Circular No. 16/2009/TT-BCT stipulates on the procedures for drafting, reviewing, and promulgating legal normative documents of the Ministry of Industry and Trade.

CIRCULAR

Regulations on the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

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

At the request of the Director of the Legal Department,

The Minister of Industry and Trade stipulates the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars specify the procedures and formalities for drafting, examining, and issuing legal normative documents of the Ministry of Industry and Trade.

Article 2. Applicability

These Circulars apply to Departments, Bureaus, Institutes, the Office of the Ministry, the Inspectorate of the Ministry (hereinafter referred to as units under the Ministry's agency); organizations and individuals related to the work of drafting, examining, and issuing legal normative documents of the Ministry of Industry and Trade.

Article 3. Responsibility for drafting, examining, and issuing legal normative documents

1. The Minister directly directs the work of drafting, examining, and issuing legal normative documents of the Ministry of Industry and Trade.

2. Deputy Ministers assist the Minister in directing the work of drafting, examining, and issuing legal normative documents according to the fields assigned to them and report to the Minister before signing for issuance.

 Chapter II

||| PROGRAM FOR DRAFTING LEGAL NORMATIVE DOCUMENTS OF THE MINISTRY

Article 4. Annual program for drafting legal normative documents of the Ministry

1. The annual program for drafting legal normative documents of the Ministry is a program compiled based on the proposals for drafting legal normative documents from units under the Ministry, which have been reviewed by the Legal Department, and based on the directives of competent authorities. The program serves as a basis for implementing the drafting of legal normative documents and is the foundation for deciding the allocation of funds to support the Ministry's legal normative document drafting work for the planning year.

2. The annual program for drafting legal normative documents of the Ministry of Industry and Trade, signed and issued by the Minister, includes the following contents:

||| a) Name of the legal instrument that needs to be developed and issued;

b) Level of submission or issuance for each document;

c) Time for submission and issuance for each document;

d) The main unit responsible for drafting each document.

Article 5. Proposals and suggestions for drafting legal normative documents

1. Units under the Ministry are responsible for preparing proposals for drafting legal normative documents within the industry and trade sector to be sent to the Legal Department for consolidation and reporting to the Minister at the following deadlines:

a) Before January 31 of the first year of the National Assembly term for proposals to draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly (hereinafter collectively referred to as laws and ordinances) for that National Assembly term;

b) Before October 15 each year for proposals to develop laws and ordinances for the following year;

c) Before July 1 of each year for proposals to draft decrees for the following year;

d) Before November 30 of each year for proposals to draft decisions of the Prime Minister; circulars of the Minister and joint circulars primarily drafted by the Ministry of Industry and Trade (hereinafter collectively referred to as circulars) for the following year.

2. Agencies, organizations, and individuals may submit suggestions for drafting laws, ordinances, and decrees in the industry and trade sector in writing to the Legal Department or through the Ministry of Industry and Trade's website at www.moit.gov.vn. The Legal Department is responsible for consolidating these suggestions to report to the Minister.

3. The Legal Department is responsible for publishing on the Ministry's website explanations about proposals for drafting laws, ordinances, and decrees and preliminary impact assessment reports of the documents for at least 20 (twenty) days to allow agencies, organizations, and individuals to provide their opinions.

Article 6. Documents for Proposing to Develop Legal Normative Instruments

1. Documents for proposing to develop laws and ordinances shall be implemented in accordance with the provisions of Article 4 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Legal Normative Instruments (hereinafter referred to as Decree No. 24/2009/NĐ-CP).

2. Documents for proposing to develop decrees shall be implemented in accordance with the provisions of Article 15 of Decree No. 24/2009/NĐ-CP.

3. Documents for proposing to develop decisions of the Prime Minister and circulars shall include a detailed explanation stating the name of the document; the necessity of issuing the document, the basis for issuing the document; issues that need to be resolved; the proposed main content of the document; the name of the leading unit drafting the document; the time of submission (specifically until the month).

Article 7. Examination of Proposals to Develop Legal Normative Instruments

1. The Legal Department shall be responsible for examining the documents for proposing to develop legal normative instruments of units under the Ministry to consider including them in the annual program of developing legal normative instruments of the Ministry.

2. In cases where the documents for proposing to develop legal normative instruments do not meet the requirements stipulated in Article 6 of this Circular, the Legal Department shall request units under the Ministry to supplement and complete them.

Within five working days from the date of receipt of the comments of the Legal Department, if units under the Ministry do not supplement the documents as prescribed, the Legal Department will not include the proposal to develop the document in the annual program of developing legal normative instruments of the Ministry.

3. Within seven working days from the date of receipt of the complete documents for proposing to develop legal normative instruments sent by units under the Ministry, the Legal Department shall conduct an examination, focusing on the following contents: the necessity of issuance, the basis for issuance, the scope of regulation, the subjects of application, the basic policies of the document, consistency, feasibility, compliance with international commitments and treaties to which Vietnam has acceded, conditions ensuring the development and enforcement of the document.

4. During the examination process, in cases where the Legal Department deems it necessary to clarify related contents, the unit proposing to develop the document shall be responsible for further explaining those contents.

Article 8. Issuing the Annual Program of Developing Legal Normative Instruments of the Ministry

1. Based on the examination results, the Legal Department shall draft the annual program of developing legal normative instruments of the Ministry and send it to units under the Ministry for comments. The Legal Department also has the responsibility to post the draft of the annual program of developing legal normative instruments of the Ministry on the Ministry's electronic information website for agencies, organizations, and individuals to participate in giving opinions.

2. On the basis of the comments of units under the Ministry, agencies, organizations, and individuals, the Legal Department shall revise and finalize the draft of the annual program of developing legal normative instruments of the Ministry, submit it to the Minister for consideration and decision.

3. The model of the annual program of developing legal normative instruments of the Ministry is issued in Appendix 1 of this Circular.

Article 9. Implementation of the Annual Program of Developing Legal Normative Instruments of the Ministry

1. After the Minister signs and promulgates the annual program of developing legal normative instruments of the Ministry, the heads of units under the Ministry shall be responsible for developing legal normative instruments assigned to their units.

2. The Legal Department shall take the lead and coordinate with the Ministry's Office to monitor and urge units under the Ministry during the implementation of the annual program of developing legal normative instruments of the Ministry through various forms such as sending urging letters or emails; organizing meetings to grasp progress; reporting to the Minister periodically or other forms.

3. The head of the unit under the Ministry assigned to lead the drafting of legal normative instruments shall be responsible for ensuring the drafting schedule, submission schedule, quality of the draft document; implementing quarterly, six-monthly, yearly, and ad hoc reports on the progress of developing legal normative instruments as required by the Legal Department.

Article 10. Adjustment of the annual program for drafting regulatory legal documents of the Ministry

1. Units under the Ministry's agency may propose adjustments to the Ministry’s annual program for drafting regulatory legal documents in the following cases:

a) Removing from the program those documents that are not necessary to be issued, do not meet quality requirements in drafting, or due to changes in economic and social conditions affecting the fields under the Ministry's management;

b) Adding to the program those documents required urgently for state management work within the Ministry's jurisdiction or must be amended according to newly issued documents to ensure the consistency of the legal system or to implement international commitments.

Proposals to add documents to the program must have a dossier in accordance with Article 6 of this Circular;

c) Adjusting the submission time due to delays in drafting and non-compliance with document quality standards.

2. Units under the Ministry's agency send adjustment proposals to the Legal Department, which must clearly state the reasons for the adjustment and the time frame for implementation.

3. The Legal Department studies and compiles adjustment proposals for the Ministry’s annual program for drafting regulatory legal documents, and submits them to the Minister for consideration and decision.

Chapter III

||| DRAFTING LEGAL INSTRUMENTS

Article 11. Principles of assignment for drafting

1. The Minister assigns one or more units under the Ministry's agency to draft regulatory legal documents based on their functions and tasks. In cases where multiple units are assigned to draft, the Minister designates one unit to lead the drafting process, with other units supporting. Units assigned to support the drafting process must actively participate with the leading unit.

2. The Legal Department is responsible for participating in the drafting process from the beginning and conducting the review of draft regulatory legal documents prepared by units under the Ministry's agency before submitting them to the Minister for signature and issuance or to competent authorities for issuance.

Article 12. Drafting laws, ordinances, decrees assigned by authorized agencies to the Ministry of Industry and Trade

1. The drafting of laws, ordinances, and decrees shall be carried out through the Drafting Board and the Editorial Group in accordance with the provisions of the Law on Issuing Regulatory Legal Documents and Decree No. 24/2009/NĐ-CP.

2. The leading unit for drafting collaborates with the Legal Department to submit to the Minister for signing the decision to establish the Drafting Board and the Editorial Team.

Article 13. Drafting decisions of the Prime Minister, circulars of the Minister

1. The drafting of decisions of the Prime Minister and circulars of the Minister shall be carried out through the Drafting Team.

2. The leading unit for drafting proactively submits to the Minister for signing the decision to establish the Drafting Team.

The Drafting Team for the Prime Minister's decision must include representatives from the Ministry of Justice, the Government Office, the Legal Department of the Ministry of Industry and Trade, and relevant agencies and organizations.

The Drafting Team for the Minister's circular consists of members including the Team Leader who is a leader of the leading unit for drafting, and representatives from the Legal Department and other relevant units and organizations.

3. The Drafting Team develops a detailed plan for the drafting process from the time they receive the task until the time they submit the draft document.

4. The Drafting Team allocates sufficient time for summarizing the implementation of laws; surveying and evaluating the current social relations; researching related information and materials to serve as a basis for developing outlines and drafts.

Article 14. Soliciting opinions during the drafting process

1. During the drafting of regulatory legal documents, the leading unit for drafting must solicit opinions from agencies, organizations, individuals, and direct subjects affected by the document through methods prescribed in Clause 2 of Article 35 of the Law on Enacting Regulatory Legal Documents.

2. For law and ordinance projects, the leading unit for drafting must send draft documents to ministries, ministerial-level agencies, and government agencies to solicit opinions on the content. Among these, opinions on financial resources from the Ministry of Finance, human resources from the Ministry of Home Affairs, environmental impact from the Ministry of Natural Resources and Environment, and compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a party from the Ministry of Foreign Affairs must be sought.

3. For draft decrees, decisions of the Prime Minister, and circulars of the Minister, the leading unit for drafting must organize solicitation of opinions in accordance with Article 62 of the Law on Enacting Regulatory Legal Documents, Articles 27, 31, and 34 of Decree No. 24/2009/NĐ-CP.

4. The leading unit for drafting must clearly specify issues requiring opinions suitable for each subject to be consulted; compile opinions according to different groups of subjects; and submit to the Legal Department for publication on the Ministry's website regarding the adoption or explanation of opinions and draft documents that have been revised.

Article 15. Posting on the Electronic Information Website

1. The Legal Affairs Department is responsible for posting draft regulatory documents on the Ministry's electronic information website for agencies, organizations, and individuals to provide comments. Draft documents must be posted on the Ministry's electronic information website for at least 60 (sixty) days to allow agencies, organizations, and individuals to provide comments.

2. The draft document sent to the Legal Affairs Department for posting on the Ministry's electronic information website is the draft 2 as prescribed in Article 57 of Decree No. 24/2009/NĐ-CP.

3. During the drafting process of documents, based on preliminary impact assessment results, the main drafting unit of laws, ordinances, and decrees shall be responsible for conducting an impact assessment before drafting the document and completing a simple impact report during the drafting process as stipulated in Article 38 of Decree No. 24/2009/NĐ-CP.

The draft impact report together with relevant data, cost-benefit calculations, and the draft document must be submitted to the Legal Affairs Department for posting on the Ministry's electronic information website for at least 30 (thirty) days to allow agencies, organizations, and individuals to provide comments.

 Chapter IV

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 16. Submission Documents for Review

1. The number of submission documents sent to the Legal Affairs Department for review is five (5) sets.

2. For law and ordinance projects, the submission documents for review are the documents specified in Clause 2 of Article 36 of the Law on Enacting Regulatory Documents.

3. For draft decrees, the submission documents for review are the documents specified in Clause 2 of Article 63 of the Law on Enacting Regulatory Documents.

4. For draft decisions of the Prime Minister, the submission documents for review are the documents specified in Article 32 of Decree No. 24/2009/NĐ-CP.

5. For draft circulars, the submission documents for review include:

a) A letter requesting review;

b) Memorandum to the Minister on the draft circular;

c) Draft circular after incorporating opinions from agencies, organizations, and individuals;

d) A summary of opinions from agencies, organizations, and individuals regarding the content of the draft circular; a report explaining the adoption of opinions from agencies, organizations, and individuals regarding the content of the draft circular;

đ) Other documents (if applicable);

Article 17. Receiving Review Submission Documents

1. The Legal Affairs Department is responsible for receiving and checking submission documents for draft regulatory documents sent for review by units.

In case the review submission documents do not meet the requirements stipulated in Article 16 of this Circular, within the latest two (2) working days from the date of receipt of the documents, the Legal Affairs Department will send a Notification requesting the main drafting unit to supplement the documents. The form of the Notification is issued in Appendix 2 of this Circular.

2. The main drafting unit is responsible for supplementing the review submission documents within the latest five (5) working days from the date of receipt of the notification requesting supplementation of the documents from the Legal Affairs Department.

Article 18. Organizing the Review Process

1. After receiving complete and valid submission documents for review, the Legal Affairs Department is responsible for assigning the relevant department to organize a review meeting, in which Legal Affairs Department staff participating in the Compilation Team or Drafting Team of regulatory documents are appointed as reporters.

If necessary, the Legal Affairs Department may request the main drafting unit to provide additional presentations on the draft regulatory documents to support the review process;

2. For draft regulatory documents that still have differing opinions, the Legal Affairs Department will coordinate with the main drafting unit to address them. If necessary, the Legal Affairs Department may request the Ministry’s leadership to convene meetings with relevant units to discuss these issues before issuing review opinions;

3. The review period is ten (10) working days from the date the Legal Affairs Department receives complete and valid submission documents for review for draft laws, ordinances, decrees, and Prime Minister's decisions.

The review period is seven (7) working days from the date the Legal Affairs Department receives complete and valid submission documents for review for draft circulars.

In cases where draft regulatory documents are developed and promulgated according to the expedited procedures prescribed in Article 75 of the Law on Enacting Regulatory Documents, the Legal Affairs Department is responsible for immediately reviewing upon receipt of complete and valid submission documents for review.

Article 19. Content of Review

The content of reviewing draft regulatory documents shall be carried out in accordance with the provisions of Clause 3, Article 36 of the Law on Issuing Regulatory Documents.

Article 20. Review Meeting

1. The Legal Department shall chair the review meeting for regulatory documents. Depending on the nature of the draft document, the Legal Department shall invite representatives from the Ministry's Office, the main drafting unit (if the Legal Department is not the main drafting unit), and other relevant units to participate in the review meeting.

2. Review Meeting Procedure:

a) The Legal Affairs Department leader announces the purpose of the meeting;

b) The reporter shall provide information related to the project and draft, express their opinions on issues within the scope of review;

c) Participants in the meeting shall discuss and express their opinions, focusing on issues within the scope of review as stipulated in Article 19 of this Circular;

d) The Legal Affairs Department leader summarizes opinions and concludes.

The reporter shall be responsible for recording and signing the minutes of the review meeting. The minutes must record all opinions expressed at the meeting to serve as the basis for preparing the review report.

Article 21. Review Report

1. Based on the minutes of the review meeting, the Legal Department shall prepare the review report according to the content of review specified in Article 19 of this Circular. The model of the review report is issued in Appendix 3 of this Circular.

2. During the preparation of the review report, if there are any difficulties, the Legal Department must promptly report and seek guidance from the Minister.

3. In cases where there are differences in the review opinions between the Legal Department and the main drafting unit, the Legal Department has the right to retain its review opinion.

4. The main drafting unit must submit a statement explaining the Legal Department's review opinion, report to the Minister, and send it to the Legal Department. Based on the statement, the Minister will consider and decide on the appropriate option.

Article 22. Retention of Review Files

The files requesting review, minutes of the review meeting, review reports, and statements explaining the review opinions of the main drafting unit shall be retained and monitored at the Legal Department.

Chapter V

ISSUANCE OF THE CIRCULAR

Article 23. Responsibility for Submitting Draft Circular

After receiving the statement explaining the Legal Department's review opinion, the main drafting unit shall be responsible for submitting the draft circular to the Minister for signature and issuance.

Article 24. Approval and Issuance of Circulars

1. The files submitted to the Minister for signing the circular include:

a) Proposal of the Minister regarding the draft circular;

b) The draft circular revised after receiving the review opinion;

c) A summary of the opinions of agencies, organizations, and individuals regarding the content of the draft circular; a report explaining the adoption of the opinions of agencies, organizations, and individuals regarding the content of the draft circular;

d) The Legal Department's review report;

đ) The Legal Department's statement explaining the review opinion;

e) Other documents (if any).

2. The draft circular submitted for signature must include all documents specified in Clause 1 of this Article; the abbreviated signature of the leader of the main drafting unit and the abbreviated signature of the leader of the Legal Department at the bottom right corner of each page of the draft document before submitting to the Minister for signature.

Article 25. Submission to Regulatory Document Inspection Agencies, Publication in Official Gazette and Electronic Information Portal

1. After being signed by the Minister, the circular must be sent to competent agencies for inspection and handling of regulatory documents within the sector and field concerned: the Department of Regulatory Document Inspection under the Ministry of Justice, the Legal Department of the Ministry of Industry and Trade, and the legal department of ministries and ministerial-level agencies as prescribed.

2. After being issued by the Minister, the main drafting unit shall send (paper copy and electronic version) the circular to the Administrative Division of the Ministry's Office and the Legal Department.

a) The Administrative Division of the Ministry's Office shall be responsible for immediately sending the circular (paper copy and electronic version) to the Government Office for publication in the Official Gazette and on the Government's electronic information portal, except for documents containing state secrets;

b) The Legal Department shall be responsible for immediately publishing the circular on the Ministry's electronic information portal, except for documents containing state secrets.

 Chapter VI

IMPLEMENTATION

Article 26. Ensuring the work of drafting regulatory legal documents

The Head of the Ministry’s Office, Heads of units under the Ministry within their respective functions, tasks, and authorities shall be responsible for arranging staff and ensuring conditions regarding working tools, information, and other necessary conditions for the drafting, examination, and participation in opinions on draft regulatory legal documents.

Article 27. Budget for the work of drafting regulatory legal documents

1. The Finance Department shall be responsible for allocating the budget from the State budget for the annual work of drafting regulatory legal documents of the Ministry according to current regulations.

2. Based on the budget from the State budget, the Legal Department shall draft a decision to support the budget for drafting regulatory legal documents of the Ministry to be submitted to the Minister for consideration and decision.

The model for the decision to support the budget for drafting regulatory legal documents annually of the Ministry is issued in Appendix 4 of this Circular.

3. Units receiving support for the budget for drafting regulatory legal documents shall prepare detailed budgets and send them to the Ministry’s Office and use the supported budget in accordance with financial regulations, ensuring all legal and valid documentation according to current regulations.

Article 28. Summarizing and evaluating the work of drafting regulatory legal documents

The Legal Department shall be responsible for monitoring and urging the implementation of this Circular; annually summarizing, evaluating, and reporting to the Minister on the work of drafting and examining regulatory legal documents of the Ministry.

Article 29. Awards

The progress and quality of drafting regulatory legal documents and the quality of examining draft regulatory legal documents are among the bases for assessing and reviewing civil servants annually and serve as grounds for competition, commendation, and awards for individuals and units under the Ministry.

Article 30. Handling responsibility

1. Civil servants and leaders of units under the Ministry assigned to primarily draft regulatory legal documents shall not be eligible for competition, commendation, and awards in the year for the following cases:

a) Delaying the progress of drafting documents as prescribed without legitimate reasons;

b) The quality of the document does not meet requirements.

2. Units under the Ministry whose documents are delayed in implementation as prescribed without legitimate reasons shall be reprimanded. If units under the Ministry have more than 50% of the documents in the program delayed, then in that year, the unit shall not be eligible for competition, commendation, and awards.

3. Civil servants and leaders of the Legal Department who fail to examine documents within the prescribed time limit and do not urge units to implement documents within the prescribed time limit without legitimate reasons shall not be eligible for competition, commendation, and awards in that year.

4. Leaders of the Ministry assigned the task of directing the drafting of regulatory legal documents according to the assigned fields, if they cause delays, shall be criticized within the Ministry Leadership team.

Article 31. Effective Date

1. This Circular takes effect from August 10, 2009.

2. This Circular replaces Decision No. 28/2007/QĐ-BCN dated June 12, 2007, of the Minister of Industry promulgating the Regulation on Drafting and Issuing Regulatory Legal Documents of the Ministry of Industry and Decision No. 1117/2003/QĐ-BTM dated September 8, 2003, of the Minister of Commerce on the issuance of the Regulation on Drafting, Examining Project Proposals, and Draft Regulatory Legal Documents of the Ministry of Commerce./.