Circular No. 16/2009/TT-BGTVT on drafting, reviewing, promulgating, reviewing, systematizing, inspecting, and handling normative legal documents on Transport

CIRCULAR

Provisions on drafting, reviewing, promulgating, reviewing, systematizing, inspecting, and handling normative legal documents on Transport

Provisions on drafting, reviewing, promulgating, reviewing, systematizing, inspecting, and handling normative legal documents on Transport

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Pursuant to the Law on Legislative Acts of 03 June 2008;

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

Based on Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspecting and handling normative legal documents;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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 directly under the Central Government, and state-owned enterprises;

The Minister of Transport shall stipulate provisions on drafting, reviewing, promulgating, reviewing, systematizing, inspecting, and handling normative legal documents on transport as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates procedures and formalities for the following matters:

1. Establishing a program for drafting normative legal documents on transport (hereinafter referred to as normative legal documents);

2. Drafting, reviewing, promulgating, reviewing, and systematizing normative legal documents;

3. Inspecting and handling normative legal documents, documents containing legal norms but not promulgated in the form of normative legal documents or issued by agencies without authority to issue normative legal documents (hereinafter referred to collectively as inspecting and handling normative legal documents);

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the establishment of Programs for building, drafting, reviewing, promulgating, reviewing, systematizing, inspecting, and handling normative legal documents.

Article 3. Regulatory Legal Documents

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

a) Issued by state agencies or jointly issued according to their authority, form, procedure, and process prescribed by law;

b) Containing general rules of conduct, having general binding force, guaranteed by the State to regulate social relations.

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

a) Laws, ordinances, resolutions drafted by the Ministry of Transport and submitted to the Government for the Government to submit to the National Assembly, the Standing Committee of the National Assembly;

b) Decrees, decisions drafted by the Ministry of Transport to submit to the Government, Prime Minister for issuance:

c) Circulars issued by the Minister of the Ministry of Transport;

d) Joint Circulars between the Minister of Transport and other Ministers, Heads of ministerial-level agencies, President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy;

đ) Normative legal documents issued by the Minister, Head of another ministerial-level agency, Provincial People's Council, and Provincial People's Committee related to transport;

3. The contents of the Circular issued by the Minister of Transport include:

a) Detailed implementation regulations 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;

b) Regulations on technical standards, economic-technical norms of the transport sector;

c) Measures to implement state management functions in the transport sector and other matters assigned by the Government.

4. Administrative documents issued by competent state agencies but lacking the elements specified in Clause 1 of this Article are not normative legal documents, specifically:

a) Resolutions of the Government to decide issues regarding tasks and measures to guide and manage economic and social development during each period; approve programs, projects; approve electoral units and the number of members of the Provincial People's Councils; programs for drafting decrees; adjust administrative boundaries at district and commune levels; approve election results of members of the Provincial People's Councils and similar issues.

b) Decisions of the Prime Minister on approving programs, projects; allocating economic and social targets to agencies and units; establishing universities; establishing temporary steering committees, councils, commissions to perform tasks within a specific time frame; rewarding, disciplining, transferring work assignments; appointing, dismissing, removing from office, accepting resignation, temporarily suspending work of cadres and civil servants; and similar issues.

c) Directives of the Prime Minister to urge the implementation of laws, normative legal documents.

d) Decisions, directives of the Minister on approving programs, projects; approving charters of associations, non-governmental organizations; adjusting internal operation regulations of agencies and units; launching campaigns; guiding and managing administrative affairs; urging and inspecting the implementation of laws, normative legal documents and similar issues.

5. Guidance documents of Bureaus that do not have the elements of normative legal documents as specified in Clause 1 of this Article and do not contradict normative legal documents.

Article 4. Establishing the Program for Drafting Regulatory Legal Documents

1. Each Department, Office of the Ministry, Inspectorate of the Ministry (hereinafter referred to collectively as the Department); each General Administration, Bureau, Institute, School, Information Technology Center (hereinafter referred to collectively as the Bureau); enterprises and other agencies and organizations under the Ministry shall propose to draft regulatory legal documents for subsequent years based on their functions and tasks and actual requirements, and submit them to the Ministry of Transport (through the Department of Legal Affairs) at the following times:

a) Before February 1st for legislative projects of the National Assembly and ordinances of the Standing Committee of the National Assembly;

b) Before July 1st for decrees of the Government and decisions of the Prime Minister;

c) Before October 1st for circulars of the Minister.

The application dossier for proposing to draft regulatory legal documents shall be prepared in accordance with Article 5 of this Circular.

Clause 2. Agencies, organizations, and individuals not falling under the scope defined in Clause 1 of this Article have the right to propose the development of regulatory legal documents to the Ministry of Transport for consideration and decision.

3. Agencies and organizations under the Ministry must organize the collection of opinions from relevant organizations and individuals within the industry regarding proposals to draft laws, ordinances, and decrees; publish explanatory notes about these proposals and preliminary impact assessment reports on their own electronic information websites for at least 20 days to allow agencies, organizations, and individuals to provide feedback; take the lead and coordinate with related agencies and organizations to improve the application dossier for drafting laws, ordinances, and decrees based on the received comments.

a) Taking the lead and coordinating with relevant agencies and organizations to compile and draft proposals for constructing legal normative documents; reporting to the Government Inspectorate leadership responsible for the construction of legal normative documents; organizing meetings to review drafts; submitting to the Chief Inspector of the Government for decision-making, including assigning tasks to the main drafting unit, coordinating units, submission deadlines, and issuance deadlines.

a) Take the lead and coordinate with related agencies and organizations to compile and review proposals to draft regulatory legal documents from agencies, organizations, and individuals; seek opinions from Deputy Ministers.

b) Take the lead and coordinate with related agencies and organizations to finalize the application dossier for drafting laws, ordinances, and decrees (except for cases where the decree details the implementation of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; orders and decisions of the President) to submit to the Minister for signing a letter requesting the Ministry of Finance's opinion on the rationality of the proposed financial resources, and the Ministry of Home Affairs' opinion on the rationality of the proposed human resources.

c) Take the lead and coordinate with related agencies and organizations to refine and complete the dossier to submit to the Minister for signing a letter proposing to draft laws and ordinances to the Ministry of Justice before March 1st of the first year of the National Assembly term (for dossiers proposing to draft laws and ordinances according to the National Assembly term) or no later than 105 days before March 1st of the year preceding the year in which they are expected to be submitted to the National Assembly, the Standing Committee of the National Assembly (for annual dossiers proposing to draft laws and ordinances based on the program for the entire National Assembly term) or no later than 105 days before March 1st of the year preceding the year in which they are expected to be submitted to the National Assembly, the Standing Committee of the National Assembly (for annual dossiers not included in the program for the entire National Assembly term).

d) Take the lead and coordinate with related agencies and organizations to refine and complete the dossier to submit to the Minister for signing a letter proposing to draft decrees to the Office of the Government and the Ministry of Justice before August 1st of the preceding year.

e) Take the lead and coordinate with related agencies and organizations to prepare a draft Program for Drafting Regulatory Legal Documents of the Ministry of Transport (hereinafter referred to collectively as the Program), submit it to the Minister for issuing a Decision to promulgate the Program, including assigning tasks to the Deputy Minister responsible, the agency directly drafting the document, the advisory agency, the coordinating agency, the submission time, and the promulgation time.

5. In cases where regulatory legal documents need to be issued outside the Program due to management requirements, agencies, organizations, and individuals shall submit the application dossier to the Ministry (through the Department of Legal Affairs) to supplement the Program. The application dossier for supplementing the Program shall be implemented in accordance with Article 5 of this Circular. The Department of Legal Affairs shall be responsible for researching and advising the Ministry Leadership to consider and supplement the Program.

6. In cases where changes to the Program are necessary, within 30 days prior to the time specified in the Program, the drafting agency and the advisory agency shall unify their opinions and submit a document requesting changes to the Program to the Ministry (through the Department of Legal Affairs and the Office of the Ministry). The content of the document requesting changes to the Program must clearly state the reasons and specific solutions proposed. The Department of Legal Affairs shall be responsible for researching and providing opinions on changing the Program.

Article 5. Documents for Proposing to Establish Regulatory Legal Instruments

The documents for proposing to establish regulatory legal instruments of agencies and organizations specified in Clause 1, Article 4 of this Circular include:

1. A detailed explanation regarding the proposal to establish regulatory legal instruments.

The detailed explanation regarding the proposal to establish regulatory legal instruments must clearly state the following contents:

a) For the detailed explanation regarding the proposal to establish laws and ordinances, it must clearly state the name of the instrument; the necessity of issuing the instrument; the subjects, scope of regulation, main content of the instrument; basic policies of the instrument and policy objectives, measures to implement the policies, positive and negative impacts of the policies; anticipated resources and conditions to ensure the drafting of the instrument; guiding viewpoints on the drafting process and preparations made for the drafting.

b) For the detailed explanation regarding the proposal to establish decrees and circulars, it must clearly state the name of the instrument, basis for issuance, necessity of issuing the instrument, subjects, scope of regulation, main content of the instrument; basic policies of the instrument and bases for prioritizing issuance of the instrument.

2. Preliminary impact assessment report (for proposals to establish laws, ordinances, and decrees). Contents of the preliminary impact assessment report are stipulated in Article 17 of this Circular.

3. Draft of the agency directly drafting, advisory agency submitting, coordinating agencies, Deputy Minister in charge, issuing agency, time for submission (at each level), time for issuance;

4. Summary of opinions from agencies, organizations, and individuals regarding the detailed explanation on the proposal to establish laws, ordinances, and decrees and opinions from related agencies (drafting agency, advisory agency submitting, coordinating agencies).

Article 6. Legal Basis, Format, and Presentation Techniques of Regulatory Legal Instruments Issued by the Minister

1. Legal basis includes laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government, decisions of the Prime Minister, Circulars issued by the Minister of Transport, or joint Circulars issued by the Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, and Prosecutor General of the Supreme People's Procuracy.

2. Format and presentation techniques of the document shall be implemented according to the provisions in Appendices 1, 2, 3, and 4 of this Circular and use the set of Vietnamese Unicode characters, TCVN 6909:2001.

3. Regulatory legal instruments issued by the Minister according to the models prescribed in Appendices 3 and 4 of this Circular shall be numbered sequentially each year and marked with specific symbols for each type of instrument as follows:

a) Circular: Number:       /200../TT-BGTVT;

b) Joint Circular: Number:       /200../TTLT/BGTVT-B…

Article 7. Authority to Sign for Issuance or Submit Draft Regulatory Legal Instruments

1. The Minister signs to issue regulatory legal instruments as specified in point c and point d, Clause 2, Article 3 of this Circular, and signs the Memorandum to the Government, Prime Minister for draft regulatory legal instruments as specified in point a and point b, Clause 2, Article 3 of this Circular.

2. In case the Minister is absent, the Minister delegates authority to the Deputy Minister in charge of the relevant field to sign the documents specified in Article 1 of this provision.

Article 8. Budget for drafting, reviewing, systematizing, inspecting, and handling normative legal documents

1. The budget for drafting, reviewing, systematizing, inspecting, and handling normative legal documents shall be funded from the state budget and included in the annual operating budget of agencies and organizations. The budget for drafting normative legal documents includes funds for the following activities:

a) Research on proposals to draft documents;

b) Drafting the planned program for document drafting;

c) Surveying, researching, and investigating during the document drafting process;

d) Drafting documents;

đ) Impact assessment of documents;

e) Organizing public consultations on draft projects and documents;

g) Reviewing and commenting on draft projects and draft documents;

h) Reviewing and systematizing documents, codifying legal norms;

i) Translating documents into foreign languages and ethnic minority languages;

k) Inspecting and handling documents;

l) Monitoring and evaluating the implementation of documents.

2. Annual planning:

a) Based on the annual plan for drafting normative legal documents of their own agency and current regulations, the agency directly responsible for drafting the documents (Bureau, Department) shall take the lead, coordinate with the agency providing advice on submitting the documents to draft the budget for the work of drafting normative legal documents, disseminating and educating about the law, reviewing, systematizing, inspecting, and handling normative legal documents.

b) Before June 10 each year, the Bureaus and Departments shall send the budget plan for the work of drafting normative legal documents, disseminating and educating about the law, reviewing, systematizing, inspecting, and handling normative legal documents to the Finance Department and the Legal Affairs Department, while also consolidating it into their own agency's annual budget expenditure plan sent to the Ministry (for Departments) or sent to the Ministry Office (for Bureaus).

3. Based on the approved budget estimate for drafting, disseminating and educating about the law, reviewing, systematizing, inspecting, and handling normative legal documents by the Ministry of Transport after receiving comments from the Ministry of Finance, the Finance Department shall take the lead, coordinate with the Legal Affairs Department to advise the Minister on the proposed allocation of budget estimates for agencies and organizations.

For the work of drafting circulars by the Minister, the agency directly responsible for drafting the documents shall balance within the annual regular budget expenditure allocated by the Ministry of Transport (including costs for drafting, advising on submission, and reviewing the document).

4. The level of expenditure for drafting, reviewing, systematizing, inspecting, and handling normative legal documents shall be implemented according to the guidelines of the Ministry of Justice, the Ministry of Finance, and the Government Office.

5. The Finance Department shall be responsible for leading and coordinating with competent financial agencies to provide sufficient funding for drafting, reviewing, systematizing, inspecting, and handling normative legal documents in a timely manner.

6. Agencies and organizations participating in drafting normative legal documents may use support funds from projects, domestic and foreign organizations and individuals, as stipulated by law, to supplement the budget for drafting normative legal documents and improve the legal system.

7. Payment and settlement of the budget for drafting, disseminating and educating about the law, reviewing, systematizing, inspecting, and handling normative legal documents shall be carried out according to current regulations.

Article 9. Responsibilities of the head of the agency directly responsible for drafting documents and the agency providing advice on submitting draft normative legal documents

1. Shall be responsible before the Minister for the content, quality, and progress of drafting documents.

2. Shall take the lead and coordinate with related agencies and organizations to prepare drafts of detailed regulations and guidance documents (if applicable).

3. Shall report to the Ministry (through the Legal Affairs Department, the Ministry Office) in writing or by email on the progress of drafting normative legal documents on the 25th of each month for the Legal Affairs Department and the Ministry Office to compile and report at the monthly coordination meeting of the Ministry.

Article 10. Report on the drafting and promulgation of regulatory legal documents.

1. Quarterly, the Legal Department shall be responsible for compiling and submitting to the Ministry's leadership for signature a report on the situation, progress, and difficulties encountered during the drafting of draft laws, ordinances, and decrees led by the Ministry of Transport, to be sent to the Ministry of Justice (for draft laws and ordinances) and to the Government Office (for draft decrees).

2. Annually, the Legal Department shall be responsible for compiling and submitting to the Ministry's leadership a draft report on the drafting and promulgation of regulatory legal documents of the Ministry, to be sent to the Ministry of Justice, while also sending it to the Ministry's Office for inclusion in the draft report on the implementation of the Government's work program, to be signed by the Minister and submitted to the Government Office.

Chapter 2.

||| DRAFTING LEGAL INSTRUMENTS

Article 11. Direct Drafting Agencies of Regulatory Legal Documents

The direct drafting agencies of regulatory legal documents include the Bureaus and Departments directly tasked with drafting regulatory legal documents related to their functions and responsibilities, as assigned by the Minister.

Article 12. Advisory Agencies Submitting Draft Regulatory Legal Documents

1. Draft regulatory legal documents must go through advisory agencies assigned to submit them to the Minister.

2. Advisory agencies submitting draft regulatory legal documents to the Minister include the Departments and Bureaus managing construction and quality control of transportation works and the Bureau of Transportation Health, as assigned according to the following provisions:

a) Legal Department: Draft laws, ordinances, and resolutions of the National Assembly and Standing Committee of the National Assembly on transportation, decrees and decisions of the Government and Prime Minister, circulars of the Minister on transportation, as assigned by the Ministry's leadership;

b) Planning and Investment Department: Regulatory legal documents concerning strategies, planning for industry development, planning work, investment, production, and import/export activities in the transportation sector;

c) Cadre and Civil Service Organization Department: Regulatory legal documents concerning the functions, tasks, powers, and organizational structure of the Ministry and its subordinate organizations; training and capacity building for civil servants and human resources; labor, wages, and policies for workers; commendation and reward work in the transportation sector;

d) Transport Department: Regulatory legal documents concerning transport, transport support services, cooperatives, and security in the transportation sector;

đ) Science and Technology Department: Regulatory legal documents concerning science, technology, industry, management of product quality in the transportation sector; safety procedures and techniques;

e) Finance Department: Regulatory legal documents concerning financial matters, management and use of state assets in the transportation sector;

g) International Cooperation Department: Regulatory legal documents concerning international cooperation in the transportation sector;

h) Infrastructure Construction Department: Regulatory legal documents concerning infrastructure management;

i) Environment Department: Regulatory legal documents concerning environmental protection, energy conservation, and efficiency in the transportation sector;

k) Traffic Safety Department: Regulatory legal documents concerning traffic safety;

l) Inspectorate: Regulatory legal documents concerning inspection, complaint, and accusation work in the transportation sector;

m) Ministry Office: Regulatory legal documents concerning the operational regulations of the Ministry of Transport, document management, and archiving;

Construction Management and Quality Control Bureau: Regulatory legal documents concerning construction management and quality control of transportation works; labor safety during construction of transportation works;

Transportation Health Bureau: Regulatory legal documents concerning occupational hygiene and health standards for transportation vehicle operators and workers in special sectors of the transportation industry;

3. In addition to the provisions of Clause 2 of this Article, advisory agencies shall be responsible for advising the Minister on draft regulatory legal documents stipulating responsibilities and violations' handling for agencies, organizations, and individuals related to transportation activities within their assigned fields and other regulatory legal documents assigned by the Minister.

Article 13. Establishment of Drafting Board, Editorial Team, Drafting Team

1. The agency advising on the main document shall coordinate with the agency directly drafting the document and the Legal Department to submit to the Minister for signing the Decision to establish the Drafting Board and the Editorial Team for the draft laws, ordinances, and decrees.

2. In cases where necessary, the agency advising on the main document shall coordinate with the agency directly drafting the document and the Legal Department to submit to the Deputy Minister responsible for signing the Decision to establish the Drafting Team for the Circulars issued by the Minister.

3. The composition, principles of operation, and responsibilities of the Drafting Board, Editorial Team, and Drafting Team shall be implemented according to the provisions of Articles 20, 21, 22, 23, 24, and Article 25 of Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for the implementation of the Law on Enacting Legal Normative Documents.

Article 14. Procedure for Drafting Legal Normative Documents

1. The agency directly drafting the document shall organize a summary of the implementation of the law; conduct surveys and assess the current social relations; study information and materials related to the content of the draft document; evaluate the impact before drafting the document (for draft laws, ordinances, and decrees) as stipulated in Article 17 of this Circular; organize the drafting of the document and send the draft legal normative document to solicit opinions from entities directly regulated by the document, agencies, organizations, and individuals in the transportation sector and relevant industry associations (by letter, email, or other appropriate forms). Depending on the nature and content of each document, the time limit for responding shall be specified, but it must be at least seven working days from the date of receipt of the request for opinions. After the specified period, if the agencies, organizations, and individuals solicited for opinions do not provide feedback, they will be considered to agree with the draft document, except when those agencies, organizations, and individuals have legitimate reasons and have notified the agency directly drafting the document in advance.

2. In cases where the agency directly drafting the document is a Directorate:

After implementing the provisions of Clause 1 of this Article, the Directorate directly drafting the document shall study, incorporate the received opinions, and revise the draft legal normative document to submit to the Ministry.

3. In cases where the agency directly drafting the document is also the advisory agency:

After implementing the provisions of Clause 1 of this Article, the advisory agency directly drafting the document shall study, incorporate the received opinions, revise the draft document, and implement the provisions of Clause 2 of Article 16 of this Circular.

Article 15. Documents Submitted to the Ministry for Draft Legal Normative Documents Directly Drafted by the Directorate

1. For draft regulatory legal documents submitted to the Government, Prime Minister, the documents submitted to the Ministry include:

a) A letter from the Directorate submitting to the Ministry the draft legal normative document;

b) The draft Memorandum to the Government, Prime Minister (according to the model prescribed in Appendix 5 of this Circular), clearly stating the necessity of issuance, scope of regulation, applicable subjects, drafting process, main contents of the document, issues with differing opinions, reference materials;

c) The revised draft legal normative document after incorporating the opinions of relevant agencies, organizations, and individuals within the sector;

d) The draft guiding document (if any);

đ) Summary of opinions from agencies, organizations, individuals, and entities directly affected by the document (including explanations on the adoption of opinions and copies of the opinions);

e) Detailed explanations about the project and draft, and a report on the pre-drafting impact assessment according to the provisions of Article 17 of this Circular.

2. For draft legal normative documents submitted to the Minister for issuance, the documents submitted to the Ministry include:

a) A letter from the Directorate submitting to the Ministry requesting issuance of the legal normative document, clearly stating the necessity of issuance, scope of regulation, applicable subjects, drafting process, main contents of the document, issues with differing opinions, reference materials;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) A summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation of the incorporation of suggestions and copies of the suggestions).

Article 16. Procedure for receiving files and editing draft regulatory legal documents prepared directly by the Bureau to be submitted to the Ministry

1. When the Bureau prepares and submits to the Ministry a draft regulatory legal document, the Ministry's leadership assigns the task to the advisory agency to submit the draft document according to the provisions of Article 12 of this Circular.

2. The advisory agency assigned the task to submit the draft document shall implement the following provisions:

a) Within no more than five working days from the date of being assigned the task, the advisory agency must request comments on the draft regulatory legal document according to the provisions of this clause, except in cases with valid reasons and approved by the Ministry's leadership.

b) For draft regulatory legal documents submitted to the Government, the Prime Minister: send the draft regulatory legal document to the Information Technology Center for publication on the Ministry of Transport’s electronic information website at least 60 days before submitting the document for signature; send the Information Technology Center the Impact Assessment Report prior to drafting the document for publication on the Ministry of Transport’s electronic information website at least 30 days before submitting the document for signature; request comments from other advisory agencies (by letter, email, or other appropriate means); incorporate comments, edit the draft document, and report to the Deputy Minister responsible for sending the document requesting comments from relevant Ministries, sectors, provincial People's Committees, the Vietnam Chamber of Commerce and Industry, and specialized transport associations (for draft documents related to the rights and obligations of businesses); compile comments, incorporate them, and edit the draft document; incorporate comments, edit the Impact Assessment Report prior to drafting the document into the Impact Assessment Report during the drafting process; send it to the Legal Affairs Department for review; compile the file and send it to the Ministry of Justice for review.

c) The file sent to relevant Ministries, sectors, provincial People's Committees, the Vietnam Chamber of Commerce and Industry includes:

- Draft Memorandum;

- Impact Assessment Report of the draft document;

- Draft regulatory legal document.

The maximum time limit for relevant Ministries, sectors, provincial People's Committees, and the Vietnam Chamber of Commerce and Industry to provide written comments is twenty working days from the date of receipt of the draft law, ordinance, decree.

d) For draft regulatory legal documents within the authority of the Minister to issue: send the draft regulatory legal document to the Information Technology Center for publication on the Ministry of Transport’s electronic information website at least 60 days before submitting the document for signature; request comments from other relevant advisory agencies; incorporate comments, edit the draft document, and report to the Deputy Minister responsible for requesting comments from agencies, organizations, and individuals outside the transport sector (if necessary); incorporate comments, edit the draft document; send it to the Legal Affairs Department for review.

đ) Within no more than two working days from the date of receipt of the draft regulatory legal document sent by the advisory agency, the Information Technology Center is responsible for publishing it on the Ministry of Transport’s electronic information website and designing a link for the advisory agency to receive and respond to comments from agencies, organizations, and individuals.

Article 17. Impact Assessment Reports of Legal Documents

1. The impact assessment report on legal documents includes:

a) Preliminary impact assessment report on legal documents;

b) Impact Assessment Report before drafting the legal document;

c) Impact Assessment Report during the drafting process of the legal document (including Simple Impact Assessment Report and Comprehensive Impact Assessment Report);

d) Impact Assessment Report after implementing the legal document;

2. Tasks for Building Impact Assessment Reports of Legal Documents:

a) Agencies and organizations under the Ministry that propose to draft laws, ordinances, decrees shall be responsible for conducting preliminary Impact Assessment Reports of the legal document;

b) The agency providing advice and submitting the proposal shall be responsible for leading and coordinating with the agency directly drafting the document to conduct Impact Assessment Reports before and during the drafting process of the legal document;

c) The agency directly drafting the document shall be responsible for leading and coordinating with the agency providing advice and submitting the proposal to conduct Impact Assessment Reports after implementing the legal document in accordance with the provisions of the law.

3. Content of Impact Assessment Reports of Legal Documents

a) Preliminary Impact Assessment Report of the legal document: must clearly state the issues to be resolved and the objectives of the proposed policy, various options to resolve these issues; select the optimal option to resolve the issue based on an impact assessment regarding economic, social, environmental, legal system impacts, impacts on citizens' basic rights and obligations, the ability of agencies, organizations, and individuals to comply, and other impacts.

b) Impact Assessment Report before drafting the legal document and Impact Assessment Report during the drafting process of the legal document:

- Simple Impact Assessment Report: must clearly state the issues to be resolved and the objectives of the proposed policy, various options to resolve these issues; select the optimal option to resolve the issue based on an impact assessment of specific measures to implement the basic policies of the draft document based on qualitative or quantitative analyses of costs, benefits, positive and negative impacts of each measure. The impact assessment focuses on economic, social, environmental, and legal system impacts; impacts on citizens' basic rights and obligations; the ability of agencies, organizations, and individuals to comply, and other impacts.

- Comprehensive Impact Assessment Report: in addition to following the contents prescribed in point b of this clause, it must analyze qualitatively and quantitatively all impacts. A Comprehensive Impact Assessment Report must be prepared when the results of the Simple Impact Assessment Report indicate that: the document may generate annual costs of 15 billion VND or more for the State, agencies, organizations, or enterprises, individuals; the document may have significant negative impacts on certain groups in society; the document may affect a large number of businesses; the document may significantly increase consumer prices; the document has many differing opinions, is of public concern, and has a significant impact on common interests.

4. The preliminary Impact Assessment Report of the legal document must be signed and confirmed by the Minister when submitting the proposal to draft the legal document; the Impact Assessment Report during the drafting process of the legal document must be signed and confirmed by the Minister when submitting the proposal for review to the Ministry of Justice.

Chapter 3.

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 18. Authority for Reviewing Draft Regulatory Legal Documents

1. For regulatory legal documents as specified in points b, c, and d, Clause 2, Article 3 of this Circular, which are drafted by advisory agencies and submitted to the Minister, must be reviewed by the Legal Affairs Department before being sent to the Ministry of Justice for review or before being submitted to the Minister for consideration and issuance; if necessary, the Legal Affairs Department may organize meetings or establish a Review Board comprising relevant Departments, Bureaus, and experts and scientists.

2. For regulatory legal documents directly drafted or advised by the Legal Affairs Department and submitted to the Minister, the Legal Affairs Department shall organize meetings or establish a Review Board if deemed necessary.

3. The Legal Affairs Department is responsible for the content of the review as stipulated in Clause 1, Article 20 of this Circular.

Article 19. Documentation for Submitting Draft Regulatory Legal Documents for Review

1. Documentation submitted by advisory agencies to the Legal Affairs Department requesting review of draft regulatory legal documents includes:

a) A letter requesting the Legal Affairs Department to review the draft regulatory legal document;

b) The draft proposal to the Government or Prime Minister as prescribed in point b, Clause 1, Article 15 or the letter from the Bureau submitting to the Ministry as prescribed in point a, Clause 2, Article 15 of this Circular;

c) The draft regulatory legal document after having been revised by the advisory agency according to Article 16 of this Circular;

d) A summary of opinions from agencies, organizations, and individuals (accompanied by an explanation on the adoption of comments and copies of documents containing opinions from related agencies, organizations, and individuals);

đ) Differences in opinion between the Bureau drafting the document directly and the advisory agency submitting the draft (if any);

e) Detailed explanatory memorandum and impact assessment report during the drafting process;

g) Reference materials (if any).

2. Two sets of documentation should be submitted to the Legal Affairs Department for reviewing draft regulatory legal documents, and ten sets should be submitted to the Ministry of Justice for review.

Article 20. Content and Time Limit for Reviewing Draft Regulatory Legal Documents

1. The content of reviewing draft regulatory legal documents includes:

a) The necessity of promulgating the document;

b) Scope of application and regulated entities;

c) Compliance with the Party's guidelines, policies; constitutionality, legality, consistency, and coherence of the draft regulatory document within the current legal system;

d) Compatibility with international treaties to which the Socialist Republic of Vietnam is a party;

đ) Drafting techniques and legal language of the draft regulatory legal document;

e) Feasibility of the draft document, including the alignment between the provisions of the draft document and practical requirements, societal development levels, and implementation conditions;

g) Solutions to issues with differing opinions.

2. The maximum time limit for the Legal Affairs Department to review draft regulatory legal documents is seven working days, starting from the date when all required documentation is received as stipulated in Article 19 of this Circular; if a Review Board needs to be established, the above period may be extended but not exceeding ten working days, except in cases with valid reasons and approved by the Ministry's leadership.

3. After reviewing the draft regulatory legal document, the Legal Affairs Department sends the review document according to the model prescribed in Appendix 6 of this Circular to the advisory agency submitting the draft to complete the draft document, compile the documentation, and submit it to the Ministry's leadership for sending to the Ministry of Justice for review. The maximum time limit for the Ministry of Justice to review is twenty working days (for legislative projects, ordinances, and resolutions), fifteen working days (for draft decrees), and ten working days (for draft decisions of the Prime Minister), starting from the date when all review documentation is received.

4. After receiving the review document from the Ministry of Justice, the leading advisory agency, in coordination with the Legal Affairs Department and the drafting agency, shall adopt the review comments of the Ministry of Justice and finalize the draft document.

Chapter 4.

ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Article 21. Soliciting Opinions from Ministry Leaders on Draft Regulatory Legal Documents

1. The advisory agency shall submit the draft document that has been revised following the review opinion of the Ministry of Justice (for draft documents submitted to the Government or the Prime Minister) or the review opinion of the Department of Legal Affairs (for draft circulars of the Minister), to solicit opinions from Ministry leaders (the Minister and Deputy Ministers) according to the model prescribed in Appendix 7a and Appendix 7b, along with the dossier stipulated in Articles 22 and 23 of this Circular.

2. Ministry leaders shall return their opinions to the advisory agency within no more than seven working days from the date of receipt of the Opinion Request Form, except in cases where Ministry leaders are absent due to official duties.

3. During the process of incorporating feedback, revising, and finalizing the draft regulatory legal document, the advisory agency shall coordinate with the Ministry Office to organize at least one meeting chaired by a Deputy Minister responsible for the matter, with the participation of relevant agencies, organizations, and individuals.

Article 22. Dossier for Advisory Agencies Submitting Draft Regulatory Legal Documents Directly Drafted by the Bureau to the Minister

1. For draft legal normative documents submitted to the Government, Prime Minister, the submission files shall include:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) The review document of the Ministry of Justice;

c) The draft Memorandum to the Government or the Prime Minister as prescribed in point b, Clause 1, Article 15 of this Circular (two copies);

d) The draft regulatory legal document that has been revised following the review document of the Ministry of Justice;

đ) Report explaining, incorporating leadership opinions, review opinions, and suggestions from agencies, organizations, and individuals;

e) Detailed explanatory memorandum and impact assessment report during the drafting process;

g) The review document of the Department of Legal Affairs;

h) A summary attached with the documents participating in the opinions of related agencies, organizations, and individuals;

i) Report summarizing the implementation of laws, evaluating the current social relations related to the main content of the project or draft document (for projects or ordinances);

k) The Opinion Request Form for soliciting opinions from Ministry leaders.

2. For draft regulatory legal documents submitted to the Minister for issuance, the dossier includes:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) The letter from the Bureau requesting the Minister to issue the regulatory legal document as prescribed in point a, Clause 2, Article 15 of this Circular;

c) Revised draft regulatory legal document after receiving the review document from the Legal Affairs Department;

d) The review document of the Department of Legal Affairs;

đ) Summary of opinions from agencies, organizations, and individuals directly affected by the document (including explanations about incorporating leadership opinions, review opinions, and suggestions; copies of the suggestions);

e) The Opinion Request Form for soliciting opinions from Ministry leaders.

Article 23. Dossier for Advisory Agencies Directly Drafting Regulatory Legal Documents Submitted to the Minister

1. For draft regulatory legal documents submitted to the Government or the Prime Minister, the dossier shall be prepared according to the provisions of Clause 1, Article 22 of this Circular.

2. For draft regulatory legal documents submitted to the Minister for signing and issuing, the dossier includes:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) A report explaining the necessity of issuing the document, scope of regulation, applicable subjects, drafting process, main contents of the document, differing opinions, and reference materials;

c) Revised draft regulatory legal document after receiving the review document from the Legal Affairs Department;

d) The review document of the Department of Legal Affairs;

đ) Summary of opinions from agencies, organizations, and individuals directly affected by the document (including explanations about incorporating leadership opinions, review opinions, and suggestions; copies of the suggestions);

e) The Opinion Request Form for soliciting opinions from Ministry leaders.

Article 24. Procedure for Submitting Draft Regulatory Legal Documents to the Minister

1. The advisory agency shall submit the draft document dossier to the Ministry Office and bear responsibility for the content and format of the draft document.

2. Upon receiving the dossier of the draft regulatory legal document, the Ministry Office shall check the dossier and document format; if the dossier is complete as prescribed in Article 22 or Article 23 of this Circular, it shall be submitted to the Deputy Minister responsible for the field for comments; if the dossier is incomplete or does not comply with regulations, the Ministry Office shall request the advisory agency to supplement and complete the dossier.

3. After the Deputy Minister agrees with the draft regulatory legal document, the advisory agency shall coordinate with the Ministry Office to report to the Minister for consideration, organize a meeting before submitting the Minister to sign and issue the regulatory legal document or sign the Memorandum to the Government or the Prime Minister; in case the Minister delegates authority to the Deputy Minister, the Ministry Office shall submit the Deputy Minister to sign and issue the regulatory legal document or the Memorandum to the Government or the Prime Minister.

In case the Deputy Minister disagrees with the draft document, the Ministry Office shall return the dossier to the advisory agency to study, revise the draft document or retain its opinion with an explanation, resubmitting the dossier to the Ministry Office for the Minister's consideration and decision.

4. The Ministry Office shall be responsible for the dossier and document format submitted to Ministry leaders.

5. The advisory agency submitting the draft document shall be responsible for monitoring, providing additional explanations, or performing other related tasks until the document is issued.

Article 25. Signing for issuance, submitting to the Government, the Prime Minister, and publishing documents

1. The Minister or Deputy Minister in charge shall sign for the issuance of normative legal documents (one original copy) and sign the Memorandum to the Government and the Prime Minister regarding draft normative legal documents (two original copies) in accordance with Article 7 of this Circular.

2. Within no more than two working days from the date the Minister signs for the issuance of normative legal documents or signs the Memorandum to the Government and the Prime Minister, the Ministry’s Office shall be responsible for printing, numbering, stamping, retaining one original copy, sending one original copy to the Government and the Prime Minister (in cases where the Ministry submits to the Government and the Prime Minister), sending the document to organizations and individuals according to "Distribution", returning the submitted file to the advisory agency that submitted the draft document. For circulars signed by the Minister, the Ministry’s Office shall send two copies to the Government’s Office for publication in the Official Gazette and on the Government’s electronic information website.

3. Within no more than two working days from the date the Minister signs for the issuance of circulars, the advisory agency submitting the draft shall be responsible for providing the soft copy of the circular to the Ministry’s Office and the Legal Department through the Ministry's email system for publication on the Government’s and the Ministry of Transport’s electronic information websites.

4. Within no more than three working days from the date the Minister signs for the issuance, the circular must be sent to the National Assembly’s Ethnic Council, relevant Committees of the National Assembly; the Department of Legal Document Inspection (Ministry of Justice) and the Legal Department; for joint documents involving the Ministry of Justice, in addition to the aforementioned agencies, they must also be sent to the Legal Affairs Department (Government’s Office) to carry out legal document inspection as prescribed by law.

5. The Legal Department shall take the lead and coordinate with the Information Technology Center to publish normative legal documents on transportation on the Ministry of Transport’s electronic information website, and take the lead and coordinate with various Departments and Bureaus to organize the dissemination and education of normative legal documents on transportation that have been issued.

Article 26. Translation of Normative Legal Documents

1. Except for documents containing state secrets, immediately after the normative legal document is published or signed for issuance, the advisory agency submitting the document shall take the lead and coordinate with the drafting agency and the International Cooperation Department, the Legal Department to advise the Ministry’s leadership to translate the document into English and possibly into other foreign languages for the following documents:

a) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly;

b) Decrees of the Government, decisions of the Prime Minister, circulars of the Minister concerning goods trade, services, and intellectual property.

2. For normative legal documents not covered by Clause 1 of this Article, if deemed necessary, the advisory agency submitting the document shall advise the Ministry’s leadership to translate the document into English and other foreign languages, except for documents containing state secrets.

3. After completing the translation of normative legal documents into English as stipulated in Clause 1 of this Article, the International Cooperation Department shall take the lead and coordinate with the Vietnam News Agency and the advisory agency submitting the document to finalize the translation.

4. The advisory agency submitting the document shall take the lead and coordinate with the Ministry’s Office and the Legal Department to publish the translation on the Government’s and the Ministry of Transport’s electronic information websites within no more than ninety days from the date the normative legal document is published in the Official Gazette.

Article 27. Procedure for issuing regulatory legal documents drafted by agencies under the Government and submitted to the Minister of Transport for signature and issuance when assigned by the Prime Minister

1. The dossier for drafting regulatory legal documents submitted by agencies under the Government to the Minister of Transport includes:

a) A letter requesting the Ministry of Transport to issue regulatory legal documents, specifying the necessity for issuance, scope of regulation, applicable subjects, drafting process, main contents, issues with differing opinions, reference materials;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) The legal review document of the legal institution of the agency under the Government;

d) A summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation on the adoption of comments and copies of the comments);

2. Upon receipt of the dossier drafted by agencies under the Government and submitted for approval, the Minister shall assign the advisory agency to draft the document according to the provisions of Article 12 of this Circular.

3. Within fifteen working days from the date of receipt of the dossier drafted by agencies under the Government and submitted to the Ministry, the advisory agency assigned the task of drafting the document shall be responsible for studying, soliciting opinions from related advisory agencies, submitting the document to the Legal Department for verification and consolidation, adopting opinions, revising the draft document, and submitting it to the Minister for signature and issuance. In cases where conditions for issuance are not met, the advisory agency shall submit a document to the Minister for signing to respond to the agency under the Government.

Chapter 5.

INSPECTION AND HANDLING OF REGULATORY LEGAL DOCUMENTS

Article 28. Inspection of Regulatory Legal Documents

1. The inspection and handling of regulatory legal documents shall be carried out in accordance with the provisions of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government, Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of certain articles of Decree No. 135/2003/NĐ-CP, and the provisions of this Circular.

2. The inspection of regulatory legal documents as stipulated in Clause 1 of this Article includes:

a) Self-inspection of regulatory legal documents issued by the Minister of Transport and joint documents issued by the Minister together with other Ministers, Heads of agencies at the ministerial level, Chief Justice of the Supreme People's Court, and Prosecutor General;

b) Inspection of regulatory legal documents that contain provisions related to the national management sector of transport issued by the Minister, Heads of other agencies at the ministerial level, Provincial People's Councils, and Provincial People's Committees.

3. The Legal Department serves as the focal point assisting the Minister in implementing the inspection of regulatory legal documents.

Article 29. Methods for Implementing the Inspection of Regulatory Legal Documents

1. The Legal Department implements self-inspection of regulatory legal documents through the following methods:

a) Regularly organizing inspections of documents when the Ministry issues them and when departments issue them to guide the implementation of laws;

b) Promptly organizing inspections of documents when:

- Economic and social conditions have changed or when higher-level state agencies issue new documents making the content of previously issued documents no longer appropriate;

- Receiving requests, suggestions, notifications from agencies, persons authorized to inspect documents, or from other agencies, organizations, individuals, and mass media regarding documents issued by the Ministry that appear to violate the law or are no longer appropriate.

2. The Legal Department conducts inspections of documents related to the national management sector of transport issued by the Minister, Heads of other agencies at the ministerial level, Provincial People's Councils, and Provincial People's Committees upon receipt of the documents or upon receiving requests, suggestions, notifications from agencies, organizations, individuals, and mass media regarding documents that appear to violate the law or are no longer appropriate.

3. Based on the degree and requirements for inspecting regulatory legal documents, the Director of the Legal Department may organize and manage a team of cooperating inspectors for regulatory legal documents, seek expert opinions on inspected regulatory legal documents.

Article 30. Content of Legal Normative Document Inspection

1. The content of legal normative document inspection (including documents containing traffic regulations but not issued in the form of legal normative documents or issued by agencies without authority to issue legal normative documents) involves reviewing, evaluating, and concluding on the legality of the document.

2. A lawful document is one that meets all of the following conditions:

a) Issued based on appropriate legal grounds;

b) Issued within the proper authority;

c) Contains content consistent with legal provisions;

d) Issued in the correct format and presentation technique;

đ) The document has complied fully with all regulations regarding procedures for drafting, issuing, and publishing in the Official Gazette, disseminating news, or announcing the document.

Article 31. Procedures for Self-Inspection and Handling of Legal Normative Documents

The Legal Affairs Department is responsible for organizing self-inspection of documents in accordance with the regulations. In cases where illegal content, exceeding authority, or outdated content is discovered, the following procedure shall be followed:

1. Notify the agency directly drafting the document and the agency advising on the draft document.

2. Reach agreement with the agency directly drafting the document and the agency advising on the draft document on illegal content or outdated content; agree on measures to handle illegal content or outdated content of the inspected document (suspending, amending, revoking, or partially or entirely abolishing the content of the document) to report to the Ministry's leadership for decision.

If the Legal Affairs Department, the agency directly drafting, and the agency advising on the draft document cannot reach agreement on handling measures for the inspected document, the Legal Affairs Department will report to the Ministry's leadership for decision.

3. Record the inspection and handling of documents showing signs of violating the law in a tracking log and prepare an inspection report according to the model specified in Appendix 8 of this Circular.

4. Submit the inspection and handling file of illegal documents to the Ministry's leadership in accordance with Article 33 of this Circular.

Article 32. Procedures for Inspecting and Handling Legal Normative Documents Issued by the Minister, Heads of Other Ministries at the Same Level, People's Councils, and Provincial People's Committees.

1. The Legal Affairs Department is responsible for organizing the inspection of documents in accordance with the regulations. Upon discovering illegal content, exceeding authority, or outdated content, the Legal Affairs Department advises the Ministry's leadership to sign a notification to the agency or person with authority who issued the document to conduct self-inspection and handling in accordance with the law.

2. Within thirty days from the date of receipt of the notification, if the agency or person with authority who issued the document showing signs of illegality does not handle it or the handling result is not accepted by the Ministry's leadership, the Legal Affairs Department advises the Ministry's leadership to sign a document to handle illegal documents in accordance with Clause 1, Article 16 of Decree No. 135/2003/ND-CP dated November 14, 2003 of the Government, specifically as follows:

a) Recommend the Minister or Head of another ministry at the same level who issued the document contrary to the legal normative document on transportation issued by the Ministry of Transport to suspend implementation, revoke part or all of the document within fifteen days from the date of receipt of the recommendation; if the recommendation is not accepted or not handled within the said period, report to the Minister to report to the Prime Minister for decision.

b) Recommend the Prime Minister to suspend implementation of the resolution of the provincial People's Council contrary to the legal normative document on transportation issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, or the Ministry of Transport.

c) Suspend implementation and recommend the Prime Minister to revoke the decision or directive of the provincial People's Committee contrary to the legal normative document on transportation issued by the Ministry of Transport; if the provincial People's Committee does not agree with the decision or directive, they must still comply with the decision of the Ministry of Transport but have the right to recommend to the Prime Minister.

3. The Legal Affairs Department implements the inspection and handling procedures in accordance with Clause 3 and Clause 4 of Article 31 of this Circular.

Article 33. Documents for reviewing and handling illegal legal texts submitted to the Ministry's Leadership

The documents for reviewing and handling illegal legal texts submitted to the Ministry's Leadership by the Legal Affairs Department include:

1. A submission form for the document according to the model prescribed by the Ministry's Office;

2. An inspection form for the document;

3. The document to be inspected;

4. Legal regulations serving as the legal basis for the inspection;

5. A draft notification document or a document for handling illegal legal texts.

Article 34. Report on Inspection and Handling of Legal Regulations

The Legal Affairs Department is responsible for compiling and submitting to the Ministry's Leadership for signing a report to the Prime Minister and the Ministry of Justice on the work of inspecting and handling legal regulations every six months and annually.

Chapter 6.

REVIEWING, SYSTEMATIZING, AND ASSESSING THE IMPACT OF LEGAL REGULATIONS AFTER IMPLEMENTATION

Article 35. Responsibilities for Reviewing and Systematizing Legal Regulations

Departments and Bureaus have the responsibility to regularly review and systematize legal regulations within their assigned fields. During the process of reviewing and systematizing legal regulations, if they discover illegal regulations or regulations that are no longer suitable for current circumstances, Departments and Bureaus must promptly submit to the Minister for consideration to suspend implementation, amend, supplement, replace, abolish, or revoke the regulation according to their authority or recommend the competent authority to suspend implementation, amend, supplement, replace, abolish, or revoke the regulation.

Article 36. Report on the Work of Reviewing and Systematizing Legal Regulations

1. Annually, the advisory agency assigned according to Article 12 of this Circular shall take the lead and coordinate with Departments, Bureaus, agencies, and organizations under the Ministry to compile the results of reviewing and systematizing legal regulations and send them to the Legal Affairs Department by June 30 and December 31 for the Legal Affairs Department to compile and report to the Ministry's Leadership.

2. Every six months, the Legal Affairs Department is responsible for taking the lead and coordinating with Departments and Bureaus to establish a list of valid, expired, abolished, revoked, or replaced legal regulations, which will be signed and issued by the Minister and published in the Official Gazette.

3. Every five years, the Legal Affairs Department is responsible for taking the lead and coordinating with Departments and Bureaus to systematize legal regulations and laws issued by the National Assembly, Standing Committee of the National Assembly, President, Prime Minister, Minister, or head of an equivalent ministry regarding transportation that are still in effect.

Article 37. Report on Assessing the Impact of Legal Regulations After Implementation

1. Three years after the law, ordinance, or decree becomes effective, the drafting agency is responsible for taking the lead and coordinating with the advisory agency and the Legal Affairs Department to organize an impact assessment during the drafting phase to determine the rationality and feasibility of the provisions. Based on this, recommendations should be made to the Ministry for measures to improve the effectiveness of the regulation or perfect the regulation.

2. The content of the report on assessing the impact of legal regulations after implementation includes: analysis of actual costs, benefits, and other impacts; the degree of compliance with the regulation by the implementing entities and recommendations for enforcement measures or amendments to the regulation in necessary cases.

3. The draft report on assessing the impact of legal regulations after implementation must be published along with relevant data and cost-benefit calculations on the website of the drafting agency of the Ministry of Transport for at least 30 days to allow other agencies, organizations, and individuals to provide comments.

4. The drafting agency takes the lead and coordinates with the advisory agency and the Legal Affairs Department to finalize the impact assessment report based on the feedback and submit it to the Ministry.

The advisory agency takes the lead and coordinates with the drafting agency and the Legal Affairs Department to advise the Ministry's Leadership to sign a letter sending the impact assessment report to the Ministry of Justice for consolidation and reporting to the Government.

Chapter 7.

EFFECTIVE DATE AND IMPLEMENTATION

Article 38. Effective Date

This Circular shall take effect 45 days from the date of signature; it abolishes Decision No. 25/2006/QĐ-BGTVT dated May 24, 2006, issued by the Minister of Transport on the regulations for drafting, reviewing, promulgating, inspecting, and handling transport-related regulatory documents.

Article 39. Implementation Organization

1. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, Bureaus, agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Department Head of the Legal Affairs Department shall be responsible for urging, inspecting, compiling, and reporting to the Minister every six months on the implementation of this Circular.