Decision No. 05/2007/QD-TTg Issuing the Regulation on Project Appraisal and Draft Legal Normative Documents

Pursuant to …;

Issuing regulations on project review and draft normative legal documents (112)

Pursuant to the Law on Enacting Normative Legal Documents dated November 12, 1996, and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents dated December 16, 2002;

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 16/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Enacting Normative Legal Documents and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents;

At the proposal of the Minister of Justice.

This Decision promulgates the Regulations on Project Review and Draft Normative Legal Documents.

DECISION:

Article 1. These Regulations shall take effect fifteen days from the date of publication in the Official Gazette.

Article 2. Regulations on Project Review and Draft Normative Legal Documents

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.

REGULATIONS

(Annexed to Decision No. 05/2007/QĐ-TTg dated January 10, 2007 of the Prime Minister)

Article 1. Project Review and Draft Normative Legal Documents

PART I
GENERAL PROVISIONS

Project review and draft normative legal documents (hereinafter referred to collectively as projects or drafts) is an activity examining and evaluating the content and form of projects and drafts to ensure their constitutionality, legality, consistency, and coherence within the legal system.

Clause 1. These regulations stipulate the procedures and formalities for project review and draft preparation carried out by the Ministry of Justice and the Review Board (hereinafter referred to collectively as the reviewing bodies).

Article 2. Scope of Regulation

Clause 2. Projects and drafts subject to review include:

a) Law and ordinance projects, and draft resolutions submitted by the Government to the National Assembly and the Standing Committee of the National Assembly;

b) Draft resolutions and decrees of the Government;

c) Draft decisions and directives of the Prime Minister.

Clause 3. These regulations do not apply to law and ordinance projects, and draft resolutions submitted by other agencies, organizations, or National Assembly deputies to the National Assembly and the Standing Committee of the National Assembly where the Government has the responsibility to provide comments.

Article 3. Principles of Review

The review of projects and drafts must ensure the following principles:

Clause 1. Ensuring objectivity and scientific rigor;

Clause 2. Adhering to the procedures, formalities, and deadlines for review as prescribed by the Law on Enacting Normative Legal Documents and these regulations;

Clause 3. Ensuring coordination among relevant agencies.

Article 4. Content of Review

The review of projects and drafts includes the following contents:

Clause 1. The necessity of issuing the document;

Clause 2. The objects and scope of regulation of the projects and drafts;

Clause 3. The compatibility of the content of the projects and drafts with the Party's policies, guidelines, and policies;

Clause 4. The constitutionality, legality, and consistency of the projects and drafts with the legal system; the compatibility of the content of the projects and drafts with international treaties to which the Socialist Republic of Vietnam is a party;

Clause 5. The feasibility of the projects and drafts;

Clause 6. Compliance with drafting procedures and formalities;

Clause 7. Language and technical aspects of document drafting.

Article 5. Responsibilities of State Agencies in Review

Clause 1. Agencies assigned the main responsibility for drafting projects and drafts have the responsibility to:

a) Submit complete review files as prescribed in Clause 1 of Article 6 of these regulations to the reviewing body;

b) Provide necessary information and materials related to the reviewed projects and drafts upon request of the reviewing body;

c) Present the projects and drafts when requested by the reviewing body;

d) Study and incorporate suggestions from the review to revise the projects and drafts before submitting them to the Government and the Prime Minister; at the same time, provide written explanations about the incorporation or non-incorporation of review suggestions and report to the Government and the Prime Minister for consideration and decision. Such explanatory documents must be sent to the Ministry of Justice and the Office of the Government.

e) Invite representatives from the Ministry of Justice to participate in the activities of the Drafting Board and the Editing Group of the projects and drafts to ensure close cooperation between the drafting agency and the reviewing body; to ensure the quality of the projects and drafts and the quality of the review reports; the main drafting agency bears this responsibility.

Clause 2. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees within their functions, tasks, and authorities have the responsibility to:

a) Appoint suitable representatives with appropriate expertise to join the Review Board at the request of the Ministry of Justice for projects and drafts primarily drafted by the Ministry of Justice;

b) Provide information and materials related to the review upon request of the reviewing body.

Provide information and documents related to the appraisal as requested by the appraisal agency.

Article 6. Review File

1. The project draft and draft proposal prepared by Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees shall be submitted to the Ministry of Justice for review (hereinafter referred to as the review file), including:

a) A letter requesting review;

b) Draft proposal to the Government on the project of laws, ordinances, draft resolutions of the National Assembly, Standing Committee of the National Assembly, draft decrees, resolutions of the Government, draft proposal to the Prime Minister on draft decisions, directives of the Prime Minister;

c) Project draft;

d) Summary of opinions from relevant ministries, sectors, agencies, organizations regarding the project draft, copies of opinions from each ministry, sector, agency, organization; summary of opinions from entities directly affected by the document, public opinions on the project draft (if any); explanation on the adoption and non-adoption of comments into the project draft.

The number of documents specified in points b, c, and d of Clause 1 of this Article is 10 (ten) sets.

2. The review file for project drafts prepared by the Ministry of Justice and sent to members of the Review Council includes:

a) Official letter requesting the Chairman of the Review Council to organize a review meeting;

b) Draft proposal to the Government on the project of laws, ordinances, draft resolutions of the National Assembly, Standing Committee of the National Assembly, draft decrees, resolutions of the Government; draft proposal to the Prime Minister on draft decisions, directives of the Prime Minister;

c) Project draft;

d) Summary of opinions from relevant ministries, sectors, agencies regarding the project draft, copies of opinions from each ministry, sector, agency; summary of opinions from entities directly affected by the document, public opinions on the project draft (if any); explanation on the adoption and non-adoption of comments into the project draft.

Article 7. Archiving the Review File

The Minister of Justice is responsible for organizing the archiving and preservation of the review file, minutes of the Review Council meetings, review documents, and related materials in accordance with the law on archiving.

Chapter II
REVIEW OF PROJECTS AND DRAFTS

Section 1
REVIEW OF PROJECTS AND DRAFTS CONDUCTED BY THE MINISTRY OF JUSTICE

Article 8. Assignment of Research and Review

1. The Minister of Justice is responsible before the Government for the content of reviewing projects and drafts.

2. Deputy Ministers of Justice assist the Minister in directly overseeing the review work of projects and drafts within their assigned fields according to the Minister's assignment.

For projects and drafts involving complex issues related to mechanisms and policies not yet regulated by law and other important issues, the Deputy Minister must report to the Minister and seek guidance on the content of the review.

3. Units under the Ministry of Justice assist the Minister and Deputy Ministers in researching and reviewing projects and drafts related to their assigned industries and fields.

4. In cases where the review of projects and drafts requires coordination among multiple units, one unit will be assigned to lead the review, with other units participating in the review as stipulated in Article 12 of this Regulation.

Article 9. Receiving the Review File

1. The Ministry of Justice is responsible for receiving and checking the review file as prescribed in Clause 1 of Article 6 of this Regulation.

If the review file lacks any of the documents specified in points a, b, c, and d of Clause 1 of Article 6 of this Regulation, the Ministry of Justice has the right to request the drafting agency to supplement the file within 2 (two) working days from the date of receipt of the file.

2. The drafting agency is responsible for supplementing the review file within 3 (three) working days from the date it receives the request to supplement the file from the Ministry of Justice.

The review period starts from the day the reviewing agency receives a complete review file.

3. Immediately upon receiving a complete review file, the file reception department must transfer the review file to the unit assigned to conduct the review.

In cases where no unit has been assigned to review the project or draft, the file reception department must promptly report to the Minister or Deputy Minister responsible for the review field to assign a reviewing unit.

Article 10. The Ministry of Justice's authority in reviewing

During the review process, the Ministry of Justice has the right to:

1. Request the agency in charge of drafting the draft law, ordinance, resolution of the National Assembly, Standing Committee of the National Assembly; draft decree, resolution of the Government with complex content, related to many sectors, many fields to present the draft before the review;

2. Propose the agency in charge of drafting to provide information and documents related to the draft being reviewed;

3. In case of necessity, organize meetings with the participation of the agency in charge of drafting and representatives of relevant agencies, organizations, experts, scientists, managers to discuss and exchange opinions on the content of the review; organize or jointly with the agency in charge of drafting to organize surveys on issues related to the content of the draft;

4. Invite managers, scientists, and experts who are knowledgeable about the specialized issues within the content of the draft to participate in the review.

Article 11. Organizing research for projects and drafts to serve the review activities

1. Units under the Ministry of Justice assigned to review projects and drafts must organize research groups within the unit according to their specialty or field of law that the unit is responsible for managing and monitoring.

2. According to the assignment of the Ministry of Justice leadership, the head of the unit assigns leaders and specialists to cooperate in drafting with the agency in charge of drafting the project and draft.

3. Leaders of units under the Ministry of Justice assigned to participate in drafting projects and drafts have the responsibility to proactively organize research, maintain regular contact with the agency in charge of drafting and relevant agencies to ensure proactive review activities of projects and drafts.

4. The review at each unit under the Ministry of Justice shall be directly overseen by a unit leader with a reasonable number of specialists to ensure that the research and review of projects and drafts involve collective discussion and debate.

Article 12. Review by units under the Ministry of Justice

1. The head of the unit assigned to lead the review is responsible for organizing a review meeting at their own unit; assigning representatives of the unit's leadership and specialists who have directly participated in drafting to take primary responsibility for preparing the review document.

2. When deemed necessary, the head of the unit assigned to lead the review may request related units to cooperate in the review through written means or organize a meeting to review the project and draft.

3. The head of the unit assigned or proposed to cooperate in the review is responsible for organizing research on the project and draft within their own unit and submitting written comments to the leading review unit no later than 7 (seven) days from the date of receiving the review file or sending a representative to attend the review meeting.

Article 13. Review of projects and drafts with complex content, related to many sectors, many fields

1. For draft laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly, draft decrees, resolutions of the Government with complex content, related to many sectors, many fields, based on the proposal of the leading review unit, the Minister or Deputy Minister of Justice responsible for the review area decides to organize a meeting to discuss the content of the draft.

2. Participants in the meeting include representatives of units under the Ministry of Justice assigned to lead the review, representatives of the agency in charge of drafting, managers, scientists, and experts knowledgeable about the specialized issues within the content of the draft.

3. The meeting is chaired by the Ministry of Justice leadership and conducted in the following sequence:

a) Representatives of the agency in charge of drafting present the draft or provide additional information and documents related to the draft;

b) Participants in the meeting discuss and express opinions, focusing on the issues stipulated in Article 4 of this Regulation;

c) The Ministry of Justice leadership concludes.

Opinions of participants in the meeting and conclusions of the Ministry of Justice leadership must be reflected in the minutes of the meeting.

Article 14. Preparation of Draft Review Documents

1. Based on the review content stipulated in Article 4 of this Regulation, opinions from collaborating units in cases where there is collaborative review, and based on the minutes of the review meeting (if any), the assigned specialist shall be responsible for preparing the draft review document.

2. During the preparation of the draft review document, if there are any issues that arise, the leader of the leading review unit must promptly report and seek guidance from the Minister or Deputy Minister of Justice directly responsible for the review area.

3. The review documents of collaborating units and the minutes of the meeting must be included in the file submitted to the Minister or Deputy Minister of Justice for signing the review document.

Article 15. Time Limit for Review and Submission of Review Documents

1. From the date of receiving all review files, within no more than 30 (thirty) days for projects and draft regulations specified in points a and b, Clause 2, Article 2 of this Regulation, and within no more than 20 (twenty) days for draft regulations specified in point c, Clause 2, Article 2 of this Regulation, the Ministry of Justice shall be responsible for reviewing and submitting the review document to the drafting agency.

2. From the date of receiving all review files, within no more than 25 (twenty-five) days for projects and draft regulations specified in points a and b, Clause 2, Article 2 of this Regulation, and within no more than 15 (fifteen) days for draft regulations specified in point c, Clause 2, Article 2 of this Regulation, the leading review unit shall be responsible for submitting the draft review document to the Minister or Deputy Minister of Justice in charge of the review area.

3. Within no more than 3 (three) days from the date of receipt of the draft review document from the leading review unit, the Minister or Deputy Minister of Justice in charge of the review area shall be responsible for examining and signing the review document.

4. For projects and drafts directed by the Prime Minister to be submitted to competent authorities for issuance in a timely manner to meet state management requirements and protect the interests of organizations and individuals, the time limit for review stipulated in Clauses 1, 2, and 3 of this Article shall not apply, but the drafting agency must promptly submit the review files to ensure that the reviewing authority has at least 5 (five) working days for review.

Section 2
REVIEW OF PROJECTS AND DRAFTS BY

THE REVIEW BOARD IMPLEMENTS

Article 16. Establishment of the Review Board

1. For laws, ordinances, draft resolutions of the National Assembly, Standing Committee of the National Assembly, draft decrees, and resolutions of the Government drafted by the Ministry of Justice, the Minister of Justice shall establish a Review Board to conduct the review.

2. The composition of the Review Board includes the Chairman of the Review Board, the Secretary of the Review Board, and other members who are representatives of the Office of the Government, the Ministry of Justice, and relevant agencies and organizations. The Chairman of the Review Board and the Secretary of the Review Board shall be designated by the Minister of Justice.

Depending on the nature and content of the project or draft, the Minister of Justice may invite experts and scientists to participate in the Review Board.

The total number of members of the Review Board must be at least 9 (nine) people and must be an odd number, with representatives of the Ministry of Justice accounting for no more than 1/3 (one third) and excluding representatives of the drafting agency.

3. The Minister of Justice shall be responsible for sending letters to relevant agencies and organizations requesting them to appoint representatives to join the Review Board.

4. The Ministry of Justice shall be responsible for sending the decision to establish the Review Board and the review files stipulated in Clause 2, Article 6 of this Regulation to each member of the Review Board.

Article 17. Principles of organization and operation of the Appraisal Council

1. The Appraisal Council operates on the principle of collective decision-making and majority voting.

2. The Appraisal Council ceases its activities and dissolves itself after the reviewed document has been sent to the competent authority or person.

Article 18. Appraisal Meeting of the Appraisal Council

1. Within the latest period of 15 (fifteen) days from the date the Ministry of Justice sends the appraisal file, the Chairman of the Appraisal Council is responsible for organizing the appraisal meeting.

2. The appraisal meeting for projects and draft documents shall be convened and chaired by the Chairman of the Appraisal Council. The meeting can only proceed if at least two-thirds (2/3) of the total number of members of the Appraisal Council are present.

In case a member of the Council cannot attend the appraisal meeting, they must submit their appraisal opinion in writing to the Chairman of the Appraisal Council.

3. The appraisal meeting shall be conducted in the following sequence:

a) A representative of the main drafting agency presents the basic contents of the project or draft; provides relevant information about the project or draft and raises issues with differing opinions regarding the project or draft;

b) Members of the Appraisal Council collectively discuss the issues stipulated in Article 4 of this Regulation;

c) In cases where a member of the Appraisal Council is absent, the Secretary of the Appraisal Council reads out the member's appraisal opinion;

d) The Appraisal Council votes on issues with differing opinions. In case of a tie vote, the decision follows the opinion of the Chairman of the Appraisal Council:

4. The Secretary of the Appraisal Council is responsible for recording the minutes of the Appraisal Council's meetings. The minutes must fully record all statements made during the meeting; issues not agreed upon by the Appraisal Council must also be clearly recorded in the minutes.

The minutes of the meeting must be signed by the Chairman and the Secretary of the Appraisal Council.

Article 19. Preparation of the Appraisal Council's Appraisal Document

Within the latest period of 3 (three) working days after the end of the Appraisal Council's meeting, based on the meeting minutes of the Appraisal Council and according to the content of the appraisal stipulated in Article 4 of this Regulation, the Secretary of the Appraisal Council is responsible for preparing the draft appraisal document for the Chairman of the Appraisal Council to review and sign the appraisal document. The appraisal document shall bear the seal of the Ministry of Justice.

Article 20. Deadline for Sending the Appraisal Council's Appraisal Document

Within the latest period of 5 (five) working days after the end of the Appraisal Council's meeting, the meeting minutes and the appraisal document must be sent to the Minister of Justice and the members of the Appraisal Council.

Chapter III
CONDITIONS FOR IMPLEMENTATION

Article 21. Ensuring Material and Technical Conditions for Appraisal Activities

The Minister of Justice is responsible for ensuring material and technical conditions for appraisal activities.

Article 22. Ensuring Funding for Appraisal Activities

1. The appraisal funding for projects and draft documents is provided by the state budget to cover the following activities:

a) Organizing surveys during the appraisal process;

b) Collecting information and materials to serve the appraisal activities;

c) Organizing appraisal meetings.

2. The Minister of Finance is responsible for ensuring funding for appraisal activities.

The Minister of Finance coordinates with the Minister of Justice to guide the implementation of the appraisal funding stipulated in Clause 1 of this Article.

Article 23. Responsibilities of the agency with civil servants as members of the Appraisal Board

The agency having civil servants as members of the Appraisal Board shall be responsible for creating conditions regarding time and reasonably arranging work to enable those civil servants to fulfill their duties as members of the Appraisal Board.

Article 24. Implementation Organization

During the implementation of this Regulation, in case of difficulties or obstacles, the Ministries and agencies shall promptly report to the Prime Minister for guidance./.