Circular No. 16/2017/TT-NHNN amends and supplements certain articles of Circular No. 27/2016/TT-NHNN regarding procedures for drafting and promulgating legal regulatory documents of the State Bank of Vietnam. This document aims to improve regulations on soliciting opinions and response deadlines during the drafting process.
Scope of application
The State Bank of Vietnam and units under the State Bank of Vietnam
Key points
- Units whose opinions are sought must respond in writing within a maximum period of 07 working days (Article 1, Clause 2 Article 21).
- In cases where it is necessary and with the approval of the Governor or Deputy Governor responsible, the unit primarily drafting may set a shorter opinion solicitation period but no less than 03 working days (Article 1, Clause 2 Article 21).
- Delete Point d Clause 2 Article 21 regarding specific provisions on response deadlines when soliciting opinions.
- When drafting legal regulatory documents that include administrative procedures, the process of soliciting opinions for such administrative procedures and other content related to administrative procedure oversight shall be carried out in accordance with laws governing administrative procedure oversight (Article 1, Clause 4 Article 21).
- The State Bank of Vietnam and units under the State Bank of Vietnam are responsible for implementing this Circular.
🌐 Social impact of this document
- Enhance effectiveness in soliciting opinions when drafting legal regulatory documents of the State Bank of Vietnam.
- Reduce waiting time to receive feedback from units whose opinions are sought, thereby accelerating the promulgation process of documents.
❓ Frequently asked questions
What is the maximum period for units whose opinions are sought to respond in writing?
07 working days from the date of receipt of the request to participate in providing opinions.
In cases where necessary, how much shorter can the opinion solicitation period be set?
No less than 03 working days.
Which unit is responsible for organizing the implementation of this Circular?
The Director of the Office, Heads of Departments under the Legal Department, Heads of units under the State Bank of Vietnam, and Directors of provincial branches of the State Bank of Vietnam.
What regulations govern administrative procedures when drafting legal regulatory documents of the State Bank of Vietnam?
Regulations governing administrative procedure oversight.
Full text
CIRCULAR
AMENDING AND ADDING SEVERAL PROVISIONS OF CIRCULAR NO. 27/2016/TT-NHNN DATED SEPTEMBER 28, 2016 ISSUED BY THE GOVERNOR OF THE STATE BANK OF VIETNAM ON GUIDELINES FOR PROCEDURES AND METHODS TO DEVELOP AND ISSUE LEGAL REGULATIONS OF THE STATE BANK OF VIETNAM
tháng 9 năm 2016 của Thống đốc Ngân hàng Nhà nước Việt Nam hướng dẫn trình tự, thủ tục xây dựng, ban hành văn bản quy phạm pháp luật của Ngân hàng Nhà nước Việt Nam
trình tự, thủ tục xây dựng, ban hành văn bản quy phạm pháp luật của
Luật
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Legal Regulation Issuanceứ Luật PROCEDURES JUNE 22 2015;
Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and guiding implementation of the Law on Legal Regulation Issuance;
Pursuant to Decree No. 16/2017/NĐ-CP dated February 17, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Legal Department;
The Governor of the State Bank of Vietnam issues this Circular amending and adding several provisions of Circular No. 27/2016/TT-NHNN dated September 28, 2016 issued by the Governor of the State Bank of Vietnam on guidelines for procedures and methods to develop and issue legal regulations of the State Bank of Vietnam.
ARTICLE 1. AMENDING AND ADDING SEVERAL PROVISIONS OF CIRCULAR NO. 27/2016/TT-NHNN DATED SEPTEMBER 28, 2016 ISSUED BY THE GOVERNOR OF THE STATE BANK OF VIETNAM ON GUIDELINES FOR PROCEDURES AND METHODS TO DEVELOP AND ISSUE LEGAL REGULATIONS OF THE STATE BANK OF VIETNAM
1. ADDING Clause 4 to Article 1 as follows:
“4. In cases where legal regulations contain provisions on administrative procedures, the solicitation of opinions on such administrative procedure provisions and other contents related to administrative procedure oversight shall be carried out in accordance with laws on administrative procedure oversight.”
2. AMENDING AND ADDING POINT b Clause 2 Article 21 as follows:
“b) The unit solicited for opinion is responsible for responding in writing within a maximum period of seven working days from the date of receipt of the request to participate in providing opinions.
In cases where necessary and with the consent of the Governor or Deputy Governor in charge, the main drafting unit may set a shorter time limit for soliciting opinions than that mentioned above, but at least three working days. The unit solicited for opinion is responsible for responding within the deadline stated on the document requesting opinions;”.
Article 2.
Repeals Point d, Clause 2 of Article 21 of Circular No. 27/2016/TT-NHNN dated September 28, 2016, issued by the Governor of the State Bank of Vietnam guiding procedures for drafting and promulgating legal regulations of the State Bank of Vietnam.
Article 3. Responsibility to Implement
The Director of the Office, Heads of Legal Department, Heads of units under the State Bank of Vietnam, Governors of provincial branches of the State Bank of Vietnam directly under central authority are responsible for implementing this Circular.
Article 4Hiệu lực thi hành
This Circular takes effect from January 1, 2018.
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