Circular No. 13/2013/TT-BCT amending and supplementing certain articles of Circular No. 22/2011/TT-BCT dated May 31, 2011, issued by the Minister of Industry and Trade on the construction, examination, and issuance of legal normative documents of the Ministry of Industry and Trade.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 22/2011/TT-BCT dated May 31, 2011 of the Minister of Industry and Trade regarding the establishment, examination, and issuance of legal normative documents of the Ministry of Industry and Trade The Circular amends and supplements certain Articles of Circular No. 22/2011/TT-BCT dated May 31, 2011 of the Minister of Industry and Trade regarding the establishment, examination, and issuance of legal normative documents of the Ministry of Industry and Trade

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

Pursuant to the Ordinance on Consolidation of Legal Normative Documents of the Standing Committee of the National Assembly;

Pursuant to Decree No. 48/2009/NĐ-CP dated May 19, 2009 of the Government stipulating measures to ensure gender equality;

Pursuant to Decree No. 35/2011/NĐ-CP dated May 18, 2011 of the Government on legal measures for national security protection and maintenance of public order and safety;

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

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular amending and supplementing certain Articles of Circular No. 22/2011/TT-BCT dated May 31, 2011 of the Minister of Industry and Trade regarding the establishment, examination, and issuance of legal normative documents of the Ministry of Industry and Trade.

Article 1. Amending and supplementing certain Articles of Circular No. 22/2011/TT-BCT dated May 31, 2011 of the Minister of Industry and Trade regarding the establishment, examination, and issuance of legal normative documents of the Ministry of Industry and Trade

1. Supplementing Point d Clause 1 Article 5 as follows:

"d) Review and determine the contents related to gender equality or gender inequality, discrimination based on gender. In cases where there are contents related to gender equality or gender discrimination, it is necessary to propose policies and measures to implement gender equality and non-discrimination based on gender; determine the necessary human resources and financial resources to implement gender equality in the proposal for establishing legal normative documents of the unit."

2. Supplementing Clause 5, Article 7 as follows:

"5. Before sending the Legal Department for review in relation to laws, ordinances, decrees, and decisions of the Prime Minister, the drafting unit must send the entire file according to Clauses 1, 2, 3, and 4 of this Article to the Ministry of Public Security to seek opinions on compliance with requirements for national security and public order."

3. Supplement Article 14a as follows:

"Article 14a. Incorporating gender equality issues during the drafting of legal normative documents

During the drafting process of legal normative documents related to gender equality, the drafting agency has the responsibility to implement the provisions of Article 8 and Article 10 of Decree No. 48/2009/NĐ-CP dated May 19, 2009 of the Government stipulating measures to ensure gender equality."

4. Amend and supplement Article 15 as follows:

"1. During the drafting process of legal normative documents, the main drafting unit must seek opinions from agencies, organizations, individuals, and direct subjects affected by the document, which may be done through various forms: direct consultation; sending draft documents for comments; organizing seminars; posting on the government's website, the Ministry of Industry and Trade's website, or mass media.

2. For legislative projects and ordinances, the main drafting unit must send draft documents to ministries, ministerial-level agencies, and government agencies to seek opinions. Among these, the opinion of the Ministry of Finance on financial sources, the opinion of the Ministry of Home Affairs on human resources, the opinion of the Ministry of Natural Resources and Environment on environmental impact, the opinion of the Ministry of Foreign Affairs on compatibility with international treaties to which the Socialist Republic of Vietnam is a party, and the opinion of the Ministry of Public Security on national security and public order must be sought.

3. For draft decrees of the Government and decisions of the Prime Minister, circulars of the Minister, the main drafting unit must organize the solicitation of opinions according to the following regulations:

a) For draft decrees of the Government: The main drafting unit must seek opinions from ministries, ministerial-level agencies, government agencies, and direct subjects affected by the document; specify the issues requiring opinions and clearly identify the addresses for receiving comments.

The main drafting unit is responsible for compiling, adopting, and explaining the contents adopted or not adopted from the comments. The document containing the adoption or explanation of comments and the revised draft must be published on the Government's website and the Ministry of Industry and Trade's website.

For draft documents related to the rights and obligations of enterprises, the main drafting unit is responsible for sending them to the Vietnam Chamber of Commerce and Industry to seek opinions from enterprises.

b) For draft decisions of the Prime Minister and circulars of the Minister: The main drafting unit is responsible for organizing the solicitation of opinions from relevant ministries and agencies according to the nature and content of the draft; seeking opinions from direct subjects affected by the document and from agencies, organizations, and individuals as stipulated in Clause 1 of this Article.

If the document contains provisions related to the rights and obligations of enterprises, the main drafting unit is responsible for sending them to the Vietnam Chamber of Commerce and Industry to seek opinions from enterprises.

4. For draft decrees of the Government and decisions of the Prime Minister related to national security and public order, in addition to seeking opinions from agencies, units, organizations, and individuals as stipulated in Clause 3 of this Article, the main drafting unit is responsible for sending the draft document files to the Ministry of Public Security to seek opinions on the impact of the document on national security and public order requirements.

5. The main drafting unit is responsible for compiling opinions according to different groups of subjects; sending them to the Legal Department for publication on the Ministry's website of the document containing the adoption or explanation of comments and the revised draft.

6. The main drafting unit sends the Legal Department to publish the full text of the draft and the report on the impact assessment of the document (for legislative projects and ordinances; draft decrees of the Government), specifying the address and deadline for receiving comments on the Government's website or the Ministry of Industry and Trade's website for at least 60 (sixty) days for agencies, organizations, and individuals to provide comments."

5. Supplementing Clause 4 Article 16 as follows:

"4. During the drafting process of legal normative documents that contain provisions on administrative procedures, the main drafting agency must conduct an impact assessment of the administrative procedure provisions according to the following criteria:
a) The necessity of the administrative procedure;
b) The rationality of the administrative procedure;
c) The legality of the administrative procedure;
d) Compliance costs of the administrative procedure.

The impact assessment of administrative procedures shall be conducted using the form issued by the Minister of Justice."

6. Amend and supplement Article 19 as follows:

"Article 19. Soliciting opinions on administrative procedures stipulated in draft projects and draft normative legal documents

1. Before submitting for review, the main drafting unit must send to solicit opinions from the agency or unit responsible for supervising administrative procedures as follows:

a) Solicit opinions from the Administrative Procedure Supervision Department (under the Ministry of Justice) regarding administrative procedures stipulated in draft laws, ordinances; draft decrees of the Government, draft decisions of the Prime Minister, and draft joint circulars;

b) Solicit opinions from the Legal Affairs Department regarding administrative procedures stipulated in draft circulars of the Minister.

2. The content for opinions on administrative procedures shall be based on the issues specified in Articles 7 and 8 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on Administrative Procedure Supervision.

In cases where necessary, the Legal Affairs Department may organize solicitation of opinions from relevant agencies, organizations, and affected entities through consultations, conferences, seminars, or opinion forms issued by the Ministry of Justice and published on the national database on administrative procedures to compile opinions and submit them to the main drafting unit for review.

3. The main drafting unit is responsible for studying and adopting the opinions of the Legal Affairs Department as stipulated in point b Clause 1 of this Article. If the opinions are not adopted, the main drafting unit must provide a specific written explanation and immediately send all documents to the Legal Affairs Department for review.

7. Amend point d Clause 5 Article 20 as follows:

"d. Report explaining the adoption of opinions on administrative procedures as stipulated in point b Clause 1 Article 19 of this Circular."

8. Supplement Clause 6 Article 23 as follows:

"6. Specific contents: For draft normative legal documents containing provisions on administrative procedures, the Legal Affairs Department is responsible for reviewing administrative procedures according to the criteria specified in Clause 1 Article 10 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on Administrative Procedure Supervision and reflecting this content in the Review Report.

During the review process of normative legal documents related to gender equality, the Legal Affairs Department is responsible for implementing the provisions of Articles 8 and 11 of Decree No. 48/2009/NĐ-CP dated May 19, 2009 of the Government on Measures to Ensure Gender Equality."

9. Amend Clause 1 Article 24 as follows:

"The Legal Affairs Department shall chair the meeting for reviewing normative legal documents. For documents with content related to technical professional factors or with many differing opinions, the Legal Affairs Department may invite representatives from the main drafting unit, drafting team, experts, technicians, and other relevant units to participate in the review meeting."

10. Amend the name of Chapter V to "Issuing, Publishing, Translating, and Consolidating Normative Legal Documents."

11. Amend Clause 2 Article 26 as follows:

"2. Draft circulars submitted for signature by the leadership of the Ministry must include all documents specified in Clause 1 of this Article; abbreviated signatures of the leadership of the main drafting unit; abbreviated signatures of the leadership of the Legal Affairs Department at the bottom right corner of each page of the draft document; and abbreviated signatures of the Director of the Ministry's Office at the final position in the "Recipient" section according to Clause 2 Article 9 of the Regulation (model) on document management and archiving issued together with Circular No. 04/2013/TT-BNV dated April 16, 2013 of the Minister of Home Affairs guiding the establishment of regulations on document management and archiving of agencies and organizations."

12. Amend Clause 2 Article 29 as follows:

"2. Translation of documents shall be carried out in the form of hiring organizations or individuals with expertise."

13. Supplement Article 29a as follows:

"Article 29a. Consolidation of Normative Legal Documents

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

2. Units under the Ministry within their functional and assigned tasks are responsible for primarily implementing the consolidation of normative legal documents drafted by their own units and coordinating with the Legal Affairs Department to submit to the Minister for signing and confirming the consolidated document in accordance with the timeframes specified in Clause 3 Article 6 and Clause 5 Article 7 of the Ordinance on Consolidation of Normative Legal Documents as follows:

a) For the consolidation of normative legal documents of the Government, the Prime Minister, and joint documents between the Government and central agencies of political-social organizations: Within five working days from the date of receipt of the amended or supplemented document sent by the Government Office, the main drafting unit is responsible for consolidating and submitting to the Minister for signing and confirming the consolidated document;

b) For the consolidation of normative legal documents of the Minister: Within five working days from the date of issuance of the normative legal document, the main drafting unit is responsible for consolidating and submitting to the Minister for signing and confirming the consolidated document.

3. After consolidation, the units primarily responsible for consolidation shall proceed to publish the consolidated document on the Electronic Gazette and the Official Portal as follows:

a) For the consolidation of normative legal documents of the Government, the Prime Minister, and joint documents between the Government and central agencies of political-social organizations: The unit primarily responsible for consolidation shall send the consolidated document to the Ministry Office to be forwarded to the Government Office for publication on the Government Official Portal and publication on the Electronic Gazette within two working days from the date the Minister signs and confirms the document;

b) For the consolidation of normative legal documents of the Minister: The unit primarily responsible for consolidation shall send the consolidated document to the Ministry Office for publication on the Official Portal of the Ministry of Industry and Trade and publication on the Electronic Gazette immediately after the Minister signs and confirms the document.

4. Reporting system: The unit primarily responsible for consolidation has the responsibility to report periodically every six months, annually, or urgently to the Legal Affairs Department for consolidation and reporting to the Ministry’s leadership."

14. Repeal point c Clause 2 Article 18 and Appendices 4, 5, and 6 promulgated together with Circular No. 22/2011/TT-BCT dated May 31, 2011 of the Minister of Industry and Trade on the construction, review, and issuance of normative legal documents of the Ministry of Industry and Trade.

Article 2. Responsibilities for Implementation

The leadership of the Ministry, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.

Article 3. Effectiveness

THIS CIRCULAR SHALL TAKE EFFECT FROM THE DATE OF ISSUE.