Circular No. 13/2009/TT-NHNN stipulates the procedures and formalities for drafting and promulgating regulatory legal documents of the State Bank of Vietnam.

CIRCULAR

Regulations on the procedures and processes for drafting and promulgating legal normative documents of the State Bank of Vietnam

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Pursuant to the Law on Legislative Activities dated June 3, 2008;

Pursuant to Decree No. 24/2009/ND-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Regulatory Legal Documents;

Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Based on Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating functions, tasks, powers, and organizational structure of legal departments of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, and state-owned enterprises;

The State Bank of Vietnam specifically stipulates the procedures and processes for drafting and promulgating legal normative documents of the State Bank of Vietnam as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular prescribes the procedures and processes for drafting and promulgating legal normative documents in the fields of currency and banking activities issued by the Governor of the State Bank of Vietnam (referred to as the Governor) or submitted to competent authorities for issuance.

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

a. Draft projects and draft legal normative documents submitted by the Governor to competent authorities for issuance include: Law, Resolution of the National Assembly; Ordinance, Resolution of the Standing Committee of the National Assembly; Decree of the Government; Decision of the Prime Minister; Joint Resolution between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations;

b. Legal normative documents within the authority to issue of the Governor include: Circulars, joint circulars.

Article 2. Applicability

This Circular applies to units under the State Bank of Vietnam (referred to as the State Bank) involved in the process of drafting and promulgating legal normative documents on currency and banking activities.

The Governor issues administrative documents in the form of decisions and directives for matters such as approving programs and projects; approving charters of associations and non-governmental organizations; internal operational regulations of the State Bank and its units; launching competitive campaigns; administrative guidance and supervision; urging and inspecting the enforcement of laws and regulatory legal documents and similar matters.

1. For legal normative documents within the authority to issue of the Government, the Prime Minister:

Units under the State Bank, when assigned to be the main drafter (referred to as the main drafting unit) of legal normative documents within the authority to issue of the Government, the Prime Minister, shall base on the provisions of Clause 1 and 2, Article 61 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuance of Legal Normative Documents (referred to as Decree No. 24) to select appropriate forms of documents.

2. For legal normative documents within the authority to issue of the Governor:

a. Circulars of the Governor are issued to specify the following matters:

- Detailed implementation of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; decrees of the Government; decisions of the Prime Minister;

- Regulations on procedures, technical standards, economic-technical norms of the banking industry;

- Measures to implement the State management functions of the State Bank and other issues entrusted by the Government.

b. Joint Circulars between the Governor and Ministers, heads of ministerial-level agencies are issued to guide the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, decrees of the Government, decisions of the Prime Minister related to the functions, tasks, and powers of the State Bank and those ministries, ministerial-level agencies.

c. For issues concerning approval of programs, projects; Approval of charters of associations, non-governmental organizations; Adjustment of internal operation regulations of the State Bank and its units; Launching campaigns; Administrative guidance; Urging and inspecting the implementation of laws, legal normative documents; and similar issues, the Governor issues them in the form of decisions or directives.

Article 4. Language and Format of Regulatory Legal Documents

1. The language and drafting techniques for regulatory legal documents shall be carried out in accordance with the provisions of Article 5 of the Law on Enacting Regulatory Legal Documents.

2. The format of regulatory legal documents shall be implemented in accordance with the provisions of Article 7 of the Law on Enacting Regulatory Legal Documents, Article 60 of Decree No. 24, and guiding documents.

Article 5. Effective Date

1. The effective date of regulatory legal documents shall be specified in such documents but not earlier than forty-five (45) days from the date of publication or issuance.

2. In cases where regulatory legal documents stipulate emergency measures to respond promptly to natural disasters, epidemics, or other emergencies as directed by higher authorities, such documents may take effect from the date of publication or issuance, provided that they are immediately published on the website of the State Bank of Vietnam and reported through mass media; and must be published in the Official Gazette of the Socialist Republic of Vietnam (hereinafter referred to as the Official Gazette) no later than two (2) working days from the date of publication or issuance.

3. Retroactive Effect of Regulatory Legal Documents:

a. Only in truly necessary circumstances may regulatory legal documents specify retroactive effect.

b. Retroactive effect shall not be prescribed in the following cases:

- Imposing new legal liability for actions that were not subject to legal liability at the time of their commission;

- Increasing legal liability.

Article 6. Amending, Supplementing, Replacing, Abolishing, Revoking, or Suspending the Enforcement of Regulatory Legal Documents

Amendments, supplements, replacements, abolitions, revocations, or suspensions of the enforcement of regulatory legal documents issued or jointly issued by the Governor shall be carried out in accordance with the provisions of Article 9 of the Law on Enacting Regulatory Legal Documents.

Article 7. Leadership and Direction of Work on Drafting and Issuing Regulatory Legal Documents

1. The Governor shall be responsible for overall leadership, direction, and assignment of tasks related to drafting, reviewing, and participating in opinions on draft regulatory legal documents to ensure quality and compliance with deadlines as prescribed.

2. Deputy Governors in charge of sectors shall directly direct units under their responsibility in drafting and issuing regulatory legal documents according to the Governor's assignments.

For draft regulatory legal documents with complex contents involving multiple fields or important issues, Deputy Governors in charge of sectors shall report to the Governor for guidance.

3. In the absence of the Governor, the Acting Deputy Governor shall be responsible for directing work on drafting and issuing regulatory legal documents.

Chapter II

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

Article 8. Program for Drafting Regulatory Legal Documents

1. Programs for drafting regulatory legal documents include:

a. Programs for drafting laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly during each term of the National Assembly, as required for state management over currency and banking activities, drafted by the State Bank of Vietnam and submitted to competent authorities for promulgation (hereinafter referred to as the program for drafting laws and ordinances);

b. Programs for drafting decrees of the Government and decisions of the Prime Minister, as required for state management over currency and banking activities, drafted by the State Bank of Vietnam and submitted to competent authorities for promulgation (hereinafter referred to as the program for drafting decrees);

c. Programs for drafting regulatory legal documents within the authority to issue or jointly issue of the Governor (hereinafter referred to as the program for drafting circulars).

2. The Governor shall approve the program for drafting circulars and submit proposals for the programs for drafting laws and ordinances and the program for drafting decrees to the Government and the Prime Minister.

Article 9. Proposing to establish legislative programs and ordinances

1. Responsibilities of units assigned to prepare proposals for drafting laws and ordinances:

Units under the State Bank, when entrusted by the Governor to prepare annual or term proposals for drafting laws and ordinances within their assigned fields, shall have the following tasks:

a. Prepare the proposal dossier for drafting laws and ordinances annually or for the entire term of the National Assembly in accordance with Clause 1, Article 3, Article 4, and Article 5 of Decree No. 24.

b. Submit the proposal dossier for drafting laws and ordinances annually to the Ministry of Finance and the Ministry of Home Affairs for comments in accordance with Clause 3, Article 3 of Decree No. 24.

c. Send the proposal dossier for drafting laws and ordinances annually or for the entire term of the National Assembly to the Legal Department within the following deadlines:

- Not later than 145 days before March 1 of the year preceding the year in which the proposal for drafting laws and ordinances is expected to be submitted to the National Assembly and the Standing Committee of the National Assembly.

- Not later than February 1 of the first year of the term of the National Assembly for the proposal for drafting laws and ordinances according to the term of the National Assembly.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a. The Legal Department has the responsibility to assist the Governor in implementing the tasks prescribed in Clause 2, Article 3 of Decree No. 24;

b. Collect the draft proposal dossier for drafting laws and ordinances annually and for the entire term of the National Assembly prepared by the main drafting units to send to the Ministry of Justice in accordance with Article 4 of Decree No. 24.

Article 10. Proposing to establish a decree program

1. Responsibilities of units preparing proposals for drafting decrees:

Units under the State Bank, when entrusted by the Governor to prepare proposals for drafting decrees within their assigned fields, shall have the following tasks:

a. Prepare the proposal for drafting decrees in accordance with Clause 4, Article 14 of Decree No. 24.

b. Build the proposal dossier for drafting decrees in accordance with Clause 1, Article 15 of Decree No. 24.

c. Submit the proposal dossier for drafting decrees to the Governor for signature and submission to the Ministry of Finance and the Ministry of Home Affairs for comments in accordance with Clause 6, Article 14 of Decree No. 24.

d. Send the proposal dossier for drafting decrees to the Legal Department not later than July 1 of the previous year.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a. Implement the tasks prescribed in Clause 5, Article 14 of Decree No. 24.

b. Submit the proposal for drafting decrees of the State Bank to the Office of the Government and the Ministry of Justice for signature not later than August 1 of the previous year.

Article 11. Establishing and approving the program for drafting circulars

1. By November 1 each year at the latest, units under the State Bank, based on their functions and responsibilities, shall prepare a list of circulars expected to be issued in the next year, submit it to the Deputy Governor responsible for the sector for comments, and send it to the Legal Department after obtaining approval from the Deputy Governor responsible for the sector.

The content of the Proposal must clearly state: necessity for issuance; applicable subjects; scope of regulation; expected issuance time; main drafting unit; cooperating units.

2. By November 30 each year at the latest, the Legal Department shall be responsible for establishing the program for drafting circulars and submitting it to the Governor for approval.

Article 12. Adjusting the program for drafting regulatory legal documents

1. For the program for drafting laws, ordinances, and decrees:

The main drafting unit proposes adjustments to the program for drafting laws, ordinances, and decrees in accordance with the cases specified in Clause 1, Article 12 of Decree No. 24, specifically as follows:

a. Program for drafting laws and ordinances: The main drafting unit implements the task of building proposals to supplement, remove from, or adjust the timing of submitting draft laws and ordinances in accordance with Clause 2, Article 12 of Decree No. 24, submits it to the Deputy Governor responsible for the sector for comments, and sends it to the Legal Department for consolidation and submission to the Governor for signature and submission to the Ministry of Justice for the Prime Minister's decision.

b. Program for decrees: The main drafting unit reports to the Deputy Governor responsible for the sector for comments and sends it to the Legal Department. The Legal Department reviews and consolidates the proposals of the units, reports, and submits them to the Governor for decision on adjusting the program for drafting decrees in accordance with Clause 2, Article 19 of Decree No. 24;

2. For adjustments (supplement, replace, remove from the program, or other changes) to the program for drafting circulars, the main drafting unit reports to the Deputy Governor responsible for the sector and sends it to the Legal Department. The Legal Department examines and consolidates the proposals of the units, reports, and submits them to the Governor for decision on adjusting the program for drafting circulars.

Article 13. Monitoring, Urging, and Reporting on the Progress of Implementing the Program for Drafting Legal Normative Documents

1. Responsibilities of the Leading Units in Drafting:

On the 5th day of the first month of each quarter, the leading units in drafting shall be responsible for submitting to the Legal Affairs Department a report on the implementation of the program for drafting circulars; the progress of drafting laws, ordinances, decrees in the previous quarter. In cases where the progress of drafting circulars registered in the annual program for drafting circulars of the unit is delayed, the report must provide the reasons and causes of the delay.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a. Assist the Governor in monitoring and urging the units under the State Bank to organize the implementation of research and drafting work on assigned projects and draft legal normative documents; report to the Governor on issues arising during the implementation of the program for drafting circulars, drafting laws, ordinances, and decrees;

b. On the 15th day of the first month of each quarter, the Legal Affairs Department shall be responsible for compiling and presenting to the Governor:

- A report on the implementation of the program for drafting circulars in the previous quarter;

- A report on the progress of drafting decrees and difficulties encountered during the drafting process of decree drafts in the previous quarter to be sent to the Government Office;

- A report on the implementation of the annual program for drafting laws and ordinances and the progress of drafting law and ordinance projects in the previous quarter to be sent to the Ministry of Justice.

Article 14. Impact Assessment of Legal Normative Documents

1. When preparing proposals for drafting laws, ordinances, and decrees, the leading units in drafting shall be responsible for establishing a preliminary impact assessment report on the legal normative document in accordance with Article 37 of Decree No. 24.

2. Based on the results of the preliminary impact assessment, the leading units in drafting shall be responsible for establishing an impact assessment report before and during the drafting process of the legal normative document in accordance with Article 38 of Decree No. 24.

3. Three years after the effective date of the law, ordinance, or decree, the leading units in drafting shall be responsible for establishing a post-enactment impact assessment report on the legal normative document in accordance with Article 39 of Decree No. 24.

Article 15. Responsibilities for Monitoring and Evaluating the Implementation of Legal Normative Documents

1. Responsibilities of the Leading Units in Drafting:

a. The leading units in drafting shall be responsible for annually evaluating the implementation of legal normative documents they have drafted to promptly urge and organize the implementation, guide the implementation of the legal normative document, or propose to the competent authority to amend, supplement, or abolish provisions that are no longer appropriate.

The content of the evaluation of the implementation of legal normative documents shall be carried out in accordance with Clause 2 of Article 63 of Decree No. 24.

b. Submit the report on the evaluation of the implementation of legal normative documents they have drafted to the Legal Affairs Department no later than October 1st each year.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a. Carry out the tasks specified in Clause 4 of Article 63 of Decree No. 24.

b. Submit reports on the evaluation of the implementation of laws, ordinances, decrees, and decisions of the Prime Minister concerning monetary matters and banking activities within the scope and responsibilities of management of the State Bank, as stipulated in Clause 2 of Article 63 of Decree No. 24, to the Ministry of Justice no later than October 30th each year for consolidation and presentation to the Government.

Chapter III

DRAFTING AND ISSUANCE OF NORMATIVE LEGAL DOCUMENTS

Article 16. Procedures for drafting laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister

The drafting of laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government; and decisions of the Prime Minister shall be carried out in accordance with the provisions of Sections 1 and 2 of Chapter II of Decree No. 24 and related provisions in the Law on Enacting Legal Normative Documents.

Article 17. Procedures for drafting circulars of the State Bank

1. Based on the annual Circular Construction Program approved by the Governor, the leading unit responsible for drafting the document shall be responsible for drafting the circular draft and the report on the issuance of the circular.

The content of the report must clearly state the necessity of issuing the document; the subjects and scope regulated by the document; the drafting process and soliciting opinions from relevant agencies, organizations, and individuals; issues with differing opinions; explaining the main contents of the document, including the objectives and key policy issues to be resolved, solutions to these issues, positive and negative impacts of the proposed solution based on qualitative or quantitative analysis of costs and benefits, and clearly stating the optimal solution to address the issue.

2. The leading unit responsible for drafting shall be responsible for coordinating with the Legal Department and related units to summarize the implementation of laws; survey and evaluate the current social relations in the relevant field; study relevant information and documents; prepare outlines, compile, and revise the draft; organize the solicitation of opinions; prepare the report and related documents for the draft.

3. During the drafting process, the leading unit may mobilize the participation of research institutes, universities, associations, other related organizations, or qualified and capable experts and scientists in summarizing and evaluating the implementation of laws; reviewing and assessing existing legal normative documents; conducting surveys and sociological investigations; evaluating the current social relations related to the draft content; collecting, studying, and comparing relevant materials and international treaties related to the draft.

4. Soliciting opinions during the drafting of the circular shall be carried out in accordance with Clause 5 of Article 31 of Decree No. 24 and Article 19 of this Circular.

5. The Legal Department shall be responsible for examining the circular draft. The leading unit responsible for drafting shall be responsible for researching and incorporating examination opinions to perfect the draft and dossier before submitting to the Governor for signature and issuance.

Article 18. Procedures for drafting and promulgating joint circulars

The procedures for drafting and promulgating joint circulars between the Governor and Ministers, heads of ministerial-level agencies shall be implemented in accordance with Article 36 of Decree No. 24.

Article 19. Soliciting Opinions

1. Soliciting opinions on draft laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government; and decisions of the Prime Minister shall be carried out in accordance with Article 27 of Decree No. 24 and related provisions in the Law on Enacting Legal Normative Documents.

2. For draft circulars, soliciting opinions shall be carried out in accordance with Clause 5 of Article 31 of Decree No. 24, specifically as follows:

a. Soliciting opinions from relevant units within the State Bank:

- The head of the leading unit responsible for drafting reviews the content of the draft and reports to the Governor and Deputy Governor in charge of the sector about the content and form of soliciting opinions in accordance with Clause 2 of Article 35 of the Law on Enacting Legal Normative Documents before sending it to solicit opinions from relevant units. In cases where it is necessary to expedite the drafting progress, the leading unit responsible for drafting may consider soliciting opinions on issues directly related to the functions and responsibilities of each unit and other important contents.

- The head of the unit asked for opinions is responsible for responding within a maximum period of seven working days from the date of receipt of the request for participation in the opinion. In case of necessity and with the agreement of the Governor and Deputy Governor in charge of the sector, the leading unit responsible for drafting may propose a shorter response time than that mentioned above, but at least three working days. The unit asked for opinions is responsible for responding according to the deadline stated in the letter requesting opinions.

- If the unit asked for opinions does not send a reply within the above period, it will be considered as agreeing with the content of the draft. The head of the unit asked for opinions must bear responsibility before the Governor for not participating or delaying participation in the opinion and any resulting difficulties related to the content under the management responsibility of the unit.

b. Soliciting opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document:

- The head of the leading unit responsible for drafting is responsible for proposing to the Governor a list of agencies, organizations, and individuals to solicit opinions on the draft content and the method of soliciting opinions for the document assigned to draft and submit to the Governor for approval through the request for opinions.

For drafts related to the rights and obligations of enterprises, the leading unit responsible for drafting is responsible for submitting to the Governor for signing a letter to the Vietnam Chamber of Commerce and Industry to solicit opinions from enterprises.

- The time for soliciting opinions from agencies, organizations, individuals, and direct subjects affected by the legal normative document must ensure at least twenty working days from the date the draft is put out for soliciting opinions.

3. In urgent cases, if organizing solicitation of opinions from agencies and units in writing may delay the progress and fail to meet the timely requirements of work, the head of the leading unit responsible for drafting may invite a meeting directly to solicit opinions after obtaining the consent of the Deputy Governor in charge of the sector. When holding a meeting, detailed minutes must be recorded regarding the contents related to the project and draft, and the opinions expressed at the meeting.

Article 20. Compilation, Incorporation of Opinions, and Revision of Draft Projects and Drafts

1. Within a maximum period of 15 working days from the date of expiration of the deadline for providing opinions recorded in the letter sent to solicit opinions from agencies, units, organizations, and individuals on the draft circular, the leading unit responsible for drafting shall be responsible for compiling, explaining the incorporation of opinions, revising the draft project or draft document to report to the Governor and Deputy Governors in charge of blocks regarding progress, content, complex issues with differing opinions, and requesting guidance.

2. Within a maximum period of 15 working days from the date of expiration of the deadline for providing opinions recorded in the letter sent to solicit opinions from agencies, units, organizations, and individuals on the draft regulatory legal document submitted by the State Bank for approval by competent authorities, the leading unit responsible for drafting shall be responsible for compiling, explaining the incorporation of opinions, revising the draft project or draft document to report to the Drafting Board and the Governor regarding progress, content, complex issues with differing opinions, and requesting guidance.

3. Soliciting collective opinions from the State Bank's leadership is mandatory for draft laws and resolutions of the National Assembly; draft ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government; decisions of the Prime Minister.

4. After receiving opinions from the State Bank's leadership, the leading unit responsible for drafting and the Editorial Team, Drafting Team (if any) shall be responsible for revising the draft document again, if deemed necessary, they may continue to solicit opinions from relevant agencies, units, organizations, and individuals both inside and outside the State Bank.

Article 21. Examination of Draft Circulars

After revising the draft circular according to the opinions provided by relevant agencies, units, organizations, and individuals, the leading unit responsible for drafting shall submit the examination dossier of the draft circular to the Legal Department for examination in accordance with the following provisions:

1. The Legal Department shall be responsible for examining the draft circular prepared by units under the State Bank before submitting it to the Governor for signing and promulgating in accordance with Article 49 of Decree No. 24.

2. Leading units responsible for drafting shall be responsible for implementing the provisions stipulated in Clause 1, Article 50 of Decree No. 24 and preparing the examination dossier to send to the Legal Department.

The examination dossier includes:

- A letter requesting examination;

- The draft proposal to the Governor, which clearly states the necessity of issuing the document; the subjects and scope regulated by the document; the drafting process and solicitation of opinions from agencies, units, organizations, and individuals; issues with differing opinions; explanation of the main content of the document, including the objectives and key policy issues to be resolved, solutions to these issues, positive and negative impacts of the solutions based on qualitative or quantitative analysis of costs and benefits, clearly stating the optimal solution to resolve the issue;

- A summary of opinions and explanations of the incorporation or non-incorporation of opinions from agencies, units, organizations, and individuals whose opinions were sought;

- The draft document after incorporating opinions from agencies, units, organizations, and individuals;

- Other relevant documents (if any).

3. Examination Period: The maximum examination period is seven working days, starting from the day the Legal Department receives all the dossier.

4. Content of Examination: The Legal Department shall be responsible for examining the draft document according to the contents stipulated in Clause 3, Article 36 of the Law on Issuing Regulatory Legal Documents.

5. The final examination result is reflected by affixing the examination stamp of the Legal Department, as follows:

After the leading unit responsible for drafting revises the draft according to the examination opinions, the Legal Department affixes the examination stamp on the draft and the leading unit responsible for drafting submits it to the Governor for signing and promulgating.

In case there are still differing opinions, the Legal Department sends a letter retaining its opinion to the leading unit responsible for drafting. The leading unit responsible for drafting reports to the Governor for consideration and decision. The Legal Department affixes the examination stamp according to the Governor's instructions.

In case the Legal Department works directly with the leading unit responsible for drafting and fully agrees with the final draft content before submission to the Governor for signing and promulgating, the Legal Department affixes the examination stamp on the draft.

6. For draft documents prepared by the Legal Department as the leading unit without following the provisions of this Article, the examination result is reflected by affixing the examination stamp.

Article 22. Signing and Issuing Circulars

1. Before submitting to the Governor for consideration and decision on signing and issuing circulars, the head of the main drafting unit shall sign at the end of their title in the document and be responsible for the content of the document.

2. The Governor is authorized to sign and issue circulars or joint circulars, or may delegate this authority to the Deputy Governor in his absence.

Article 23. Issuance, Publication in the Official Gazette, Sending, and Announcing Information Regarding Legal Normative Documents that are Circulars

1. Issuance of Documents

a. After the document is signed by the Governor, the main drafting unit is responsible for sending two original copies along with an electronic data file and ensuring the accuracy of the electronic data file version of the document compared to the draft original.

b. The Office is responsible for numbering the document; printing, ensuring the accuracy of printed materials compared to the corrected original; affixing seals; retaining; sending the document to organizations and individuals listed under "recipients" and returning the signed submission files to the main drafting unit.

The head of the main drafting unit is responsible for assigning personnel to coordinate and ensure the printing and issuance of legal normative documents, timely and accurately publishing them in the Official Gazette.

2. Publication in the Official Gazette, Sending, and Announcing Documents

a. Publishing in the Official Gazette, sending, and announcing information about legal normative documents shall be carried out in accordance with the Law on Enacting Legal Normative Documents, guiding documents, and regulations on protecting state secrets.

b. Within the latest two working days from the date of issuing the document, the Office is responsible for:

- Sending the original document along with the electronic data file to the Government Office for publication in the Official Gazette according to the publication regulations and for posting on the Government's website.

- Sending the document to relevant agencies and units listed in the recipient section of the document.

- Posting on the State Bank of Vietnam’s website.

c. Within the latest three working days from the date of issuing the document, the Office sends the legal normative document of the State Bank to the Department of Legal Review under the Ministry of Justice, relevant ministries, sectors, and agencies, and the Legal Affairs Department for review according to their authority.

3. After promulgation, legal normative documents must be disseminated to related units, organizations, and individuals. For legal normative documents with broad scope affecting multiple areas of work, the Legal Affairs Department is responsible for organizing publicity and dissemination to those responsible for implementation, coordinating with the main drafting unit.

Article 24. Correcting Legal Normative Documents

1. If errors are found in legal normative documents after promulgation and publication in the Official Gazette, they must be corrected:

a. If the error is the responsibility of the State Bank, the main drafting unit must prepare a correction document for the Governor to sign and send to relevant agencies and the Official Gazette regarding the correction of the erroneous document.

The correction must be reflected in a decision by the Governor.

b. If the error is the responsibility of the Government Office (Official Gazette), the State Bank Office must prepare a letter for the Governor to sign requesting the Government Office to issue a correction document.

2. Corrections to legal normative documents already issued or published in the Official Gazette must be based on comparison with the original document and should not change the content of the provisions in the original document. Corrections are only made for typographical errors or errors in the format and presentation of legal normative documents. Corrections do not apply to errors in the basis for issuance, authority, or content of legal normative documents.

In cases where legal normative documents have errors in authority or content, such documents will be suspended from enforcement and dealt with promptly according to the law.

3. The correction document must be published in the Official Gazette.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Budget for drafting regulatory legal documents and perfecting the legal system

1. The budget for drafting regulatory legal documents and perfecting the legal system shall be implemented in accordance with Article 67 of Decree No. 24, the guidance of the Ministry of Finance and the State Bank on managing and using state budget funds to ensure the work of drafting and promulgating regulatory legal documents.

2. Heads of units under the State Bank, based on assigned tasks for drafting and promulgating regulatory legal documents, shall be responsible for proposing coordination with the Financial and Accounting Department, Legal Affairs Department, and Administrative Services Department to allocate the necessary budget and other required conditions to ensure the work of drafting and promulgating regulatory legal documents.

Article 26. Responsibilities for complying with regulations on procedures and formalities for drafting and promulgating regulatory legal documents

1. Responsibilities of the Leading Units in Drafting:

Units primarily responsible for drafting shall be responsible for complying with the provisions of the Law on Issuing Regulatory Legal Documents, guiding documents, and the provisions set forth in this Circular.

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

- Monitoring, urging, and guiding units to comply with the procedures and formalities for drafting and promulgating regulatory legal documents of the State Bank;

- Timely reporting to the Governor about difficulties and obstacles arising and violations by units primarily responsible for drafting to facilitate appropriate handling.

Article 27. Effective Date

This Circular takes effect from September 1, 2009.

This Circular replaces Decision No. 180/2005/QD-NHNN dated February 21, 2005 of the Governor of the State Bank issuing the Regulation on Issuing Regulatory Legal Documents of the State Bank and Decision No. 1411/2005/QD-NHNN dated September 28, 2005 amending certain articles of the Regulation on Issuing Regulatory Legal Documents of the State Bank issued together with Decision No. 180/2005/QD-NHNN.

Article 28. Implementation Provisions

The Director of the Office, Heads of the Legal Affairs Department, and Heads of units under the State Bank are responsible for implementing this Circular./.