Consolidated Document number 10/VBHN-BCT Circular stipulates on the construction, issuance, and implementation of legal normative documents of the Ministry of Industry and Trade.

 

CIRCULAR

Providing for the construction, issuance, and organization of implementation of normative legal documents of the Ministry of Industry and Trade

 

Circular No. 47/2025/TT-BCT dated August 26, 2025, issued by the Minister of Industry and Trade providing for the construction, issuance, and organization of implementation of normative legal documents of the Ministry of Industry and Trade, which took effect from August 26, 2025, has been amended and supplemented by:

Circular No. 05/2026/TT-BCT dated January 30, 2026, issued by the Minister of Industry and Trade guiding the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on some special mechanisms and policies to create breakthroughs in the construction and organization of implementation of laws within the jurisdiction of the Ministry of Industry and Trade, which took effect from January 30, 2026.

On the basis of the Law on Issuance of Normative Legal Documents No. 64/2025/QH15, amended and supplemented by Law No. 87/2025/QH15 (hereinafter referred to as the Law);

On the basis of the Law on Popularizing and Promoting Legal Education No. 14/2012/QH13;

On the basis of the Ordinance on Consolidation of Normative Legal Documents No. 01/2012/UBTVQH13;

On the basis of the Ordinance on Codification of Legal Systems No. 03/2012/UBTVQH13;

On the basis of Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP;

On the basis of Decree No. 78/2025/NĐ-CP dated April 1, 2025, of the Government detailing certain provisions and measures to organize and guide the implementation of the Law on Issuance of Normative Legal Documents;

On the basis of Decree No. 79/2025/NĐ-CP dated April 1, 2025, of the Government on inspection, review, systematization, and handling of normative legal documents;

On the basis of Decree No. 187/2025/NĐ-CP dated July 1, 2025, of the Government amending and supplementing certain articles of Decree No. 78/2025/NĐ-CP dated April 1, 2025, of the Government detailing certain provisions and measures to organize and guide the implementation of the Law on Issuance of Normative Legal Documents and Decree No. 79/2025/NĐ-CP dated April 1, 2025, of the Government on inspection, review, systematization, and handling of normative legal documents;

On the basis of Decree No. 80/2025/NĐ-CP dated April 1, 2025, of the Government on organizing the implementation of normative legal documents;

On the basis of Decree No. 52/2015/NĐ-CP dated May 28, 2015, of the Government on the national legal database;

At the proposal of the Director of the Department of Legal Affairs;

The Minister of Industry and Trade issues this Circular providing for the construction, issuance, and organization of implementation of normative legal documents of the Ministry of Industry and Trade. [1]

Chapter I. GENERAL PROVISIONS

 

Article 1. Scope of Regulation

1. This Circular provides for the work of constructing, issuing, and organizing the implementation of normative legal documents of the Ministry of Industry and Trade, including: procedures for proposing, constructing, and issuing normative legal documents; organizing the implementation of normative legal documents issued by the Minister of Industry and Trade, jointly issued, or submitted to competent authorities.

2. The construction and issuance of circulars establishing national technical standards in the field of industry and trade must comply with the provisions of the law on standards and technical regulations and the provisions of this Circular.

3. The construction and issuance of joint normative legal documents shall be carried out in accordance with Clause 2 of Article 49 of the Law and implement the contents prescribed in Clause 4 of Article 3 of this Circular.

Article 2. Applicability

This Circular applies to Departments, Bureaus, Institutes, the Office of the Ministry, the National Competition Commission, the Vietnam Industry and Trade Newspaper, the Vietnam Industry and Trade Magazine (collectively referred to as units under the Ministry); organizations and individuals related to the work of constructing, issuing, and organizing the implementation of normative legal documents within the scope of management of the Ministry of Industry and Trade.

Article 3. Leadership and Direction in Constructing, Issuing, and Organizing the Implementation of Normative Legal Documents

1. The work of constructing, issuing, and organizing the implementation of normative legal documents of the Ministry of Industry and Trade is centrally, uniformly, strictly, and comprehensively led and directed by the Minister of Industry and Trade and the Standing Committee of the Party Central Committee of the Ministry of Industry and Trade.

2. Leaders of the Ministry assigned to oversee specific areas shall direct the work of constructing normative legal documents; direct and urge the main drafting unit regarding progress, content, complex issues, and issues with differing opinions on draft normative legal documents, and bear responsibility before the Minister for ensuring the progress and quality of drafting normative legal documents.

3. Heads of units under the Ministry shall be responsible for directing civil servants in their units to strictly implement the regulations on constructing and organizing the implementation of normative legal documents; ensure close coordination with the unit's Party committee in the work of constructing normative legal documents.

4. Units primarily responsible for advising, proposing, and drafting normative legal documents shall be responsible for reporting and seeking opinions from authorized Party committees in accordance with the law and at the following times:

a) Proposing legislative tasks for the National Assembly term; proposing or adjusting the annual legislative program, except when implementing directives in documents from authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government, Prime Minister;

b) Proposing policy content; submitting policies to the Government for approval concerning laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly;

c) Draft project law, ordinance, resolution submitted to the Government for consideration and decision to submit to the National Assembly, Standing Committee of the National Assembly;

d) Registering to construct decrees, resolutions of the Government, decisions of the Prime Minister, except when implementing directives in documents from authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government, Prime Minister; Drafts for submission to the Government for decrees, resolutions, and decisions of the Prime Minister;

đ) Approving the proposal to issue circulars, except when implementing directives in documents from authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government, Prime Minister; Drafts for submission to the Minister for signing and issuance;

e) Approving proposals for other activities related to the process of constructing and organizing the implementation of normative legal documents.

5. The Party committee of units primarily responsible for advising, proposing, and drafting normative legal documents shall be fully responsible to higher-level Party committees for the progress and quality of drafting normative legal documents in the assigned fields.

6. Reporting and seeking opinions from authorized Party agencies at the Ministry of Industry and Trade shall be implemented in accordance with regulations, rules, and guidelines of authorized Party committees.

Article 4. Construction and issuance of regulatory legal documents according to simplified procedures in special cases

1. The construction and issuance of regulatory legal documents shall be carried out according to simplified procedures as prescribed in Articles 50 and 51 of the Law. In this regard:

a) The dossier for examination, verification, submission of draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly as stipulated in Clause 5 and Clause 6 of Article 51 of the Law;

b) The dossier for examination and submission of draft decrees and resolutions of the Government according to simplified procedures as prescribed at point a, Clause 17 of Article 1 of Decree No. 187/2025/NĐ-CP;

c) The dossier for examination and submission of draft decisions of the Prime Minister as prescribed at point e, Clause 19 of Article 1 and point b, Clause 20 of Article 1 of Decree No. 187/2025/NĐ-CP;

d) The dossier for examination and submission of draft circulars of Ministers as prescribed in Clause 3 of Article 17 and Article 20 of this Circular.

2. In cases where there is a basis for applying simplified procedures to circulars of Ministers, the main drafting unit reports to the Minister for consideration and decision on the construction and issuance of circulars according to simplified procedures.

3. The Minister decides himself/herself or upon the proposal of the main drafting unit on the application of simplified procedures in the construction and issuance of circulars.

4. The construction and issuance of regulatory legal documents in special cases shall be implemented according to Article 52 of the Law; Clause 2, 3, and 4 of Article 35 of Decree No. 78/2025/NĐ-CP; and point b, Clause 17 of Article 1 of Decree No. 187/2025/NĐ-CP.

Chapter II. CONSTRUCTION OF LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES, AND RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

 

Article 5. Proposing Legislative Orientation Plan for the Term of the National Assembly

1. Units under the Ministry proactively within their functional and operational scope or upon the request of the Legal Affairs Department review and study, and submit proposals on legislative tasks for the term of the National Assembly to the Legal Affairs Department for consolidation.

2. Proposals on legislative tasks must clearly state: the name of the law, resolution of the National Assembly, ordinance, or resolution of the Standing Committee of the National Assembly or the issue that needs to be studied and reviewed; the basis, content that needs to be studied, reviewed, and institutionalized; the responsible agency; the estimated time to complete the study and review and the time needed to amend, supplement, or promulgate new laws, ordinances, or resolutions of the National Assembly and the Standing Committee of the National Assembly (if applicable).

3. The Legal Affairs Department is responsible for consolidating the proposals from units under the Ministry and reporting to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister for sending to the Ministry of Justice for consolidation and reporting to the Government.

4. In case of newly emerging legislative tasks, the proposing unit reports to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister for sending to the Ministry of Justice for consolidation, while also sending to the Legal Affairs Department for monitoring.

5. Before January 1st of the last year of the National Assembly's term, the Legal Affairs Department is responsible for leading the preparation of the Proposal and Plan for Summarizing the Legislative Orientation Plan for the Term and Developing the Orientation for the Next Term to be issued by the Minister. Based on the approved Proposal and Plan, the Legal Affairs Department leads and coordinates with relevant units in the Ministry to implement them. The results of implementation serve as the basis for implementing the provisions of Clause 3 of this Article.

Article 6. Proposing the Annual Legislative Program of the National Assembly

1. Units under the Ministry submit proposals for the construction of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly to the Legal Affairs Department for consolidation. The proposals clearly state the necessity, purpose of issuance, scope of regulation, and applicable subjects; specific issues to address contradictions, overlaps, and inadequacies caused by laws; new issues, trends, and other necessary contents (if any); the expected date of submission and approval for each law, ordinance, and resolution; progress of completed work (if any).

2. The Legal Affairs Department consolidates the proposals from units, reports to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister regarding the content of the proposals for constructing laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly to be sent to the Ministry of Justice by June 1st of each year for consolidation.

3. In cases requiring adjustments to the Annual Legislative Program of the National Assembly, the proposing unit prepares a report according to Clause 2 of Article 24 of the Law, and reports to the Deputy Minister in charge for a letter seeking the opinion of the Ministry of Justice on the content of the report proposing adjustments.

Based on the opinion of the Ministry of Justice, the proposing unit is responsible for incorporating and perfecting the report proposing adjustments, and reports to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister for deciding on the submission of the report proposing adjustments to the Government.

In cases where the Government approves the adjustment content of the Annual Legislative Program, the proposing unit reports to the Minister about signing on behalf of the Prime Minister to submit the report requesting adjustments to the Annual Legislative Program to the Standing Committee of the National Assembly.

Article 7. Building policies, submitting to the Government for approval of the policy

The implementation process of building policies in drafting regulatory legal documents as stipulated in Clause 1, Article 27 of the Law shall be carried out as follows:

1. The Minister assigns a unit under the Ministry with appropriate functions, tasks, and authorities to take the lead in proposing the establishment of policies for each regulatory legal document specified in Articles 5 and 6 of this Circular.

2. In cases where the regulatory legal document contains policy content within the functions, tasks, and authorities of two or more units under the Ministry or related to the functions, tasks, and authorities of other Ministries, sectors, organizations, or individuals involved, the unit proposing the policy plan shall propose a draft plan for establishing the policy; report to the Minister for consideration of the necessity to establish a Steering Committee or Working Group to implement the policy establishment. In cases where the Minister decides to establish a Steering Committee or Working Group to implement the policy establishment, the unit proposing the policy plan shall propose specific assignments for members of the Steering Committee or Working Group in accordance with their respective functions, tasks, and authorities at the decision on establishment.

3. Units under the Ministry as stipulated in Clause 1 of this Article; agencies, organizations, and individuals who are members of the Steering Committee or Working Group as stipulated in Clause 2 of this Article shall be responsible for the content of the proposal, the results of the proposal, and the policy impact assessment conducted by themselves or assigned. Opinions from individuals are considered official opinions of the agency or organization where they work.

4. The leading unit proposing the policy plan shall independently carry out the determination of the policy according to the provisions of Article 28 of the Law as stipulated in Clause 1 of this Article or through the Steering Committee or Working Group as stipulated in Clause 2 of this Article. The leading unit proposing the policy plan shall report the results of the comprehensive determination of the policy to the competent authority as stipulated in Clause 4 of Article 3 of this Circular for review and approval of the policy direction.

5. Based on the approval of the policy direction as stipulated in Clause 4 of this Article, the implementation of policy evaluation in drafting regulatory legal documents includes the following activities:

a) Organizing the impact assessment of the policy according to the provisions of Article 29 of the Law and Decree No. 78/2025/NĐ-CP;

b) Preparing the policy dossier according to the provisions of Clause 2, Article 30 of the Law;

c) Organizing the solicitation of opinions on the policy dossier according to the provisions of point a, Clause 1, Article 30 of the Law and Clause 6, Article 1, Decree No. 187/2025/NĐ-CP;

d) Organizing a policy consultation conference according to the provisions of point b, Clause 1, Article 30 of the Law and Clause 1, Article 15, Decree No. 78/2025/NĐ-CP;

đ) Compiling a summary of opinions; seriously and fully incorporating and explaining all comments from organizations and individuals, and comments from organizations and individuals at the policy consultation conference. Sending the summary of opinions, incorporation, and explanation of comments to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade's electronic information portal and on the unit’s own website (if available) no later than 25 days from the end of the opinion solicitation period, with a minimum publication duration of 30 days;

e) The leading unit proposing the policy plan shall take the lead and coordinate with the Vietnam Industry and Trade Newspaper, Vietnam Industry and Trade Magazine, and other relevant agencies and organizations to organize policy communication from the time of soliciting opinions until the Government approves the policy. The content and form of communication shall be implemented according to the provisions of Article 3, Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit proposing the policy plan to achieve effectiveness and social consensus.

6. The leading unit proposing the policy plan shall submit the policy proposal dossier as stipulated in Clause 2, Article 31 of the Law and point a, Clause 7, Article 1, Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review upon approval by the Ministry leader responsible.

7. In cases where the review opinion is that the policy dossier meets the conditions for submission to the Government or only meets the conditions for submission to the Government after incorporating and perfecting, the leading unit proposing the policy plan shall organize the study, incorporation, and perfection of the policy dossier and report to the competent authority as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for consideration and decision on submission to the Government.

8. In cases where the review opinion is that the policy dossier does not meet the conditions for submission to the Government, the leading unit proposing the policy plan shall organize the revision and perfection of the policy dossier and report to the Ministry leader responsible for sending a document to the Ministry of Justice for re-review. In cases where the perfection of the policy dossier significantly changes, omits, or adds new policies compared to the dossier submitted for review, the leading unit proposing the policy plan shall report to the competent authority as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for consideration and decision on submission to the Government.

9. During the Government's examination and decision-making on approving the policy, the leading unit proposing the policy plan shall be responsible for coordinating with units of the Government Office, the Ministry of Justice, and other ministries and equivalent agencies involved to incorporate and revise the policy dossier according to the directives of the competent authority and promptly report to the Ministry leader responsible. In cases where the incorporation and revision of the policy dossier significantly change the content of the policy already submitted, omitting or adding new policies, the unit proposing the policy plan shall be responsible for supplementarily evaluating the changed, omitted, or newly added content, reporting to the competent authority as stipulated in Clause 4, Article 3 of this Circular for the Minister's consideration and decision before resubmitting to the Government.

The policy dossier submitted to the Government shall comply with the provisions of Clause 2, Article 17, Decree No. 78/2025/NĐ-CP.

10. When the Government makes a decision to approve the policy dossier, the leading unit proposing the policy plan shall be responsible for revising the policy dossier according to the Government's decision, report to the Minister for consideration and approval as the basis for assigning units under the Ministry to implement the drafting process of regulatory legal documents to codify the policy.

Article 8. Drafting, submitting for review and presenting to the Government for consideration and decision on the submission of draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly.

The implementation of the procedure for drafting normative legal documents as stipulated in Section 3 Chapter III of the Law shall be carried out as follows:

1. The Minister assigns the unit responsible for proposing policies as specified in Article 7 of this Circular to be the main drafting unit. Depending on practical circumstances, the Minister may assign another unit within the Ministry to be the main drafting unit.

2. In cases where a drafting team is established according to the provisions of point a, Clause 1, Article 18 of Decree No. 78/2025/NĐ-CP, the main drafting unit proposes specific assignments for members of the drafting team in accordance with their functions, tasks, and authorities as stipulated in the establishment decision.

3. Units within the Ministry as specified in Clause 1 of this Article; agencies, organizations, and individuals who are members of the drafting team as specified in Clause 2 of this Article are responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered formal opinions of their working agencies or organizations.

4. The main drafting unit reports to the Ministry's leadership for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

5. Based on the approved detailed drafting plan, the main drafting unit is responsible for implementing the following contents:

a) Organizing the drafting process;

b) Preparing the project dossier for laws, ordinances, and resolutions in accordance with Clause 4, Article 33 of the Law. Among them, the draft report must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

c) Organizing the solicitation of opinions on the dossier at point b of this clause in accordance with point a, Clause 3, Article 33 of the Law and point a, Clause 8, Article 1 of Decree No. 187/2025/NĐ-CP. For documents that have been approved according to the policy stipulated in Article 7 of this Circular, it is not mandatory to solicit opinions;

d) Soliciting social feedback from the Vietnam Fatherland Front in accordance with point b, Clause 3, Article 33 of the Law;

đ) Sending the Vietnam Economic News Agency to publish the project dossier for laws, ordinances, and resolutions on the Ministry of Industry and Trade’s electronic portal, implementing publication on its own unit’s website (if available), sending the Department of Legal Affairs to publish on the National Legal Portal for at least 20 days to allow relevant agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a summary of opinions; seriously and fully adopting and explaining all comments and social feedback. Sending the Vietnam Economic News Agency to publish the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade’s electronic portal and on its own unit’s website (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed can be carried out simultaneously;

g) Leading and coordinating with the Vietnam Economic News Agency, Vietnam Industry and Trade Magazine, and related agencies and organizations to organize communication of the draft laws, ordinances, and resolutions from the time of soliciting opinions until the National Assembly or the Standing Committee of the National Assembly approves the project. The content and form of communication are implemented according to the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the main drafting unit to achieve effectiveness and societal consensus.

6. In cases where new policies arise during the drafting process, the main drafting unit shall implement according to the provisions of Article 7 of this Circular.

7. The main drafting unit submits the project dossier for laws, ordinances, and resolutions to the responsible Ministry leadership for submission to the Ministry of Justice for review in accordance with Clause 2, Article 34 of the Law and point a, Clause 9, Article 1 of Decree No. 187/2025/NĐ-CP.

8. If the review opinion is that the project dossier for laws, ordinances, and resolutions meets the conditions for submission to the Government or only meets the conditions for submission to the Government after adoption and improvement, the main drafting unit is responsible for studying, adopting, revising, and improving the project dossier, reporting to the authorized authority as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for presentation to the Government.

If the review opinion is that the project dossier for laws, ordinances, and resolutions does not meet the conditions for submission to the Government, the main drafting unit is responsible for revising and improving the project dossier, reporting to the responsible Ministry leadership for resubmission to the Ministry of Justice for re-review. During the process of improving the project dossier for laws, ordinances, and resolutions, if significant changes, omissions, or new additions occur compared to the dossier submitted for review, the main drafting unit is responsible for evaluating these changes, omissions, and new additions, reporting to the authorized authority as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for examination and decision before resubmitting to the Government.

9. During the Government's examination and decision-making on the project dossier for laws, ordinances, and resolutions, the main drafting unit is responsible for coordinating with units of the Government Office, the Ministry of Justice, and related ministries and equivalent agencies to adopt and revise the project dossier according to the directives of the competent authority and promptly reporting to the responsible Ministry leadership. If the adoption and revision result in significant changes, omissions, or new additions compared to the dossier submitted, the main drafting unit is responsible for supplementarily evaluating these changes, omissions, and new additions, reporting to the authorized authority as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for examination and decision before resubmitting to the Government.

The project dossier submitted to the Government in accordance with Clause 2, Article 20 of Decree No. 78/2025/NĐ-CP.

10. When the Government makes a decision to approve the project dossier for laws, ordinances, and resolutions, the main drafting unit is responsible for coordinating with the permanent body in charge of reviewing, the Ministry of Justice, and related agencies and organizations to revise the dossier in accordance with Clause 10, Article 1 of Decree No. 187/2025/NĐ-CP.

Article 9. Submitting laws, ordinances, and resolutions to the National Assembly and the Standing Committee of the National Assembly for approval

1. Based on the provisions of Clause 10, Article 8 of this Circular, the leading unit responsible for drafting shall prepare the project dossier for laws, ordinances, and resolutions in accordance with Clause 3, Article 37 of the Law and submit it to the competent agency for review as assigned by the National Assembly, while also sending it to the Legal Department for publication on the National Legal Portal for submission to the National Assembly and the Standing Committee of the National Assembly.

2. When receiving a request to participate in a review session convened by the reviewing agency of the National Assembly, the leading unit responsible for drafting shall report to the Minister to designate a representative from the Ministry's leadership to attend the review session.

3. In cases where the Standing Committee of the National Assembly returns the project dossier for laws, ordinances, and resolutions due to insufficient conditions for submission as stipulated in Point b, Clause 6, Article 37 of the Law, the leading unit responsible for drafting shall report to the authorized authority as specified in Clause 4, Article 3 of this Circular before submitting to the Minister for consideration and decision regarding the explanation, adoption, and improvement of the project dossier for resubmission or postponement of the submission time to the National Assembly.

4. In cases where the project dossier for laws, ordinances, and resolutions has not been approved by the Standing Committee of the National Assembly or the project contains important and complex contents requiring additional time for further study and revision as provided in Clause 5, Article 38 and Point d, Clause 7, Article 40 of the Law, the leading unit responsible for drafting shall report to the authorized authority as specified in Clause 4, Article 3 of this Circular before submitting to the Minister for consideration and decision regarding the postponement of the submission time to the Government and Prime Minister or resubmission.

Chapter III. BUILDING LEGAL REGULATIONS OF THE GOVERNMENT, PRIME MINISTER, AND MINISTERS

 

Section 1. REGISTRATION FOR THE DEVELOPMENT OF DECREES, RESOLUTIONS OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER, AND CIRCULARS OF THE MINISTER OF INDUSTRY AND TRADE

Article 10. Establishing a list of detailed regulations and announcing detailed regulations to organize and guide the implementation of continuing valid legal regulations

1. For detailed regulations of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, the leading unit responsible for drafting shall perform the following tasks:

a) Establish a list of detailed regulations of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, clearly stating the name of the regulation being detailed; the content assigned for detailing; the leading drafting agency, coordinating agencies; the deadline for submission or issuance;

b) Send the list of detailed regulations established under Point a of this clause to the Legal Department within five days from the date the law, resolution of the National Assembly, ordinance, or resolution of the Standing Committee of the National Assembly was approved;

c) Ensure the quality, progress, and timely submission of detailed regulations according to the decision on establishing the list of detailed regulations issued by the Prime Minister;

2. For detailed regulations of decrees, resolutions of the Government, decisions of the Prime Minister, and circulars of the Minister of Industry and Trade, the leading unit responsible for drafting shall perform the following tasks:

a) Advise the Ministry's leadership responsible to issue a written notice to ministries, ministerial-level agencies, People's Councils, and provincial People's Committees about the contents of the decree, resolution of the Government, or decision of the Prime Minister assigning the Minister, head of a ministerial-level agency, People's Council, or provincial People's Committee to detail within five days from the date of issuance;

b) Advise the Ministry's leadership responsible to issue a written notice to People's Councils and provincial People's Committees about the contents of the circular assigning them to detail within five days from the date of issuance;

c) Monitor and urge the drafting and issuance of detailed regulations by ministries, ministerial-level agencies, People's Councils, and provincial People's Committees to implement the decree, resolution of the Government, or decision of the Prime Minister drafted by the Ministry of Industry and Trade; monitor and urge the drafting and issuance of detailed regulations by People's Councils and provincial People's Committees to implement the circular of the Minister of Industry and Trade; promptly address any issues arising during the drafting of detailed regulations.

3. The Legal Department shall perform the following tasks:

a) Compile proposals from units, establish a list of contents of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly assigned to ministries, ministerial-level agencies, and local authorities to detail, and send it to the Ministry of Justice for consolidation within ten days from the date of approval of the law, resolution of the National Assembly, ordinance, or resolution of the Standing Committee of the National Assembly;

b) Monitor and urge the drafting and issuance of detailed regulations by the Ministry of Industry and Trade to implement laws, resolutions of the National Assembly; ordinances, and resolutions of the Standing Committee of the National Assembly; decrees, resolutions of the Government; and decisions of the Prime Minister.

4. Announcing detailed regulations and specific measures to organize and guide the implementation of amended, supplemented, or replaced legal regulations that continue to be effective

The leading unit responsible for drafting the document implements the provisions of Point b, Clause 2, Article 1 of Decree No. 187/2025/NĐ-CP as follows:

a) Submit to the Minister for issuance of a decision to announce the entire or part of the circular of the Minister detailing and specifying measures to organize and guide the implementation of higher-level legal regulations that continue to be effective;

b) Report to the Minister for submission to the Government for issuance of a resolution to announce the entire or part of the decree or resolution of the Government detailing and specifying measures to organize and guide the implementation of higher-level legal regulations that have been amended, supplemented, or replaced and continue to be effective;

c) Report to the Minister for submission to the Prime Minister for issuance of a decision to announce the entire or part of the decision of the Prime Minister detailing and specifying measures to organize and guide the implementation of higher-level legal regulations that have been amended, supplemented, or replaced and continue to be effective.

Article 11. Registration for drafting decrees, resolutions of the Government, and decisions of the Prime Minister

The registration for drafting other regulatory legal documents of the Government and the Prime Minister shall be carried out in accordance with the provisions of Article 26 of Decree No. 78/2025/NĐ-CP, the Working Regulations of the Government, and Clause 4 of Article 3 of this Circular.

Section 2. DRAFTING AND SUBMITTING DECREES, RESOLUTIONS OF THE GOVERNMENT, AND DECISIONS OF THE PRIME MINISTER FOR APPROVAL

Article 12. Drafting, sending for review, and submitting draft decrees to the Government for approval

1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.

2. In cases where a drafting team is established in accordance with point b, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP, the leading drafting unit proposes specific tasks for the members of the drafting team in accordance with their functions, duties, and authorities as stipulated in the decision on establishment.

3. Units within the Ministry as specified in Clause 1 of this Article; agencies, organizations, and individuals who are members of the drafting team as specified in Clause 2 of this Article are responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered formal opinions of their working agencies or organizations.

4. The main drafting unit reports to the Ministry's leadership for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

5. Based on the detailed drafting plan that has been approved, the drafting unit is responsible for implementing the following contents:

a) Summarizing the implementation of laws, evaluating current regulatory legal documents, surveying and assessing the actual social relations related to the draft document or assessing the policy impact in the draft regulatory legal document as prescribed in point a, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process;

c) Preparing the draft document dossier in accordance with Clause 2, Article 27 of Decree No. 78/2025/NĐ-CP, which has been amended and supplemented by point b, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP. Among them, the draft report must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

d) Organizing public opinion and social debate on the dossier as provided in point c of this clause in accordance with point a, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP and point đ, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;

đ) Sending the dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days to allow agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a summary of opinions; seriously and fully adopting and explaining all comments and social feedback. Sending the Vietnam Economic News Agency to publish the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade’s electronic portal and on its own unit’s website (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed can be carried out simultaneously;

g) Taking the lead and coordinating with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other relevant agencies and organizations to communicate the draft from the time of soliciting opinions until the Government promulgates the decree. The content and form of communication are implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading drafting unit to achieve effectiveness and societal consensus.

7. Submitting the draft dossier in accordance with Clause 1, Article 28 of Decree No. 78/2025/NĐ-CP, which has been amended and supplemented by point a, Clause 13, Article 1 of Decree No. 187/2025/NĐ-CP, to the Ministry of Justice for review. If the dossier does not meet the requirements, the leading drafting unit is responsible for supplementing the dossier according to the Ministry of Justice’s recommendations.

8. In cases where the review opinion states that the draft document is ready to be submitted to the Government or only meets the conditions for submission after incorporating feedback and completion, the leading drafting unit is responsible for studying, incorporating feedback, and perfecting the draft decree before reporting to the authority specified in Clause 4, Article 3 of this Circular prior to reporting to the Minister for submission to the Government.

9. In cases where the review opinion states that the draft document is not yet ready to be submitted to the Government, the leading drafting unit is responsible for studying, incorporating feedback, and perfecting the draft. The unit then reports to the Deputy Minister in charge to send the draft document dossier back to the Ministry of Justice for re-review. During the process of completing the draft dossier, if significant changes, omissions, or new additions occur compared to the dossier sent for review, the leading drafting unit reports to the authority specified in Clause 4, Article 3 of this Circular before submitting the revised and completed draft document dossier to the Minister for consideration and approval, in coordination with relevant agencies as prescribed in Clause 2, Article 29 of Decree No. 78/2025/NĐ-CP, to report to the Prime Minister while sending it to the Ministry of Justice.

10. During the Government's review and approval of the draft dossier, the leading drafting unit is responsible for coordinating with units of the Government Office and relevant agencies to incorporate feedback and perfect the draft dossier according to the directives of the competent authority and promptly reporting to the Deputy Minister in charge.

11. For decrees prescribed in point c, Clause 1, Article 14 of the Law, during the Government's review and approval of the draft decree or seeking opinions from the Standing Committee of the National Assembly on the issuance of the decree, the leading drafting unit is responsible for coordinating with relevant agencies to incorporate the opinions of Government members and the Standing Committee of the National Assembly to perfect and complete the draft document.

12. In cases where the draft decree is approved, the leading drafting unit reports to the Deputy Minister in charge to submit the dossier to the Prime Minister for signing and promulgating the decree.

In cases where the draft decree is not approved, the leading drafting unit coordinates with relevant agencies to study, incorporate feedback, and perfect the draft document according to the Government's directives, reporting to the authority specified in Clause 4, Article 3 of this Circular before the Minister considers and submits the revised and completed decree dossier to the Government.

Article 13. Drafting and submitting to the Government for approval the draft resolution of the Government as prescribed in points a and b, Clause 2, Article 14 of the Law.

1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.

2. The leading unit responsible for drafting shall report to the Ministry's leadership in charge for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

3. Based on the approved detailed drafting plan, the leading unit responsible for drafting shall have the responsibility to:

a) Prepare the draft document file including: submission letter; draft resolution; comparison and explanation of the draft content; other documents (if any). Among which, the draft submission letter must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

b) Organize the collection of opinions on the draft resolution according to the provisions at point c, Clause 1, Article 32 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 14, Article 1 of Decree No. 187/2025/NĐ-CP;

c) Build a summary of opinions; seriously and fully adopt and explain all comments. Send the Vietnam Industry Newspaper to publish the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade’s electronic information portal and on its own website (if available) no later than 25 days from the end date of collecting opinions, with a minimum publication period of 30 days. During this publication period, other activities in the process of building and promulgating normative legal documents according to regulations shall be carried out simultaneously;

d) Take the lead and coordinate with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and related agencies and organizations to organize communication of the draft from the time of collecting opinions until the Government issues the resolution. The content and form of communication shall be implemented according to the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit responsible for drafting to achieve effectiveness and social consensus.

4. On the basis of the draft resolution file that has been revised, completed, and unified with relevant agencies, the leading unit responsible for drafting shall report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting the draft resolution file to the Minister for approval according to the provisions at point b, Clause 1, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP to submit to the Government.

5. During the Government's review and approval of the draft resolution, the leading unit responsible for drafting shall take the lead and coordinate with the Government Office and related agencies and units to adopt opinions of Government members, revise, and complete the draft.

In case the draft resolution has not been approved, the leading unit responsible for drafting shall coordinate with related agencies and units to study, adopt, revise, and complete the draft according to the Government's and Prime Minister's directives, report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting the Minister for consideration and submitting the revised and completed draft resolution file to the Government.

Article 14. Drafting, reviewing, and submitting to the Government for approval the draft resolution of the Government as prescribed in point c, Clause 2, Article 14 of the Law.

1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.

2. The leading unit responsible for drafting shall report to the Ministry's leadership in charge for examination of the necessity to establish a drafting team to implement the drafting of documents according to the provisions at point b, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP. In case the Ministry's leadership decides to establish a drafting team, the leading unit responsible for drafting shall propose specific assignments for the drafting team members suitable to their functions, tasks, and authorities as stipulated in the establishment decision.

3. Units within the Ministry as specified in Clause 1 of this Article; agencies, organizations, and individuals who are members of the drafting team as specified in Clause 2 of this Article are responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered formal opinions of their working agencies or organizations.

4. The main drafting unit reports to the Ministry's leadership for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

5. Based on the approved detailed drafting plan, the leading unit responsible for drafting shall have the responsibility to:

a) Survey and evaluate the current social relations related to the draft document and assess the policy impact in the draft document according to the provisions at point a, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process;

c) Prepare the draft document file according to the provisions at Clause 4, Article 32 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 14, Article 1 of Decree No. 187/2025/NĐ-CP. Among which, the draft submission letter must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

d) Organizing public opinion and social debate on the dossier as provided in point c of this clause in accordance with point a, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP and point đ, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;

đ) Sending the dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days to allow agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a summary of opinions; seriously and fully adopting and explaining all comments and social feedback. Sending the Vietnam Economic News Agency to publish the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade’s electronic portal and on its own unit’s website (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed can be carried out simultaneously;

g) Take the lead and coordinate with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and related agencies and organizations to organize communication of the draft from the time of collecting opinions until the Government issues the resolution. The content and form of communication shall be implemented according to the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit responsible for drafting to achieve effectiveness and social consensus.

6. Submit to the Ministry's leadership in charge to send the draft document file according to the provisions at Clause 1, Article 33 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 15, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review. In case the file does not meet the requirements, the leading unit responsible for drafting shall have the responsibility to supplement the file according to the suggestions of the Ministry of Justice.

7. In case the review opinion is that the draft document is ready to be submitted to the Government or only ready after adopting and completing it, the leading unit responsible for drafting shall have the responsibility to study, adopt, revise, and complete the draft resolution file according to the provisions at Clause 2, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP and report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before reporting to the Minister for consideration and submitting the draft resolution file to the Government and sending it to the Ministry of Justice.

8. In case the review opinion is that the draft document is not ready to be submitted to the Government, the leading unit responsible for drafting shall have the responsibility to study, adopt, and revise the draft and report to the Ministry's leadership in charge to send the draft document file to the Ministry of Justice for re-review. In case significant changes, deletions, or new additions arise during the completion of the draft document file, the leading unit responsible for drafting shall report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting the Minister for consideration and approving the revised and completed draft document file unified with relevant agencies according to the provisions at Clause 2, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP to submit to the Government and send it to the Ministry of Justice.

9. During the Government's review and approval of the draft resolution, the leading unit responsible for drafting shall take the lead and coordinate with the Government Office and related agencies and units to adopt opinions of Government members, revise, and complete the draft.

In case the draft resolution has not been approved, the leading unit responsible for drafting shall coordinate with related agencies and units to study, adopt, revise, and complete the draft according to the Government's and Prime Minister's directives, report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before the Minister considers and submits the revised and completed draft resolution file to the Government.

Article 15. Drafting, submitting for review, and presenting to the Prime Minister for signing and promulgating the decision

1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.

2. In cases where a Drafting Team is established according to the provision at point b, Clause 1, Article 36 of Decree No. 78/2025/NĐ-CP, the leading unit shall propose specific assignments for members of the Drafting Team in accordance with the functions, tasks, and authorities of their agencies, units, or organizations as stipulated in the decision on establishment.

3. Units within the Ministry as specified in Clause 1 of this Article; agencies, organizations, and individuals who are members of the drafting team as specified in Clause 2 of this Article are responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered formal opinions of their working agencies or organizations.

4. The main drafting unit reports to the Ministry's leadership for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

5. Based on the detailed drafting plan that has been approved, the leading unit responsible for drafting shall be responsible for implementing the following contents:

a) Summarizing and evaluating current legal normative documents, surveying and assessing the actual status of social relations related to the draft document for cases of issuing documents prescribed in Clauses 2 and 3 of Article 15 of the Law as stipulated in point a, Clause 1, Article 36 of Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process;

c) Preparing the draft document dossier in accordance with Clause 2, Article 36 of Decree No. 78/2025/NĐ-CP, amended and supplemented by point c, Clause 18, Article 1 of Decree No. 187/2025/NĐ-CP. Among which, the draft report must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

d) Organizing the solicitation of opinions on the dossier specified in Clause c of this Article in accordance with point a, Clause 18, Article 1 of Decree No. 187/2025/NĐ-CP;

đ) Sending the dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days to allow agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a summary of opinions; seriously and fully adopting and explaining all comments. Submitting to the Vietnam Economic Times for publication of the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade's electronic information portal and publishing on the unit’s own electronic information website (if available) no later than 25 days from the end date of the opinion solicitation period, with a minimum publication period of 30 days. During the publication period, other activities in the process of building and promulgating legal normative documents as prescribed shall be carried out simultaneously;

g) Taking the lead and coordinating with the Vietnam Economic Times, Vietnam Industry Magazine, and other relevant agencies and organizations to communicate the draft from the time of soliciting opinions until the Prime Minister signs the decision. The content and form of communication are implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other contents deemed necessary by the leading unit responsible for drafting to achieve effectiveness and social consensus;

6. Submitting the draft dossier in accordance with Clause 1, Article 37 of Decree No. 78/2025/NĐ-CP, amended and supplemented by point a, Clause 19, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review. In case the dossier does not meet the requirements, the leading unit responsible for drafting shall be responsible for supplementing the dossier according to the Ministry of Justice's request;

7. In cases where the review opinion is that the draft document meets the conditions for submission to the Prime Minister or only meets the conditions for submission after adoption and improvement, the leading unit responsible for drafting shall be responsible for studying, adopting, and improving the draft decision dossier and reporting to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before reporting to the Minister for submission to the Prime Minister, while sending to the Ministry of Justice in accordance with Clause 2, Article 38 of Decree No. 78/2025/NĐ-CP;

8. In cases where the review opinion is that the draft document does not meet the conditions for submission to the Prime Minister, the leading unit responsible for drafting shall be responsible for researching, adopting, and improving the draft and reporting to the Deputy Minister in charge for resubmitting the draft document dossier to the Ministry of Justice for re-review. In cases where significant changes, omissions, or new additions occur during the completion of the draft dossier compared to the dossier submitted for review, the leading unit responsible for drafting shall report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting to the Minister for consideration and approval of the revised and completed draft decision dossier, consistent with relevant agencies as prescribed in Clause 2, Article 38 of Decree No. 78/2025/NĐ-CP for submission to the Prime Minister, while sending to the Ministry of Justice;

Section 3. BUILDING AND PROMULGATING THE MINISTERIAL CIRCULAR OF THE MINISTRY OF INDUSTRY AND TRADE

Article 16. Procedure for proposing and drafting the circular

1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.

2. Except in cases of implementing directives in writing from the Party, State, Government, or Prime Minister, the unit assigned to draft must report to the Deputy Minister in charge and the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before presenting to the Minister for approval of the policy, including:

a) The report requesting approval of the policy to build the circular must clearly specify the following contents: political, legal, practical basis; proposed detailed drafting plan; assignment of tasks, resources, and progress; necessity of establishing a Drafting Team (if applicable); proposed list, number, and scope of direct affected entities;

b) For cases proposing to build the circular through simplified procedures, the report requesting approval of the policy must include the proposal to apply simplified procedures as prescribed in Clause 3, Article 51 of the Law;

c) After being agreed upon, the report requesting approval of the policy must be sent to the Legal Affairs Department for monitoring and urging progress;

3. In cases where a Drafting Team is established according to point a, Clause 2, Article 39 of Decree No. 78/2025/NĐ-CP, the leading unit responsible for drafting shall propose specific assignments for members of the Drafting Team in accordance with the functions, tasks, and authorities of their agencies, units, or organizations as stipulated in the decision on establishment;

4. The Drafting Team prescribed in Clause 3 of this Article includes: the head of the leading unit responsible for drafting as the Team Leader; the representative of the leading unit responsible for drafting as the Deputy Leader; representatives from the Legal Affairs Department; representatives from the Ministry Office (in cases where the circular contains administrative procedures, reporting systems); representatives from the Cadre and Civil Servant Organization Department (in cases where the circular relates to cadre and civil servant policies, decentralization, and delegation of power); representatives from the Planning, Finance, and Enterprise Management Department (in cases where the circular relates to financial mechanisms and policies, state budget, investment, statistics); representatives from the Innovation, Green Transition, and Promoting Handicrafts Bureau (in cases where the circular relates to standards, regulations, application, promotion of science and technology, innovation); representatives from the E-commerce and Digital Economy Bureau (in cases where the circular relates to online public services, digital transformation); the Multilateral Trade Policy Department and the Foreign Market Development Department (in cases where the circular relates to domestication of international treaties within the Ministry of Industry and Trade's jurisdiction); representatives from the Ministry Party Committee (in cases where the competent authority has specific instructions on viewpoints, policies, directions, and requirements); relevant agencies, organizations, individuals, experts, and scientists (if applicable);

5. Units under the Ministry prescribed in Clause 1 of this Article; agencies, organizations, individuals who are members of the Drafting Team prescribed in Clause 4 of this Article shall be responsible for the content they propose or implement according to their assignments. Opinions from individuals are considered official opinions of their working agencies or organizations;

6. The leading unit responsible for drafting reports to the Deputy Minister in charge for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Legal Affairs Department for monitoring and urging progress;

7. During the drafting process, the leading unit responsible for drafting shall be responsible for:

a) Preparing the draft circular dossier including: the draft report according to Model No. 02 Appendix IV issued together with Decree No. 187/2025/NĐ-CP; the draft circular; an assessment of administrative procedures, decentralization, implementation of delegated tasks and authorities, application, and promotion of scientific and technological development and digital transformation according to Model No. 06 Appendix IV issued together with Decree No. 187/2025/NĐ-CP (if applicable); a summary of the implementation of laws or evaluation of the actual status of social relations related to the draft circular for cases of issuing the circular prescribed in Clause 2, Article 18 of the Law according to Model No. 08 Appendix IV issued together with Decree No. 187/2025/NĐ-CP; a summary, explanation, and adoption of opinions from agencies, organizations, and individuals according to Model No. 10 Appendix IV issued together with Decree No. 187/2025/NĐ-CP; a comparison and explanation of the draft circular according to Model No. 12 Appendix IV issued together with Decree No. 187/2025/NĐ-CP.

For draft circulars prepared according to the simplified procedure, the dossier for the draft circular shall include: the draft submission report; the draft circular; a comparison and explanation of the content of the draft circular and other relevant documents (if any).

b) Send to the Vietnam Economic Times for publication of the draft circular's dossier on the Ministry of Industry and Trade’s official website and on its own website (if available) for at least 10 days to allow agencies, organizations, and individuals to provide comments, except where international treaties to which the Socialist Republic of Vietnam is a party have different provisions.

c) Organize the collection of opinions from entities directly affected by the circular and related agencies and organizations.

Depending on the nature and content of the draft circular, the drafting unit is responsible for collecting opinions from units as prescribed in Clause 4, Article 16 of this Circular and may also collect opinions from other ministries, ministerial-level agencies, government agencies, People's Councils, provincial People's Committees, related agencies and organizations, experts, and scientists. In cases where opinions are collected in writing, the period for collecting opinions is 10 days from the date of solicitation.

For draft circulars promulgating technical standards and regulations, the leading drafting unit shall implement the collection of opinions in accordance with the laws on technical standards and regulations.

d) Lead and coordinate with the Vietnam Economic Times, Vietnam Industry Magazine, and other related organizations and individuals to organize communication about the draft from the time of soliciting opinions until the Minister signs the issuance of the circular. The content and form of communication are carried out in accordance with the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit to achieve effectiveness and social consensus.

đ) Compile a summary of opinions; seriously and comprehensively adopt and explain all submitted opinions. Send to the Vietnam Economic Times for publication of the summary of opinions, adoption, and explanation of submitted opinions on the Ministry of Industry and Trade’s official website and on its own website (if available) no later than 25 days from the end of the opinion solicitation period, with a minimum publication period of 30 days. During the publication period, other activities in the process of drafting and promulgating normative legal documents are simultaneously conducted in accordance with the regulations.

8. During the process of soliciting opinions and communicating the draft circular, the leading drafting unit promptly compiles and reports to the Department Head in charge and the Minister for guidance on major issues still having differing opinions.

Article 17. Submission for Review

1. The leading drafting unit submits the electronic and paper versions of the review dossier, including the documents specified in Clause 3 of this Article, to the leading review unit.

2. The leading review unit receives and checks the draft circular dossier submitted for review by the leading drafting unit. If the submitted dossier does not meet the requirements specified in Clause 3 of this Article, within one working day from the date of receipt, the leading review unit requests the leading drafting unit to supplement the dossier.

3. The dossier for requesting review of the draft circular includes:

a) The request for review document from the leading drafting unit;

b) The documents specified in Point a, Clause 7, Article 16 of this Circular;

c) Other required documents (if any).

4. Time limit for organizing the review:

a) Not exceeding seven working days from the date the leading review unit receives a complete and valid dossier for review of the draft circular, and not exceeding ten working days for complex draft circulars involving multiple sectors and fields;

b) Not exceeding five working days from the date the leading review unit receives a complete and valid dossier for review of the draft circular prepared according to the simplified procedure.

Article 18. Organization of Review of Draft Circulars

1. The Legal Affairs Department is responsible for organizing the review of draft circulars prepared by units under the Ministry. For draft circulars prepared by the Legal Affairs Department, it reports to the Minister for consideration and decision on the unit to organize the review of the draft circular.

2. The organization of the review of draft circulars must be conducted through a review board, except in the following cases:

a) Circulars prepared according to the simplified procedure;

b) Circulars promulgating national technical standards;

c) Circulars without significant differences in views and content among agencies, organizations, and authorized persons.

3. In cases where the review is not conducted through a review board, the leading review unit may conduct self-review; organize a meeting for review or collect review opinions in writing.

4. When necessary, the leading review unit reports to the Department Head in charge to invite representatives from ministries, ministerial-level agencies, related agencies and organizations, experts, scientists, and direct stakeholders to participate in the review or provide written review opinions.

5. In cases where the review is conducted through a review board, the leading review unit is responsible for proposing the composition and structure of the review board, reporting to the Department Head in charge to issue a decision establishing the review board. The composition of the review board shall include at least the following members: Chairman of the Board, members representing units within the Ministry as specified in Clause 4, Article 16 of this Circular, representatives from related units outside the Ministry, representatives from the Party Committee of the Ministry, and the secretary of the review board.

The review board ceases operations and dissolves itself after the conclusion of the review board meeting.

6. The organization of the review through a review board or a review meeting must be recorded in the minutes of the review meeting.

The leading review unit sends the meeting materials to the participating review members at least three working days before the review meeting. In urgent cases directed in writing by the Government, Prime Minister, or Department Head, the deadlines for sending meeting materials, holding meetings, and submitting review opinions are based on the request of the leading drafting unit.

Agencies, organizations, and individuals whose opinions are sought for review, participants in the review meeting or review board, are responsible for reviewing the content within their functional scope and may provide opinions on other matters when appropriate. Opinions provided by individuals assigned by agencies or organizations represent the opinions of those agencies or organizations.

In cases where it is impossible to attend the review board meeting or review meeting, members of the review board or participants in the review meeting must submit their review opinions in writing to the leading review unit. Written opinions submitted before the review meeting are publicly presented at the review meeting and recorded in the minutes of the review meeting.

The minutes of the review meeting must fully reflect opinions on the contents specified in Clause 7 of this Article and are established after the review board meeting or review meeting based on the agreement of the participating members.

7. The review focuses on the following issues:

a) The necessity of issuing the circular; the scope of regulation and application of the circular;

b) The consistency of the content of the draft circular with the policies and guidelines of the Party;

c) The constitutionality, legality, and consistency of the draft circular with the legal system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a party;

d) The necessity and rationality of administrative procedures; the application and promotion of scientific and technological development, innovation, and digital transformation;

đ) Financial resources, human resources; the delegation and implementation of delegated tasks and powers;

e) Language, format, presentation techniques, and procedures for drafting documents.

8. The content of national technical standards is reviewed in accordance with the laws on standards and technical regulations. For circulars promulgating national technical standards, the review does not include the content of technical standards that have already been reviewed or examined in accordance with the laws on standards and technical regulations.

Article 19. Report on Review

1. Within the latest five working days from the date of completion of the review, the leading unit conducting the review shall complete the report on review and send it to the leading unit drafting the circular. In cases where the circular contains significant and complex content, and there are still differing opinions after the review, the time for completing the report on review to be sent to the leading unit drafting the circular shall be the latest seven working days from the date of completion of the review.

2. The leading unit drafting the circular shall be responsible for studying, adopting, and explaining the opinions in the report on review to revise and perfect the draft circular dossier.

3. In cases where the draft circular still has differing opinions between the leading unit drafting the circular and the review opinions, and the opinions of organizations and individuals affected or directly related to the document, the leading unit drafting the circular shall report to the Department Head in charge or the Minister for consideration and decision-making, or organize meetings with relevant units to discuss and reach consensus before implementing Article 20 of this Circular.

Article 20. Procedure for Considering and Issuing Circulars

The leading unit drafting the circular shall submit the draft circular dossier to the Minister for signature and issuance. The dossier includes:

1. Documents specified in Clause 3, Article 17 of this Circular that have been signed and stamped by the leadership of the leading unit drafting the circular (if applicable). Among these, the draft circular must be submitted in two paper copies, one of which must bear the abbreviated signature of the leading unit's leadership on all pages of the draft circular;

2. Report on Review;

3. Report on Adoption and Explanation of Review Opinions;

4. Summary of opinions of the competent authority as stipulated in Clause 4, Article 3 of this Circular.

Chapter IV. ISSUANCE AND PUBLICATION OF LEGAL REGULATORY DOCUMENTS

 

Article 21. Issuance of Circulars of the Ministry of Industry and Trade, Joint Circulars Drafted by the Ministry of Industry and Trade

1. After the circulars and joint circulars are signed and issued by the Minister, the leading unit drafting the circulars shall send two paper copies, one of which bears the abbreviated signature of the unit’s leadership on all pages of the draft circular, along with the electronic version to the Ministry Office, and shall be responsible for the accuracy of the electronic version compared to the original circulars and joint circulars.

2. The Ministry Office shall number, stamp, archive, duplicate, and distribute the circulars and joint circulars to agencies, organizations, and individuals according to the "Distribution" section of the circulars and joint circulars.

3. The Ministry Office shall monitor the effective date of the circulars and joint circulars during the issuance process to ensure compliance with the provisions of Article 53 of the Law.

Article 22. Publication on the Electronic Gazette, the Ministry of Industry and Trade’s Electronic Portal, and the National Legal Database

1. Publication on the Electronic Gazette and the Ministry of Industry and Trade’s Electronic Portal:

a) Within three days from the date of issuance, the leading unit drafting the circulars shall be responsible for sending the circulars and joint circulars (including: one paper copy marked "Document for publication on the Electronic Gazette" and the electronic version) to the Government Office in accordance with Clause 4, Article 7 of Decree No. 78/2025/NĐ-CP for publication on the Electronic Gazette; simultaneously, send them to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade’s Electronic Portal;

b) Circulars and joint circulars issued through simplified procedures must be sent to the Government Office on the same day of issuance for publication on the Electronic Gazette;

c) The leading unit drafting the circulars shall be responsible for not submitting or submitting late, incomplete, or inaccurate documents for publication on the Electronic Gazette.

2. Publication on the National Legal Database:

Within two working days from the date of promulgation or issuance by the competent authority, the leading unit drafting the legal regulatory document shall send the electronic version of the legal regulatory document (in ".pdf" format with red seal and ".doc" format) to the Legal Affairs Department for publication on the National Legal Database, except for documents containing state secrets as prescribed by laws on state secrets or documents prohibited from being published publicly on the internet.

Chapter V. IMPLEMENTATION OF LEGAL REGULATORY DOCUMENTS

 

Article 23. Development and Issuance of Implementation Plans for Legal Regulatory Documents

1. Implementation plans for legal regulatory documents shall be developed and issued for the following legal regulatory documents:

a) Laws, resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly as prescribed in Clause 1, Article 27 of the Law;

b) Other legal regulatory documents not falling under the cases prescribed in point a of this clause but requiring the development of implementation plans based on decisions of the issuing authority or the Minister.

2. The leading unit drafting the legal regulatory document shall develop and report to the Minister for consideration and submission to the Prime Minister for issuance of the implementation plan for legal regulatory documents as prescribed in point a of Clause 1 of this Article.

Based on the implementation plan for legal regulatory documents issued by the Prime Minister, the leading unit drafting the legal regulatory document shall develop and issue the implementation plan for legal regulatory documents within the scope of the Ministry of Industry and Trade's authority.

3. For cases prescribed in point b of Clause 1 of this Article, the leading unit drafting the legal regulatory document shall develop and submit to the Minister for issuance or submission to the competent authority for issuance of the implementation plan for legal regulatory documents.

4. The deadline for developing and issuing the implementation plan for legal regulatory documents and the contents of the implementation plan shall comply with the provisions of Article 4 of Decree No. 80/2025/NĐ-CP.

Article 24. Popularizing and educating about laws

1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in managing state administration regarding the popularization and education of laws; construct and submit to the Minister for issuance the annual plan on popularizing and educating about laws before January 1 of each planning year.

2. Units under the Ministry shall perform tasks related to the popularization and education of laws within their assigned sectors and fields.

3. Providing information for press releases

a) For laws, ordinances, resolutions containing legal norms of the National Assembly, the Standing Committee of the National Assembly after the President signs the promulgation decree: The drafting unit shall provide information to the Office of the President about the legal normative document to serve the construction of the press release in accordance with Article 12 of the Law on Popularizing and Educating about Laws 2012.

b) For decrees, resolutions containing legal norms of the Government, decisions of the Prime Minister after issuance: The drafting unit shall provide information to the Ministry of Justice about the legal normative document no later than the fifth day of the following month to serve the construction of the press release, while sending it to the Legal Affairs Department for general oversight.

The content of the information-providing document shall be carried out according to the model attached to Circular No. 07/2021/TT-BTP dated November 1, 2021 issued by the Minister of Justice stipulating the issuance of press releases on legal normative documents issued by the Government and the Prime Minister.

Article 25. Guidelines for applying legal normative documents; professional guidance for implementing legal normative documents

1. Guidelines for applying legal normative documents shall be implemented for legal normative documents specified in Clause 1 of Article 61 of the Law in cases prescribed in Clause 1 of Article 60 of the Law.

2. The main drafting unit of the circular shall be responsible for receiving, reviewing the content of requests and suggestions from agencies, organizations, and individuals regarding the guidelines for applying the circular issued by the Minister of Industry and Trade to report to the Minister for consideration and issuance of the guiding document. The report file to the Minister includes the following documents:

a) Memorandum or Request Form for the Minister;

b) Draft document on guidelines for applying the circular; original or copy of the circular requiring application guidance;

c) Request or suggestion document from agencies, organizations, or individuals;

d) Opinions of related agencies, organizations, and units (if any);

đ) Other documents (if necessary).

3. In case the Government or the Prime Minister delegates the Minister of Industry and Trade to issue guidelines for applying legal normative documents issued by the Government or the Prime Minister, the main drafting unit of the legal normative document shall be responsible for reviewing the content requiring guidance and reporting to the Minister for consideration and issuance of the guiding document. The report file to the Minister includes the following documents:

a) Documents and materials specified in points a, c, d, đ of Clause 2 of this Article;

b) Draft document on guidelines for applying legal normative documents; original or copy of the legal normative document requiring application guidance;

c) Delegation document of the Government or the Prime Minister or other provisions of the law.

4. Principles and criteria for guidelines for applying legal normative documents shall be implemented in accordance with Clause 2 of Article 61 of the Law.

5. The acceptance, processing of requests and suggestions for guidelines for applying legal normative documents and the publication of guiding documents shall be carried out in accordance with Article 5 of Decree No. 80/2025/NĐ-CP.

6. Units under the Ministry shall advise and assist the Minister in providing professional guidance for implementing legal normative documents related to the sectors and fields under the management function of the Ministry of Industry and Trade in accordance with Article 6 of Decree No. 80/2025/NĐ-CP.

Article 26. Inspecting and handling legal normative documents

1. Responsibilities of the Legal Affairs Department:

a) Construct and submit to the Minister for issuance the annual inspection plan before January 1 of each planning year; construct and submit annually to the Minister a report on the inspection and handling of legal normative documents to be sent to the Ministry of Justice for consolidation and reporting to the Prime Minister;

b) Serve as the focal point for consolidating, monitoring, and urging inspections of documents as specified in Clause 1 of Article 10, point b of Clause 1 of Article 11 of Decree No. 79/2025/NĐ-CP and Clause 1 of Article 14 of Decree No. 79/2025/NĐ-CP amended and supplemented by Clause 5 of Article 2 of Decree No. 187/2025/NĐ-CP;

c) Conduct inspections of documents issued by the Minister, heads of ministries at the same level, provincial-level local authorities, Chairmen of Provincial People's Committees, and special administrative-economic zones' local authorities concerning contents related to the sectors and fields managed by the Ministry of Industry and Trade that do not involve state secrets;

d) Organize self-inspections of legal normative documents issued by the Minister of Industry and Trade or jointly issued; legal normative documents drafted by the Ministry of Industry and Trade and submitted to the Government or the Prime Minister for issuance or jointly issued; and guidelines for legal normative documents issued by the Government or the Prime Minister concerning the sectors and fields under the responsibility of the Ministry of Industry and Trade.

2. Responsibilities of units under the Ministry:

a) Coordinate with the Legal Affairs Department in inspecting and handling legal normative documents;

b) Conduct self-inspections of legal normative documents when there is a basis as prescribed in Clause 2 of Article 63 of the Law, and simultaneously send the inspection results to the Legal Affairs Department for monitoring;

c) In case legal normative documents or documents specified in Clause 4 of Article 63 of the Law issued by the Minister are found to have signs of violation of the law by competent authorities, the main drafting unit of such documents shall be responsible for reviewing and explaining specifically and reporting to the Minister for consideration and decision;

d) Report on the inspection and handling of legal normative documents regularly or urgently as required by the Legal Affairs Department.

3. The inspection and handling of legal normative documents shall be carried out in accordance with Article 63 of the Law and Decree No. 79/2025/NĐ-CP.

Article 27. Review and Systematization of Legal Normative Documents

1. The Legal Affairs Department shall be responsible for urging, coordinating, guiding, and compiling the results of the review and systematization of general legal normative documents of the Ministry of Industry and Trade.

2. The Legal Affairs Department shall draft and submit to the Minister for issuance the annual plan for reviewing and systematizing legal normative documents before January 1st of each planning year; and prepare an annual report on the review and systematization of legal normative documents to be submitted to the Minister for submission to the Ministry of Justice for consolidation and reporting to the Prime Minister.

3. Units under the Ministry shall be responsible for assisting the Minister in implementing reviews and systematizations of legal normative documents within the scope of authority and responsibility of the Ministry of Industry and Trade as stipulated in Clause 2, Article 64 of the Law; drafting and submitting to the Minister for issuance or submitting to the Prime Minister for issuance plans for specialized, sectoral, or regional reviews of legal normative documents as prescribed in Article 46 of Decree No. 79/2025/NĐ-CP amended and supplemented by Clause 15, Article 2 of Decree No. 187/2025/NĐ-CP.

Article 28. Receiving and Processing Petitions Regarding Legal Normative Documents through the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents

1. The Legal Affairs Department shall be responsible for receiving access to the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents from organizations and individuals according to accounts granted by the Ministry of Justice to classify, receive, and transfer complaints for processing to units responsible for advising on their resolution.

2. Responsibilities of units under the Ministry:

a) Organizing and implementing the receipt and processing of complaints and petitions regarding legal normative documents within the scope of state management of the Ministry of Industry and Trade on the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents effectively, accurately, and timely, and bearing responsibility for the content of responses to complaints and petitions;

b) When requested to cooperate in responding to complaints and petitions, related units shall be responsible for replying within the deadline with clear content; not replying vaguely, irresponsibly, or evading responsibility; if there is no reply or the reply is not made within the deadline, they must bear responsibility in accordance with the provisions of the law.

3. The process of receiving and handling petitions regarding legal normative documents within the scope of state management of the Ministry of Industry and Trade through the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents shall be carried out in accordance with the provisions of the law and the Regulations on Receiving and Handling Complaints and Petitions about Legal Normative Documents of the Ministry of Industry and Trade.

Article 29. Consolidation of Legal Normative Documents

1. Responsibilities for consolidating legal normative documents:

a) The Legal Affairs Department shall consolidate legal normative documents within the Minister's consolidation authority, except in cases provided for in point b of this clause;

b) Units under the Ministry that have legal affairs organizations shall consolidate legal normative documents within the Minister's consolidation authority when such documents are primarily drafted by the unit.

2. The consolidation of legal normative documents must ensure compliance with deadlines, accuracy in content and technical consolidation as prescribed in the Law on Consolidation of Legal Normative Documents No. 01/2012/UBTVQH13.

3. In the case provided for in point a of Clause 1 of this Article, the primary drafting unit shall be responsible for:

a) Cooperating with the Legal Affairs Department in the consolidation of legal normative documents primarily drafted by the unit;

b) Sending the Legal Affairs Department the legal normative document (in ".pdf" format with red seal and in ".doc" format) within one day from the date of issuance of the legal normative document for the Legal Affairs Department to consolidate in accordance with regulations; bearing responsibility for failing to meet the consolidation deadline due to non-submission of the legal normative document to the Legal Affairs Department after issuance as prescribed herein.

4. In the case where a legal normative document contains typographical errors, formal, or presentation technical issues leading to inability to consolidate, the primary drafting unit shall be responsible for reporting to the Ministry Leadership for handling in accordance with regulations. The unit specified in Clause 1 of this Article responsible for consolidation shall continue to consolidate after the legal normative document has been processed and ensured to be consolidated in accordance with regulations.

5. Publishing the consolidated document on the Official Gazette, the Government Portal, and the National Legal Database shall be carried out as follows:

a) For legal normative documents of the Government, the Prime Minister, or joint legal normative documents between the Government and central agencies of political-social organizations, within two working days from the date of signature confirmation, the unit responsible for consolidation shall send the consolidated document to the Government Office for publication on the Government Portal and publication in the Official Gazette; sending the consolidated document to the Legal Affairs Department for updating on the National Legal Database in the case provided for in point b of Clause 1 of this Article;

b) For legal normative documents issued by the Minister of Industry and Trade or joint legal normative documents primarily drafted by the Minister of Industry and Trade, within two working days from the date of signature confirmation, the unit responsible for consolidation shall send the consolidated document to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade Portal; sending the consolidated document to the Government Office for publication in the Official Gazette; sending the consolidated document to the Legal Affairs Department for updating on the National Legal Database in the case provided for in point b of Clause 1 of this Article.

Article 30. Legal Codification of Regulatory Norms

1. Responsibilities for implementing legal codification of regulatory norms:

a) The Legal Affairs Department shall implement legal codification of regulatory norms in normative legal documents within the legal codification authority of the Ministry of Industry and Trade, except in cases stipulated in point b of this Clause;

b) Units under the Ministry that have legal affairs organizations shall implement legal codification of regulatory norms in normative legal documents within the legal codification authority of the Ministry of Industry and Trade for which they are primarily responsible for drafting.

2. Implementation of legal codification of regulatory norms must ensure compliance with deadlines, accuracy of content, adherence to procedures and formalities, and compliance with legal codification techniques as prescribed in the Legal Codification Ordinance on the System of Regulatory Norms No. 03/2012/UBTVQH13.

3. In the case provided for in point a of Clause 1 of this Article, the primary drafting unit shall be responsible for:

a) Coordinate with the Legal Affairs Department in implementing legal codification of normative legal documents for which they are primarily responsible for drafting or regulatory norms in normative legal documents regulating issues within their functions and tasks;

b) Send the Legal Affairs Department normative legal documents (in ".pdf" format with red seal and ".doc" format) within one day from the date of issuance of the normative legal document for the Legal Affairs Department to implement legal codification according to regulations and bear responsibility for failing to meet the deadline for legal codification of normative legal documents if not sent to the Legal Affairs Department after issuance in accordance with this regulation.

Article 31. Monitoring and Inspection of Law Enforcement Activities

1. The Legal Affairs Department shall be the focal point, coordinate with relevant units to advise and assist the Minister in monitoring the implementation of normative legal documents within the scope of management of the Ministry of Industry and Trade; build and submit to the Minister for approval a plan to monitor the implementation of normative legal documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the key inter-ministerial plan, send it to the Ministry of Justice for monitoring and consolidation; build an annual report on organizing law enforcement activities to submit to the Minister for submission to the Ministry of Justice for consolidation.

2. Units under the Ministry shall advise and assist the Minister in organizing law enforcement and inspecting law enforcement activities related to industries and fields assigned to manage under the State management functions of the Ministry of Industry and Trade.

3. The Legal Affairs Department shall advise and assist the Minister in organizing law enforcement activities for units under the Ministry and law enforcement activities related to industries and fields under the State management functions of the Ministry of Industry and Trade.

4. Law enforcement activities shall be carried out in accordance with Article 14 of Decree No. 80/2025/NĐ-CP.

Article 32. Inspection of Law Enforcement Activities Related to Administrative Violation Handling

1. The Legal Affairs Department shall be the focal point, coordinate with relevant units to advise and assist the Minister in building, issuing plans, and organizing inspections of law enforcement activities related to administrative violation handling as prescribed in the Government's Decree on inspection and disciplinary measures in law enforcement activities related to administrative violation handling.

2. Based on the objectives and requirements set forth in the plan for inspecting law enforcement activities related to administrative violation handling issued by the Minister and relevant laws, heads of units under the Ministry shall be responsible for self-inspecting law enforcement activities related to administrative violation handling within their units, and inspecting persons authorized to handle administrative violations within their management scope.

Chapter VI. IMPLEMENTATION

 

Article 33. Responsibilities of Units Under the Ministry

1. Responsibilities of units in legislative work:

a) Ensure the proposal, drafting, and issuance of normative legal documents in accordance with the procedures prescribed in the Law, Decree No. 78/2025/NĐ-CP, Decree No. 187/2025/NĐ-CP, and the provisions of this Circular;

b) Bear responsibility before the Minister for the progress and quality of policy proposals, drafting; policy communication and draft normative legal documents; the comprehensive incorporation and explanation of all comments, consultations, social feedback, reviews, and audits;

c) For units with legal affairs organizations, ensure the participation of legal affairs organizations and personnel in legislative work and the organization of enforcement of normative legal documents;

d) Review standards and conditions to improve the legal affairs organization and personnel of the unit, compile a list of legal affairs personnel at units to submit to the Legal Affairs Department for consolidation and submission to the Minister for issuance of the List of Legal Affairs Personnel at units under the Ministry;

đ) Coordinate with the Vietnam Industry and Trade Newspaper, Vietnam Industry and Trade Magazine, and other agencies and organizations to organize policy communication and draft normative legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP;

e) Implement the publication of administrative procedures in normative legal documents drafted primarily by the unit and coordinate with the Ministry Office in other administrative procedure control activities in accordance with Circular No. 18/2018/TT-BCT dated July 19, 2018, of the Minister of Industry and Trade on administrative procedure control activities within the scope of the Ministry's management functions;

g) Report on the progress of drafting normative legal documents of the Ministry of Industry and Trade, specifying the name of the draft normative legal document being primarily drafted, directives from higher authorities to draft, detailed drafting plans approved, drafting progress up to the reporting date, sent to the Legal Affairs Department via email: [email protected] no later than 11:00 AM every Friday and bear responsibility before the Minister for the progress report of the unit's normative legal document;

h) Ensure that circulars and joint circulars are fully sent to competent authorities for monitoring, inspection, and electronic gazette publication in accordance with regulations;

i) Summarize and conclude the implementation of normative legal documents in accordance with Article 9 of Decree No. 80/2025/NĐ-CP;

k) Take the lead, coordinate with the Legal Affairs Department to implement the consolidation of normative legal documents and legal codification of regulatory norms in accordance with regulations; bear responsibility for failing to meet the deadline for consolidating normative legal documents and legal codification of regulatory norms if not sending the Legal Affairs Department normative legal documents after issuance in accordance with this Circular;

l) Take the lead, coordinate with the Legal Affairs Department in inspection, review, systematization, and processing of documents related to the unit's management industry and field;

m) Receive and process complaints and suggestions about normative legal documents within the scope of the Ministry of Industry and Trade's state management on the Complaint and Suggestion Reception System for Normative Legal Documents in accordance with Article 28 of this Circular;

n) Compile a list of experts and scientists in the unit's management industry and field as a basis for selecting experts and scientists in normative legal document drafting activities;

o) Perform other tasks as prescribed by the Law, Decree No. 78/2025/NĐ-CP, Decree No. 79/2025/NĐ-CP, Decree No. 80/2025/NĐ-CP, Decree No. 187/2025/NĐ-CP, and the provisions of this Circular.

2. Responsibilities of the Legal Affairs Department:

a) Take the lead, coordinate with relevant units under the Ministry to summarize, conclude, and build the content of the Legislative Orientation Plan for the National Assembly's term within the scope of the Ministry of Industry and Trade's state management, submit to the Ministry of Justice to propose to the Government;

b) Organize guidance, monitoring, urging, inspection, and reporting on the progress of implementing the Legislative Orientation Plan for the term and annually; report on the issuance of documents primarily drafted by the Ministry of Industry and Trade;

c) Monitor and urge units under the Ministry on the situation and progress of implementing the plan to draft normative legal documents after approval;

d) Take the lead or participate in drafting normative legal documents as assigned by the Minister;

đ) Take the lead in reviewing draft normative legal documents prepared by units under the Ministry before submitting to the Minister for signature and issuance; bear responsibility for ensuring the deadline and quality of the review results of circulars submitted by units.

e) Chair or coordinate with relevant units to assist the Minister in providing comments on draft regulatory legal documents for soliciting opinions;

g) Urge, guide, and compile results of reviewing and systematizing general regulatory legal documents of the Ministry;

h) Chair or coordinate with relevant units in reviewing and systematizing regulatory legal documents related to the industry and sector under the management of the ministry or equivalent ministry according to the Plan approved or issued by the Minister;

i) Chair or coordinate with relevant units to implement codification of regulatory legal systems and consolidation of regulatory legal documents related to the industry and sector under the management of the Ministry in accordance with the provisions of the law;

k) Chair the organization of inspection and handling of regulatory legal documents within the responsibility and authority of inspection of the Minister; urge and guide units within the Ministry in the work of inspecting and handling regulatory legal documents;

l) Chair and coordinate with units inside and outside the Ministry to provide advisory support and assist the Minister in implementing the dissemination and education of laws within the scope of the industry and sector;

m) Chair and coordinate with relevant units to provide advisory support and assist the Minister in organizing the implementation of work to monitor the enforcement of laws within the scope of the industry and sector under management;

n) Chair and coordinate with relevant units to provide advisory support and assist the Minister in organizing the implementation of management of work on enforcing laws regarding administrative violations within the scope of the industry and sector under management in accordance with the provisions of the law;

o) Compile and submit to the Minister for issuance the List of personnel engaged in legal affairs at units under the Ministry;

p) Chair and coordinate with units under the Ministry to implement consolidation of regulatory legal documents and codification of regulatory legal norms in accordance with the provisions;

q) Serve as the point of contact for receiving and transferring reflections and suggestions from organizations and individuals regarding regulatory legal documents on the Information System for Receiving and Handling Reflections and Suggestions on Regulatory Legal Documents to relevant units for advisory support and handling in accordance with their functions and responsibilities;

r) Chair and coordinate with relevant units to report regularly or urgently on the work of drafting and organizing the enforcement of regulatory legal documents according to the directives of the Ministry's leadership or requirements of competent authorities;

3. Responsibilities of the Ministry Office:

a) Provide comments on decisions to publish administrative procedures in regulatory legal documents in accordance with Circular No. 18/2018/TT-BCT;

b) Supervise the implementation of administrative procedures: Publicize administrative procedures in regulatory legal documents; receive, assign for processing and monitor, urge the processing of reflections and suggestions on administrative procedures within the trade and industry sector as stipulated in regulatory legal documents; chair the assignment of specialized units to conduct reviews and evaluations of administrative procedures within the trade and industry sector in accordance with Circular No. 18/2018/TT-BCT;

c) Supervise the effective date of circulars during the issuance process to ensure compliance with the provisions of Article 53 of the Law;

d) Coordinate with units under the Ministry in the work of organizing communication for draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP;

đ) Perform other tasks as prescribed in this Circular;

4. Responsibilities of the Vietnam Industry News:

a) Publish draft regulatory legal documents for soliciting opinions, explanatory content, and adoption on the Ministry of Industry and Trade's Electronic Information Portal and submit comments on the Ministry of Industry and Trade's Electronic Information Portal for the main drafting unit to adopt, explain, or notify the main drafting unit in case no comments are received after the opinion solicitation period has ended;

b) Coordinate with units under the Ministry and other media and communication units in the work of organizing communication for draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP;

5. Responsibilities of the Vietnam Industry Magazine:

Coordinate with units under the Ministry and other media and communication units in the work of organizing communication of policies and draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP.

Article 34. Responsibilities of Legal Organizations and Legal Officers at Units under the Ministry

1. In legislative work

a) Coordinate with relevant units to assist the Unit Head in preparing proposals for drafting normative legal documents related to the industry and sector under their administrative management;

b) Advise and assist the Unit Head in coordinating with the Legal Department to draft the proposed program and plan for legislative activities of the ministry or equivalent agency; propose a list of documents detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President;

c) Take the lead or participate in drafting normative legal documents according to the assignment of the Unit Head under the Ministry;

d) Provide comments on draft normative legal documents prepared by other departments before submitting them to the Unit Head for review and decision to request the Legal Department to examine;

đ) Coordinate in preparing files for draft normative legal documents related to the industry and sector under administrative management for submission to the Unit Head to request relevant agencies, organizations, or individuals to provide feedback or request the Legal Department to examine;

e) Coordinate with relevant departments to assist the Unit Head in providing comments on draft normative legal documents sent for opinions from other agencies;

g) Take the lead or participate in the process of guiding the implementation of normative legal documents, professional guidance on implementing normative legal documents drafted by the unit;

2. Guide the procedures and formalities for drafting normative legal documents, file preparation for draft normative legal documents; guide the format and presentation techniques for documents drafted by the unit;

3. Monitor and urge progress on normative legal documents drafted by the unit. Serve as the focal point for reporting on the progress of drafting normative legal documents periodically or upon request of the Legal Department;

4. Lead or coordinate with organizations and individuals within the unit to assist the Unit Head or coordinate with the Legal Department in inspection, review, consolidation, codification, systematization, and handling of documents related to the industry and sector under the unit's administrative management;

Article 35. Competition and Awards

1. The timely completion of drafting normative legal documents according to the detailed drafting plan approved by the Ministry’s leadership or decided by the competent authority without contravening legal provisions is one of the bases for evaluating and considering competition and awards annually for individuals and units under the Ministry;

2. The unit assigned to be the focal point for competition and award work shall seek the Legal Department's opinion on the progress of drafting documents by units under the Ministry when conducting annual evaluations and considerations for competition and awards for individuals and units under the Ministry;

Article 36. Handling Responsibility

1. The Minister examines and handles collective and individual responsibility of the head of the unit assigned to take the lead in drafting normative legal documents according to Article 68 of the Law;

2. The Ministry’s leadership assigned to direct legislative work in their respective fields who fail to meet deadlines will be criticized in the Ministry’s leadership body, except in cases where they have promptly led and directed the drafting of normative legal documents according to this Circular;

Chapter VII. ENSURING HUMAN RESOURCES AND FINANCIAL RESOURCES FOR LEGISLATIVE WORK AND IMPLEMENTATION OF NORMATIVE LEGAL DOCUMENTS

 

Article 37. Ensuring Human Resources and Material Conditions for Legislative Work, Issuance, and Implementation of Normative Legal Documents

1. The Ministry’s leadership and heads of units under the Ministry within their functional responsibilities, duties, and authorities allocate civil servants, financial support, working equipment, information, and other necessary conditions for legislative work, issuance, and implementation of normative legal documents;

2. Organizations and legal officers enjoy mechanisms and policies for legislative work, issuance, and implementation of normative legal documents according to legal provisions;

3. The transfer, rotation, and temporary assignment of cadres and civil servants within the Ministry of Industry and Trade for legislative and enforcement work shall be carried out according to the policy and viewpoint of the competent authority, relevant regulations of the Ministry of Industry and Trade, and legal provisions.

Article 38. (repealed) [2]

Chapter VIII. IMPLEMENTING PROVISIONS[3]

 

Article 39. Effective Date

1. This Circular shall take effect from August 26, 2025, replacing Circular No. 21/2025/TT-BCT dated April 26, 2025, issued by the Minister of Industry and Trade on the establishment, issuance, and implementation of legal normative documents of the Ministry of Industry and Trade.

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

Article 40. Transitional Provisions

The Legal Department shall consolidate legal normative documents and codify legal norms in legal normative documents already issued within the consolidation and codification authority of the Minister of Industry and Trade, which were drafted by units without a legal department before this Circular takes effect, if the main drafting unit has not yet organized the consolidation of legal normative documents and codification of legal norms. The main drafting unit shall be responsible for any delay in consolidating legal normative documents and codifying legal norms in legal normative documents issued before this Circular takes effect./.

 

 

 

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[1] Circular No. 05/2026/TT-BCT guiding the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws within the jurisdiction of the Ministry of Industry and Trade is based on the following grounds:

"On the basis of the Law on Issuance of Legal Normative Documents No. 64/2025/QH15, amended and supplemented by Law No. 87/2025/QH15;

On the basis of Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP;

On the basis of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws;

On the basis of Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and Enforcement of laws;

At the proposal of the Director of the Department of Legal Affairs;

The Minister of Industry and Trade issues this Circular guiding the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws within the jurisdiction of the Ministry of Industry and Trade."

[2] This provision is repealed pursuant to Clause 2 of Article 11 of Circular No. 05/2026/TT-BCT guiding the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws within the jurisdiction of the Ministry of Industry and Trade, effective from January 30, 2026.

[3] Articles 10 and 11 of Circular No. 05/2026/TT-BCT guiding the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws within the jurisdiction of the Ministry of Industry and Trade, effective from January 30, 2026, are stipulated as follows:

Article 10. Responsibilities of Units under the Ministry

1. Units directly implementing tasks and activities shall be responsible for:

a) Ensuring the schedule and quality of products for each task and activity; being responsible for the content and accuracy of files and documents during the implementation of tasks and activities;

b) Using and managing funds in accordance with regulations, for the intended purpose, ensuring transparency, openness, and effectiveness;

c) Implementing payments and settlements in accordance with the budget allocation regulations set forth in Decree No. 289/2025/NĐ-CP and this Circular;

d) Providing complete documentation to serve inspection, audit, and review work.

2. Units under the Ministry shall report to the Ministry’s leadership responsible for the progress of implementing tasks and activities related to the formulation and enforcement of laws.

3. The Legal Department, the Ministry’s Office, the Planning, Finance, and Enterprise Management Department shall organize the dissemination and guidance on the implementation of this Circular to units under the Ministry.

4. Heads of units under the Ministry shall be responsible to the Minister for organizing the implementation of assigned tasks under this Circular; promptly addressing or recommending solutions to difficulties and obstacles arising during implementation.

Article 11. Effective Date

1. This Circular shall take effect from January 30, 2026.

2. Article 38 of Circular No. 47/2025/TT-BCT on the construction, issuance, and implementation of regulatory legal documents of the Ministry of Industry and Trade is hereby repealed.

3. 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 amending documents.

4. During the implementation process, if there are any difficulties, agencies, units, organizations, and individuals are requested to promptly report them to the Ministry of Industry and Trade for study and resolution./.”