Decree No. 154/2020/ND-CP amending and supplementing certain articles of Decree No. 34/2016/ND-CP dated May 14, 2016, of the Government detailing some provisions and measures for implementing the Law on Enacting Legal Normative Documents.

DECREE
Amending and supplementing some articles of Decree No. 34/2016/NĐ-CP

dated May 14, 2016 detailing certain provisions

Decree No. 154/2020/NĐ-CP dated December

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

At the proposal of the Minister of Justice;

The Government promulgates this Decree to amend and supplement some articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016, which details certain provisions and measures for implementing the Law on Legislative Acts.

Circular No. 03/2023/TT-BCA Decree No. 34/2016/NĐ-CP dated May 14, 2016, which details certain provisions and measures for implementing the Law on Legislative Acts

1. Supplement Point g1 following Point g, Clause 3, Article 3 as follows:

"g1) Resolutions regarding programs, projects, plans;"

2. Amend and supplement Clause 3 and Clause 4, Article 4 as follows:

"3. Decrees of the Government as provided for in Clause 3, Article 19 of the Law.

4. Resolutions of the People's Councils at provincial level as provided for in Clause 4, Article 27 of the Law."

3. Amend and supplement some clauses of Article 6 as follows:

a) Amending and supplementing Clause 2 and Clause 3 as follows:

2. Social impact is assessed based on analysis and forecasting of impacts on one or more aspects concerning population, employment, property, health, environment, healthcare, education, transportation, poverty reduction, traditional cultural values, community cohesion, society, ethnic policies (if applicable), and other relevant social issues.

3. Gender impact (if applicable) is assessed based on analysis and forecasting of economic and social impacts related to opportunities, conditions, capabilities to implement and enjoy rights and benefits of each gender.

b) Amend and supplement Clause 5 as follows:

5. Impact on the legal system is assessed based on analysis and forecasting of impacts on the consistency and synchronization of the legal system; the ability of agencies, organizations, and individuals to enforce and comply with laws; and Vietnam’s ability to enforce and comply with international treaties to which the Socialist Republic of Vietnam is a party.

4. Supplement Clause 3a following Clause 3, Article 25 as follows:

"3a. Provide written responses to the social feedback from the Vietnam Fatherland Front in cases where the Vietnam Fatherland Front provides social feedback on draft legislative acts."

5. Amend and supplement Article 28 as follows:

"Article 28. Responsibilities for proposing and compiling lists of detailed regulations for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President

1. Ministries and ministerial-level agencies primarily responsible for drafting laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, which contain provisions delegated for detailed regulation, shall be responsible for:

a) Proposing a list of detailed regulations for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, specifying the name of the detailed regulation; the article, clause, point delegated for detailed regulation; the proposed name of the detailed regulation; the primary drafting agency, coordinating agencies; and the deadline for submission for issuance;

b) Compiling a list of contents of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President delegated for detailed regulation by localities;

c) Submitting the list of detailed regulations as stipulated in Point a, Clause 1 of this Article and the list of contents delegated for detailed regulation as stipulated in Point b, Clause 1 of this Article to the Ministry of Justice within fifteen days from the date of passage of the law, resolution of the National Assembly, ordinance, or resolution of the Standing Committee of the National Assembly; and within seven days from the date of signing and issuance of the decree or decision of the President.

2. The Ministry of Justice shall be responsible for:

a) Receiving and consolidating proposals to compile the list of detailed regulations as stipulated in Point a, Clause 1 of this Article; organizing meetings with ministries and ministerial-level agencies primarily responsible for drafting and relevant agencies to unify opinions on the list of detailed regulations before submitting it to the Prime Minister;

b) Primarily coordinating with the Office of the Government to compile and submit to the Prime Minister for consideration and decision the list of detailed regulations for implementing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President as prescribed in Clause 2, Article 82 of the Law;

c) Notifying in writing the People's Councils and People's Committees at provincial level about the list of contents delegated for detailed regulation by localities as stipulated in Point b, Clause 1 of this Article.

3. Provincial Departments of Justice shall be responsible for:

a) Primarily coordinating with the Office of the Delegation of the National Assembly and People's Councils at provincial level and relevant agencies to compile and submit to the People's Committee at provincial level for consideration and decision to the Standing Committee of the People's Council at provincial level for decision on the list of resolutions of the People's Councils at provincial level detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President;

b) Primarily coordinating with the Office of the People's Committee at provincial level and relevant agencies to compile and submit to the Chairman of the People's Committee at provincial level the list of decisions of the People's Committee at provincial level detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President."

6. Amend the title of Article 29 and amend and supplement Clause 1, Article 29 as follows:

a) Amend the title of Article 29 as follows:

“Article 29. Responsibilities for drafting, monitoring, and urging the issuance of detailed regulations implementing laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President. "1. The main agency drafting detailed regulations implementing laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President shall be responsible for:”.

b) Amend and supplement Clause 1 as follows:

a) Ensuring the quality, progress, and deadline for submitting detailed regulations according to the decision on the list of detailed regulations issued by the Prime Minister, the Chairman of the People's Committee at the provincial level, and the Standing Committee of the People's Council at the provincial level;

b) By the 23rd day of each month at the latest, updating electronic information or sending information about the situation of drafting and issuing detailed regulations implementing laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President to the Legal Department of ministries, equivalent agencies, and Provincial Departments of Justice for monitoring and summarizing. By the 25th day of each month at the latest, the Legal Department of ministries, equivalent agencies, and Provincial Departments of Justice shall update electronic information or send information to the Ministry of Justice."

7. Supplement Article 29a following Article 29 as follows:

Article 29a. Responsibilities for drafting, monitoring, and urging the issuance of detailed regulations implementing decrees of the Government, decisions of the Prime Minister, and circulars of ministers and heads of equivalent agencies.

 “1. Ministries and equivalent agencies mainly drafting the decree of the Government specified in Clause 2 and Clause 3 of Article 19 of the Law, and the decision of the Prime Minister specified in Article 20 of the Law shall be responsible for: a) Notifying in writing other ministries, equivalent agencies, Provincial People's Councils, and Provincial People's Committees about the contents of the decree of the Government and the decision of the Prime Minister assigned to ministers and heads of equivalent agencies, Provincial People's Councils, and Provincial People's Committees to draft detailed regulations within five days from the date of signing and promulgating such decrees and decisions;|||

b) Monitoring and urging the drafting and issuance of detailed regulations implementing the decree of the Government and the decision of the Prime Minister; summarizing and reporting to the Government and the Prime Minister on issues arising during the drafting of detailed regulations as stipulated in Point b, Clause 3 of this Article.

2. Ministers and heads of equivalent agencies issuing the circular specified in Clause 2 of Article 24 of the Law shall be responsible for:

a) Notifying in writing Provincial People's Councils and Provincial People's Committees about the contents of the circular assigned to Provincial People's Councils and Provincial People's Committees to draft detailed regulations within five days from the date of signing and promulgating such circulars;

b) Monitoring and urging the drafting and issuance of detailed regulations implementing the circular; promptly addressing issues arising during the drafting of detailed regulations.

3. Agencies and persons authorized to issue detailed regulations implementing the decree of the Government specified in Clause 2 and Clause 3 of Article 19 of the Law, the decision of the Prime Minister specified in Article 20 of the Law, and the circular of ministers and heads of equivalent agencies specified in Clause 2 of Article 24 of the Law shall be responsible for:

a) Ensuring the quality, progress, and deadline for drafting and issuing detailed regulations;

b) Notifying in writing the ministries, equivalent agencies drafting the decree of the Government and the decision of the Prime Minister, and the ministers and heads of equivalent agencies issuing the circular about issues arising during the drafting of detailed regulations to handle according to their authority or to summarize and report to the Government and the Prime Minister for consideration and decision.

4. Notifications, urging actions, and handling procedures (if any) stipulated in Clauses 1, 2, and 3 of this Article shall be simultaneously sent to the Ministry of Justice."

8. Amend and supplement Clause 2 of Article 30 as follows:

"2. After the Government approves the proposal to draft the decree specified in Clause 3 of Article 19 of the Law; the Prime Minister agrees with the proposal to draft the decree specified in Clause 2 of Article 19 of the Law, the Government Office shall be responsible for incorporating it into the Government's work program; monitoring and urging the drafting and submission of the decree."

9. Amend and supplement Article 31 as follows:

"2. After the Government approves the proposal to draft the decree stipulated in Clause 3, Article 19 of the Law; the Prime Minister agrees with the proposal to draft the decree stipulated in Clause 2, Article 19 of the Law, the Government Office shall be responsible for incorporating it into the Government's work program; monitoring and urging the drafting and submission of the decree."

9. Amend and supplement Article 31 as follows:

“Article 31. Impact Assessment of Policies in Draft Regulatory Legal Documents

1. During the drafting, examination, verification, review, and consideration of draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, if new policies are proposed, the proposing agency must assess the impact of the new policy. Within ten days from the date of proposing the new policy, the proposing agency is responsible for building a report on the impact assessment of the new policy.

For documents submitted by the Government, the leading drafting agency is responsible for reporting to the Government on the main content of the new policy (if any); for documents not submitted by the Government, the Ministry of Justice is responsible for coordinating with the examining agency to promptly report to the Government on the content of the new policy (if any).

2. When drafting decrees as specified in Clause 1, Article 19 of the Law detailing specific policies already stipulated in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President, the leading drafting agency is responsible for building a report on the impact assessment of the policy in the draft decree.

3. When drafting decrees as specified in Clause 2, Article 19 of the Law, decisions of the Prime Minister as specified in Article 20 of the Law, and resolutions of provincial People's Councils as specified in Clauses 2 and 3, Article 27 of the Law, the leading drafting agency is responsible for building a report on the impact assessment of the policy in the draft document.

When drafting circulars of ministers, heads of ministerial-level agencies as specified in Clause 2, Article 24 of the Law, the leading drafting agency is responsible for building a report on the impact assessment of the policy (if any).

4. The reports on the impact assessment of policies as specified in Clauses 1, 2, and 3 of this Article shall be built according to the provisions of Articles 5, 6, 7, Point a, Clause 1, Article 8, and Article 9 of this Decree and shall be included in the project dossier and draft document file.

10. Amend and supplement Clause 1, Article 37 as follows:

“1. The Prime Minister decides on his own or upon the proposal of a minister or head of a ministerial-level agency within their authority or proposes the competent authority to decide on applying the simplified procedures as provided for in Article 146 and Clause 3, Article 147 of the Law.

In cases where it is necessary to issue a circular to address urgent issues arising in practice as provided for in Clause 1, Article 146 of the Law, before submitting to the Prime Minister for consideration and decision, the minister or head of a ministerial-level agency is responsible for seeking written opinions from the Minister of Justice. The opinion-seeking document includes the contents as provided for in Clause 4 of this Article.

Within three working days from the date of receipt of the opinion-seeking document, the Minister of Justice is responsible for replying in writing regarding the issuance of the circular under the simplified procedures as provided for in this Clause.

11. Amend and supplement Clause 1, Article 43 as follows:

“1. The Minister of Justice establishes the Review Board in cases as provided for in Clause 1, Article 58, Clause 1, Article 92, Clause 1, Article 98, and Clause 4, Article 109 of the Law.”

12. Amend and supplement Clause 1 of Article 50 as follows:

“1. The Director of the Department of Justice is responsible for establishing the Advisory Review Board for draft resolutions and decisions related to multiple fields or drafted by the Department of Justice as provided for in Clause 1, Article 121 and Clause 1, Article 130 of the Law. The Advisory Review Board consists of the Chairman being the leadership of the Department of Justice, the Secretary being a representative of the Department of Justice, and members being representatives of specialized agencies under the provincial People's Committee, other relevant agencies and organizations, experts, and scientists.”

13. Amend and supplement Clause 1, Article 65 as follows:

“1. For decrees of the Government, resolutions of the Supreme People's Court Plenum, decisions of provincial People's Committees, decisions of district People's Committees, and decisions of commune People's Committees, the Prime Minister signs on behalf of the Government, the Chief Justice of the Supreme People's Court signs on behalf of the Supreme People's Court Plenum, and the Chairperson of the People's Committee signs on behalf of the People's Committee, and must write "TM." (representative) before the words "Government," "Supreme People's Court Plenum," and "People's Committee."

For joint resolutions between the Government and the Central Steering Committee of the Vietnam Fatherland Front, the Prime Minister signs on behalf of the Government, and the Chairman of the Central Steering Committee of the Vietnam Fatherland Front signs on behalf of the Central Steering Committee of the Vietnam Fatherland Front, and must write "TM." before the words "Government" and "Central Steering Committee of the Vietnam Fatherland Front."

For decisions of the Prime Minister, circulars of ministers, heads of ministerial-level agencies, circulars of the Chief Justice of the Supreme People's Court, circulars of the Prosecutor General of the Supreme People's Procuracy, and decisions of the State Auditor General, the Prime Minister, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General sign respectively.

For joint circulars as specified in Clause 8a, Article 4 of the Law, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, and ministers, heads of ministerial-level agencies sign jointly.

For resolutions of provincial People's Councils, resolutions of district People's Councils, and resolutions of commune People's Councils, the Chairman of the People's Council signs to certify.

In cases where a deputy signs instead of the authorized person, the abbreviation "KT." (substitute signature) must be written before the position of the authorized person signing the document.

14. Amend and supplement Clause 6 and add Clause 7 to Article 69 as follows:

a) Amend and supplement Clause 6 as follows:

“6. Terms indicating similar content must be used consistently in the document.”

b) Add Clause 7 as follows:

“7. Capital letters in the document must be used correctly according to Vietnamese spelling rules and the guidelines in Appendix VI attached to this Decree.”

15. Amend and supplement Article 72 as follows:

“Article 72. Presentation of contents for amendment, supplementation, replacement, and abolition at chapter or article stipulating implementation clauses

1. In cases where issued documents contain contents for amending, supplementing, replacing, or abolishing parts, chapters, sections, sub-sections, articles, clauses, points, phrases, or words of other documents, these contents shall be presented in the chapter or article stipulating implementation clauses.

The contents for amendment, supplementation, replacement, or abolition may be structured into articles, clauses, or points depending on the scope and extent of the amendments, supplements, replacements, or abolitions.

2. At the contents for amendment, supplementation, replacement, or abolition, it must clearly identify the part, chapter, section, sub-section, article, clause, or point of the document being amended, supplemented, replaced, or abolished.”

16. Amend Clause 1 of Article 75 as follows:

“1. When citing a related document for the first time, the full name of the document type, number, and document code; the date of approval or issuance of the document; the name of the competent authority or person authorized to issue the document and the name of the document must be recorded. In subsequent citations, for laws and ordinances, only the full name of the document type and the name of the document need to be recorded; for other documents, the name of the document type, number, and document code should be recorded.”

17. Amend and supplement some points and clauses of Article 103 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

“b) Joint circulars between the Minister, Head of a ministerial-level agency, and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General;”

"a) Deposits of microfinance organizations at credit institutions, branches of foreign banks, except deposits at credit institutions under special control according to Clause 9, Article 174 of the Law on Credit Institutions;"

“a) Illegal documents include those issued beyond the authority; documents containing content contrary to the Constitution, contrary to higher-ranking legal normative documents; documents specifying the effective date contrary to the provisions of Clause 1 of Article 151 of the Law; documents violating the regulations on policy impact assessment, soliciting opinions, examination, and review of draft documents; circulars issued by the Minister, Head of a ministerial-level agency in urgent situations to address emerging issues in practice according to simplified procedures but not in accordance with the provisions of Clause 3 of Article 147 of the Law;”

18. Amend and supplement Clause 2 of Article 107 as follows:

“2. Effective at the time of issuing the document being reviewed or not yet effective at the time of issuing the document being reviewed but have been approved or signed and will become effective before or at the same time as the document being reviewed.”

19. Amend and supplement Clause 2 of Article 110 as follows:

“2. The dossier for reviewing documents includes: illegal documents, document review forms according to Form No. 01 attached as Appendix III to this Decree, conclusions on document reviews, results of handling documents, and other relevant documents (if any).”

20. Amend and supplement some points and clauses of Article 111 as follows:

a) Amending and supplementing Point a and Point b of Clause 2 as follows:

“a) The head of the legal organization under the ministry or ministerial-level agency is responsible for assisting the Minister or Head of a ministerial-level agency in self-reviewing circulars and joint circulars issued by the Minister or Head of a ministerial-level agency with the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General;

b) The Director of the Department of Legal Normative Documents Inspection under the Ministry of Justice is responsible for assisting the Minister of Justice in self-reviewing circulars and joint circulars issued by the Minister of Justice with the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General;”

b) Amend and supplement Clause 3 as follows:

“3. The Director of the Department of Legal Normative Documents Inspection under the Ministry of Justice and the head of the legal organization under the ministry or ministerial-level agency are responsible for coordinating with relevant agencies and units under the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office to self-review joint circulars between the Minister or Head of a ministerial-level agency and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General.”

21. Amend and supplement Clause 1 of Article 112 as follows:

“1. When discovering signs of illegality in documents, the agency or unit implementing self-inspection as stipulated in Clauses 2 and 3 of Article 111 of this Decree shall establish a document inspection dossier and immediately report the inspection results to the agency or person who issued the document for consideration and handling in accordance with Article 130 of this Decree.”

22. Amend and supplement Point a of Clause 2 and Clause 4 of Article 113 as follows:

a) Amend and supplement Point a Clause 2 as follows:

“a) The Minister of Justice shall exercise the authority to inspect documents as prescribed in Clause 1 of this Article and assist the Prime Minister in inspecting: circulars issued by the Minister or Head of a ministerial-level agency; content provisions within the jurisdiction of the ministry or ministerial-level agency in joint circulars between the Minister or Head of a ministerial-level agency and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General; resolutions of the People's Council, decisions of the People's Committee at provincial level; legal normative documents of local authorities in special administrative-economic zones related to multiple sectors and areas of state management;”

b) Amend and supplement Clause 4 as follows:

“4. The Chairman of the Government Office shall exercise the authority to inspect as prescribed in Clause 1 of this Article and assist the Prime Minister in inspecting circulars issued by the Minister of Justice; content provisions within the jurisdiction of the Ministry of Justice in joint circulars between the Minister of Justice and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General.”

23. Amend and supplement Clause 5 of Article 115 as follows:

“5. Conclusion of document inspection

The head of the document inspection agency shall examine and conclude within their authority or submit to the competent agency or person for examination and conclusion on the illegal content of the document. The document inspection agency may propose recommendations regarding the transparency, feasibility, and effectiveness of the document.”

24. Amend and supplement Point a of Clause 2 of Article 118 as follows:

"a) Content contrary to law within the scope of management of ministries, ministerial-level agencies in joint circulars issued by the Minister, head of a ministerial-level agency with the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor, and at the same time, require the Minister, head of a ministerial-level agency to negotiate with the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor to handle the document together;"

25. Amend and supplement Clause 1 Article 121 as follows:

"1. Documents of the Minister, head of a ministerial-level agency, Provincial People's Council, Provincial People's Committee, local authorities in special administrative-economic units shall be sent to the Department of Legal Document Inspection under the Ministry of Justice and the legal department under the ministry or ministerial-level agency authorized to inspect documents according to their respective sectors;"

Joint circulars between the Minister, head of a ministerial-level agency and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor, which have been jointly issued by the ministry or ministerial-level agency, shall be sent to the Department of Legal Document Inspection under the Ministry of Justice."

26. Amend and supplement Point a Clause 2 and Clause 4 Article 122 as follows:

a) Amend and supplement Point a Clause 2 as follows:

"a) When inspecting and discovering illegal documents, the Director of the Department of Legal Document Inspection shall conclude the inspection and send it to the agency or person who issued the document for review and handling. For content within the scope of management of ministries, ministerial-level agencies in joint circulars between the Minister, head of a ministerial-level agency and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor, after receiving the inspection conclusion, the agencies that issued the joint circular must cooperate to review and handle the document according to regulations;"

b) Amend and supplement Clause 4 as follows:

"4. In case of discovering content prescribed in the field of the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office in joint circulars showing signs of being contrary to law, the Minister of Justice or the Minister, Head of the Government Office (for joint circulars with the Ministry of Justice) shall propose the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor to examine and handle according to the provisions of the law."

27. Amend and supplement Point a Clause 3 Article 128 as follows:

"a) For documents issued by the heads of agencies, units under ministries, ministerial-level agencies, government agencies organized at provincial level, special administrative-economic units, they shall be inspected and handled according to the provisions of Point a and Point b Clause 1 of this Article. In case the person who issued the document does not self-inspect and handle, the person authorized to inspect shall report and propose the Minister, head of a ministerial-level agency, head of a government agency to handle according to their authority;"

28. Amend and supplement Clause 1 Article 129 as follows:

"1. The competent agency for inspecting documents shall send the inspection conclusion to the Minister, head of a ministerial-level agency, Chairman of the People's Council or Chairman of the People's Committee where the inspected document was issued to direct and organize the handling of the document according to regulations. The inspection conclusion shall also be sent to the agency or person who issued the illegal document and the legal department under the ministry or ministerial-level agency or the Department of Justice, Justice Office, agency assigned by the People's Committee of the special administrative-economic unit as the focal point, judicial civil servant - household registration officer at the commune where the inspected document was issued.

The inspection conclusion according to the authority of the Minister, head of a ministerial-level agency shall also be sent to the Ministry of Justice."

29. Amend and supplement Point a Clause 2 Article 130 as follows:

"a) A part or all of the document issued contrary to law as stipulated in Point a Clause 2 Article 103 of this Decree;"

30. Amend and supplement some points and clauses of Article 139 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) The Minister, head of a ministerial-level agency shall implement the review and systematization of documents issued by themselves, jointly issued, or mainly drafted; legal documents of the National Assembly, Standing Committee of the National Assembly with contents regulating issues within the scope of management of ministries, ministerial-level agencies;"

b) Add Clause 2a after Clause 2 as follows:

"2a. State agencies mainly drafting legal documents of the National Assembly, Standing Committee of the National Assembly not falling under the cases specified in Clause 1 and Clause 2 of this Article shall be responsible for reviewing and systematizing those documents."

c) Amending and supplementing Clause 5 as follows:

"5. In case there is a transfer of functions and tasks among agencies, units, the agency, unit receiving the functions and tasks shall be responsible for reviewing and systematizing related documents.

In case of dissolution, merger, division, adjustment of administrative boundaries, the People's Committee of the new administrative unit shall be responsible for reviewing and systematizing documents issued by the People's Council, People's Committee of the previous administrative unit."

31. Amend and supplement Article 141 as follows:

“Article 141. Sources of texts for review and systematization

Texts used for review and systematization shall be prioritized in the following order:

1. Originals, authentic copies;

2. Texts published in printed official gazettes or electronic official gazettes;

3. Certified true copies, certified copies from competent authorities;

4. Texts on the National Legal Information Database;

5. Texts in the Systematized Collection of Normative Texts published by competent state agencies.”

32. Amend Clause 4 of Article 149 as follows:

“4. The reviewer examines and determines the validity of the reviewed text. Texts determined to have ceased validity, suspended validity in whole or in part shall be included in the list for publication as prescribed in Article 157 of this Decree. Texts determined to still be valid shall continue to be reviewed regarding authority and content as prescribed in Clauses 5 and 6 of this Article.”

33. Amend Article 155 as follows:

“Article 155. Review and handling of review results of texts at the Supreme People's Court, the Supreme People's Procuracy, State Audit Office, and other state agencies

1. The review of texts and handling of review results at the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office shall be carried out according to procedures stipulated by the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Auditor General.

2. The review of texts and handling of review results at other state agencies specified in Clause 2a of Article 139 of this Decree shall be carried out according to the regulations of those agencies.”

34. Amend Clause 1 and Clause 2 of Article 157 as follows:

“1. Not later than January 31 each year, the Minister, Head of a ministerial-level agency, President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, Auditor General, and other state agencies specified in Clause 2a of Article 139 of this Decree, Chairpersons of People's Committees at all levels shall issue administrative texts announcing lists of texts that have ceased validity, suspended validity within their respective review responsibilities.

2. Lists of texts that have ceased validity, suspended validity at the central level and provincial level must be published in the Official Gazette and posted on the Portal or Website of the reviewing agency (if available). Lists of texts that have ceased validity, suspended validity at the district level and commune level must be posted at designated locations as prescribed in Article 98 of this Decree and posted on the Portal or Website of the reviewing agency (if available).”

35. Amend Clause 1 of Article 160 as follows:

“1. The Prime Minister, Minister, Head of a ministerial-level agency, President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, Auditor General, and other state agencies specified in Clause 2a of Article 139 of this Decree, Chairpersons of People's Committees at all levels shall decide on the review of texts by topic or field to examine and reassess texts regulating one or more groups of social relations over a specific period of time.”

36. Amend Clause 2 of Article 162 as follows:

“2. Results of comprehensive reviews of the system of texts, reviews of texts by topic or field, and geographic area must be compiled into reports.

Based on the purpose and requirements of comprehensive text review activities, reviews of texts by topic or field, and geographic area, the competent authority decides on the creation of accompanying lists of texts in the report, including: List of texts that have ceased validity, suspended validity in full; List of texts that have ceased validity, suspended validity in part; List of texts that remain valid, including texts that have ceased validity in part; List of texts requiring suspension of implementation, cessation of validity, amendment, supplementation, replacement, abolition, or issuance of new texts.

These lists of texts shall be prepared according to Model No. 03, 04, 05, 06 in Appendix IV attached to this Decree.

In cases where the competent authority issues different lists of texts, they may be prepared according to the models provided for in this clause.”

37. Add Clause 3 to Article 163 as follows:

“3. The form of texts announcing the results of comprehensive reviews of the system of texts; reviews of texts by topic or field, and geographic area is an administrative text.”

38. Amend Article 164 as follows:

“Article 164. Periodic Systematization of Legal Texts

Legal regulatory texts must be periodically systematized and the results of such systematization published every five years. The time point for determining legal texts subject to systematization for publication (hereinafter referred to as the systematization time point) is December 31 of the fifth year counted from the previous systematization period.

 39. Amend and supplement Article 167 as follows:

“Article 167. Procedure for Systematizing Legal Texts

1. Collect legal texts within the scope of systematization according to the periodic schedule, including: legal texts in the previous systematization set and legal texts issued during the current systematization period, including those issued during the current systematization period but not yet effective.

2. Collect the results of reviewing legal texts within the scope of systematization that have been carried out previously.

3. Recheck the results of reviewing legal texts and conduct supplementary reviews:

a) The results of reviewing legal texts within the scope of systematization must be rechecked to ensure the accuracy of the legal texts' validity up to the systematization time point;

b) In cases where the review results reflect outdated legal status of the texts or unreviewed texts are discovered, the competent authority or person responsible for the review must immediately carry out the review in accordance with this Decree.

4. Prepare lists of legal texts:

a) List of legal texts expired or terminated entirely; List of legal texts expired or terminated partially; List of legal texts still valid, including those expired partially and those not yet effective up to the systematization time point; List of legal texts requiring suspension, termination, amendment, supplementation, replacement, abolition, or issuance of new texts;

b) These lists of legal texts are prepared according to Model Nos. 03, 04, 05, and 06 attached as Appendix IV to this Decree.

5. Arrange valid legal texts into a systematized set of legal texts:

Based on the list of valid legal texts, the person responsible for systematizing legal texts arranges the texts into a systematized set of valid legal texts.

6. Publish the results of systematizing legal texts:

a) The Minister, Head of a ministry-level agency, President of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, State Auditor General, other state agencies specified in Clause 2a, Article 139 of this Decree, Chairpersons of People's Committees at all levels publish the results of systematizing legal texts;

b) The results of systematizing legal texts include the lists of legal texts and the systematized set of legal texts as stipulated in Clauses 4 and 5 of this Article;

c) The form of the legal text publishing the results of systematizing legal texts is an administrative document;

d) The results of systematizing legal texts must be published no later than February 1 for central-level texts, March 1 for texts of People's Councils and People's Committees at all levels of the following year after the last year of the systematization period.

7. The results of systematizing legal texts must be posted on the portal or website of the agency responsible for systematizing legal texts (if available). If necessary, the agency responsible for systematizing legal texts may issue a set of valid legal texts in paper form.

Lists of expired or terminated legal texts at the central and provincial levels must be published in the Official Gazette. Lists of expired or terminated legal texts at the district and commune levels must be posted at the locations specified in Article 98 of this Decree.

In case errors are found in the lists of legal texts and the set of valid legal texts after publication, a recheck and correction shall be conducted.

40. Amend and supplement Clause 4, Article 170 as follows:

 "4. The President of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, State Auditor General, other state agencies specified in Clause 2a, Article 139 of this Decree provide information on the situation and results of reviewing and systematizing legal texts as stipulated in Point d, Clause 1, Article 186 of this Decree."

41. Amend and supplement Clause 1 and Point c, Clause 2, Article 175 as follows:

a) Amend and supplement Clause 1 as follows:

"1. During the process of drafting proposals for establishing legal regulatory texts, drafting, examining, auditing, reviewing, and systematizing legal texts, Heads of agencies, organizations, and units may utilize experts with appropriate capabilities for each task."

b) Amend and supplement Point c Clause 2 as follows:

"c) If they have participated in developing policy content, assessing policy impact, or drafting legal regulatory texts, they shall not participate in examining or auditing proposals for establishing legal regulatory texts, projects, or drafts of legal regulatory texts."

42. Amend and supplement Clause 1, Article 186 as follows:

"1. Responsibilities of the Minister, Head of a ministry-level agency, President of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, State Auditor General, other state agencies specified in Clause 2a, Article 139 of this Decree:

a) Supervise and inspect the activities of reviewing and systematizing legal regulatory texts within their jurisdiction;

b) Guide and train skills and expertise in reviewing and systematizing legal regulatory texts; organize and manage a network of cooperating reviewers and systematizers of legal regulatory texts;

c) Establish a network of information, update and manage databases serving the review and systematization of legal regulatory texts;

d) Summarize and conclude on the work of reviewing and systematizing legal regulatory texts;

đ) The President of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, State Auditor General, other state agencies specified in Clause 2a, Article 139 of this Decree provide information and results on the situation and outcomes of reviewing and systematizing legal texts to assist the Ministry of Justice in compiling reports for the Government to submit to the National Assembly and the Standing Committee of the National Assembly."

43. Amend and supplement Clause 1, Article 188 as follows:

"1. Legal regulatory texts issued before January 1, 2021, which are still valid and have not been reviewed or systematized, shall be reviewed, examined, and systematized in accordance with this Law and this Decree."

Article 2. Supplementing, replacing, and abolishing certain provisions of Decree No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing some articles and implementing measures of the Law on Enacting Legal Normative Documents.

1. Supplementing, replacing, and removing certain words and phrases in the following Articles, Clauses, and Points:

a) Supplementing the phrase “which the Socialist Republic of Vietnam is a member” after the phrase “international treaty” in Clause 3, Article 11;

b) Replacing the phrase “Report on explanation and adoption of opinions” with the phrase “Summary, explanation, and adoption of opinions” in Clause 6, Article 10;

c) Replacing the phrase “resolution” with the phrase “draft resolution” in Clause 2, Article 34;

d) Replacing the word “title” with the word “name” in Clause 3 and Points a, b, c, d of Clause 5, Article 62;

đ) Removing the phrase “, determination of continued validity” in Clause 6, Article 2;

e) Removing the phrase “National Assembly Delegation Office” in Clause 2, Article 8;

g) Removing the phrase “as provided for in Clause 2, Article 134 and Clause 3, Article 139 of the Law” in Clause 3, Article 54.

2. Supplementing and replacing certain annexes as follows:

a) Supplementing the name of Annex II as follows: “Diagram and Arrangement of Components of Legal Normative Text Format”;

b) Supplementing the name of Annex III as follows: “Samples for Checking Legal Normative Documents”;

c) Supplementing the name of Annex IV as follows: “Samples for Reviewing and Systematizing Legal Normative Documents”;

d) Supplementing Annex VI after Annex V;

đ) Replacing Annex I and Annex V.

3. Abolishing Article 36; Point c Clause 1 and Clause 6 of Article 143.

Article 3. Effectiveness

This Decree takes effect from January 1, 2021.