Decree No. 101/CP detailing the implementation of certain provisions of the Law on Enacting Legal Normative Documents

DECREE

Regulations on the detailed implementation of certain provisions of the Law on Legislative Acts

THE GOVERNMENT

Based on the Government Organization Law dated September 30, 1992;
Based on the Law on Legislative Acts dated November 12, 1996;
Approve the Program for Reforming the Work on Drafting, Issuing, and Improving the Quality of Regulatory Legal Documents.

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Legislative acts

1. A normative legal document is a document that has all the following elements:

a) Legislative acts issued by state agencies with the form prescribed in Article 1 of Chapter I and Chapter II of the Law on Legislative Acts;

b) Legislative acts issued by central state agencies in accordance with the procedures stipulated in Chapters III, IV, V, VI, and VII of the Law on Legislative Acts and the provisions of this Decree;

c) Documents containing general rules of conduct that are applied repeatedly to all subjects or a group of subjects and have effect throughout the country or in specific localities;

General rules of conduct are standards that all agencies, organizations, and individuals must follow when participating in social relations regulated by such rules;

d) Documents for which the State ensures enforcement through measures such as propaganda, education, persuasion, organizational, administrative, and economic measures; in necessary cases, the State enforces compulsory compliance and imposes sanctions on violators;

2. Documents also issued by state agencies with authority but lacking the above elements to resolve specific cases involving specific subjects are not legislative acts and are not subject to the Law on Legislative Acts and this Decree, such as decisions on salary increases, awards, disciplinary actions, job transfers, appointments, dismissals of civil servants, decisions on administrative penalties, approval decisions for projects, directives on launching campaigns, commending good people and deeds, and other individual documents;

Article 2. The constitutionality, legality, and consistency of the system of legislative acts of the Government, Prime Minister, Ministries, ministerial-level agencies, government agencies, joint circulars of competent state agencies, between competent state agencies and political-social organizations, legislative acts of People's Councils and People's Committees at all levels

1. Resolutions and Decrees issued by the Government must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President.

2. Decisions and directives issued by the Prime Minister must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, resolutions and decrees of the Government.

3. Decisions, directives, and circulars issued by Ministers, heads of ministerial-level agencies, and heads of government agencies must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister, and legislative acts of Ministries, ministerial-level agencies, and government agencies regarding sectoral management.

4. Joint resolutions and circulars issued by central state agencies or by central state agencies and political-social organizations must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, resolutions and decrees of the Government, and decisions and directives of the Prime Minister.

5. Resolutions issued by People's Councils and decisions and directives issued by People's Committees at all levels must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister, and documents from higher-level state agencies.

Legislative acts of the Government, Prime Minister, Ministries, ministerial-level agencies, government agencies, joint resolutions, and circulars between central state agencies, between central state agencies and political-social organizations, and legislative acts of People's Councils and People's Committees at all levels that contravene the Constitution, laws, and documents from higher-level state agencies must be suspended and revoked by competent state agencies according to current laws.

Article 3. Numbering and designation of legislative acts

1. When issuing legal normative documents, they must be numbered in sequence according to the year of issuance and have a specific code for each type of document.

2. The numbering must start from number 01 for each type of document issued in that year.

The year of issuance of a document must be fully recorded.

3. Designation of legislative acts issued by the Government, Prime Minister, Ministers, heads of ministerial-level agencies, and heads of government agencies, and joint legislative acts issued by central state agencies or by central state agencies and political-social organizations shall be as follows:

a) Resolutions and Decrees issued by the Government: Number../199../NQ-CP; Number.../199../NĐ-CP;

b) Decisions and Directives issued by the Prime Minister: Number../199../QĐ-TTg; Number../199../CT-TTg;

c) Decisions, Directives, and Circulars issued by Ministers, heads of ministerial-level agencies, and heads of government agencies: Number../199../QĐ- (abbreviation of the issuing agency), for example, Decision No. 01 dated January 20, 1997, issued by the Ministry of Justice is designated as: Number 01/1997/QĐ-BTP; Number../199../CT- (abbreviation of the issuing agency), for example, Directive No. 01 dated January 25, 1997, issued by the Ministry of Finance is designated as: Number 01/1997/CT-BTC; Number../199../TT- (abbreviation of the issuing agency), for example, Circular No. 01 dated August 25, 1997, issued by the Ministry of Industry is designated as: Number 01/1997/TT-BCN;

d) Joint Resolution, Joint Circular: Number .../199.../NQLT - (abbreviation of the issuing agency or organization), for example: The Joint Resolution number 05 dated September 18, 1997 issued by the Vietnam General Confederation of Labor and the Ministry of Finance is numbered as: Number 05/1997/NQLT - TLĐLĐ - BTC; Number .../199.../TTLT - (abbreviation of the issuing agency), for example: The Joint Circular number 01 dated September 15, 1997 issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs is numbered as: Number 01/1997/TTLT -BTC - BLĐTB và XH.

Article 4. Sending Regulatory Legal Documents

1. Within the shortest period of two days from the date of publication or signing of issuance of regulatory legal documents, the Government Office shall be responsible for sending regulatory legal documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister to Ministries, agencies at the level of ministries, government agencies, relevant political-social organizations, People's Councils, People's Committees of provinces and centrally governed cities.

2. Within the shortest period of two days from the date of signing of issuance, Ministries, agencies at the level of ministries, government agencies must send regulatory legal documents issued by themselves to the Government, central state agencies, relevant political-social organizations, People's Councils and People's Committees of provinces and centrally governed cities.

3. Within the shortest period of two days from the date of signing of issuance, People's Councils, People's Committees of provinces and centrally governed cities must send regulatory legal documents issued by themselves to the Government, relevant agencies and organizations, People's Councils and People's Committees of lower levels.

4. Regulatory legal documents issued by central state agencies, regulatory legal documents issued by People's Councils, People's Committees shall be sent and kept on the wide-area computer network of the Government and have the same value as the original.

5. Upon receipt of regulatory legal documents, including those received through the wide-area computer network of the Government, relevant state agencies and organizations shall be responsible for organizing their implementation.

6. The Government Office shall specify the organization, management, use and inspection of the wide-area computer network of the Government.

Article 5. Publishing the Official Gazette

1. Regulatory legal documents issued by central state agencies must be published in the Official Gazette of the Socialist Republic of Vietnam within the latest period of fifteen days from the date of publication or signing of issuance.

2. Regulatory legal documents issued by central state agencies must be sent to the Government Office within the latest period of two days from the date of publication or signing of issuance to ensure timely publication in the Official Gazette.

3. The Official Gazette shall be publicly announced and widely distributed among state agencies, social organizations, economic organizations, armed forces units and among the people, including individuals, organizations, foreign agencies.

4. Regulatory legal documents published in the Official Gazette have the same value as the original.

5. The Government Office shall be responsible for publishing the Official Gazette of the Socialist Republic of Vietnam.

Article 6. Announcing, Publishing and Broadcasting the Content of Regulatory Legal Documents

Regulatory legal documents must be announced on mass media.

Central and local press agencies, Vietnam Television, Voice of Vietnam Radio, local television and radio stations shall be responsible for announcing, publishing, broadcasting the full text or main contents of regulatory legal documents to widely publicize regulatory legal documents.

Article 7. Translating Regulatory Legal Documents into Foreign Languages

1. Regulatory legal documents that have been published or signed can be translated into foreign languages.

2. Agencies, organizations, individuals translating regulatory legal documents into foreign languages shall be responsible for the content of their translations.

Translating regulatory legal documents into foreign languages must ensure the accuracy of the content of the regulatory legal documents being translated, and the wording in the translation must be accurate.

Translations of regulatory legal documents into foreign languages only have reference value.

3. The Ministry of Justice shall coordinate with the Ministry of Culture, Sports and Tourism to select some publishers to implement the publication and distribution of translations of regulatory legal documents into foreign languages.

Article 8. Adhering to Regulations on Protecting State Secrets

Sending regulatory legal documents as prescribed in Article 4, publishing in the Official Gazette as prescribed in Article 5, announcing, publishing and broadcasting as prescribed in Article 6, and translating into foreign languages as prescribed in Article 7 of this Decree must comply with regulations on protecting state secrets.

Chapter II

PREPARING THE PROGRAM OF THE NATIONAL ASSEMBLY ON LEGISLATION AND THE PROGRAM OF THE GOVERNMENT ON ISSUANCE OF RESOLUTIONS AND DECREES

Article 9. Proposing the Program for Legislation and Issuance of Resolutions and Decrees of the Government

1. Based on Clause 1 of Article 22 and Article 59 of the Law on Issuing Regulatory Legal Documents and the management requirements of the sectors and fields under their responsibility, Ministers, Heads of agencies at the level of ministries, and Heads of government agencies shall propose the development of laws, ordinances, resolutions, and decrees to be submitted to the Government.

Legal affairs organizations in Ministries, agencies at the level of ministries, and government agencies shall be responsible for assisting Ministers, Heads of agencies at the level of ministries, and Heads of government agencies in preparing proposals for the development of laws, ordinances, resolutions, and decrees to be submitted to the Government.

2. The annual proposal for the development of laws and ordinances of Ministries, agencies at the level of ministries, and government agencies must be decided by the Minister, Head of the agency at the level of ministries, or Head of the government agency and sent to the Ministry of Justice and the Government Office, specifying the necessity of issuing the document, the subject and scope regulated by the document, the time of submission, and the necessary conditions to ensure the drafting of the document.

3. Annual proposals for the development of laws and ordinances must be sent to the Ministry of Justice and the Government Office no later than July 15 of the previous year. Proposals for the development of laws and ordinances during the term of the National Assembly must be sent to the Ministry of Justice and the Government Office no later than July 15 of the year ending the term of the previous National Assembly session.

Proposals from ministries, ministerial-level agencies, and government-affiliated agencies for the annual resolution and decree construction program of the Government shall be submitted to the Government Office and the Ministry of Justice no later than October 15th of the preceding year, clearly stating the necessity for issuance, the subjects, scope of regulation of the legal document, the issuance deadline, and the implementation plan when the legal document is issued.

4. Based on the compilation of the annual resolution and decree construction programs proposed by ministries, ministerial-level agencies, and government-affiliated agencies, the Government Office shall establish the Government's resolution and decree construction program on a quarterly, semi-annual, and annual basis for submission to the Government for decision.

Article 10. Compilation of proposals and submission to the Government for decision regarding the proposed program for law and ordinance construction, the program for Government resolution and decree construction.

1. Within ten days from the expiration date of submitting the proposed program for law and ordinance construction, the Ministry of Justice, in coordination with the Government Office, shall draft the Government's proposed program for law and ordinance construction. The proposed program shall be sent to ministries, ministerial-level agencies, and government-affiliated agencies for comments. No later than seven days from receiving the proposed program, ministries, ministerial-level agencies, and government-affiliated agencies must submit their written comments to the Ministry of Justice and the Government Office.

In accordance with the Prime Minister's directive, the Ministry of Justice, in coordination with the Government Office, shall revise the proposed program for law and ordinance construction for submission to the Government for decision at the August meeting each year.

2. Within ten days from the expiration date of submitting proposals for the resolution and decree construction program, the Government Office, in coordination with the Ministry of Justice, shall prepare the Government's draft program and send it to ministries, ministerial-level agencies, and government-affiliated agencies. No later than seven days from receiving the draft program, ministries, ministerial-level agencies, and government-affiliated agencies must submit their written comments to the Government Office and the Ministry of Justice.

In accordance with the Prime Minister's directive, the Government Office, in coordination with the Ministry of Justice, shall revise the draft program for resolution and decree construction for submission to the Government for decision at the regular end-of-year meeting.

The Government Office is responsible for sending the program for law and ordinance construction, and the program for Government resolution and decree construction to members of the Government and heads of government-affiliated agencies.

Article 11. The Government provides comments on proposals for law and ordinance construction from other agencies, organizations, and proposals for law and ordinance construction and suggestions about laws and ordinances from National Assembly deputies.

1. The Government Office is responsible for collecting all proposals for law and ordinance construction from other agencies, organizations, and proposals for law and ordinance construction and suggestions about laws and ordinances from National Assembly deputies.

2. No later than ten days from receiving the collection of proposals and suggestions about laws and ordinances sent by the Government Office, the Ministry of Justice must submit its written comments to the Government Office.

3. The Government provides written comments on proposals for law and ordinance construction from other agencies, organizations, and proposals for law and ordinance construction and suggestions about laws and ordinances from National Assembly deputies based on the report of the Government Office and the comments of the Ministry of Justice.

Article 12. Proposal to adjust the program for law and ordinance construction, the program for Government resolution and decree construction.

1. In accordance with the Prime Minister's directive and the proposal of ministries, ministerial-level agencies, and government-affiliated agencies, the Ministry of Justice proposes adjustments to the program for law and ordinance construction for the Government's consideration and submission to the Standing Committee of the National Assembly.

2. In accordance with the Prime Minister's directive and the proposal of ministries, ministerial-level agencies, and government-affiliated agencies, the Government Office drafts the proposal to adjust the program for resolution and decree construction for submission to the Government.

The Government Office is responsible for notifying the Government's decision on adjusting the program for law and ordinance construction, and adjusting the program for resolution and decree construction to the Ministry of Justice and relevant ministries, ministerial-level agencies, and government-affiliated agencies.

Article 13. Ensuring the implementation of the program for law and ordinance construction, the program for Government resolution and decree construction.

1. The Government directs the implementation of the program for drafting laws and ordinances presented by the Government to the National Assembly and the Standing Committee of the National Assembly, and the program for Government resolution and decree construction.

2. The Government Office is responsible for urging and inspecting the agency assigned to draft the legal document to ensure the progress of drafting and the deadline for submitting the draft document.

3. The Ministry of Justice, within its functions, duties, and authority, is responsible for participating in the drafting process and reviewing draft laws and ordinances issued by the Government, and providing written comments on draft decisions and directives issued by the Prime Minister.

4. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies must regularly direct and promptly provide comments on the implementation of the program for law and ordinance construction, and the program for Government resolution and decree construction drafted by their respective ministries and sectors.

Legal affairs departments of ministries, ministerial-level agencies, and government-affiliated agencies are responsible for assisting ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies in implementing the program for drafting legal documents, ensuring that the documents are legally sound, of high quality, and submitted within the prescribed deadlines.

5. The budget for constructing legal documents is provided by the state budget.

Within sixty days from the effective date of this Decree, the Minister of Finance, in coordination with the Minister of Justice and relevant agencies, shall submit regulations on the use of funds for constructing legal documents to the Prime Minister for issuance.

Chapter III

DRAFTING PROJECTS FOR LAWS AND ORDINANCES, DRAFT LEGAL DOCUMENTS OF THE GOVERNMENT, PRIME MINISTER, MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-AFFILIATED AGENCIES

Article 14. Establishing the Drafting Board

1. The Government delegates to the agency assigned to lead the drafting process the authority to establish the Drafting Board for legislative projects and ordinances to be submitted to the National Assembly and the Standing Committee of the National Assembly by the Government, and for draft decrees as specified in Point b, Clause 2, Article 56 of the Law on Enacting Legal Normative Documents, except where the Government establishes the Drafting Board itself.

2. The agency assigned to lead the drafting process shall establish the Drafting Board for draft resolutions and other decrees of the Government.

3. The Drafting Board shall undertake the drafting of legislative projects, ordinances, draft resolutions, and decrees. The Drafting Board shall consist of representatives with authority from relevant Ministries, agencies at the Ministerial level, and government agencies; the head of the leading drafting agency shall serve as the Chair of the Drafting Board.

The Drafting Board shall have an editorial team appointed by the Chair of the Drafting Board. Members of the editorial team shall include lawyers, scientists, and experts knowledgeable about the specialized issues within the content of the legislative project or draft legal normative document.

4. When deemed necessary, the Prime Minister may establish an Expert Group under direct guidance of the Prime Minister to perform the tasks of the Drafting Board or to revise draft laws, ordinances, resolutions, and decrees of the Government before submission or issuance.

5. Agencies with members in the Drafting Board shall be responsible for providing written comments on the content of legislative projects and draft documents related to their managed sectors or fields.

6. The drafting of legal normative documents by the Prime Minister, Ministers, heads of agencies at the Ministerial level, and heads of government agencies shall be carried out in accordance with Articles 65 and 66 of the Law on Enacting Legal Normative Documents.

Article 15. Responsibilities of the Drafting Board

To ensure the quality and timely submission of legislative projects, ordinances, draft resolutions, and decrees, the Drafting Board must fully comply with the provisions of Articles 26 and 61 of the Law on Enacting Legal Normative Documents, and shall have the following responsibilities:

1. Regularly report to the Government Office and the Ministry of Justice on the progress and quality of the drafting of legislative projects, ordinances, draft resolutions, and decrees.

2. Timely report and seek directives from the Government and the Prime Minister regarding new, complex issues and differing opinions.

3. Ensure the quality of the drafting of documents; the contents of articles and clauses of the documents must be clearly defined to allow immediate implementation upon effectiveness.

In cases where legislative projects or draft legal normative documents require detailed regulations or guidance on implementation, the Drafting Board shall be responsible for drafting or urging, inspecting, and guiding agencies designated by the Government to draft such documents to submit them concurrently with the legislative projects, ordinances, draft resolutions, and decrees to the Government.

4. Identify the names of documents expected to be abolished (abolishing the entire document or part of its content: chapter, section, article, clause, point).

Article 16. Soliciting Opinions on Legislative Projects, Ordinances, Draft Resolutions, and Decrees of the Government

During the drafting of legislative projects and ordinances, and draft resolutions and decrees, the leading drafting agency must organize the solicitation of opinions from relevant agencies, organizations, and individuals.

Within seven days from the date of receipt of the legislative project, ordinance, draft resolution, or decree, the agencies, organizations, or individuals asked for opinions shall be responsible for participating in written comments and sending them to the leading drafting agency. Written comments from Ministries, agencies, or organizations must be signed by the respective Ministers, heads of agencies, or leaders of those organizations. The leading drafting agency shall be responsible for studying, adopting, and revising the legislative project or draft legal normative document and sending the revised project or draft to the Government Office and the Ministry of Justice.

Article 17. Soliciting Opinions from the Standing Committee of the National Assembly on Decrees Regarding Issues of Utmost Necessity but Not Yet Sufficient Conditions for Enactment as Laws or Ordinances

Before drafting the decrees specified in Point b, Clause 2, Article 56 of the Law on Enacting Legal Normative Documents, the Government shall send a presentation on the necessity of issuing the decree and the proposed key issues of the content of the decree to solicit opinions from the Standing Committee of the National Assembly.

Chapter IV

REVIEW AND SUBMISSION OF LEGISLATIVE PROJECTS; LAWS, ORDINANCES, DRAFT RESOLUTIONS, DECREES OF THE GOVERNMENT AND PARTICIPATION IN OPINIONS ON DRAFT DECISIONS, DIRECTIVES OF THE PRIME MINISTER

Article 18. Preparation for Submission of Legislative Projects; Laws, Ordinances, Draft Resolutions, and Decrees of the Government to the Government

The Government Office shall coordinate with the Ministry of Justice and the leading drafting agency to review legislative projects and ordinances, and draft resolutions and decrees before submission to the Government.

In cases where there is consensus to submit legislative projects and ordinances, and draft resolutions and decrees to the Government, the subsequent procedures shall be as follows:

1. For legislative projects and ordinance projects.

The Government Office shall coordinate with the leading drafting agency to organize a meeting to introduce the content of the legislative project and ordinance project to representatives with authority from relevant Ministries, agencies at the Ministerial level, government agencies, and related agencies and organizations.

Within seven days from the date of the meeting introducing the project, the agencies and organizations must study and submit written comments to the leading drafting agencies, the Government Office, and the Ministry of Justice.

The leading drafting agency shall be responsible for studying and adopting the comments of the agencies and organizations to revise the project and send the revised project to the Ministry of Justice for review.

2. For draft resolutions and decrees.

The leading drafting agency shall revise the draft document based on the opinions of the Government Office and the Ministry of Justice and send the revised draft to the Ministry of Justice for review.

Article 19. Review of Legislative Projects; Ordinances, Draft Resolutions, and Decrees of the Government

1. The reviewed legislative projects and ordinances, and draft resolutions and decrees include:

a) Legislative projects and ordinances to be submitted to the National Assembly and the Standing Committee of the National Assembly by the Government;

b) Legislative projects and ordinances to be submitted to the National Assembly and the Standing Committee of the National Assembly by other agencies, organizations, and National Assembly deputies;

c) Draft resolutions and decrees to be submitted to the Government.

2. The Government shall only consider draft Laws and Ordinances to decide on submitting them to the National Assembly, the Standing Committee of the National Assembly, or to participate in providing opinions on draft Laws and Ordinances proposed by other agencies, organizations, or National Assembly delegates, or to review draft Resolutions and Decrees for issuance, after receiving a written report on the examination by the Ministry of Justice.

Article 20. Responsibilities of the agency drafting the draft Law, Ordinance, Resolution, or Decree of the Government

The Minister, Head of a ministry-level agency, or Head of a government-affiliated agency assigned to lead the drafting of the draft Law, Ordinance, Resolution, or Decree shall be responsible for:

1. Sending a letter requesting examination and the dossier of the draft Law, Ordinance, Resolution, or Decree to the Ministry of Justice within the time limit stipulated in Article 22 of this Decree;

2. Providing necessary information and documents related to the draft Law, Ordinance, Resolution, or Decree to the examining agency;

3. Presenting the draft Law, Ordinance, Resolution, or Decree when requested by the Ministry of Justice.

Article 21. Dossier of the draft Law, Ordinance, Resolution, or Decree of the Government for examination

1. The dossier of the draft Law, Ordinance, Resolution, or Decree submitted for examination includes:

a) Letter requesting review;

b) The proposal from the Government regarding the draft Law, Ordinance, Resolution, or Decree;

c) The final version of the draft Law, Ordinance, Resolution, or Decree decided to be submitted to the Government for consideration and the compilation of opinions from relevant ministries and sectors on that draft;

d) A detailed presentation about the draft Law, Ordinance, Resolution, or Decree and the draft guiding documents (if any).

2. The number of dossiers submitted for examination must be at least ten copies.

Article 22. Time limit for submitting the dossier of the draft Law, Ordinance, Resolution, or Decree of the Government for examination

At the latest twenty days before the Government convenes its meeting, the agency drafting the draft Law, Ordinance, Resolution, or Decree must submit the dossier of the draft Law, Ordinance, Resolution, or Decree to the Ministry of Justice for examination.

Article 23. Responsibilities of the Ministry of Justice in examining the draft Law, Ordinance, Resolution, or Decree of the Government

1. Upon receipt of the dossier of the draft Law, Ordinance, Resolution, or Decree, the Ministry of Justice shall promptly organize the examination of the draft Law, Ordinance, Resolution, or Decree. In case of necessity, the Ministry of Justice may request the drafting agency to present the draft, provide information, and supply documents related to that draft.

2. When necessary, invite legal experts, scientists, and specialists knowledgeable about the specialized issues covered by the draft to participate in the examination.

3. Prepare and send the examination report within the time limit specified in Article 26 of this Decree.

Article 24. Scope of Examination

The Ministry of Justice shall examine the subject matter, scope of regulation, feasibility, drafting technique, legal language, and ensure the constitutionality, legality, and consistency of the document within the legal system.

In cases where there are differing opinions between the drafting agency and relevant ministries and sectors on matters concerning the draft Law, Ordinance, Resolution, or Decree of the Government, the Ministry of Justice shall clearly express its viewpoint and propose solutions for those matters with differing opinions.

Article 25. Organization of Examination

1. The Minister of Justice shall organize the examination of the draft Law, Ordinance, Resolution, or Decree of the Government, ensuring the quality and time limit of the examination.

In case of necessity, the Minister of Justice may decide to establish an Examination Council for the draft Law, Ordinance, Resolution, or Decree.

For the draft Law, Ordinance, Resolution, or Decree drafted by the Ministry of Justice, the members of the Examination Council established by the Minister of Justice must include representatives from the Office of the Government and relevant ministries and sectors.

2. The procedures and steps for examining legal regulations shall be specified by the Minister of Justice.

Article 26. Submission of the Examination Report

At the latest five days before the start of the Government's session, the Ministry of Justice shall send the examination report on the draft Law, Ordinance, Resolution, or Decree to the leading drafting agency and the Office of the Government. For the draft Law, Ordinance, Resolution, or Decree drafted by the Ministry of Justice, within the latest five days before the start of the Government's session, the Ministry of Justice must send the Examination Council's opinion along with the draft document to the Office of the Government for preparation for the Government's session.

Article 27. Dossier of the draft Law, Ordinance, Resolution, or Decree submitted to the Government

The leading drafting agency must prepare a complete dossier of the draft Law, Ordinance, Resolution, or Decree for submission to the Government. The dossier includes:

1. The proposal from the Government regarding the draft Law, Ordinance, Resolution, or Decree;

2. The draft Law, Ordinance, Resolution, or Decree;

3. The examination document of the Ministry of Justice on the draft Law, Ordinance, Resolution, or Decree;

4. Opinions on the draft from relevant ministries and sectors;

5. Related documents (if any);

The number of dossiers submitted to the Government according to the requirements of the Office of the Government.

Article 28. Responsibilities of the Office of the Government

Upon receipt of the proposal, draft Law, Ordinance, Resolution, or Decree, the examination document of the Ministry of Justice, and related documents sent by the leading drafting agency, the Office of the Government shall check the procedures and contents of the draft Law, Ordinance, Resolution, or Decree. In case the draft has differing opinions, the Office of the Government shall seek guidance from the Prime Minister and organize a meeting with the leading drafting agency, the Ministry of Justice, and relevant ministries and sectors to handle and propose issues for the Government to discuss and decide.

The Office of the Government shall report to the Government on issues agreed upon by ministries and sectors, and issues with differing opinions in the draft Law, Ordinance, Resolution, or Decree for the Government to discuss and decide.

Article 29. The Government participates in providing opinions on draft Laws and Ordinances prepared by other agencies, organizations, or National Assembly delegates.

1. Within two days from the date of receipt of the draft Law, draft Ordinance, and related documents sent by other agencies, organizations, and National Assembly deputies for the Government's comments, the Office of the Government shall be responsible for sending them to relevant Ministries, ministerial-level agencies, and government agencies for their comments, and sending them to the Ministry of Justice for review.

2. The Ministry of Justice shall be responsible for conducting the review of the draft Law and Ordinance in accordance with Articles 23, 24, and 25 of this Decree. Relevant Ministries, ministerial-level agencies, and government agencies shall be responsible for providing written comments on the contents of the draft directly related to their sectoral management functions and tasks.

Within the latest ten days from the date of receipt of the draft Law and Ordinance, the Ministry of Justice shall send the review report to the Office of the Government.

3. Based on the Ministry of Justice’s review report and the written comments of relevant Ministries, ministerial-level agencies, and government agencies, the Office of the Government shall compile, finalize, and submit to the Prime Minister for consideration the Government's comments on the above draft Laws and Ordinances, and send them to the agency, organization, or National Assembly deputy who drafted the Law or Ordinance.

Article 30. Comments on draft Decisions and Directives of the Prime Minister

1. The Ministry of Justice shall be responsible for providing written comments and bear responsibility for the constitutionality, legality, and consistency within the legal system of the draft Decision or Directive of the Prime Minister before submitting it to the Prime Minister for consideration and issuance. 2. At the latest fifteen days prior to submission to the Prime Minister, the drafting agency of the Decision or Directive shall be responsible for sending the draft Decision or Directive file to the Ministry of Justice.

3. The draft Decision or Directive file for comments includes:

a) A letter requesting participation in the opinion;

b) A proposal to the Prime Minister regarding the draft Decision or Directive;

c) The draft Decision or Directive and a summary of opinions from Ministries and sectors on the draft Decision or Directive.

4. The number of files submitted for comments must be at least five copies.

5. At the latest seven days after receiving the file, the Ministry of Justice shall provide written comments and send them to the main drafting agency.

6. The main drafting agency shall be responsible for revising the draft Decision or Directive to submit to the Prime Minister for consideration and decision.

The file submitted to the Prime Minister includes:

a) A proposal to the Prime Minister regarding the draft Decision or Directive;

b) The draft Decision or Directive;

c) Comments from relevant agencies and organizations;

d) Comments from the Ministry of Justice.

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Effectiveness of the Decree

This Decree shall take effect fifteen days from the date of signature.

Article 32. Responsibility for Implementing the Decree

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.