Circular No. 08/2021/TT-BCT stipulates on the establishment and issuance of regulatory legal documents by the Ministry of Industry and Trade.

 

 

CIRCULAR

Regulations on the drafting and issuance of normative legal documents by the Ministry of Industry and Trade

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Pursuant to the Law on Issuing Normative Legal Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Issuing Normative Legal Documents dated June 18, 2020 (hereinafter referred to as the Law);

2012;

Pursuant to the Ordinance on Codifying the System of Legal Norms dated April 16

Pursuant to the Government Decree No. 63/2010/NĐ-CP dated June 8, 2010 on administrative procedure control; the Government Decree No. 48/2013/NĐ-CP dated May 14, 2013 amending and supplementing certain provisions of the Government Decrees related to administrative procedure control; the Government Decree No. 92/2017/NĐ-CP dated August 7, 2017 amending and supplementing certain provisions of the Government Decrees related to administrative procedure control;

Pursuant to Decree No. 63/2013/ND-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codifying the System of Legal Norms;

Pursuant to the Government Decree No. 52/2015/NĐ-CP dated May 28, 2015 on the national database on laws;

Pursuant to the Government Decree No. 31/2021/NĐ-CP dated March 26, 2021 detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to the Government Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Issuing Normative Legal Documents; the Government Decree No. 154/2020/NĐ-CP dated December 31, 2020 amending and supplementing certain provisions of the Government Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Issuing Normative Legal Documents (hereinafter referred to as the Government Decree No. 34/2016/NĐ-CP);

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular regulating the drafting and issuance of normative legal documents by the Ministry of Industry and Trade.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures and formalities for proposing and planning the Program for drafting normative legal documents; drafting, reviewing, issuing, consolidating, codifying normative legal documents, and updating the national database on 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 of the Supreme People's Procuracy, and the State Auditor General.

The drafting and issuance of Circulars on national technical standards in the field of industry and trade shall be carried out in accordance with the provisions of the law on technical standards and the provisions of this Circular.

Article 2. Applicability

This Circular applies to units under the Ministry according to the Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade (hereinafter referred to as units under the Ministry), organizations, and individuals related to the work of drafting 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 normative legal documents of the Ministry of Industry and Trade.

2. Deputy Ministers direct the work of drafting, reviewing normative legal documents in their respective fields of responsibility.

3. Deputy Ministers responsible for providing guidance and urging the leading unit in charge of drafting regarding the progress, content, complex issues, and differing opinions on draft normative legal documents and are accountable to the Minister for ensuring the progress and quality of drafting normative legal documents in their respective fields of responsibility.

Article 4. Format and technical presentation of regulatory legal documents

The format and presentation techniques of normative legal documents shall be implemented in accordance with Chapter V of the Government Decree No. 34/2016/NĐ-CP.

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

For normative legal documents containing administrative procedures, during the process of proposing to draft, drafting, and issuing documents, units under the Ministry shall be responsible for implementing supplementary activities in accordance with Chapter II of the Circular No. 18/2018/TT-BCT dated July 19, 2018 of the Minister of Industry and Trade on activities for administrative procedure control within the scope of the Ministry's functional management.

Article 6. Control of prohibited business sectors and conditional business sectors, and conditions for business operations

1. For proposals to draft laws, ordinances, decrees that propose amendments or supplements to prohibited business sectors, conditional business sectors, or conditions for business operations, the leading unit shall be responsible for supplementing the contents in the proposal to draft the document according to the provisions of Clause 2, Article 13 of Decree No. 31/2021/NĐ-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain articles of the Investment Law (hereinafter referred to as Decree No. 31/2021/NĐ-CP).

2. The unit proposing to draft the document shall be responsible for reporting to the Ministry's leadership to sign the document seeking opinions from the Ministry of Planning and Investment on the contents that have been developed according to Clause 1 of this Article.

3. Annually, units shall be responsible for reviewing and evaluating the implementation of regulations on prohibited business sectors, conditional business sectors, and conditions for business operations within their functional management scope according to the provisions of Articles 10, 13, and 14 of Decree No. 31/2021/NĐ-CP and proposing to draft appropriate legal documents.

Article 7. Seeking Opinions During the Process of Drafting Legal Normative Documents

1. During the process of drafting the proposal file and drafting legal normative documents, the leading unit in drafting must seek opinions according to the provisions of Articles 5, 6, 10, and 25 of this Circular and seek opinions from relevant agencies, organizations, and individuals through methods prescribed in Articles 36, 57, 86, point d, Clause 2, Article 97, and Clause 2, Article 101 of the Law, and in accordance with each object of opinion solicitation.

2. In addition to seeking opinions as prescribed in Clause 1 of this Article, for draft documents containing complex content or technical factors in specialized fields when necessary, during the process of drafting the proposal file and drafting legal normative documents as prescribed in Articles 10 and 25 of this Circular, the leading unit in drafting may seek opinions from experts. Seeking expert opinions must ensure the following principles:

a) Experts whose opinions are sought must be knowledgeable and have expertise and experience suitable for the content being sought;

b) Experts who have participated in developing policy content, assessing policy impacts, and drafting legal normative documents shall not participate in reviewing and examining proposals to draft legal normative documents, projects, or draft legal normative documents;

c) During the process of seeking opinions, the leading unit in drafting may choose appropriate methods to seek expert opinions in accordance with the nature of the work and the needs of the unit;

d) The system, remuneration, and support for experts according to the provisions of Clauses 3 and 4, Article 175 of Decree No. 34/2016/NĐ-CP and Circular No. 338/2016/TT-BTC dated December 28, 2016 of the Minister of Finance on establishing budgets, managing, using, and settling state budget funds to ensure the work of drafting legal normative documents and perfecting the legal system.

 

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 8. Plan for Proposing to Draft Laws, Ordinances, and Resolutions

1. The process of proposing to draft legal normative documents as prescribed in Articles 9, 10, 11, 12, and 13 of this Circular applies to:

a) Laws of the National Assembly;

b) Resolutions of the National Assembly as stipulated in points b and c, Clause 2, Article 15 of the Law;

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

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

2. Prior to implementing the process of proposing to draft laws, ordinances, and resolutions as prescribed in Clause 1 of this Article, units under the Ministry must carry out the following activities:

a) Summarizing the implementation of related laws concerning the proposal to draft laws, ordinances, and resolutions; surveying and evaluating the current social relations related to the proposal to draft the document;

b) In cases where necessary, organizing scientific research on related issues to support the process of proposing to draft laws, ordinances; researching information, materials, and international treaties to which the Socialist Republic of Vietnam is a member related to the proposal to draft laws, ordinances;

c) Developing the content of policies in the proposal to draft laws, ordinances, and resolutions; assessing the impact of policies;

d) Anticipating resources and conditions to ensure the implementation of laws, ordinances, and resolutions after they are approved by the National Assembly and the Standing Committee of the National Assembly;

đ) Clearly determining the time required to prepare the file, the time to organize the solicitation of opinions, the time to send to the Legal Department for review, the time to send to the Ministry of Justice for examination, and the time to submit to the Government for consideration and approval;

e) Sending to the Legal Department for comments on the contents mentioned in points c, d, đ before reporting to the Ministry's leadership for consideration and approval.

Article 9. Documents for Proposing to Draft Laws, Ordinances, and Resolutions

Clause 1. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for preparing the documents for proposing to draft laws, ordinances, and resolutions as stipulated in Article 37 of the Law.

In cases where the proposal involves administrative procedures, the entity proposing the document must supplement the relevant documents as prescribed in Article 5 of this Circular.

In cases where the proposal involves suggestions for amending, supplementing, or replacing industries or trades with conditional business operations and investment conditions, the entity proposing the document must supplement the relevant documents as prescribed in Article 6 of this Circular.

2. The process of formulating policy content and assessing the impact of policies in proposals to draft laws, ordinances, and resolutions shall be carried out in accordance with the provisions of Section 1 Chapter II of Decree No. 34/2016/NĐ-CP.

Article 10. Soliciting Opinions on Proposals to Draft Laws, Ordinances, and Resolutions

Clause 1. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for organizing the solicitation of opinions from entities directly affected by the policies proposed in the drafting of laws, ordinances, and resolutions, and soliciting opinions from related agencies, organizations, and individuals through the forms prescribed in Article 36 of the Law; Article 10 and Article 11 of Decree No. 34/2016/NĐ-CP; and Article 7 of this Circular. If necessary, the leading agency may solicit expert opinions during the process of drafting normative legal documents.

Clause 2. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for soliciting opinions from the Ministry of Public Security regarding compliance with security and public order requirements if the content relates to security and public order, and soliciting opinions from the Ministry of National Defense for content related to national defense issues.

Clause 3. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for soliciting opinions from the Deputy Minister in charge regarding the proposal preparation documents before submitting them to the Legal Department for consolidation.

Article 11. Reviewing Proposals to Draft Laws, Ordinances, and Resolutions

Clause 1. The Legal Department shall be responsible for reviewing proposals to draft laws, ordinances, and resolutions prepared by units under the Ministry prior to sending them to the Ministry of Justice for examination.

Point a. The documents submitted to the Legal Department for review include the documents specified in Clause 1 of Article 9 of this Circular;

Point b. By the latest on September 30 each year, the entity proposing to draft laws, ordinances, and resolutions must submit the proposal preparation documents to the Legal Department for review.

Clause 2. The Legal Department shall review the proposal preparation documents within 15 days from the date of receipt of complete documents sent by the entity proposing the draft.

Clause 3. The review focuses on the issues specified in Clause 3 of Article 39 of the Law.

Clause 4. The review report must clearly reflect the Legal Department's opinion on the review content specified in Clause 3 of this Article and on whether the proposal to draft laws, ordinances, and resolutions meets the conditions for submission to the Ministry of Justice for examination before being submitted to the Government for consideration and approval.

Article 12. Examination of Proposals to Draft Laws, Ordinances, and Resolutions

The entity proposing to draft laws, ordinances, and resolutions shall be responsible for studying, adopting, and explaining the review opinions of the Legal Department to revise and perfect the proposal preparation documents, and simultaneously submitting the revised proposal to draft laws, ordinances, and resolutions along with the explanation and adoption report to the Legal Department when submitting to the Ministry Leadership for the Ministry of Justice to examine according to Clause 2 of Article 39 of the Law.

Article 13. Submitting proposals for the construction of laws, ordinances, and resolutions to the Government for consideration and approval

1. The unit proposing the construction of laws, ordinances, and resolutions shall be responsible for researching, explaining, and incorporating the comments from the Ministry of Justice to revise and perfect the proposal for the construction of laws, ordinances, and resolutions; simultaneously, submit the revised proposal for the construction of laws, ordinances, and resolutions along with the report on explanations and incorporations to the Ministry of Justice when submitting to the Government as stipulated in Clause 2 of this Article.

2. The unit proposing the construction of laws, ordinances, and resolutions shall be responsible for reporting to the leadership of the Ministry to submit the proposal for the construction of laws, ordinances, and resolutions to the Government for consideration and approval at least twenty days before the date of the Government's session. The dossier submitted to the Government includes the documents specified in Clause 2 of Article 40 of the Law.

3. Based on the resolution of the Government approving the proposal for the construction of laws, ordinances, and resolutions, the proposing unit shall be responsible for leading and coordinating with the Legal Department to complete the dossier for the proposal for the construction of laws, ordinances, and resolutions to be approved by the leadership of the Ministry no later than December 15 each year to be sent to the Ministry of Justice as stipulated in Clause 4 of this Article.

4. No later than December 31 each year, the dossier for the proposal for the construction of laws, ordinances, and resolutions that has been approved by the leadership of the Ministry as stipulated in Clause 2 of this Article must be sent to the Ministry of Justice to establish the Government's proposal on the legislative program for the following year or the subsequent year after that (the year planned to submit to the National Assembly, the Standing Committee of the National Assembly).

 

Section 2

PROPOSAL FOR THE CONSTRUCTION OF LEGISLATIVE INSTRUMENTS BY THE GOVERNMENT, THE PRIME MINISTER OF THE GOVERNMENT, AND THE MINISTER OF INDUSTRY AND TRADE

 

Article 14. Proposal for the construction of decrees as stipulated in Clause 2 of Article 19 of the Law

1. The unit proposing the construction of decrees shall be responsible for preparing the dossier for the proposal for the construction of decrees including the documents specified in Article 87 of the Law. In cases where the proposal for the construction of a document proposes amendments, supplements, or replacements of prohibited investment and business industries, conditional investment and business industries, and conditions for investment and business, the unit shall prepare additional documents according to the provisions of Article 6 of this Circular.

2. The unit proposing the construction of decrees shall be responsible for sending the dossier specified in Clause 1 of this Article to the Legal Department for review.

The Legal Department shall review the dossier for the proposal for the construction of decrees and send it to the main drafting unit according to the Model Review Report specified in Appendix 2 issued together with this Circular within fifteen days from the date of receiving the complete dossier sent by the proposing unit. The review focuses on the following contents:

a) The necessity of promulgating the decree; the purpose and viewpoint of constructing the decree; the objects, scope of regulation, and main contents of the decree;

b) The consistency of the main policy content with the Party's guidelines and policies and the State's policies;

c) The constitutionality, legality, and consistency of the policy with the legal system;

d) The compatibility of the main policy content in the proposal for the construction of the decree with relevant international treaties to which the Socialist Republic of Vietnam is a party;

đ) The proposed time frame for submission to the Prime Minister.

The review report must clearly reflect the Legal Department's opinion on whether the dossier for the proposal for the construction of the decree meets the conditions, needs further improvement, or does not meet the conditions before reporting to the leadership of the Ministry to submit to the Prime Minister as stipulated.

3. The proposing unit shall be responsible for researching, incorporating, and explaining the review comments of the Legal Department to revise and perfect the dossier for the proposal for the construction of the decree and simultaneously submit the revised dossier for the proposal for the construction of the decree along with the report on explanations and incorporations to the Legal Department when submitting to the leadership of the Ministry to submit to the Prime Minister as stipulated in Article 89 of the Law.

Article 15. Request to establish a decree as provided for in Clause 3, Article 19 of the Law.

The unit requesting to establish the decree shall be responsible for preparing the request dossier in accordance with the provisions of Article 87 of the Law. In cases where the request involves administrative procedures, the unit shall supplement additional documents as prescribed in Article 5 of this Circular. In cases where the request proposes amendments, supplements, or replacements of prohibited business sectors, conditional business sectors, and business conditions, the unit shall supplement documents as prescribed in Article 6 of this Circular.

The establishment of policy content and impact assessment in the request to establish the decree shall be carried out in accordance with the provisions of Clause 2, Article 9 of this Circular.

1. The unit requesting to establish the decree shall be responsible for soliciting opinions from entities directly affected by the policies proposed in the request to establish the decree; soliciting opinions from relevant agencies and organizations through methods prescribed in Article 86 of the Law and Articles 10 and 11 of Decree No. 34/2016/NĐ-CP.

2. The Legal Department shall be responsible for reviewing the request dossier of units under the Ministry before sending it to the Ministry of Justice for examination. The dossier submitted for review by the Legal Department includes the documents prescribed in Clause 1 of this Article.

3. The Legal Department shall review the request dossier and send it to the main drafting unit according to the Model Review Report prescribed in Appendix 3 issued together with this Circular within 15 days from the date of receipt of the complete dossier sent by the requesting unit.

The review focuses on issues prescribed in Clause 3, Article 88 of the Law. The review report must clearly express the Legal Department's opinion on whether the request dossier meets the conditions, needs further improvement, or does not meet the conditions to be sent to the Ministry of Justice for examination before submission to the Government for consideration and approval.

4. The unit requesting to establish the decree shall be responsible for studying, adopting, and explaining the review opinions of the Legal Department to revise and improve the request dossier, and simultaneously submitting the revised request dossier along with the explanation and adoption report to the Legal Department when presenting to the Ministry Leadership for submission to the Ministry of Justice for examination in accordance with the provisions of Article 88 of the Law.

5. Based on the study, explanation, and adoption of the examination opinions of the Ministry of Justice, the unit requesting to establish the decree shall be responsible for revising and improving the request dossier for approval by the Ministry Leadership before submission to the Government for consideration and approval in accordance with the provisions of Article 89 of the Law.

Article 16. Dossier for requesting to establish a decree as provided for in Clause 1, Article 19 of the Law, Prime Minister's decision, circulars, joint circulars to be included in the Program for Building Legal Normative Documents of the Ministry of Industry and Trade.

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

a) Explanation of the request to establish the decree, including the name of the document; necessity and legal basis for issuing the document; basic policies and main contents of the document; proposed list of administrative procedures (if applicable); proposals for amending, supplementing, or replacing conditional business sectors and business conditions as prescribed in Article 6 of this Circular;

b) Information about the main drafting agency, resources ensuring the work of building the document, and the expected time for submission to the Government (specifically to the month);

c) Proposed detailed draft outline of the decree;

d) Preliminary impact assessment report of the document;

đ) Draft administrative procedure evaluation (if applicable);

e) Opinions of agencies and units as prescribed in Clause 4 of this Article.

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

a) Explanation of the request to establish 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 about the main drafting agency, resources ensuring the work of building the document, and the expected time for submission to the Prime Minister (specifically to the month);

c) Draft administrative procedure evaluation (if applicable);

d) Opinions of agencies and units as prescribed in Clause 4 of this Article.

3. For circulars and joint circulars, the request dossier shall include:

a) Explanation of the request to establish the circular or joint circular, including the name of the document; necessity and legal basis for issuing the document; main contents of the document; proposed list of administrative procedures (in cases where the law assigns the regulation of administrative procedures);

b) Information about the main drafting agency, resources ensuring the work of building the document, and the expected time for issuance (specifically to the month);

c) Draft administrative procedure evaluation (in cases where the law assigns the regulation of administrative procedures);

d) Opinions of agencies and units if there are related contents as prescribed in Clause 4 of this Article.

4. Before submitting to the Legal Department for review as prescribed in point b, Clause 1, Article 18 of this Circular, the unit requesting to establish legal normative documents as prescribed in Clauses 1 and 2 of this Article shall be responsible for sending the dossier to the Ministry of Public Security for comments on its suitability with security and public order requirements if it involves security and public order; sending the dossier to the Ministry of National Defense if it involves defense issues; sending the dossier to agencies and units as prescribed in Article 5 of this Circular for comments if it involves administrative procedures; sending the dossier to the Ministry of Planning and Investment for comments if it involves prohibited business sectors, conditional business sectors, and business conditions as prescribed in Article 6 of this Circular.

 

Chapter III

CHAPTER PROGRAM ON THE DEVELOPMENT OF LEGAL DOCUMENTS OF THE MINISTRY OF INDUSTRY AND TRADE

 

Article 17. Program on the Development of Legal Documents of the Ministry of Industry and Trade

1. The Program on the Development of Legal Documents of the Ministry of Industry and Trade (hereinafter referred to as the Program) is compiled based on the assignment tasks of competent authorities, proposals from units under the Ministry, and reviewed by the Department of Legal Affairs.

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

d) Leading unit in drafting for each document;

d) Other necessary contents.

3. The Program is issued annually by the Minister according to the Model attached at Appendix 1 of this Circular and may be adjusted or supplemented by the Minister as provided for in Article 22 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 18. Preparation of the Program

1. Units under the Ministry shall be responsible for:

a) Sending notifications requesting the development of laws, ordinances, resolutions, decrees as stipulated in Articles 9, 14, and 15 of this Circular, which have been approved by the Government and the Prime Minister, to the Department of Legal Affairs for consolidation and inclusion in the Program, specifying the time of submission of the document;

b) Sending files requesting the development of legal documents as stipulated in Article 16 of this Circular to the Department of Legal Affairs for review, consolidation, and reporting to the Minister for consideration and inclusion in the Program.

2. The deadline for submitting requests to develop legal documents as stipulated in Clause 1 of this Article shall be implemented as follows:

a) Before December 15 each year for requests to develop laws, ordinances, and resolutions for the following year or the year after that (the year expected to submit to the National Assembly, the Standing Committee of the National Assembly);

b) Before September 30 each year for requests to develop decrees of the Government and decisions of the Prime Minister for the following year;

c) Before October 31 each year for requests to develop circulars for the following year.

3. Agencies, organizations, and individuals may send written suggestions for developing laws, ordinances, and decrees to the Department of Legal Affairs or through the Ministry of Industry and Trade's electronic portal (www.moit.gov.vn). The Department of Legal Affairs shall take the lead and coordinate with units under the Ministry to examine and consolidate these suggestions for reporting to the Minister.

Article 19. Review of Requests for Developing Legal Documents

1. The Department of Legal Affairs shall review the files of requests for developing legal documents as stipulated in Article 16 of this Circular from units under the Ministry for presentation to the Minister for consideration and inclusion in the Program.

2. In cases where the request file does not meet the requirements stipulated in Article 16 of this Circular, within five days, the Department of Legal Affairs shall request units under the Ministry to supplement and complete.

3. The Department of Legal Affairs shall review within seven days from the date of receiving complete request files for developing legal documents meeting 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, applicable subjects; basic policies of the document; consistency, compatibility with current Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member; conditions ensuring the development and enforcement of the document.

For requests for developing legal documents containing administrative procedures, the Ministry Office shall provide comments on the proposed administrative procedures.

For requests for developing legal documents containing provisions related to gender equality, the Department of Legal Affairs shall provide comments on incorporating gender equality issues into the draft document.

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

Article 20. Issuing the Program

1. Based on the results of reviewing the files proposing to establish normative legal documents from units under the Ministry, the Legal Department drafts the Program and sends it to units under the Ministry for opinions from agencies, organizations, and individuals.

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

Article 21. Implementing the Program

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

a) Establishing a plan to build normative legal documents, ensuring the drafting schedule, procedures, and quality of the draft document; being responsible for updating the progress according to the guidance of the Legal Department and ensuring the deadline for updates and the accuracy of the updated progress;

b) Implementing the reporting system on the progress of building normative legal documents regularly, including weekly progress reports (The deadline for submitting weekly progress reports to the Legal Department is before 11:00 AM every Friday via email: [email protected]); annual progress reports (The deadline for submitting annual progress reports is before November 15 each year). After the deadline, if the Legal Department does not receive the progress report from the unit, the Legal Department will use the most recent weekly progress report to compile the progress report on building normative legal documents to report to the Minister.

In case the progress reporting date coincides with a legal holiday, units must send updates on the day before the holiday;

c) Reporting clearly the reasons for delays in the progress of the document and proposing measures to address them;

d) Being responsible throughout the process of building normative legal documents until issuance, ensuring compliance with the provisions of the Law, and being responsible during the implementation of normative legal documents drafted by the unit.

2. The Legal Department shall be responsible for:

a) Urging and compiling 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 building normative legal documents according to the directives of the Ministry's leadership or the requirements of competent authorities.

Article 22. Amending and Supplementing the Program

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

a) Removing normative legal documents that are no longer necessary to issue due to changes in economic and social conditions;

b) Adding normative legal documents to the Program due to urgent management needs within the jurisdiction of the Ministry of Industry and Trade or to amend and supplement existing laws to ensure the consistency of the legal system or to implement international commitments;

c) Adjusting the submission time due to delays in drafting or due to the draft document not meeting quality standards.

2. In cases where there are amendments or supplements to the Program in the same year, units under the Ministry proposing such amendments or supplements must report and obtain approval from the Ministry's leadership before sending the Legal Department to compile the amendments or supplements to the Program, specifying the contents to be amended or supplemented and providing detailed explanations. For proposals to add normative legal documents to the Program as stipulated in point b, Clause 1 of this Article, complete files as required by Articles 14, 15, and 16 of this Circular must be provided. For proposals to adjust the submission time for documents already included in the Program, the unit proposing the adjustment must seek opinions, report, and obtain approval from the Ministry's leadership regarding the adjustment before the registered submission/broadcasting deadline before sending the Legal Department to compile the adjustments.

3. The Legal Department reviews and compiles proposals to amend and supplement the Program and submits them to the Minister for consideration and issuance of a Decision amending and supplementing the Program no later than July 15 each year.

4. If necessary, the Legal Department reviews and evaluates the implementation of the Program up to December 25 each year and recommends the Minister to amend the Program in that year for objective reasons based on the proposals of the main responsible unit.

 

Chapter IV

||| DRAFTING LEGAL INSTRUMENTS

 

Article 23. Drafting laws, ordinances, resolutions, decrees

1. For laws, ordinances, and resolutions, the drafting is carried out through the Drafting Board and the Editing Team in accordance with Articles 52, 53, and 54 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

2. The head of the leading unit responsible for drafting shall organize the development of draft decrees based on contents approved by the Prime Minister for decrees stipulated in Clause 2, Article 19 of the Law and by the Government for decrees stipulated in Clause 3, Article 19 of the Law; ensuring the consistency of the decree with the detailed regulations provided for in the decree stipulated in Clause 1, Article 19 of the Law.

In cases where necessary, the leading unit responsible for drafting may report to the Minister to establish the Drafting Board and the Editing Team to draft the decree in accordance with Point b, Clause 2, Article 90 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

In cases where the Drafting Board is not established, the leading unit responsible for drafting may report to the Minister to establish the Editing Team to draft the decree.

Article 24. Drafting decisions of the Prime Minister, circulars, joint circulars

1. The drafting of decisions of the Prime Minister, circulars, and joint circulars is carried out through the Drafting Team.

2. The head of the leading unit responsible for drafting must complete the process of submitting to the Minister for consideration and decision-making on the establishment of the Drafting Team within thirty days from the date of issuance of the Program.

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

The Drafting Team for the circular of the Minister must include members consisting of the Team Leader being a representative of the leading unit responsible for drafting and other members being representatives of the Legal Department and related units, organizations, and individuals.

The Drafting Team for the joint circular drafted under the lead of the Ministry of Industry and Trade must include members consisting of the Team Leader being the leadership of the leading unit responsible for drafting and other members being representatives of the Legal Department and related agencies, units, organizations, and individuals.

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

4. In cases where a circular needs to be issued to take effect simultaneously with the effective date of laws, ordinances, decrees of the Government, or decisions of the Prime Minister mentioned in Clause 1 of this Article or other circulars requiring urgent construction, submission, or issuance, the leading unit responsible for drafting reports to the Minister for consideration and permission to draft the document without establishing the Drafting Team.

Article 25. Soliciting opinions during the drafting of regulatory documents

1. During the drafting process, the leading unit responsible for drafting must solicit opinions from entities directly affected by the draft regulatory document and from relevant agencies, organizations, and individuals using methods prescribed in Article 57, Point d, Clause 2, Article 97, and Clause 2, Article 101 of the Law, and in accordance with each specific object solicited.

2. For projects and draft regulatory documents that have direct impacts on the rights, obligations, and interests of citizens and businesses, the leading unit responsible for drafting has the responsibility to send them to the Vietnam Fatherland Front and the Vietnam Chamber of Commerce and Industry to solicit opinions from the Front and the business community.

3. For draft regulatory documents within the promulgation authority of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister concerning national security and public order, the leading unit responsible for drafting has the responsibility to solicit opinions from the Ministry of Public Security regarding compliance with requirements for national security and public order and from the Ministry of Defense regarding content related to defense issues.

4. The leading unit responsible for drafting organizes the solicitation of opinions from related units within the Ministry regarding the draft regulatory document. Units within the Ministry have the responsibility to provide comments when requested to participate in the opinion-gathering process. The head of the unit requested to participate in the opinion-gathering process is responsible before the Minister for not participating or delaying participation in the opinion-gathering process and any difficulties or issues arising (if any) related to the content within their management responsibilities.

5. In addition to implementing the provisions of Clauses 1, 2, 3, and 4 of this Article, the drafting agency solicits opinions from related entities in accordance with Article 5, Article 6, and Article 7 of this Circular.

Article 26. Compilation, Incorporation of Opinions and Legal Justification for Draft Regulatory Legal Instruments

1. The leading drafting unit shall be responsible for compiling, studying, incorporating, and explaining opinions from agencies, organizations, and individuals. In cases where opinions are not incorporated, the leading drafting unit must provide specific explanations.

2. After revising the draft regulatory legal instrument according to the provisions of Clause 1 of this Article, the leading drafting unit shall report and seek guidance from the Ministry's leadership responsible regarding progress, content, complex issues, and issues with differing opinions concerning the draft regulatory legal instrument.

After receiving guidance from the Ministry's leadership responsible, the leading drafting unit shall be responsible for revising the draft regulatory legal instrument. If deemed necessary, the leading drafting unit may continue to solicit participation opinions from relevant agencies, units, organizations, and individuals both within and outside the Ministry.

Article 27. 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, decisions of the Prime Minister, circulars of Ministers shall be implemented according to the provisions of Articles 146, 147, 148, and 149 of the Law.

2. Circulars of Ministers shall be drafted and promulgated according to simplified procedures in the following cases:

a) Urgent situations to address emerging issues in practice as stipulated in Clause 1 of Article 146 of the Law;

b) Need to suspend the entire or part of the effectiveness of a regulatory legal instrument to promptly protect the interests of the State, rights, and legitimate interests of organizations and individuals as stipulated in Clause 2 of Article 146 of the Law;

c) Need to abolish part or all of a regulatory legal instrument that contravenes the law or is no longer suitable for socio-economic development as stipulated in Clause 4 of Article 146 of the Law.

3. In cases where circulars of Ministers are drafted and promulgated according to simplified procedures due to urgent situations to address emerging issues in practice as stipulated in point a of Clause 2 of this Article:

a) The leading drafting unit shall seek the opinion of the Legal Affairs Department before reporting to the Ministry's leadership to request the Ministry of Justice's opinion on applying the simplified procedures for such circular. After receiving the written opinion of the Minister of Justice, the Ministry of Industry and Trade shall submit a report to the Prime Minister for consideration and decision;

b) The document requesting the Prime Minister's consideration and decision on applying the simplified procedures shall include the following main contents: the necessity of issuing the circular through simplified procedures (legal basis, practical basis), expected submission time, expected effective date, the opinion of the Ministry of Justice, and other relevant contents (if any).

4. In cases where circulars of Ministers are drafted and promulgated according to simplified procedures as stipulated in points b and c of Clause 2 of this Article:

The leading drafting unit shall be responsible for reporting and seeking the opinion of the Ministry's leadership responsible before submitting to the Minister for consideration and decision on drafting according to simplified procedures.

 

Chapter V

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

 

Article 28. Submission of Draft Regulatory Legal Instrument Files for Review by the Legal Affairs Department

1. The leading drafting unit shall be responsible for submitting files of draft regulatory legal instruments within the authority to promulgate of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister to the Legal Affairs Department for review prior to presenting to the Ministry's leadership for examination and signing to send to the Ministry of Justice for review in accordance with the Law.

2. The leading drafting unit shall be responsible for submitting files of draft circulars and joint circulars to the Legal Affairs Department for review prior to presenting to the Minister for examination and signing for promulgation.

Article 29. Documents submitted to the Legal Affairs Department for review

1. The leading unit shall submit the documents either in paper form or electronic form to the Legal Affairs Department for review. Among these, the documents including the proposal and draft document must be submitted in paper form, while other documents may be submitted in electronic form. In case of submission in paper form, four (4) sets of documents shall be sent to the Legal Affairs Department for review.

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

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

b) Draft document;

c) Report on reviewing relevant legal normative documents related to the legislative project or draft;

d) Assessment of administrative procedures in the legislative project or draft document, along with a report explaining the incorporation of comments from the Administrative Procedure Control Department (Government Office), if the draft document includes provisions on administrative procedures;

đ) Report on integrating gender equality issues in the legislative project or draft, if the project or draft contains provisions related to gender equality;

e) Summary, explanation, and incorporation of comments; copies of comments from ministries, agencies at the ministerial level. For legal normative documents that amend or supplement prohibited business sectors, conditional business sectors, or investment conditions, there must be a copy of comments from the Ministry of Planning and Investment regarding the contents stipulated in Clause 1, Article 6 of this Circular, along with explanations and incorporations by the leading unit;

g) Resolution of the Government on the proposal to draft laws, ordinances, or resolutions;

h) 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) Report on reviewing relevant legal normative documents related to the draft decree;

d) Summary, explanation, and incorporation of comments from agencies, organizations, individuals, and directly affected entities; copies of comments from ministries, agencies at the ministerial level, and government agencies. For legal normative documents that amend or supplement conditional business sectors or investment conditions, there must be a copy of comments from the Ministry of Planning and Investment regarding the contents stipulated in Clause 1, Article 6 of this Circular, along with explanations and incorporations by the leading unit;

đ) Report on the impact assessment of policies concerning the decree specified in Clause 1 and Clause 2 of Article 19 of the Law;

e) Assessment of administrative procedures, report explaining the incorporation of comments from the Administrative Procedure Control Department (Government Office), if the draft includes provisions on administrative procedures;

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

h) Resolution of the Government on the proposal to draft the decree specified in Clause 3 of Article 19 of the Law;

i) Other documents (if any).

4. For draft decisions of the Prime Minister, the documents for requesting review shall include:

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

b) The draft decision;

c) Summary, explanation, and incorporation of comments from agencies, organizations, individuals, and directly affected entities; copies of comments from ministries, agencies at the ministerial level, and government agencies;

d) Report on the impact assessment of policies in the draft decision;

đ) Assessment of administrative procedures, report explaining the incorporation of comments from the Administrative Procedure Control Department (Government Office), if the draft includes 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 or joint circulars, the documents for requesting review shall include:

a) Draft proposal to the Minister on the draft circular or joint circular;

b) Draft circular or joint circular;

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

d) Report on the impact assessment of policies in the draft circular (if applicable); assessment of administrative procedures, report explaining the incorporation of comments from the Ministry's Office, in cases where the law or resolution of the National Assembly assigns the provision of administrative procedures;

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

e) Other documents (if any).

6. For draft circulars developed according to simplified procedures, the documents for requesting review shall include:

a) Draft proposal to the Minister on the draft circular;

b) Summary, explanation, and incorporation of comments from agencies, organizations, individuals, and directly affected entities; copies of comments;

c) Other relevant materials (if any).

7. For draft circulars promulgating technical standards in the industry and trade sector, the documents for requesting review shall include:

a) Documents prescribed in point a, point b, and point c of Clause 5 of this Article;

b) Results of the assessment by the Ministry of Science and Technology;

c) Other documents (if any).

Article 30. 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. In cases where the submitted documents for review do not meet the requirements stipulated in Article 29 of this Circular, within three days from the date of receiving the documents, the Legal Department shall request the main drafting unit to supplement the documents.

Article 31. Organization of Review

1. The Legal Department shall be responsible for reviewing draft normative legal documents sent by units.

2. For draft normative legal documents within the promulgation authority of the National Assembly, the Standing Committee of the National Assembly, the Government, or the Prime Minister, which have complex contents, involve multiple sectors and fields, or are drafted by the Legal Department, the Legal Department shall propose the Ministry's leadership to establish an advisory council for review in accordance with Article 48 of Decree No. 34/2016/NĐ-CP.

3. For draft circulars that directly affect the rights, obligations, and interests of citizens and businesses, involve multiple sectors and fields, or are drafted by the Legal Department, the Legal Department shall propose the Ministry's leadership to establish an advisory council for review in accordance with Article 48 of Decree No. 34/2016/NĐ-CP.

4. Review period:

a) Not exceeding ten days from the date the Legal Department receives all documents for review for draft laws, ordinances, decrees of the Government, and decisions of the Prime Minister;

b) Not exceeding seven days from the date the Legal Department receives all documents for review for draft circulars, joint circulars;

c) Not exceeding four days from the date the Legal Department receives all documents for review for draft normative legal documents built and issued according to simplified procedures.

5. For draft normative legal documents involving administrative procedures, technical aspects, or issues with differing opinions, the Legal Department shall invite the main drafting unit, relevant units and organizations, and experts to participate in the review meeting if necessary.

6. For draft normative legal documents with issues having differing opinions, the Legal Department shall coordinate with the main drafting unit to handle them. If necessary, the Legal Department shall propose the Ministry's leadership to convene discussions with relevant units on these issues before organizing the review.

Article 32. Content of Review

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

1. The consistency of the content of draft laws and ordinances with the purpose, requirements, scope of regulation, and policies approved in the proposal to build laws and ordinances.

The consistency of the content of draft decrees with detailed regulations provided for in Clause 1, Article 19 of the Law; the consistency of the content of draft decrees with current legal provisions for decrees provided for in Clause 2, Article 19 of the Law; the consistency of the content of draft decrees with policies approved in the proposal to build decrees for decrees provided for in Clause 3, Article 19 of the Law.

2. The necessity of issuing the document, the subject, and the scope of regulation of the document.

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

4. The 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. Compliance with principles and requirements for administrative procedures if the draft document contains such procedures; the necessity and legality of amending and supplementing industries and trades subject to conditions or investment conditions, if the draft document amends and supplements such industries and trades; the integration 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 33. Report on Review

1. Within the latest three working days from the date of the conclusion of the review meeting, the Department of Legal Affairs shall complete the report on review and send it to the leading unit drafting the document according to the Model of the Report on Review attached as Appendix 4 to this Circular.

2. The leading unit drafting shall be responsible for studying, explaining, and incorporating the comments of the Department of Legal Affairs/Consultative Review Board into the draft document to refine and perfect it before reporting to the Ministry's leadership for signature and submission to the Ministry of Justice for review or for submission to the Minister for issuance.

 

Chapter VI

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

 

Article 34. Soliciting Opinions of the Ministry’s Leadership on Draft Regulatory Legal Documents

1. Before submitting the draft regulatory legal document to the Minister for signature and issuance or for submission to the competent authority for signature and issuance, opinions of the Minister, Deputy Ministers responsible for the content, and Deputy Ministers responsible for the leading unit must be solicited.

2. Other leaders of the Ministry not covered by Clause 1 of this Article who have opinions on the draft regulatory legal document shall directly report to the Minister for decision.

3. The leading unit drafting shall be responsible for sending the Department of Legal Affairs the project dossier and draft regulatory legal document that has been refined based on the comments of the Ministry of Justice (for projects and drafts within the jurisdiction of issuance by the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister) or the comments of the Department of Legal Affairs (for circulars and joint circulars) to organize the solicitation of opinions of the Ministry’s leadership according to Clause 1 of this Article using the Opinion Solicitation Form for the Ministry’s Leadership attached as Appendix 5 to this Circular.

4. Within five days from the date of receipt of the project dossier and draft regulatory legal document, the leaders of the Ministry whose opinions are sought shall provide their comments on the Opinion Solicitation Form for the Ministry’s Leadership and send them to the Department of Legal Affairs.

5. The Department of Legal Affairs shall be responsible for compiling the opinions of the Ministry’s leadership and sending them to the leading unit drafting for explanation, incorporation of comments, and refinement and perfection of the project and draft regulatory legal document to be submitted to the Government, Prime Minister, or submitted to the Minister for issuance.

Article 35. Submitting Projects and Drafts of Regulatory Legal Documents to the Government, Prime Minister

The leading unit drafting shall take the lead and coordinate with the Department of Legal Affairs to prepare the project dossier and draft regulatory legal document for the Minister to submit to the Government, Prime Minister according to the following provisions:

1. The project dossier and draft of laws, ordinances, and resolutions to be submitted to the Government include:

a) A request to the Government regarding the project and draft;

b) The draft document that has been refined after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation and incorporation of comments from the Ministry of Justice;

d) A report on reviewing related legal regulatory documents concerning the project and draft;

đ) An assessment of administrative procedures in the draft, if the draft contains administrative procedures;

e) A report on integrating gender equality issues in the project, if the draft contains provisions related to gender equality;

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

h) Other documents (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 the draft decree to be submitted to the Government includes:

a) The Government’s report on the draft decree;

b) The draft decree that has been refined after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation and incorporation of comments from the Ministry of Justice;

d) A report on reviewing related legal regulatory documents concerning the draft Decree;

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

e) A policy impact assessment report for the decree stipulated in Clause 1 and Clause 2 of Article 19 of the Law; 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 contains provisions related to gender equality;

g) The Resolution of the Government on the proposal to establish the decree stipulated in Clause 3 of Article 19 of the Law;

h) Other documents (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 the draft decision to be submitted to the Prime Minister includes:

a) A request to the Prime Minister regarding the draft decision;

b) The draft decision that has been refined after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation and incorporation of comments from the Ministry of Justice;

d) A policy impact assessment report in the draft decision; an assessment of administrative procedures, if the draft contains administrative procedures; a report on integrating gender equality issues, if the draft contains provisions related to gender equality;

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

e) Other documents (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.

4. The report on explanation and incorporation of comments from the Ministry of Justice accompanying the refined draft document must be simultaneously sent to the Ministry of Justice when submitting the project and draft regulatory legal document to the Government, Prime Minister as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. The dossier for examination and approval of legal regulatory documents through simplified procedures is defined as follows:

a) The dossier for submitting the project of law and draft resolution of the National Assembly, the project of ordinance and draft resolution of the Standing Committee of the National Assembly includes the request, draft, and review report;

b) The dossier for submitting the draft decree of the Government and the draft decision of the Prime Minister includes the request, draft, and review report.

Article 36. Provision of Information for Drafting Press Releases

1. The provision of information for legal normative documents drafted by the Ministry of Industry and Trade to build press releases includes:

a) Laws, ordinances, resolutions containing legal norms of the National Assembly, the Standing Committee of the National Assembly after the President signs the promulgation decree;

b) Decrees of the Government, joint resolutions between the Government and the Central Steering Committee of the Vietnam Fatherland Front, Decisions of the Prime Minister after the Government, the Prime Minister sign and issue them.

2. In the case of legal normative documents specified in point a, Clause 1 of this Article, the drafting unit shall be responsible for providing information to the Office of the President about legal normative documents of the National Assembly, the Standing Committee of the National Assembly drafted by the Ministry of Industry and Trade to serve the construction of press releases according to Article 12 of the Law on Popularizing and Promoting Legal Education 2012.

3. In the case of legal normative documents specified in point b, Clause 1 of this Article, the drafting unit shall be responsible for providing information to the Ministry of Justice about legal normative documents of the Government, the Prime Minister drafted by the Ministry of Industry and Trade to serve the construction of press releases as follows:

a) Within five working days from the date the legal normative document of the Government, the Prime Minister is signed and issued, the drafting unit shall be responsible for preparing and sending the information to the Ministry of Justice via formal letter and email, while also sending it to the Department of Legal Affairs for general oversight.

b) The content prepared shall follow the Model attached to Circular No. 12/2013/TT-BTP dated August 7, 2013, issued by the Minister of Justice, which stipulates the procedure for issuing press releases regarding legal normative documents issued by the Government, the Prime Minister.

Article 37. Consolidation of Legal Normative 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. Heads of units under the Ministry shall be responsible for organizing the consolidation of legal normative documents drafted by their units when they are amended or supplemented, including:

a) Legal normative documents of the President, the Government, the Prime Minister, joint documents between the Government and central agencies of political-social organizations;

b) Legal normative documents signed and issued by the Minister of Industry and Trade, joint documents where the Ministry of Industry and Trade is the main drafting agency.

3. Within no more than five working days from the date of receipt of the document as stipulated in point a, Clause 2 of this Article, the drafting unit of the amended and supplemented document shall complete the consolidation of the document, submit it to the Minister of Industry and Trade for verification and implementation of the publication of the consolidated document as follows:

a) The consolidating unit shall be responsible for sending the consolidated document to the Government Office within two working days from the date of verification to post on the Government's electronic information website; send the consolidated document to the Official Gazette agency for publication in the Official Gazette.

b) The consolidating unit shall be responsible for sending the consolidated document (in "doc" format and in PDF with red seal) to the Department of Legal Affairs within two working days from the date of verification to update the National Legal Database.

4. Within no more than five working days from the date of issuance of the document as stipulated in point b, Clause 2 of this Article, the drafting unit of the amended and supplemented document shall complete the consolidation of the document, submit it to the Minister of Industry and Trade for verification and implementation of the publication of the consolidated document as follows:

a) The consolidating unit shall be responsible for sending the consolidated document to the Ministry Office within two working days from the date of verification to post on the Ministry of Industry and Trade's electronic information website; send the consolidated document to the Official Gazette agency for publication in the Official Gazette.

b) The consolidating unit shall be responsible for sending the consolidated document (in ".doc" format and in PDF with red seal) to the Department of Legal Affairs within two working days from the date of verification to update the National Legal Database.

5. Heads of units under the Ministry shall be responsible for ensuring the deadlines, accuracy of content and technical aspects of consolidation as prescribed in the Ordinance on Consolidation of Legal Normative Documents 2012. In case of errors, they must take responsibility and handle them promptly according to Article 9 of the Ordinance on Consolidation of Legal Normative Documents 2012.

Article 38. Announcing investment conditions for business operations and foreign investors' investment conditions

1. For laws, ordinances, decrees that stipulate investment conditions for business operations and foreign investors' investment conditions, the drafting unit shall be responsible for submitting to the Ministry's leadership to send the contents regarding investment conditions for business operations and foreign investors' investment conditions as prescribed in Clause 2, Article 12 and Clause 2, Clause 3, Article 14 of Decree No. 31/2021/NĐ-CP to the Ministry of Planning and Investment for publication on the National Portal for Enterprise Registration.

2. The deadline for sending the contents for announcing investment conditions for business operations and foreign investors' investment conditions to the Ministry of Planning and Investment as prescribed in Clause 1 of this Article is five working days from the date the laws, ordinances, and decrees are issued.

Article 39. Submitting for signature and issuance of circulars and joint circulars

1. The dossier submitted for the Minister's signature to issue circulars and joint circulars includes:

a) A submission to the Minister regarding the draft circulars and joint circulars;

b) The draft circulars and joint circulars revised after receiving comments from the Legal Department;

c) The Legal Department's review report; report explaining and adopting comments from the review;

d) A summary, explanation, and adoption of comments from agencies, organizations, individuals, and directly affected entities of the draft;

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

e) The draft decision on announcing administrative procedures prescribed in the draft (if applicable);

g) A summary, explanation of comments from Ministry leaders (if applicable);

h) Other documents (if any).

2. The dossier submitted for the Minister's signature to issue circulars establishing technical standards in the industry and commerce sector includes:

a) A submission to the Minister regarding the draft circular;

b) The draft circular revised after receiving comments from the Legal Department and the Ministry of Science and Technology;

c) The Legal Department's review report; report explaining and adopting comments from the review;

d) The opinion of the Ministry of Science and Technology;

đ) A summary, explanation, and adoption of comments from agencies, organizations, individuals, and directly affected entities of the draft;

e) Policy impact assessment report (if applicable); administrative procedure evaluation report in cases where the law or the National Assembly's resolution assigns the establishment of administrative procedures;

g) The draft decision on announcing administrative procedures prescribed in the draft (if applicable);

h) A summary, explanation of comments from Ministry leaders (if applicable);

i) Other documents (if any).

3. In cases where the Minister of Industry and Trade submits for signature and issuance of a circular through a simplified procedure, the dossier for submission includes:

a) A submission to the Minister regarding the draft Circular;

b) The draft circular revised according to comments from the Legal Department;

c) The Legal Department's review report; report explaining and adopting comments from the review;

d) A summary, explanation of comments from Ministry leaders (if applicable);

4. Draft circulars and joint circulars submitted for the Minister's signature must include all documents prescribed in Clause 1 of this Article; abbreviated signatures of the leader of the drafting unit and 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 or Deputy Director of the Ministry's Office authorized to sign at the final position in the "Recipient" section.

Article 40. Issuing, publishing in the Official Gazette, posting, and disseminating information on circulars and joint circulars

1. Issuing circulars and joint circulars:

a) After the document is signed and issued by the Ministry's leadership, the drafting unit shall be responsible for sending two copies of the signed document 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 circulars and joint circulars;

b) The Ministry's Office shall be responsible for numbering the circulars, affixing stamps, storing, duplicating, sending the circulars and joint circulars to agencies, organizations, and individuals as specified in the "Recipient" section of the circulars and joint circulars, and returning the dossier for signing to the drafting unit;

c) The Ministry's Office shall monitor the effective date of the circular during the issuance process to ensure compliance with the provisions of Article 151 of the Law;

2. Publishing in the Official Gazette and disseminating:

a) Within three days from the date of issuance, the Ministry's Office shall be responsible for sending the circulars and joint circulars (paper copy and electronic version) to the Government Office for publication in the Official Gazette and posting on the Government Portal, while also posting on the Ministry of Industry and Trade Portal, except for documents containing state secrets as prescribed by the law on state secrets;

b) Within three days from the date of issuance, the Ministry's Office shall be responsible for sending the circulars and joint circulars to the Legal Normative Documents Inspection Department (Ministry of Justice) and the Legal Department for inspection as prescribed;

c) No later than fifteen days from the date of issuance, the drafting unit shall be responsible for coordinating with the Ministry's Office to send the full text of the circulars and joint circulars (electronic version in ".doc" format and stamped PDF version) to the Legal Department for posting on the National Database of Laws.

Article 41. Codification of regulatory legal documents

1. The heads of units under the Ministry shall be responsible for organizing the codification of legal norms in regulatory legal documents drafted by themselves; legal norms in regulatory legal documents submitted by agencies, organizations, and National Assembly deputies to adjust issues within the scope of state management assigned to the Ministry.

2. The codification must ensure principles, accuracy, and completeness of content according to the headings; follow procedures, formalities, and comply with codification techniques prescribed in the Codification Law System of Legal Norms 2012 and Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Codification Law System of Legal Norms.

3. The heads of units under the Ministry shall be responsible for ensuring deadlines, accuracy of content, and codification techniques as stipulated in the Codification Law System of Legal Norms 2012. In case of errors occurring, they must bear responsibility and simultaneously proactively coordinate with the Ministry of Justice and relevant agencies to handle the situation in accordance with Article 14 of the Codification Law System of Legal Norms 2012.

Article 42. Translation of Regulatory Legal Documents

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

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

3. The translation of regulatory legal documents into English or another foreign language must ensure the spirit of the original document, guarantee the accuracy of the translated content, and only have reference value.

Article 43. 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 main drafting unit shall be responsible for proactively coordinating with the Legal Department to disseminate newly issued regulatory legal documents.

 

Chapter VII

IMPLEMENTATION

 

Article 44. Responsibilities of Units under the Ministry

1. Responsibilities of the main drafting unit:

a) Ensuring the construction of regulatory legal documents in accordance with the procedures prescribed in the Law, Decree No. 34/2016/NĐ-CP, and this Circular;

b) Implementing the publication of administrative procedures in regulatory legal documents drafted by the unit and coordinating with the Ministry Office in other administrative procedure control activities as prescribed in Circular No. 18/2018/TT-BCT;

c) Reporting on the progress of implementing the Ministry of Industry and Trade's regulatory legal document construction program as prescribed in Article 21 of this Circular and being responsible before the Minister for the progress report of their unit's document;

d) Bearing responsibility throughout the process of constructing regulatory legal documents until issuance, ensuring compliance with the provisions of the Law, and after the Circular is issued;

đ) When necessary, soliciting expert opinions on complex or specialized technical content documents during the proposal and drafting stages of regulatory legal documents and being responsible for explaining the opinions of consulted experts.

2. Responsibilities of the Legal Department:

a) Being responsible before the Minister for ensuring deadlines and quality of results in reviewing proposals for construction and assessing regulatory legal documents sent by units;

b) Guiding units in reporting progress; urging and compiling reports on the progress of implementing the Ministry's regulatory legal document construction program;

c) Reporting to the Minister on issues arising during the implementation of the regulatory legal document construction program;

d) Drafting six-monthly, annual, or ad hoc reports on regulatory legal document construction work as directed by the Ministry Leadership or requested by competent authorities;

e) Guiding, urging, and inspecting the codification and consolidation of units;

g) Other tasks as prescribed in this Circular.

3. Responsibilities of the Ministry Office:

a) Reviewing decisions on publishing administrative procedures in regulatory legal documents as prescribed in Circular No. 18/2018/TT-BCT;

b) Controlling the implementation of administrative procedures: Publicizing administrative procedures in regulatory legal documents; receiving, assigning, and supervising the handling of complaints and suggestions about administrative procedures in the industry and trade sector as prescribed in regulatory legal documents; leading the assignment of specialized units to conduct reviews and evaluations of administrative procedures in the industry and trade sector as prescribed in Circular No. 18/2018/TT-BCT;

c) Controlling the effective date of circulars during the issuance of documents to ensure compliance with the provisions of Article 151 of the Law;

d) Other tasks as prescribed in this Circular.

Article 45. Ensuring Human Resources and Material Conditions for Legislative Work

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

Article 46. Budget for Building and Issuing Legislative Documents

1. The Department of Finance and Enterprise Reform shall be responsible for allocating funds from the state budget for the annual legislative work and issuance of legislative documents of the Ministry according to current regulations.

2. Based on the state budget funds, the Legal Department shall submit to the Ministry's leadership for consideration and decision on allocating financial support for building and issuing legislative documents to units.

3. The Department of Science and Technology shall be responsible for coordinating with the Department of Finance and Enterprise Reform to allocate funds for research topics providing scientific and practical bases serving the construction of legislative documents with wide scope, complex objects, and significant impacts proposed by the units in charge of drafting the documents, in accordance with the annual science and technology plan guidance issued by the Ministry.

4. Units receiving financial support for building legislative documents shall be responsible for using the allocated funds in compliance with financial regulations, ensuring all legal and valid receipts according to current regulations. The Ministry’s Office shall be responsible for guiding units in the use and settlement of funds for each legislative document.

Article 47. Encouragement and Awards

1. Fulfilling the drafting schedule of legislative documents as stipulated in the Decision on the Program for Building Legislative Documents of the Ministry of Industry and Trade and competent authorities without contravening current laws is one of the criteria for evaluating and considering annual encouragement and awards for individuals and units under the Ministry.

2. The unit assigned to lead the encouragement and award work shall be responsible for soliciting opinions from the Legal Department regarding the drafting progress of units under the Ministry when conducting annual evaluations and considerations for encouragement and awards for individuals and units under the Ministry.

3. Based on the results of legislative document construction by outstanding units, the Legal Department shall take the lead and coordinate with the unit assigned to lead the encouragement and award work and related units to propose to the Ministry's leadership for special awards.

Article 48. Liability Handling

1. Units assigned to primarily draft legislative documents that fail to ensure the schedule and quality of legislative document construction shall bear responsibility before the Minister according to the Circular of the Minister of Industry and Trade on encouragement and awards and relevant laws.

2. Leaders assigned the task of directing legislative document construction in their respective fields who cause delays shall be criticized within the Ministry's leadership team.

 

Chapter VIII

IMPLEMENTING PROVISIONS

 

Article 49. Cross-References

In cases where the referenced documents, names, functions, tasks, and organizational structures of units mentioned in this Circular are replaced or amended, they shall be implemented according to the replacing or amended documents.

Article 50. Effective Date

1. This Circular takes effect from November 19, 2021, replacing Circular No. 19/2018/TT-BCT dated July 19, 2018, of the Minister of Industry and Trade on the construction and issuance of legislative documents of the Ministry of Industry and Trade.

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 (through the Legal Department) for guidance and resolution./.

 

 

 

ANNEX 1

MODEL DECISION ON THE PROMULGATION OF THE ANNUAL PROGRAM FOR BUILDING LEGISLATIVE DOCUMENTS OF THE MINISTRY OF INDUSTRY AND TRADE

 

(Annexed to Circular No. .../2021/TT-BCT dated __ month __ year 2021 of the Minister of Industry and Trade)

 

 

 

Pursuant to …;

Issuing the annual program for building legislative documents of the Ministry of Industry and Trade

^____________

THE MINISTER OF INDUSTRY AND TRADE

 

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the annual work program of the Government;

Pursuant to...

At the proposal of the Director of the Legal Department;

 

DECISION:

 

Article 1. This Decision annexes the annual program for building legislative documents of the Ministry of Industry and Trade.

Article 2. Heads of units assigned the main task of drafting legislative documents in this program shall be responsible for coordinating with related agencies and units to prepare draft documents for submission to competent authorities in accordance with the prescribed time.

Article 3. This Decision takes effect from the date of signature.

The Director of the Ministry's Office, the Inspector General, Department Directors, Bureau Chiefs, and Heads of related agencies and units shall be responsible for implementing this Decision./.

 

 

 

 

 

 

PROGRAM

Annual Legislative Document Construction Program of the Ministry of Industry and Trade

(Annexed to Decision No. .../QĐ-BCT dated ... month ... year ... of the Minister of Industry and Trade)

 

I. Draft Decree

III. Draft Circular/Circular Jointly Issued

 

Appendix 2

MODEL REVIEW REPORT¹

(Annexed to Circular No. ____ /2021/TT-BCT dated ____ month ____ year 2021 of the Minister of Industry and Trade)

 

 

 

REVIEW REPORT

Draft ... (1)

 

Respectfully submitted to: ... (2)

 

Implementing Circular No. ____ /2021/TT-BCT dated ____ month ____ year 2021 of the Minister of Industry and Trade on the construction and issuance of legislative documents of the Ministry of Industry and Trade, the Legal Department organized a review meeting for the proposal to draft ... (1) with participants including: ...

After listening to the presenter's report on the main contents of the draft and the comments of the meeting participants, the head of the meeting reached the following conclusions:

1. The necessity of promulgating the decree; the purpose and perspective of the decree's construction; the object, scope of regulation, and main content of the decree.

2. The consistency of the main policy content with the Party's guidelines and State policies.

3. Constitutionality, legality, and consistency of the policy with the legal system.

4. Compatibility of the content of the proposed draft decree with international treaties to which the Socialist Republic of Vietnam is a party;

5. Expected time for submission to the Prime Minister.

The above is the review opinion of the Legal Department / on the draft ... (1), requesting the unit to study, revise the draft and submit the Legal Department's report on adoption and explanation of the review opinions before submitting to the Ministry's leadership [for forwarding to the Ministry of Justice for examination/approval].

 

 

 

Note:

(1): Name of the draft document;

(2): Unit responsible for drafting the document;

(3): Office of the Ministry in case the draft contains administrative procedures

 

------------------

1 This model applies to the examination of the proposal for construction under Article 19, Clause 2 of the Law in 2015

 

 

Tel:

MODEL REVIEW REPORT²

(Issued together with Circular No.    /2021/TT-BCT dated   month   year 2021 of the Minister of Industry and Trade)

 

 

 

REVIEW REPORT

Draft ... (1)

 

Respectfully submitted to: ... (2)

 

Pursuant to Circular No. /2021/TT-BCT dated month year 2021 of the Minister of Industry and Trade on the construction and issuance of legal normative documents of the Ministry of Industry and Trade, the Legal Department organized a meeting to examine the proposal for constructing the draft ... (1) ... with participants including: ...

After listening to the presenter's report on the main contents of the draft and the comments of the meeting participants, the head of the meeting reached the following conclusions:

1. On the necessity of issuing the document.

2. On the legal basis for building the document

3. On the scope of regulation and the intended subjects of application of the document

4. On the issues that need to be resolved in the document

5. On the basic policies and main contents of the document

6. On information about administrative procedures in the draft (if any)

7. On the time for submission to the Government.

The above is the review opinion of the Legal Department / on the draft ... (1), requesting the unit to study, revise the draft and submit the Legal Department's report on adoption and explanation of the review opinions before submitting to the Ministry's leadership [for forwarding to the Ministry of Justice for examination/approval].

 

 

 

Note:

(1): Name of the draft document;

(2): Unit responsible for drafting the document;

(3): Office of the Ministry in case the draft contains administrative procedures

 

------------------

² This model applies to the examination of the proposal for construction under Article 19, Clause 3 of the Law in 2015

 

Appendix 4

MODEL REPORT ON EXAMINATION

(Issued together with Circular No.   /2021/TT-BCT dated   month   year 2021 of the Minister of Industry and Trade)

 

 

 

REPORT ON EXAMINATION

Draft ... (1)

 

Respectfully submitted to: ... (2)

 

Pursuant to Circular No. /2021/TT-BCT dated month year 2021 of the Minister of Industry and Trade on the construction and issuance of legal normative documents of the Ministry of Industry and Trade, the Legal Department/Consultation Advisory Examination Council organized a meeting to examine the draft ... (1) ... with participants including:

After listening to the presenter's report on the main contents of the draft and the comments of the meeting participants, the head of the meeting reached the following conclusions:

I. Some general issues

1. The consistency of the content of draft laws and ordinances with the purpose, requirements, scope of regulation, and policies approved in the proposal to build laws and ordinances.

The conformity of the content of the draft decree with the detailed regulations provided for in the decree specified in Clause 1, Article 19 of the Law in 2015; the conformity of the content of the draft decree with the policies already approved in the proposal for the decree specified in Clauses 2 and 3, Article 19 of the Law in 2015.

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

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

4. The 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. Compliance with principles and requirements for administrative procedures if the draft document contains such procedures; the necessity and legality of amending and supplementing industries and trades subject to conditions or investment conditions, if the draft document amends and supplements such industries and trades; the integration 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, technique, and sequence and procedure for drafting the document

II. On some specific contents

1.............

2.............

3.............

The above is the examination opinion of the Legal Department/Consultation Advisory Examination Council on the draft ... (1), requesting the unit to study, revise the draft and submit the Legal Department's report on adoption and explanation of the examination opinions before submitting to the Ministry's leadership [for forwarding to the Ministry of Justice for examination/approval].

 

 

 

Note:

(1): Name of the draft document;

(2): Name of the unit requesting examination.

(3): Office of the Ministry in case the draft contains administrative procedures

 

 

… (Name of economic organization) requests to change the Certificate of Registration for Currency Exchange Agent with the following content:

MODEL FEEDBACK FORM FOR MINISTRY LEADERSHIP

(Issued together with Circular No.   /2021/TT-BCT dated   month   year 2021 of the Minister of Industry and Trade)

 

 

 

FEEDBACK FORM FOR MINISTRY LEADERSHIP

On the project/draft ...

(Attached documents: ...)

 

Pursuant to Article 73, Article 74 of the Customs Law No. 54/2014/QH13 amended and supplemented by Law No. 90/2025/QH15;

 

Main drafting unit: ...

Date the Legal Department submitted for feedback: ...

I. SOME SPECIFIC CONTENTS REQUIRING FEEDBACK ON THE DRAFT

(If agreeing with any option, mark an "X" next to it)

1. Issue 1:

Option 1: ...                                                                □

Option 2: ...                                                                □

Option...: ...                                                                □

2. Issue...:

Option 1: ...                                                                □

Option 2: ...                                                                □

Option...: ...                                                               □

II. OTHER OPINIONS ON THE DRAFT (if any): ...

III. VOTE ON THE ENTIRE CONTENT OF THE DRAFT

(Mark an "X" in one of the two boxes on the side)

1. Approve (after the above opinions have been adopted)       □

2. Not approve (specify reasons)                                   □

 

Hanoi, day... month ... year ...

(Signature of the Ministry Leader)

 

 

 

(Please provide your comments within five days from the date the Legal Department submitted for feedback)