methods of submitting applications and receiving results, suitable to the conditions of the agency handling the administrative procedure, and create the most favorable conditions for individuals and organizations with the lowest cost.
d) Components and quantity of documents
The documents required to handle the administrative procedure shall be clearly specified about the name and form of each component and the number of sets of documents.
The components and quantity of documents must truly be necessary for handling the administrative procedure, meet the standards and conditions prescribed by law, ensure the management objectives of the state; the components of the documents must not overlap with the components of another administrative procedure whose result is the document component of the proposed administrative procedure or the document component is the result managed by the agency handling the administrative procedure; do not require the provision of documents or files already stored in the receiving or handling agency or connected and shared information between agencies and organizations as prescribed; the form of the document components must be diverse and easy to implement.
For administrative procedures implemented in an electronic environment, the regulation of electronic documents must comply with the legal provisions on the implementation of administrative procedures in an electronic environment.
For the implementation of administrative procedures under the single window national, ASEAN single window, and specialized inspection of imported and exported goods, the regulation of documents must comply with the legal provisions on the implementation of administrative procedures under the single window national, ASEAN single window, and specialized inspection of imported and exported goods.
đ) Time limit for handling administrative procedures
The time limit for administrative procedures shall be clearly and specifically defined, including the total time from receiving complete files in accordance with regulations to delivering the results of administrative procedures. The provision of time limits for administrative procedures must ensure efficiency in saving time for individuals and organizations and be commensurate with the capacity of the administrative procedure handling agencies.
In cases where an administrative procedure is handled by multiple competent authorities or jointly, the time limits for each agency must be clearly and fully specified, along with the methods and timeframes for transferring files between agencies.
e) Fees, charges, and other costs (if any)
Fees, charges, and other costs (if any) shall be clearly and specifically defined; they should primarily cover the costs incurred when state agencies implement administrative procedures for individuals and organizations, aiming to minimize unnecessary costs for individuals and organizations; they should take into account the characteristics of different regions, target groups, fields, and international practices.
g) Forms, declarations
If an administrative procedure requires forms or declarations, such forms and declarations must be standardized and digitized in accordance with regulations.
Forms and declarations must be clear, concise, and truly necessary for the processing of administrative procedures, enhancing the responsibility of individuals and organizations for the contents of their forms and declarations.
Forms and declarations shall not require additional conditions, files, or documents that are not stipulated in the relevant legal normative documents.
If forms and declarations need confirmation from agencies or authorized persons, the agencies or persons responsible for confirming and the content of the confirmation must be clearly specified.
h) Requirements, conditions
The requirements and conditions of administrative procedures shall be clearly and specifically defined, necessary for regulatory management, suitable for the capacity of individuals and organizations to meet them; ensuring fairness among individuals, among organizations, between individuals and organizations, among sectors and fields, among regions, and between domestic and foreign entities; clearly defining the responsibility for proving requirements and conditions; and not including provisions that generate additional files or documents for individuals and organizations beyond those already specified in Point d Clause 3 Article this.
i) Results of implementing administrative procedures
The form (paper or electronic), time limit, scope, and conditions for effectiveness (if any) of the results of implementing administrative procedures shall be clearly defined, convenient, and appropriate for regulatory management, the rights, obligations, and legitimate interests of individuals and organizations, and practical circumstances.
4. Calculation of compliance costs for administrative procedures
a) Principles for calculating compliance costs for administrative procedures
Select data at a low average level if there are multiple sources of data with significant differences.
Do not include opportunity costs.
b) Method for calculating compliance costs for administrative procedures
Formula for calculating compliance costs for one administrative procedure:
|
Compliance cost for one administrative procedure |
= |
Costs of performing necessary tasks as prescribed to obtain the result of |
+ |
Fees, charges, and other costs as prescribed (if any) |
Formula for calculating total compliance costs for one administrative procedure in one year:
|
Total compliance cost for one administrative procedure in one year |
= |
Compliance cost for one administrative procedure |
x |
Number of times performed as prescribed in one year |
x |
Number of subjects complying with the administrative procedure in one year |
c) Method for determining specific types of costs for calculating compliance costs for administrative procedures
Determine the cost of performing each task:
|
Cost of performing each task |
= |
Travel time, filling out forms, declarations, other documents |
x |
Average income per person per hour of work Average income |
+ |
Consulting and service fees (printing, photocopying, certification, notarization, authentication, translation; postal services, internet, etc.) |
Where:
Travel time is calculated on average as one (1) hour per trip; time spent filling out forms and declarations according to templates is calculated on average as one (1) hour per page; time spent preparing other documents is calculated based on the actual time required to complete them.
Depending on the location, scope, travel time, and time spent filling out forms and declarations, these will be determined according to corresponding standards:
|
Time |
Location Scope |
Urban area |
Rural areas |
Mountainous, island areas |
|
Travelperiodi |
Commune level |
1.0 |
1.5 |
2.0 |
|
District Level |
1.5 |
2.25 |
3.0 |
|
|
Provincial level |
2.0 |
3.0 |
4.0 |
|
|
Inter-regional |
8.0 |
12.0 |
16.0 |
|
|
Inter-provincial |
16.0 |
24.0 |
32.0 |
|
|
Filling out forms, declarations |
One page |
1.0 |
1.5 |
2.0 |
Average income per person per hour of work calculated using the formula:
|
Income level |
= |
Gross Domestic Product ____________________________________________________ |
||||||
|
Population |
x |
Twelve months |
x |
Twenty-two working days |
x |
Eight hours of work |
||
Where gross domestic product and population are based on the latest statistics prior to the year for which compliance costs are being calculated.
Consulting and service fees shall be applied according to current prices set by the state. In cases where there are no regulations, the actual price shall be applied.
Determining fees, charges, and other costs as prescribed (if any) when implementing administrative procedures: Apply the prescribed levels of fees, charges, and other costs (if any) as stipulated by the competent authority regarding fees and charges for administrative procedures.
Determining the number of times an administrative procedure is implemented in one year: The number of times an administrative procedure is implemented in one year is determined according to the regulations on the administrative procedure. For procedures that are only implemented once a year, the number of implementations in the calculation year is considered to be one time.
Determining the number of subjects complying with an administrative procedure in one year: The number of subjects complying with an administrative procedure in one year is determined based on forecasts or statistics on the total number of individuals and organizations implementing the procedure.
In cases where it is not possible to forecast the number of subjects complying with an administrative procedure in one year, calculate the compliance cost for one implementation of the administrative procedure.
5. The leading agency responsible for drafting shall use the Impact Assessment Form for new administrative procedures to be issued in the project or draft document at Appendix II (marked as Form No. 02/ĐGTĐ-BHM) and the Cost Compliance Calculation Form for administrative procedures in the project or draft document at Appendix II (marked as Form No. 04/ĐGTĐ-SCM), issued together with this Circular, to assess the necessity, legality, rationality, and compliance costs of the new administrative procedures to be issued.
Article 12. Impact assessment of administrative procedures detailed, amended, supplemented, or abolished
1. In cases where laws or resolutions of the National Assembly have not fully specified the components of an administrative procedure and delegate subordinate agencies to fully specify and detail them, the leading agency responsible for drafting shall conduct an impact assessment on the components of the administrative procedure that need to be fully specified and detailed according to Article 11 and use the Impact Assessment Form for detailed administrative procedures, amendments, or supplements in the project or draft document at Appendix II (marked as Form No. 03/ĐGTĐ-QĐCT/SĐBS), issued together with this Circular.
If the administrative procedure assigned to be detailed is a newly issued administrative procedure, the leading agency responsible for drafting shall implement the calculation of compliance costs for the administrative procedure according to Clause 4 of Article 11 of this Circular. If the administrative procedure assigned to be detailed is an amended or supplemented administrative procedure, the leading agency responsible for drafting shall implement the calculation of compliance costs for the administrative procedure according to Clause 4 of Article 12 of this Circular.
2. For amended or supplemented administrative procedures, the leading agency responsible for drafting shall conduct an impact assessment on the components of the amended or supplemented administrative procedure according to Article 11 and use the Impact Assessment Form for detailed administrative procedures, amendments, or supplements in the project or draft document at Appendix II (marked as Form No. 03/ĐGTĐ-QĐCT/SĐBS), issued together with this Circular.
In addition to conducting an impact assessment, the leading agency responsible for drafting must clearly explain the simplicity and advantages of the amended or supplemented administrative procedure, as well as the cost benefits. In cases where the amendment or supplementation of normative legal documents containing administrative procedures issued before July 1, 2016, must comply with the principles stipulated in Clause 4 of Article 172 of the Law on Issuing Normative Legal Documents 2015 (amended and supplemented in 2020).
3. For abolished administrative procedures, the leading agency responsible for drafting shall clearly state the reasons and cost benefits of abolishing the administrative procedure at Point 3, Section II of the Administrative Procedure Evaluation Report of the project or draft document at Appendix II (marked as Form No. 01/ĐGTĐ-BC), issued together with this Circular.
4. The calculation of compliance costs for amended, supplemented, or abolished administrative procedures shall be carried out according to Clause 4 of Article 11 of this Circular and the following provisions:
a) The leading agency responsible for drafting shall calculate the costs for the current administrative procedure, the costs for the amended or supplemented administrative procedure, or the costs for the abolished administrative procedure. The compliance cost for the amended or supplemented administrative procedure is determined based on the current cost after adjusting the contents that have been amended or supplemented. The compliance cost for the abolished administrative procedure is zero.
b) The cost benefit of amending, supplementing, or abolishing is the difference between the compliance cost of the current administrative procedure and the compliance cost of the amended, supplemented, or abolished administrative procedure.
c) The leading agency responsible for drafting shall use the Cost Compliance Calculation Form for administrative procedures in the project or draft document at Appendix II (marked as Form No. 04/ĐGTĐ-SCM), issued together with this Circular, to calculate the compliance costs for the amended, supplemented, or abolished administrative procedures.
Chapter IV
IMPLEMENTING PROVISIONS
Article 13. Responsibility for Implementation
1. The head of the Legal Affairs Organization, the Director of the Department of Justice shall be responsible for assisting the Minister, the head of the equivalent ministry, the Chairman of the People's Committees of provinces and centrally governed cities; the heads of agencies and units under the Ministry of Justice shall be responsible for assisting the Minister of Justice and relevant agencies in implementing this Circular.
2. The General Department of Legal Issues shall take the lead and coordinate with related agencies and units under the Ministry of Justice to assist the Minister of Justice in monitoring, guiding, urging, and inspecting the implementation of this Circular.
Article 14. Effective Date
1. This Circular takes effect from March 28, 2022, and replaces Circular No. 07/2014/TT-BTP dated February 24, 2014, issued by the Minister of Justice guiding the impact assessment of administrative procedures and the review and evaluation of administrative procedures.
2. For files proposing the establishment of documents and project or draft document files submitted to the competent authority for examination before this Circular takes effect, they shall continue to be implemented according to Circular No. 07/2014/TT-BTP dated February 24, 2014, issued by the Minister of Justice guiding the impact assessment of administrative procedures and the review and evaluation of administrative procedures.
3. During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Justice (through the General Department of Legal Issues) for research and amendment or supplementation./.
DEPUTY MINISTER
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