Circular No. 08/2016/TT-BCT stipulates on the drafting and promulgation of legal normative documents of the Ministry of Industry and Trade.

CIRCULAR

Provisions on the development and issuance of documents

of the Ministry of Industry and Trade

_________________________

 

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Legislative Documents dated June 22, 2015;

2012;

Pursuant to the Government's Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Legislative Acts of Regulations;

Pursuant to Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

At the request of the Director of the Legal Department,

The Minister of Industry and Trade issues this Circular on the development and issuance of normative legal documents of the Ministry of Industry and Trade.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the preparation work; procedures and formalities for proposing and drafting the Program for developing normative legal documents; drafting, reviewing, issuing, and consolidating normative legal documents issued by the Minister of Industry and Trade or submitted to competent authorities for issuance.

Article 2. Regulatory legal documents specified in this Circular include:

a) Laws, resolutions of the National Assembly;

b) Ordinances, resolutions of the Standing Committee of the National Assembly;

c) Decrees of the Government;

d) Decisions of the Prime Minister;

d) Circulars of the Minister of Industry and Trade, joint circulars between the Minister of Industry and Trade and the President of the Supreme People's Court, the Prosecutor General to regulate cooperation in implementing procedural and formalities.

3. The drafting and issuance of Circulars on technical standards in the field of Industry and Trade shall be carried out in accordance with the laws on technical standards and the provisions of this Circular.

Article 2. Applicability

This Circular applies to the General Department, Bureaus, Departments, Office of the Ministry, Office of the Competition Council, Inspectorate of the Ministry (hereinafter referred to as units under the Ministry), organizations, and individuals related to the work of developing and issuing normative legal documents within the scope of management of the Ministry of Industry and Trade.

Article 3. Directing the work of establishing and issuing legal normative documents

1. The Minister directs comprehensively the work of drafting, reviewing, and issuing regulatory legal documents of the Ministry of Industry and Trade.

2. Deputy Ministers implement the direction of drafting, reviewing regulatory legal documents according to the fields assigned to them and report to the Minister before signing for issuance.

Article 4. Format and technical presentation of regulatory legal documents

The format and presentation technique of normative legal documents shall be implemented in accordance with Chapter V of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some provisions and measures for the implementation of the Law on Issuing Normative Legal Documents (hereinafter referred to as Decree No. 34/2016/NĐ-CP).

Article 5. Supervision of administrative procedures in drafting and promulgating regulatory legal documents

Article 1. During the process of proposing to develop normative legal documents, units under the Ministry shall be responsible for performing the following supplementary activities to serve as a basis for proposing to develop documents containing administrative procedures:

a) For proposals to develop documents expected to generate new administrative procedures: study clearly the quantity, form, and planned implementation of each administrative procedure, and estimate the number of entities affected by the administrative procedures to be regulated in the document;

b) For proposals to amend or supplement existing administrative procedures: evaluate the practical effectiveness of the implementation of current administrative procedures in terms of their suitability with the objectives, requirements, and management context at the time of issuance and amendment;

c) For proposals to develop documents that do not generate new administrative procedures or amend or supplement existing administrative procedures, it is not necessary to comply with the provisions of points a and b of this Clause.

Article 2. During the process of drafting normative legal documents containing administrative procedures, the main drafting unit shall be responsible for:

a) Evaluating the impact of administrative procedures according to the guidance of the Minister of Justice and regulations on administrative procedure control in the field of management of the Ministry of Industry and Trade;

b) Soliciting opinions from agencies or units responsible for administrative procedure control in accordance with Clause 5, Article 23 of this Circular;

Article 3. The Legal Affairs Department shall take the lead and coordinate with the main drafting unit to separately solicit opinions on content involving administrative procedures through appropriate forms (consultation, conference, seminar, roundtable discussion, written...) in the following cases:

a) When the content of the document has differing opinions regarding the necessity, form, and method of implementing the relevant regulations concerning the relationship between central and local authorities or multiple ministries and sectors;

b) When the administrative procedure involves significant compliance costs but has not been adequately and thoroughly evaluated.

Article 6. Supervision of industries and trades subject to conditional business investment and conditions for business investment

During the process of proposing to develop laws, ordinances, resolutions, the unit proposing to develop the document, if suggesting amendments or supplements to business investment conditions or investment conditions, shall report to the leadership of the Ministry to sign a document soliciting opinions from the Ministry of Planning and Investment on the following contents:

1. Business investment sectors or investment conditions proposed for amendment or supplementation.

2. Analysis of the necessity and purpose of amending or supplementing business investment conditions or investment conditions in accordance with Articles 1, 3, and 4 of Article 7 of the Investment Law.

3. Basis for amending or supplementing business investment conditions or investment conditions and the subjects required to comply.

4. Evaluation of the rationality and feasibility of amending or supplementing business investment conditions or investment conditions and their consistency with international investment treaties.

5. Assessment of the impact of amending or supplementing business investment conditions or investment conditions on state management work and business investment activities of the subjects required to comply.

 

Chapter II

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS

Section 1

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY SUBMITTED BY THE GOVERNMENT

Article 7. Plan for Proposing to Develop Laws, Ordinances, Resolutions

Article 1. The process of proposing to develop normative legal documents as prescribed in Articles 8, 9, 10, 11, and 12 of this Circular shall apply to:

a) Laws of the National Assembly;

b) Ordinances of the Standing Committee of the National Assembly;

c) Resolutions of the National Assembly specified in point b and point c of Clause 2, Article 15 of the Law (hereinafter referred to as the Law);

d) Resolutions of the Standing Committee of the National Assembly specified in point b of Clause 2, Article 16 of the Law.

Article 2. Prior to initiating the process of proposing to develop laws, ordinances, resolutions as specified in Article 1 of this Article, units under the Ministry must develop a Plan for Proposing to Develop Laws, Ordinances, Resolutions (specifying the preparation time for files, organization of opinion solicitation, submission to the Legal Affairs Department for review, submission to the Ministry of Justice for examination, and submission to the Government for consideration and approval) and submit it to the Legal Affairs Department for comments before reporting to the Ministry's leadership for consideration and approval.

Article 8. Files for Proposing to Draft Laws, Ordinances, Resolutions

1. The unit proposing to draft the Law, Ordinance, or Resolution shall be responsible for preparing the proposal dossier for drafting the Law, Ordinance, or Resolution, including the documents specified in Clause 1 of Article 37 of the Law.

2. The process of developing policy content and assessing the impact of policies in the proposal to draft the Law, Ordinance, or Resolution shall be carried out in accordance with the provisions set forth in Section 1 of Chapter II of Decree No. 34/2016/NĐ-CP.

Article 9. Soliciting Opinions on Proposals to Draft Laws, Ordinances, Resolutions

1. The unit proposing to draft the Law, Ordinance, or Resolution shall be responsible for organizing the collection of opinions from the direct subjects affected by the policies proposed in the Law, Ordinance, or Resolution, and collecting opinions from relevant agencies, organizations, and individuals through the methods prescribed in Article 36 of the Law and Articles 10 and 11 of Decree No. 34/2016/NĐ-CP.

2. The unit proposing to draft laws, ordinances, resolutions shall be responsible for soliciting opinions from the Ministry of Public Security regarding the suitability with security and public order requirements.

Article 10. Reviewing Proposals to Draft Laws, Ordinances, Resolutions

1. The Legal Affairs Department shall be responsible for reviewing the proposals to draft the Law, Ordinance, or Resolution prepared by units under the Ministry before submitting them to the Ministry of Justice for examination.

The file sent to the Department of Legal Affairs for review includes the documents prescribed in Clause 1, Article 8 of this Circular.

By no later than September 30 each year, the unit proposing to draft the Law, Ordinance, or Resolution must submit the proposal dossier for drafting the Law, Ordinance, or Resolution to the Legal Affairs Department for review.

2. The Legal Affairs Department shall conduct the review of the proposal dossier for drafting the Law, Ordinance, or Resolution within 15 (fifteen) days from the date it receives the complete dossier sent by the unit proposing to draft the Law, Ordinance, or Resolution.

3. The review content focuses on the issues prescribed in Clause 3, Article 39 of the Law.

4. The review report must clearly reflect the Legal Affairs Department's opinion on the content reviewed as stipulated in Clause 3 of this Article and the Legal Affairs Department's opinion on whether the proposal to draft the Law, Ordinance, or Resolution meets the conditions to be submitted to the Ministry of Justice for examination prior to being submitted to the Government for consideration and approval.

Article 11. Review of proposals to establish laws, ordinances, and resolutions

The unit proposing to draft the Law, Ordinance, or Resolution shall be responsible for studying, adopting, and explaining the review opinions of the Legal Affairs Department to revise and perfect the proposal dossier for drafting the Law, Ordinance, or Resolution and submit it to the Ministry Leadership for approval according to the provisions of Clause 2 of Article 39 of the Law.

Article 12. Submitting proposals to establish laws, ordinances, and resolutions for consideration and approval by the Government

1. The unit proposing to draft the Law, Ordinance, or Resolution shall be responsible for studying, explaining, and adopting the examination opinions of the Ministry of Justice to revise and perfect the proposal to draft the Law, Ordinance, or Resolution, and simultaneously send the revised proposal to draft the Law, Ordinance, or Resolution along with the explanation and adoption report to the Ministry of Justice when submitting to the Government according to the provisions of Clause 2 of this Article.

2. The unit proposing to draft the Law, Ordinance, or Resolution shall be responsible for reporting to the Ministry Leadership to submit the proposal to draft the Law, Ordinance, or Resolution to the Government for consideration and approval no later than twenty (20) days before the Government meeting. The dossier submitted to the Government includes the documents specified in Clause 2 of Article 40 of the Law.

3. Based on the Government resolution approving the proposal to draft the Law, Ordinance, or Resolution, the unit proposing to draft the legal document shall be responsible for leading and coordinating with the Legal Affairs Department to perfect the proposal dossier for drafting the Law, Ordinance, or Resolution and submit it to the Ministry Leadership for approval no later than December 15 each year to be submitted to the Ministry of Justice according to the provisions of Clause 4 of this Article.

4. By no later than December 31 each year, the proposal dossier for drafting the Law, Ordinance, or Resolution approved by the Ministry Leadership according to the provisions of Clause 2 of this Article must be submitted to the Ministry of Justice to establish the Government's proposal for the legislative program for the following year according to the provisions at Clause 4 of this Article.

For example, no later than December 31, 2016, the proposal dossier for drafting laws and ordinances must be sent to the Ministry of Justice to establish the Government's proposal on the legislative program for 2018.

Section 2

PROPOSAL TO DRAFT LEGISLATIVE REGULATORY DOCUMENTS OF THE GOVERNMENT, PRIME MINISTER, OR MINISTER OF INDUSTRY AND TRADE

Article 13. Proposals to establish decrees as stipulated in Clause 2 and Clause 3 of Article 19 of the Law

1. The unit proposing to draft the Decree as specified in Clauses 2 and 3 of Article 19 of the Law shall be responsible for preparing the proposal dossier for drafting the Decree, including the documents specified in Article 87 of the Law. The development of policy content and assessment of the impact of policies in the proposal to draft the Decree shall be carried out in accordance with the provisions of Clause 2 of this Circular.

2. The unit proposing to draft the Decree shall be responsible for collecting opinions from the direct subjects affected by the policies proposed in the Decree; collecting opinions from relevant agencies and organizations through the methods specified in Article 86 of the Law and Articles 10 and 11 of Decree No. 34/2016/NĐ-CP; and collecting opinions from the Ministry of Public Security regarding its suitability with security and public order requirements.

3. The Legal Department shall be responsible for reviewing the proposal documents for establishing decrees from units under the Ministry before sending them to the Ministry of Justice for review.

The documents submitted for the Legal Department's review include those specified in Clause 1 of this Article.

4. The Legal Affairs Department shall conduct the review of the proposal dossier for drafting the Decree within 15 (fifteen) days from the date it receives the complete dossier sent by the unit proposing to draft the Decree.

The review content focuses on the issues specified in Clause 3 of Article 88 of the Law. The review report must clearly reflect the Legal Affairs Department's opinion on whether the proposal dossier for drafting the Decree meets the conditions, needs further improvement, or does not meet the conditions to be submitted to the Ministry of Justice for examination prior to being submitted to the Government for consideration and approval.

5. The unit proposing to draft the Decree shall be responsible for studying, adopting the review opinions of the Legal Affairs Department to revise and perfect the proposal dossier for drafting the Decree and submit it to the Ministry Leadership for approval according to the provisions of Clause 2 of Article 88 of the Law.

6. Based on the study, explanation, and adoption of the examination opinions of the Ministry of Justice, the unit proposing to draft the Decree shall be responsible for revising and perfecting the proposal dossier for drafting the Decree and submitting it to the Ministry Leadership for approval before submitting to the Government for consideration and approval according to the provisions of Clause 2 of Article 89 of the Law.

Article 14. Proposals for drafting decrees as stipulated in Clause 1, Article 19 of the Law, decisions of the Prime Minister, circulars/circulars issued jointly

1. For decrees provided for in Clause 1 of Article 19 of the Law, the proposal dossier shall include:

a) Explanation of the proposal to draft the Decree, specifying the name of the document; the necessity, legal basis for issuing the document; basic policies, main content of the document; proposed list of administrative procedures (if applicable);

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to submit to the Government (specific to the month);

c) Preliminary impact assessment report of the document;

d) Assessment of the proposed administrative procedures (if applicable).

2. For decisions of the Prime Minister, the proposal dossier shall include:

a) Explanation on the proposal for drafting the decision, including the name of the document; necessity and legal basis for issuing the document; main contents of the document; proposed list of administrative procedures (if applicable);

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to submit to the Prime Minister (specific to the month);

c) Assessment of the proposed administrative procedures (if applicable).

3. For circulars/circulars issued jointly, the proposal dossier includes:

a) Explanation of the proposal to draft the Circular/Circular Jointly Issued, specifying the name of the document; the necessity, legal basis for issuing the document; main content of the document; proposed list of administrative procedures (in cases where the law assigns).

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to issue (specific to the month);

c) An administrative procedure assessment report (in cases where the law assigns regulations on administrative procedures).

4. Prior to sending to the Legal Affairs Department for review as stipulated in point b, Clause 1, Article 16 of this Circular, the unit proposing the regulatory legal document as provided for in Clauses 1 and 2 of this Article shall be responsible for submitting the file to the Ministry of Public Security to seek opinions on its compliance with security and public order requirements.

 

Chapter III

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATIONS OF THE MINISTRY

Article 15. Program for the Development of Legal Regulations of the Ministry

1. The program for developing legal regulations of the Ministry of Industry and Trade (hereinafter referred to as the Program) is compiled based on the tasks assigned by competent authorities, proposals from units under the Ministry, and reviewed by the Legal Affairs Department.

||| Article 2. The Program includes the following main contents:

||| a) Name of the legal instrument that needs to be developed and issued;

b) Level of submission or issuance for each document;

c) Time for submission of each document (specifically to the month);

d) Leading unit in drafting for each document;

đ) Other necessary contents;.

3. The Program is issued annually by the Minister according to the Model at Appendix 1 attached to this Circular and may be adjusted or supplemented by the Minister as provided for in Article 20 of this Circular.

4. The Program serves as the basis for allocating funds to support the work of drafting legal regulatory documents of the Ministry.

Article 16. Preparation of the Program

1. Units under the Ministry shall be responsible for:

a) Submitting the file proposing the development of laws, ordinances, resolutions, decrees as stipulated in Articles 8 and 13 of this Circular, which have been approved by the Government, to the Legal Affairs Department for consolidation and inclusion in the Program;

b) Submitting the file proposing the development of legal regulations as stipulated in Article 14 of this Circular to the Legal Affairs Department for review, consolidation, and reporting to the Minister for consideration and inclusion in the Program.

2. The deadline for submitting proposals to establish regulatory legal documents as provided for in Clause 1 of this Article shall be implemented as follows:

a) Before December 15 each year for proposals to develop laws, ordinances, and resolutions for the following year (the year they are expected to be submitted to the National Assembly, the Standing Committee of the National Assembly);

b) Before September 30 each year for proposals to develop government decrees and prime ministerial decisions for the following year;

c) Before October 31 each year for proposals to develop circulars/joint circulars for the following year.

3. Organizations, agencies, and individuals may submit proposals for the development of laws, ordinances, and decrees in writing to the Legal Affairs Department or through the Ministry of Industry and Trade's website (www.moit.gov.vn). The Legal Affairs Department is responsible for leading and coordinating with units under the Ministry to examine, consolidate these proposals and report to the Minister.

Article 17. Examination of Proposals to Establish Regulatory Legal Documents

1. The Legal Affairs Department is responsible for reviewing the files proposing the development of legal regulations as stipulated in Article 14 of this Circular from units under the Ministry for submission to the Minister for consideration and inclusion in the Program.

2. In case the proposal file does not meet the requirements stipulated in Article 14 of this Circular, within five days, the Legal Affairs Department will request the relevant units under the Ministry to supplement and complete it.

3. The Legal Affairs Department conducts the review within seven days from the date of receiving the complete proposal file for the development of legal regulations that meet the requirements sent by units under the Ministry.

4. The main contents of the review include: necessity, legal basis for issuing the document; scope of regulation, subjects of application; basic policies of the document; consistency, feasibility, compliance with current Vietnamese laws and international treaties to which Vietnam is a party; conditions for drafting and implementing the document. For proposals involving administrative procedures, the Legal Affairs Department provides comments on the proposed administrative procedures. For proposals related to gender equality issues, the Legal Affairs Department provides comments on incorporating gender equality issues into the draft document.

5. During the examination process, if clarification of relevant contents is required, the unit proposing to establish the document shall be responsible for explaining to the Legal Department about those contents.

Article 18. Issuance of the Program

1. Based on the results of the review of the files proposing the development of legal regulations from units under the Ministry, the Legal Affairs Department drafts the Program and sends it to units under the Ministry for comments and publishes it on the Ministry of Industry and Trade's website (www.moit.gov.vn) for organizations, agencies, and individuals to provide feedback.

2. On the basis of the comments from units under the Ministry, organizations, and individuals, the Legal Affairs Department revises and completes the draft Program and submits it to the Minister for consideration and issuance no later than December 31 each year.

Article 19. Implementation of the Program

1. The head of the unit responsible for drafting shall be responsible for:

a) Ensuring the progress schedule, procedures, and quality of the draft legal document;

b) Implementing regular reporting systems (weekly, monthly, quarterly, annually) or ad hoc reports on the implementation of the Program to the Legal Affairs Department for consolidation and reporting to the Ministry's leadership or competent authority.

For legal normative documents that are behind schedule, the head of the unit responsible for drafting must report clearly the reasons for the delay and propose measures to address it;

c) Reporting time six months before June 15 and annual reports before November 15 each year.

2. The Legal Department shall be responsible for:

a) Urging and consolidating reports on the progress of implementing the Program;

||| b) Report to the Minister on issues arising during the implementation of the Program;

c) Drafting six-monthly, annual, or ad hoc reports on the work of developing legal regulations as directed by the Ministry's leadership or required by the competent authority.

3. The results of implementing the Program are one of the criteria for evaluating and rewarding units under the Ministry annually.

Article 20. Adjustments and Supplements to the Program

||| Article 1. Adjustments and supplements to the Program shall be made in the following cases:

a) Removing from the Program legal regulations that are no longer necessary to issue due to changes in socio-economic conditions;

b) Adding to the Program legal regulations that are urgently needed for state management functions within the jurisdiction of the Ministry of Industry and Trade or must be amended and supplemented due to new regulations to ensure the consistency of the legal system or to fulfill international commitments;

c) Adjusting the submission time due to delays in drafting or the quality of the draft document not being guaranteed.

2. When there are adjustments or supplements to the Program, the unit proposing such adjustments or supplements shall be responsible for submitting to the Legal Affairs Department a document requesting adjustments or supplements to the Program, clearly stating the content to be adjusted or supplemented and providing detailed explanations. For proposals to add legal regulations to the Program as stipulated in point b, Clause 1 of this Article, full documentation as provided for in Articles 13 and 14 of this Circular must be included.

3. The Legal Affairs Department is responsible for reviewing and consolidating requests for adjustments or supplements to the Program and submitting them to the Minister for consideration and issuance of a Decision adjusting or supplementing the Program no later than July 15 each year.

4. If necessary, the Legal Affairs Department reviews and evaluates the implementation of the Program up to December 25 each year and recommends to the Minister to remove from the Program those legal regulations that cannot be completed in that year due to objective reasons.

 

Chapter IV

||| DRAFTING LEGAL INSTRUMENTS

Article 21. Drafting Laws, Ordinances, Resolutions, Decrees

1. For laws, ordinances, and resolutions, the drafting process is carried out through the Drafting Board and the Editorial Group as stipulated in Articles 52, 53, 54, and 55 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

2. The head of the unit responsible for drafting shall have the duty to organize the construction of the draft decree based on the policies that have been approved by the Government for the decree specified in Clauses 2 and 3 of Article 19 of the Law; ensuring the consistency of the decree with the provisions of the detailed regulations for the decree specified in Clause 1 of Article 19 of the Law.

In case of necessity, the unit responsible for drafting may report to the Minister to establish a Drafting Board and an Editorial Group to draft the decree according to the provisions at Point b Clause 2 of Article 90 of the Law and Articles 25, 26, 27 of Decree No. 34/2016/NĐ-CP.

If a Drafting Board is not established, the unit responsible for drafting may report to the Minister to establish an Editorial Team to draft the decree.

Article 22. Drafting Decisions of the Prime Minister, Circulars/Circulars Jointly Issued

1. The drafting of Decisions of the Prime Minister, Circulars/Circulars Jointly Issued shall be carried out through the Drafting Team.

2. The head of the unit responsible for drafting must complete the submission to the Minister for consideration and decision to establish the Drafting Team within thirty (30) days from the date of issuance of the Program.

The Drafting Team established by the Prime Minister's decision must include members consisting of the Team Leader being the leadership of the unit responsible for drafting and other members being representatives of the Ministry of Justice, the Office of the Government, the Department of Legal Affairs, and relevant agencies, organizations, and individuals.

The Drafting Team for the Circular established by the Minister must include members consisting of the Team Leader being a representative of the unit responsible for drafting and other members being representatives of the Department of Legal Affairs, representatives of relevant units, organizations, and individuals.

The Drafting Team for the joint Circular drafted by the Ministry of Industry and Trade must include members consisting of the Team Leader being the leadership of the unit responsible for drafting and other members being representatives of the Department of Legal Affairs, representatives of relevant units, organizations, and individuals.

3. The Drafting Team is responsible for developing detailed plans and organizing the drafting of draft regulatory legal documents of high quality, ensuring the progress assigned according to the Program.

Article 23. Soliciting Opinions During the Drafting Process of Regulatory Legal Documents

1. During the drafting process, the unit responsible for drafting must seek opinions from agencies, organizations, individuals, and directly affected subjects through methods prescribed in Article 57, Article 91, Point d Clause 2 of Article 97, Clause 2 of Article 101, Clause 3 of Article 110 of the Law.

2. For projects and draft regulatory legal documents containing provisions directly affecting the rights, obligations, and interests of citizens and businesses, the unit responsible for drafting shall be responsible for sending them to the Vietnam Fatherland Front, the Vietnam Chamber of Commerce and Industry to seek opinions from the Front and businesses.

3. For draft regulatory legal documents within the authority to issue of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister related to national security and public order, the unit responsible for drafting shall be responsible for seeking opinions from the Ministry of Public Security regarding the suitability with requirements for national security and public order.

4. The unit responsible for drafting shall be responsible for organizing the solicitation of comments from relevant units within the Ministry regarding draft regulatory legal documents. Units within the Ministry shall be responsible for providing comments when requested to participate in the opinion-gathering process. The head of the unit requested to participate in the opinion-gathering process shall be accountable to the Minister for not participating or delaying participation in the opinion-gathering process and any issues or complications (if any) related to the content under the unit’s responsibility for state management.

5. For draft regulatory legal documents containing administrative procedures, before submitting to the Department of Legal Affairs for review, the unit responsible for drafting shall send them to the agency or unit responsible for administrative procedure control as follows:

a) Seeking opinions from the Administrative Procedure Control Bureau (Ministry of Justice) for administrative procedures stipulated in draft laws, ordinances, decrees of the Government, and decisions of the Prime Minister;

b) Seeking opinions from the Department of Legal Affairs for administrative procedures stipulated in draft circulars of the Minister in cases where the law assigns the provision of administrative procedures.

Article 24. Compilation, Incorporation of Opinions and Revision of Draft Regulatory Legal Instruments

1. The unit responsible for drafting shall be responsible for compiling, researching, adopting, and explaining comments from agencies, organizations, and individuals; comments from the Administrative Procedure Control Bureau and the Department of Legal Affairs regarding the content stipulating administrative procedures in draft regulatory legal documents to revise the draft regulatory legal document. In cases where comments are not adopted, the unit responsible for drafting must provide specific explanations.

The adoption of comments regarding administrative procedures in draft regulatory legal documents shall be reflected as a separate part in the document of adoption and explanation sent to the Administrative Procedure Control Bureau or the Department of Legal Affairs.

2. After revising the draft regulatory legal document according to the provisions of Clause 1 of this Article, the unit responsible for drafting shall report and seek guidance from the Deputy Minister in charge regarding progress, content, complex issues, and issues still having differing opinions on the draft regulatory legal document.

After receiving guidance from the Deputy Minister in charge, the unit responsible for drafting shall be responsible for revising the draft regulatory legal document. If deemed necessary, the unit responsible for drafting may continue to seek participation opinions from relevant agencies, units, organizations, and individuals inside and outside the Ministry.

Article 25. Drafting Regulatory Legal Instruments According to Simplified Procedures

1. Laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government and decisions of the Prime Minister in urgent cases or to suspend the entire or partial effect of regulatory legal documents for a certain period or require immediate amendments to comply with newly issued regulatory legal documents shall be constructed and promulgated according to the abbreviated procedures prescribed in Articles 146, 147, 148, 149 of the Law.

2. Circulars needed to take effect simultaneously with laws, ordinances, decrees of the Government, and decisions of the Prime Minister mentioned in Clause 1 of this Article or Circulars requiring urgent construction, presentation, or promulgation shall be reported by the unit responsible for drafting to the Minister for consideration and permission to draft the document without establishing a Drafting Team according to Article 22 of this Circular.

 

Chapter V

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 26. Submission of Draft Regulatory Legal Instrument Files for Review by the Legal Department

1. The unit responsible for drafting shall be responsible for submitting the dossier of draft regulatory legal documents within the authority to issue of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister to the Department of Legal Affairs for review before submitting to the Deputy Minister for consideration and signing to submit to the Ministry of Justice for review according to the Law.

2. The unit responsible for drafting shall be responsible for submitting the dossier of draft circulars/joint circulars to the Department of Legal Affairs for review before submitting to the Minister for consideration and signing to promulgate.

Article 27. Files Submitted for Review by the Legal Department

1. The leading drafting unit may submit the dossier either on paper or electronically to the Legal Department for review. In case of submission on paper, the number of dossiers sent to the Legal Department for review shall be six (6) copies.

2. For draft laws, ordinances, and draft resolutions, the documents for requesting review shall include:

a) Draft proposal to the Government on the project or draft;

b) Draft document;

c) An assessment of administrative procedures in the project or draft document, and a report explaining the adoption of comments from the Administrative Procedure Control Department, if the project or draft document contains provisions on administrative procedures.

d) A report on integrating gender equality issues in the project or draft, if the project or draft includes provisions related to gender equality;

đ) A summary, explanation, and adoption of comments; a copy of comments from ministries, agencies at the ministerial level.

e) Other documents (if any).

3. For draft decrees, the documents for requesting review shall include:

a) Draft proposal to the Government on the draft decree;

b) Draft decree;

c) A comprehensive report explaining the adoption of comments from organizations, individuals, and directly affected entities; a copy of comments from ministries, agencies at the ministerial level, and government agencies.

d) An assessment of administrative procedures, and a report explaining the adoption of comments from the Administrative Procedure Control Department, if the draft document contains provisions on administrative procedures.

đ) Report on integrating gender equality issues, if the draft includes provisions related to gender equality;

e) Other documents (if any).

4. For draft Decisions of the Prime Minister, the dossier for review shall include:

a) Draft proposal to the Prime Minister on the draft decision;

b) The draft decision;

c) A comprehensive report explaining the adoption of comments from organizations, individuals, and directly affected entities; a copy of comments from ministries, agencies at the ministerial level, and government agencies.

d) An assessment of administrative procedures, and a report explaining the adoption of comments from the Administrative Procedure Control Department, if the draft document contains provisions on administrative procedures.

đ) Report on integrating gender equality issues, if the draft includes provisions related to gender equality;

e) Other documents (if any).

5. For draft circulars/circulars jointly issued, the request for review files include:

a) Draft presentation to the Minister regarding the draft circular/circulars jointly issued;

b) Draft circular/circulars jointly issued;

c) Summary, explanation, and adoption of comments from agencies, organizations, individuals, and directly affected parties; copies of comments;

d) An impact assessment report; an assessment of administrative procedures, and a report explaining the adoption of comments from the Legal Department, in cases where the law assigns regulations on administrative procedures.

đ) Report on integrating gender equality issues (if applicable);

e) Other documents (if any).

Article 28. Acceptance of Documents for Review

1. The Department of Legal Affairs is responsible for receiving and checking the documents of draft regulatory legal instruments submitted by units for review.

2. If the dossier submitted for review does not meet the requirements stipulated in Article 27 of this Circular, within no more than three (3) days from the date of receiving the dossier, the Legal Department shall request the leading drafting unit to supplement the dossier.

Article 29. Organization of the Review Process

1. The Legal Department is responsible for reviewing draft regulatory legal documents sent by units.

2. For draft Circulars that directly affect the rights, obligations, and interests of citizens and businesses, or involve multiple sectors and fields, or are drafted under the leadership of the Legal Department, the Legal Department shall propose the Ministry's leadership to establish an advisory review board according to the provisions of Article 48 of Decree No. 34/2016/NĐ-CP.

3. Time limit for organizing the review:

a) Not exceeding ten (10) days from the date the Legal Department receives the complete dossier for review of draft laws, ordinances, decrees of the Government, and decisions of the Prime Minister.

b) Not exceeding seven (7) days from the date the Legal Department receives the complete dossier for review of draft circulars/circulars jointly issued.

c) Not exceeding five (5) days from the date the Legal Department receives the complete dossier for review of draft regulatory legal documents established and promulgated through simplified procedures.

4. When necessary, the Department of Legal Affairs may request the leading unit to provide explanations on the draft regulatory legal instrument to facilitate the review process.

5. For draft regulatory legal documents with differing opinions, the Legal Department shall coordinate with the leading drafting unit to address them. When necessary, the Legal Department may propose the Ministry's leadership to convene meetings with relevant units to discuss these issues before organizing the review.

Article 30. Content of the Review

The review of draft regulatory legal documents focuses on the following issues:

1. The appropriateness of the content of the draft law/ordinance with the purpose, requirements, scope of regulation, and policies approved in the proposal to build the law/ordinance.

Compliance of the draft decree's content with the detailed regulations provided for in the decree as specified in Clause 1, Article 19 of the Law; compliance of the draft decree's content with policies already approved in the proposal to establish the decree as specified in Clauses 2 and 3, Article 19 of the Law.

2. The necessity of issuing the document, the subject, and the scope of regulation of the document for decisions of the Prime Minister, circulars/circulars jointly issued.

3. The appropriateness of the content of the draft document with the Party's guidelines and State policies.

4. Constitutionality, legality, and consistency of the draft document with the legal system; compatibility with related international treaties to which the Socialist Republic of Vietnam is a party.

5. Necessity, rationality, and compliance costs of administrative procedures in the draft document, if the draft document contains provisions on administrative procedures; incorporation of gender equality issues in the draft document, if the draft document contains provisions related to gender equality issues.

6. Conditions ensuring human resources and financial resources to ensure implementation of the document.

7. Language, technical aspects, and procedures and processes for drafting the document.

Article 31. Review Meeting

1. The Legal Department is responsible for organizing the review meeting. For draft regulatory legal documents containing technical content related to specialized fields or having differing opinions, the Legal Department may invite representatives of the leading drafting unit, experts, technicians, and other relevant units to participate in the review meeting.

2. The review meeting shall proceed in the following sequence:

a) The Head of the Legal Department/Chairman of the Advisory Council for Review announces the reasons for the meeting;

b) The reporter provides information related to the project and draft regulatory legal document, and expresses their opinion on issues within the scope of the review;

c) Participants in the meeting shall focus their discussions and statements on issues within the scope of review as stipulated in Article 30 of this Circular.

d) The Head of the Legal Department/Chairman of the Advisory Council for Review summarizes opinions and concludes.

3. The reporter is responsible for recording the minutes of the review meeting, including all statements made during the meeting, to serve as the basis for drafting the review report. The minutes must be signed by the Legal Department's leadership/Chairman of the Advisory Review Board.

Article 32. Report on Review

1. Based on the minutes of the review meeting, the Legal Department shall complete the review report and send it to the leading drafting unit within no later than three (3) days from the end of the review meeting, following the Model Review Report attached as Appendix 3 to this Circular.

2. The leading drafting unit is responsible for studying, explaining, adopting the Legal Department's/Advisory Review Board's review comments to revise and perfect the draft document before reporting to the Ministry's leadership for signature and submission to the Ministry of Justice for review or for the Minister's signature for issuance.

 

Chapter VI

SUBMISSION, ISSUANCE, ANNOUNCEMENT, TRANSLATION, CONSOLIDATION OF REGULATORY LEGAL DOCUMENTS

          Article 33. Soliciting Opinions of the Ministry's Leadership on Draft Legal Normative Documents

          1. Draft projects and draft regulatory legal documents must be submitted to the Ministry's leadership for comments before being presented to the Government, the Prime Minister, or reported to the Minister for signature and issuance.

          2. The leading drafting unit is responsible for submitting the dossier of the revised draft project or draft regulatory legal document to the Legal Department based on the comments from the Ministry of Justice (for draft projects or draft regulatory legal documents within the jurisdiction of the National Assembly, Standing Committee of the National Assembly, Government, or Prime Minister) or the Legal Department's comments (for circulars and joint circulars) to organize solicitation of comments from the Ministry's leadership according to the Model Comment Solicitation Form for Ministry Leadership attached as Appendix 4 to this Circular.

          3. Within five (5) days from the date of receipt of the draft project or draft regulatory legal document dossier, the Ministry's leadership shall provide comments on the Comment Solicitation Form for Ministry Leadership and send it to the Legal Department.

          4. The Legal Department is responsible for compiling the comments from the Ministry's leadership and sending them to the leading drafting unit for explanation, adoption of comments, and revision and perfection of the draft project or draft regulatory legal document to be presented to the Government, the Prime Minister, or reported to the Minister for signature and issuance.

Article 34. Submission to the Government, Prime Minister of Projects and Draft Legal Normative Documents

The leading unit responsible for drafting shall be in charge of coordinating with the Legal Department to prepare the project dossier and draft regulatory documents to submit to the Government or the Prime Minister in accordance with the following provisions:

1. The dossier for a Law or Ordinance project and draft Resolution submitted to the Government includes:

a) A submission to the Government regarding the project or draft;

b) The draft document that has been revised after receiving the review opinion of the Ministry of Justice;

c) The review report of the Ministry of Justice; a report explaining and incorporating the review opinions of the Ministry of Justice;

d) An assessment of administrative procedures in the project, if the project contains administrative procedures;

đ) A report on integrating gender equality issues in the project, if the project involves gender equality issues;

e) A summary, explanation, and incorporation of comments;

g) Other relevant materials (if any).

The documents specified in points a, b, and c of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

2. The dossier for a draft Decree submitted to the Government includes:

a) A submission to the Government regarding the draft Decree;

b) The draft Decree that has been revised after receiving the review opinion of the Ministry of Justice;

c) The review report of the Ministry of Justice; a report explaining and incorporating the review opinions of the Ministry of Justice;

d) A summary, explanation, and incorporation of comments from agencies, organizations, individuals, and entities directly affected by the Decree;

đ) An assessment of administrative procedures in the draft, if the draft contains administrative procedures; a report on integrating gender equality issues in the draft, if the draft involves gender equality issues;

e) A Government resolution approving policies in the proposal to establish the Decree as stipulated in Clause 2 and Clause 3 of Article 19 of the Law;

g) Other relevant materials (if any).

The documents specified in points a, b, and c of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

3. The dossier for a draft Decision submitted to the Prime Minister includes:

a) A submission to the Prime Minister regarding the draft Decision;

b) The draft Decision that has been revised after receiving the review opinion of the Ministry of Justice;

c) The review report of the Ministry of Justice; a report explaining and incorporating the review opinions of the Ministry of Justice;

d) A report assessing the impact of policies in the draft Decision;

đ) A summary, explanation, and incorporation of comments from agencies, organizations, and individuals;

e) Other relevant materials (if any).

Materials specified in points a, b, and c of this clause must be sent in paper form, while other materials should be sent electronically.

4. The explanatory report incorporating the review opinions of the Ministry of Justice accompanying the revised draft document must be simultaneously sent to the Ministry of Justice when submitting the project or draft regulatory document to the Government or the Prime Minister as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

          Article 35. Provision of Information for Drafting Press Releases

1. Within three (3) days from the date the Government Decree or Prime Minister's Decision is signed and promulgated, the leading unit responsible for drafting shall be responsible for sending the Legal Department information to build a Press Release according to the Information Provision Model for Building a Press Release attached as Appendix 5 to this Circular. The provision of information for building a Press Release shall be carried out through a formal letter and email.

2. Within two (2) days from the date of receipt of the information sent by units in accordance with Clause 1 of this Article, the Legal Department shall be responsible for compiling and providing information to the Ministry of Justice about the regulatory documents of the Government or the Prime Minister assigned to the Ministry of Industry and Trade to draft, to serve the construction of the Press Release.

          Article 36. Announcing business investment conditions and foreign investor investment conditions

          1. For laws, ordinances, decrees that stipulate business investment conditions and foreign investor investment conditions, the drafting unit shall be responsible for submitting to the Ministry's leadership to send the contents regarding business investment conditions and foreign investor investment conditions as specified in Clause 2, Article 12 and Clause 2, Article 13 of Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law for announcement on the National Portal for Enterprise Registration.

          2. The deadline for sending the contents for announcing business investment conditions and foreign investor investment conditions to the Ministry of Planning and Investment as prescribed in Clause 1 of this Article is five (5) days from the date of issuance of the laws, ordinances, and decrees.

          Article 37. Submitting for approval and issuance of circulars/circulars jointly issued

          1. The dossier for submission to the Minister for signing and issuing circulars/circulars jointly issued includes:

          a) A memorandum to the Minister regarding the draft circular/circulars jointly issued;

g) A summary and explanation of the opinions of the Ministry's leaders (if any);

c) Legal review report of the Legal Department; report explaining and adopting review comments;

d) A summary and explanation of opinions from agencies, organizations, individuals, and directly affected entities;

đ) Impact assessment report; administrative procedure evaluation document if the law assigns regulations on administrative procedures; report on gender equality integration (if applicable);

e) Draft Decision on announcing administrative procedures stipulated in the draft (if applicable);

g) A summary and explanation of comments from Ministry leaders;

h) Other documents (if any).

2. The draft circular/circulars jointly issued submitted to the Minister for signing and issuance must include all documents prescribed in Clause 1 of this Article; the abbreviated signature of the leader of the drafting unit; the abbreviated signature of the leader of the Legal Department at the bottom right corner of each page of the draft document and the abbreviated signature of the Director of the Ministry’s Office at the final position in the "Distribution" section according to Clause 2, Article 9 of the Regulation (model) on clerical work and record-keeping issued together with Circular No. 04/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs guiding the establishment of regulations on clerical work and record-keeping of agencies and organizations.

Article 38. Issuing, publishing in the Official Gazette, posting, and disseminating circulars/circulars jointly issued

1. Issuance of Circulars/Joint Circulars:

a) After the document has been signed and issued by the Ministry's leadership, the drafting unit shall be responsible for sending two (2) signed copies along with the electronic version to the Ministry's Office and shall be responsible for the accuracy of the electronic version compared to the original circular/circulars jointly issued;

b) The Ministry's Office shall be responsible for numbering the circular, affixing stamps, archiving, duplicating, and sending the circular/circulars jointly issued to agencies, organizations, and individuals according to the "Distribution" list and returning the dossier for signing to the drafting unit.

2. Publishing in the Official Gazette and disseminating:

a) Within the latest period of three (3) days from the date of issuance, the Ministry's Office shall be responsible for sending the circular/circulars jointly issued (paper copy and electronic version) to the Government's Office for publication in the Official Gazette and posting on the Government's Electronic Portal, the Ministry of Industry and Trade's Electronic Portal, except for documents containing state secrets as prescribed by the law on state secrets.

b) Within the latest period of three (3) days from the date of issuance, the Ministry's Office shall be responsible for sending the circular/circulars jointly issued to the Department of Legal Document Inspection under the Ministry of Justice and the Legal Department for inspection as prescribed.

3. The Legal Department shall be responsible for posting the full text of the circular/circulars jointly issued on the national database of laws within the latest period of fifteen (15) days from the date of issuance.

Article 39. Publication of Administrative Procedures

1. Administrative procedures, after being issued, amended, supplemented, replaced, abolished, or revoked, must be published through a Decision of the Minister of Industry and Trade. The leading unit responsible for drafting normative legal documents shall have the responsibility to establish the Decision on publishing administrative procedures immediately after the normative legal document containing provisions on administrative procedures is issued.

2. The process of establishing and issuing Decisions on publishing administrative procedures shall be carried out in accordance with the guidance of the Minister of Justice regarding the publication of administrative procedures.

3. The leading unit responsible for drafting shall have the responsibility to send the Decision on publishing administrative procedures to the Legal Department for public disclosure on the website http://kstthc.moit.gov.vn of the Ministry and to relevant agencies and units.

Article 40. Consolidation of Normative Legal Documents

1. Legal normative documents that amend and supplement certain provisions of other legal normative documents must be technically consolidated with the original documents being amended and supplemented.

2. Units under the Ministry shall be responsible for consolidating normative legal documents drafted by their own units, ensuring the accuracy of the content and technical consolidation of draft consolidated documents, and submitting them to the Minister for verification according to the timeframes stipulated in Clause 3, Article 6 and Clause 5, Article 7 of the Ordinance on Consolidation of Normative Legal Documents as follows:

a) For normative legal documents of the Government and the Prime Minister: within five (5) days from the date of receipt of the amended or supplemented document sent by the Government Office, the leading unit responsible for drafting shall undertake the consolidation and submit it to the Minister for verification in the consolidated document.

b) For Circulars/Circulars Jointly Issued: within five (5) days from the date of issuance, the leading unit responsible for drafting shall undertake the consolidation and submit it to the Minister for verification in the consolidated document.

3. After completing the consolidation of normative legal documents, the leading unit responsible for drafting shall send the consolidated document for publication on the Electronic Gazette and the Official Portal as follows:

a) For normative legal documents of the Government and the Prime Minister: the leading unit responsible for drafting shall send the consolidated document to the Ministry's Office to forward to the Government Office for publication on the Government's Official Portal and for publication on the Electronic Gazette within two (2) days from the date the Minister verifies the document.

b) For Circulars/Circulars Jointly Issued: the leading unit responsible for drafting shall send the consolidated document to the Ministry's Office for publication on the Official Portal of the Ministry of Industry and Trade and for publication on the Electronic Gazette immediately after the Minister verifies the document.

4. Reporting System: the unit responsible for consolidating normative legal documents shall report periodically every six (6) months, annually, or at any time about the implementation of the consolidation of normative legal documents of their unit to the Legal Department for consolidation and reporting to the Ministry's Leadership.

Article 41. Translation of Normative Legal Documents

1. The Legal Department shall lead and coordinate with Vietnam News Agency and related units to translate normative legal documents specified in Clause 1, Article 102 of Decree No. 34/2016/NĐ-CP, which were drafted by the Ministry of Industry and Trade, and may translate other documents into English or another foreign language if conditions permit.

2. The translation of documents is carried out through hiring organizations or individuals with expertise.

3. Translations of normative legal documents into English or another foreign language must accurately reflect the spirit of the original document, ensure the accuracy of the content of the translated document, and only serve as reference material.

Article 42. Dissemination of regulatory legal documents

1. The Legal Department leads and coordinates with the leading drafting unit to develop a plan for popularizing newly issued regulatory documents.

2. The unit in charge of drafting shall be responsible for actively coordinating with the Legal Department to disseminate newly issued regulatory legal documents.

 

Chapter VII

IMPLEMENTATION

Article 43. Ensuring human resources and material conditions for the work of drafting and promulgating regulatory legal documents

The Heads of Ministries, Heads of units under the Ministry within their respective functions, tasks, and authorities shall be responsible for allocating staff, financial support, working tools, information, and other necessary conditions for preparing, drafting, participating in opinions, reviewing, and promulgating regulatory legal documents.

Article 44. Financial Support for Drafting and Promulgating Regulatory Legal Documents

1. The Finance Department shall be responsible for implementing the allocation of funds from the State budget for the annual work of drafting and promulgating regulatory legal documents of the Ministry according to current regulations.

2. Based on the source of funds from the State budget, the Legal Affairs Department shall submit to the Ministry's leadership for consideration and decision on the allocation of financial support for drafting and promulgating regulatory legal documents for units under the Ministry according to the Model Decision on Allocation of Financial Support for Drafting and Promulgating Regulatory Legal Documents attached as Appendix 2 to this Circular.

3. The Science and Technology Department shall be responsible for allocating and distributing funds for research topics providing scientific and practical bases serving the drafting of regulatory legal documents with wide scope, complex objects regulated, and significant impact proposed by the unit primarily responsible for drafting the document, in accordance with the annual science and technology plan guidance of the Ministry.

4. Units receiving financial support for drafting regulatory legal documents shall be responsible for using the support funds in accordance with financial regulations, ensuring valid and lawful documentation as required by current regulations.

The Ministry Office shall be responsible for guiding units in the use and settlement of financial resources for each regulatory legal document.

Article 45. Evaluation of the work of drafting and promulgating regulatory legal documents

The Legal Affairs Department shall be responsible for summarizing, concluding, evaluating, and quarterly submitting reports to the Minister regarding the work of drafting and promulgating regulatory legal documents of the Ministry.

Article 46. Awards

1. The progress in drafting and the quality of drafting regulatory legal documents are among the criteria for assessing and considering annual commendations and awards for individuals and units under the Ministry.

2. Based on the results of drafting documents by units with outstanding achievements, the Legal Affairs Department shall take the lead and coordinate with the Department of Mobilization and Awards and related units to consider and propose to the Ministry's leadership for extraordinary awards.

Article 47. Handling Responsibility

1. Units assigned to primarily draft regulatory legal documents shall not be considered for commendation or awards in the year when more than 50% of the documents in the program are delayed by more than three months without valid reasons.

2. The Legal Affairs Department shall not be considered for commendation or awards in the year when more than 50% of the reviewed documents are not completed within the prescribed time without valid reasons.

3. Leaders of the Ministry entrusted with the task of directing the drafting of regulatory legal documents in their assigned fields who delay the schedule shall be criticized within the leadership team of the Ministry.

Chapter VIII - Implementation Provisions

Article 48. Reference Clauses

In case the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacing or amended documents.

Article 49. Effective Date

1. This Circular takes effect from July 1, 2016, replacing Circular No. 22/2011/TT-BCT dated May 31, 2011, issued by the Minister of Industry and Trade on the drafting, review, and promulgation of regulatory legal documents of the Ministry of Industry and Trade, and Circular No. 13/2013/TT-BCT dated July 9, 2013, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 22/2011/TT-BCT.

2. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.

3. During implementation, if there are difficulties or obstacles, agencies, units, organizations, and individuals should report to the Ministry of Industry and Trade (Legal Affairs Department) for study and resolution./.