Decision No. 07/1999/QĐ-BXD Issuing the Regulation on Drafting, Reviewing, and Issuing Legal Normative Documents and Individual Documents in the Construction Sector

DECISION OF THE MINISTER OF CONSTRUCTION

Issuing the Regulation on Drafting, Reviewing, and Enacting Legal Normative Documents and

Individual Documents in the Construction Sector

THE MINISTER OF CONSTRUCTION

BASED ON THE LAW ON ENACTING LEGAL REGULATORY DOCUMENTS dated November 12, 1996;

Pursuant to the Ordinance on the Conclusion and Implementation of International Treaties dated August 20, 1998;

Pursuant to Decree No. 101/CP dated September 23, 1997 of the Government detailing certain provisions of the Law on Enacting Legal Normative Documents and Circular No. 1793/1997/TT-BTP dated December 30, 1997 of the Ministry of Justice guiding the legal affairs operations of ministries;

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Construction;

Based on the proposal of the Head of the Legal Department and the Director of the Ministry's Office;

DECISION:

Article 1. Attached to this Decision is the "Regulation on Drafting, Reviewing, and Enacting Legal Normative Documents and Individual Documents in the Construction Sector". This Decision shall take effect fifteen days from the date of signature. All previous regulations that conflict with the attached Regulation shall be abolished.

Article 2The Director of the Ministry's Office, the Head of the Legal Department, and the Heads of all Departments, Bureaus, and Institutes under the Ministry of Construction are responsible for implementing this Decision./.

Article 3On Drafting, Reviewing, and Enacting Legal Normative Documents and Individual Documents in the Construction Sector

REGULATIONS

(Issued together with Decision No. 07/1999/QĐ-BXD dated February 2, 1999 of the Minister of Construction)

To improve the quality of legal document drafting work, promptly institutionalize the Party and State's policies, and meet the requirements of state management in the construction sector through law, this Regulation stipulates the procedures and processes applicable within the Ministry of Construction regarding the drafting, reviewing, and enacting of legal normative documents (LND) and individual documents in the construction sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

LND in the construction sector are documents issued by state agencies with authority according to prescribed procedures and processes, containing general rules of conduct guaranteed by the state to regulate social relations in the construction sector.

Individual documents are those issued by the Ministry of Construction based on LND within its authority to address specific matters, specific contents, and specific subjects within a defined time and space.

1. Legal normative documents in the construction sector include:

a)

Projects, ordinances, resolutions, decrees, decisions, and directives within the authority to issue of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, and international treaties signed in the name of the state, the governmentconcerning sectors assigned by the Government to the Ministry of Construction as the main drafter. b) Legal normative documents of the Ministry of Construction issued within its authority. Specifically:

Decisions of the Minister of Construction

concerning the organization and operation of subordinate agencies and units; issuing construction standards, technical standards, economic-technical norms in the construction sector, construction planning, development material planning, and other issues within its authority. Directives of the Minister of Construction

concerning measures to direct, urge, coordinate, and inspect the activities of agencies and units under the construction sector in implementing legal normative documents in the construction sector issued by higher-level state agencies and the Ministry of Construction. Circulars of the Minister of Construction

to guide the implementation of provisions stipulated by laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; orders and decisions of the President; decrees and resolutions of the Government; decisions and directives of the Prime Minister assigned to the Ministry of Construction's scope of state management. Joint resolutions, circulars

between the Ministry of Construction and other ministries, sectors, political-social organizations to guide the implementation of issues when the law stipulates their participation in state management. between the Ministry of Construction and other ministries, agencies, and political-social organizations to guide the implementation of issues when the law stipulates that such political-social organizations participate in state management.

Article 1. International treaties signed in the name of the Ministry of Construction to implement an internationaltreaty already signed in the name of the State or Government or in the field underthe management authority of the Ministry of Construction according to theProvisions on the signing and implementation of international treaties.

2.Individual documents issued by the Ministry of Construction, including:

Documentsparticipating in opinions on regulatory documents drafted primarily by otherministries, sectors, and localities.

Documentssettling complaints and denunciations related to policies within the jurisdictionof the Minister for settlement.

Documentssettling regular tasks in sectoral management according to the functions and tasksassigned by the State.

Article 2. Constitutionality, legality, consistency, and compatibility ofdocuments

Regulatorydocuments must be consistent and not contravene the Constitution and the content ofregulatory documents of higher-level state agencies; ensure consistency, hierarchy,and legal effect of documents within the legal system; ensure substantive andformal authority over the document.

Article 3.Structureand nlanguage of the document.

Thestructure of the document must comply with current legal provisions and documentdrafting techniques.

Languagein the document must be accurate, common, easy to understand, and expressed inVietnamese;

Article 4. Number and symbol of the document

Thenumber and symbol of regulatory documents and individual documents shall be recordedaccording to the provisions of Decree No. 101/CP dated September 23, 1997 of theGovernment and Decision No. 59/1998/QĐ-BXD dated February 24, 1998, Decision No.110/1998/QĐ-BXD dated March 23, 1998 of the Minister of Construction.

Article 5. Summary of the document drafting program

ByDecember each year, the Legal Affairs Department will coordinate with theMinistry's Office to collect all regulatory documents of the Construction Industryand individual documents issued by the Ministry of Construction during the year,while summarizing, evaluating, and drawing lessons to improve the issuance ofdocuments in accordance with the program and make it increasingly perfect.

Chapter II

DRAFTING, REVIEWING AND ISSUING REGULATORY DOCUMENTS OF THE CONSTRUCTION INDUSTRY

Article 6. Establishing the program for drafting regulatory documents

1.Every year or during the term of the National Assembly, based on the strategy,policy for economic and social development, national defense and security, plan toplant laws of the State, requirements for sectoral management of the ConstructionIndustry at different periods, Departments and Departments (referred to asDepartments) under the Ministry, according to their functions and tasks, mustestablish plans for drafting regulatory documents (including clearly stating the name of the document, the need to issue thedocument; the target group, scope of regulation, and basic content, structure ofthe document; time to submit and time to issue; coordinating agencies and othernecessary conditions) to be submitted to the Legal Affairs Department before July 1st for compilationand reporting to the Minister for consideration and decision, while balancing thebudget to serve the drafting of regulatory documents that require funding accordingto regulations.

2.The Legal Affairs Department coordinates with the Office to compile reports toestablish plans:

a)The program for drafting regulatory documents of the Construction Industry withinthe authority to issue of the National Assembly, Standing Committee of theNational Assembly, Government, or Prime Minister, including:

Annuallist of drafting Laws, Ordinances, Resolutions sent to the Ministry of Justiceand the Government Office no later than July 15 of the previous year of theplanning year, if for the term of the National Assembly, they should be sent tothe Ministry of Justice and the Government Office no later than July 15 of thelast year of the previous National Assembly term.

Annuallist of planned drafting of regulatory documents of the Government, PrimeMinister sent to the Government Office and the Ministry of Justice no later thanOctober 15 of the previous year of the planning year.

b)Annual list of planned drafting of regulatory documents within the authority ofthe Minister of Construction compiled no later than October 15 of the previousyear of the planning year to be submitted for the Minister's review and decision.

Dependingon the actual situation in the fields of national economic and social developmentas well as the industry, the program for drafting regulatory documents may berevised and supplemented appropriately.     

3.The Legal Affairs Department prepares a report on the results of implementing theprogram for drafting regulatory documents of the Industry by December each year.

Article 7. Drafting regulatory documents.

1. On the basis of regulatory documents related to the functions and tasks of aDepartment, the Ministry's leadership shall assign that Department to be incharge of drafting. The leading agency responsible for drafting shall have theresponsibility to organize the establishment of a program and plan for drafting,closely coordinate with relevant agencies within the Ministry to implement thework according to the assigned schedule and ensure quality.

2. For Law projects, Ordinances, Resolutions, Decrees when assigned by theGovernment to be in charge of drafting, the Ministry of Construction shallestablish a Drafting Board (except in cases where it is necessary for theGovernment to establish).

The leading agency responsible for drafting shall cooperate with the LegalAffairs Department and the Labor Organization Department to propose thecomposition of the Drafting Board and the team of experts assisting in thedrafting process to be submitted to the Ministry's leadership for decision.

Article 8. Responsibilities of the Drafting Board or the leading agency responsiblefor drafting.

When drafting regulatory documents, the Drafting Board or the leading agencyresponsible for drafting must perform the following tasks:

1. Study the policies and guidelines of the Party and State, survey the currentsituation, collect all relevant information and materials related to the contentof the regulatory documents to be drafted (including foreign information andmaterials).

2. Develop an outline, determine the content, name, and structure of theregulatory documents, while ensuring the quality and progress of the draftingprocess.

3. Depending on the content and type of regulatory documents, the Drafting Boardor the leading agency responsible for drafting must send draft documents toindividuals, organizations, and agencies related to solicit opinions and carefullyincorporate these opinions into the document to ensure high quality in bothcontent and form.

4. Prepare a report and related documents for the Minister to submit to theGovernment (for regulatory documents of the National Assembly, StandingCommittee of the National Assembly, Government, Prime Minister). The reportmust clearly state the necessity of issuing the document, the scope and objectsof regulation, key contents. Any differing opinions between agencies and theleading agency responsible for drafting, along with the views of the leadingagency responsible for drafting on those issues, should be sought for guidance.

5. For regulatory documents that require accompanying guiding documents, theDrafting Board or the leading agency responsible for drafting shall proposethe leading agency responsible for drafting such guiding documents; at the sametime, urge and check to ensure that the guiding documents comply with thecontent requirements and the assigned schedule.

6. Regularly report to the Office of the Government and the Ministry of Justiceon the progress and content of drafting Law projects, Ordinances, Resolutions,Decrees, promptly report to seek the Government's opinion on newly emergingissues and differences of opinion between the leading agency responsible fordrafting and other agencies.

7. For regulatory documents within the authority of the Minister to issue, theleading agency responsible for drafting shall regularly coordinate with theLegal Affairs Department and the Ministry's Office to report to the Ministry'sleadership on the progress of implementation, new issues arising to seek timelyguidance.

8. Coordinate and urge relevant agencies to ensure that regulatory documentsare signed and issued according to the schedule.

Article 9. Soliciting opinions on draft regulatory documents.

1. When the Drafting Board or the leading agency responsible for drafting solicitsopinions from units under the Ministry, the heads of the units asked for theiropinions must study and respond within the latest period of three to five days.

2. In cases where regulatory documents require opinions from relevant sectorsand localities, the Drafting Board or the leading agency responsible for draftingshall prepare a document for the Ministry to sign and request opinions; collateall opinions received to perfect the draft, seek the Minister's guidance, andclearly state their own views on any differing opinions (if any) between theDrafting Board or the leading agency responsible for drafting and otheragencies, to be submitted to the Minister for decision.

Article 10. Legal review of regulatory documents.

1. All regulatory documents drafted by Departments for the Minister to submit tocompetent authorities for issuance, or for the Minister to issue within his/herauthority, must be legally reviewed.

2. The Legal Department shall cooperate with the Drafting Board or the main draftingagency from the outset to perfect the draft regulatory document; at the sametime, organize the review to ensure timeliness and quality.

Article 11. Submission for signature and issuance of regulatory documents.

1. After legal review, the Drafting Board or the main drafting agency shall submitthe file along with the review comments to the Ministry Leadership (through theMinistry Office) for signature and issuance, or the Minister shall submit to theGovernment, Prime Minister.

2. The file submitted by the Minister to the Government shall include ten copies(if it is a Law, Ordinance, Decree, Resolution, or international treaty), five copies(if it is a Decision or Directive of the Prime Minister), and must comply with theprovisions of Articles 21, 27, and 30 of Decree No. 101/CP dated September 23,1997.

Article 12. Publication of regulatory documents.

After the regulatory document is signed and issued, the main drafting agency shallcoordinate with the Ministry Office to send copies of the document to relevantagencies, units, and localities, and simultaneously send copies for record-keepingat the Ministry Office, Legal Department, and the main drafting agency, andsubmit for publication in the Official Gazette no later than two days from thedate of signing, except for classified documents; in necessary cases, a pressconference may be organized to announce the document.

Chapter III

DRAFTING, REVIEWING AND ISSUING

SPECIAL DOCUMENTS OF THE MINISTRY OF CONSTRUCTION

Article 13. Drafting documents to provide comments on draft regulatorydocuments sent by other Ministries, sectors, and localities for solicitation ofcomments.

For regulatory documents sent by other Ministries, sectors, and localities forcomments, if the content relates to any unit, the Ministry Leadership shall assignthat unit to lead the research and drafting of the comment document. Otherunits assigned to participate shall have the responsibility to study and submittheir comments to the leading agency within the assigned deadline and shall beaccountable for those comments.

Article 14.Drafting documents to resolve complaints and denunciations.

1. The format, forms, and types of documents to be drafted are stipulated in thecurrent Complaints and Denunciations Ordinance.

2. The Department assigned by the Ministry Leadership to lead the resolution ofcomplaints and denunciations in its field of responsibility shall receive the files,study them, and seek opinions from related Departments (if deemed necessary),then compile the opinions to complete the document, while being responsible forthe content and form of the document.

Article 15. Drafting special documents issued by the Minister to implementmanagement and operational activities throughout the sector according to thefunctions and responsibilities assigned by the State..

Departments shall proactively propose weekly and monthly programs to draftdocuments within their areas of responsibility or documents assigned by theMinister to draft.

Article 16. Providing legal comments on special documents.

1. The head of the main drafting agency shall be responsible for the content,format, and quality of the document drafted by that agency.

2. The following special documents must have legal comments from the LegalDepartment before submission for signature: special documents prescribed inArticles 13 and 14, appraisal documents requested by legal agencies, and otherspecial documents when required by the Ministry Leadership.          

Article 17. Issuance of individual documents.

After completion, the document is transferred to the Ministry's Office for signature approval. Individual documents issued by the Minister, in addition to being sent to relevant agencies, must also be sent to the drafting agency, the Ministry's Office, and the Legal Department (for documents in which the Legal Department has provided legal comments)./