DECREE NO. 161/2005/ND-CP DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON ENACTING LEGAL DOCUMENTS AND THE AMENDMENT AND SUPPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON ENACTING LEGAL DOCUMENTS

DECREE

Detailed regulations and guidance on implementing certain provisions of the Law on Enacting Legal Normative Documents and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents.

This Decree provides detailed regulations and guidance on implementing certain provisions of the Law on Enacting Legal Normative Documents 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents 2002 regarding general provisions in drafting and enacting legal normative documents, the powers and responsibilities of Ministries, ministerial-level agencies, Government agencies, and related agencies in preparing the Government's draft program for legislative work, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly (hereinafter referred to collectively as the legislative program), presenting the Government's draft program for resolutions and decrees to the Standing Committee of the National Assembly; procedures and formalities for drafting laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly; procedures and formalities for drafting and promulgating legal normative documents of the Government, the Prime Minister, Ministers, and heads of ministerial-level agencies. 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

__________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

WHEREAS, the Law on Enacting Regulatory Legal Documents dated November 12, 1996 and the Law Amending and Supplementing Certain Articles of the Law on Enacting Regulatory Legal Documents dated December 16, 2002;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

Article 2. Draft legal normative documents

The draft legal normative documents (hereinafter referred to collectively as the draft) specified in this Decree include the draft laws, ordinances submitted by the Government to the National Assembly and the Standing Committee of the National Assembly; the draft legal normative documents of the Government, the Prime Minister, and Ministers; joint draft legal normative documents issued by Ministries and ministerial-level agencies as one party, or joint draft resolutions between the Government and central agencies of political-social organizations.

Article 3. Legal normative documents of central state agencies

1. Legal normative documents of central state agencies as stipulated in this Decree must have all the following elements:

a) Issued by a state agency or person with authority according to the form prescribed in Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents;

b) Issued according to the procedures and steps prescribed in the Law on Enacting Legal Normative Documents, the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents, the provisions of this Decree, and relevant legal normative documents;

c) Contain general rules of conduct applicable repeatedly to all subjects or a group of subjects and effective nationwide or in specific localities (legal norms);

d) Guaranteed by the State for implementation through measures prescribed by law.

2. Documents issued by state agencies or persons with authority but lacking all the elements of legal normative documents as stipulated in Clause 1 of this Article, such as: the National Assembly’s resolution on the legislative program and the resolution adjusting the legislative program; the Government’s resolution on the program for resolutions and decrees and the resolution adjusting the program for resolutions and decrees of the Government; the Government’s decree approving electoral units and the number of provincial People's Council deputies; the National Assembly’s resolution on the removal, resignation, or approval of election results for deputies and other positions; decisions approving the civil service quota and administrative management budget of agencies and units; decisions establishing agencies and units; decisions allocating economic and social targets to agencies and units; decisions establishing temporary Steering Committees, Councils, and Commissions to perform tasks for a specific period; the President's decree announcing laws and ordinances; decisions approving the charter of associations and non-governmental organizations; decisions on salary increases, commendations, disciplinary actions, job transfers; decisions appointing, removing, dismissing, accepting resignation, temporarily suspending civil servants and officials; decisions approving the election results of provincial People's Council members; decisions handling administrative violations; internal normative documents of agencies and units; individual documents to launch campaigns, commend good people and deeds; individual documents with administrative directive or professional guidance nature or to guide specific cases for specific subjects, are not considered legal normative documents and are not within the scope of regulation of this Decree.

3. Documents containing legal norms as stipulated in Point c but lacking the elements prescribed in Points a, b, and d of Clause 1 of this Article, such as letters, notifications, telegrams, guidelines, and other administrative papers, must be suspended from enforcement and dealt with promptly according to the law.

3. Documents containing legal norms as provided for in Point c but lacking the elements specified in Points a, b, and d of Clause 1 of this Article, such as circulars, notifications, telegrams, guidelines, and other administrative documents, shall be suspended from implementation and promptly addressed in accordance with the provisions of the law.

Article 4. Constitutionality, Legality, and Consistency of the System of Legal Normative Documents

1. Legal normative documents issued by lower state agencies must be consistent with the Constitution and legal normative documents of higher state agencies; legal normative documents of state agencies at the same level on the same issue must be consistent with the legal normative documents of the specialized management agency regarding that issue.

2. Legal normative documents that do not ensure constitutionality, legality, and consistency of the system of legal normative documents must be promptly suspended from implementation, abolished, revoked, or amended according to the provisions of the law.

Article 5. Number and Code of Legal Normative Documents

1. When issuing legal normative documents, they must be numbered in sequence according to the year of issuance and have a specific code for each type of document.

2. The numbering must start from number 01 for each type of document issued in that year.

Joint legal normative documents shall be numbered in sequence according to the number of the legal normative document of the leading drafting agency.

3. The code of legal normative documents issued by the Government, Prime Minister, Minister, Head of an agency equivalent to a ministry, and joint legal normative documents shall be as follows: the number of the document/year of issuance (full number of the year)/abbreviation of the document - abbreviation of the issuing agency - joint issuing agency.

4. Abbreviations of legal normative documents and abbreviations of agencies issuing legal normative documents shall be as follows:

a) Regarding the abbreviations of legal normative documents:

- Resolution is abbreviated as NQ;

- Decree is abbreviated as NĐ;

- Decision is abbreviated as QĐ;

- Directive is abbreviated as CT;

- Circular is abbreviated as TT;

- Joint Resolution is abbreviated as NQLT;

- Joint Circular is abbreviated as TTLT.

b) Regarding the abbreviations of agencies issuing legal normative documents:

- Government is abbreviated as CP;

- Prime Minister is abbreviated as TTg;

- For the names of Ministries and agencies equivalent to ministries, abbreviate by using the first capital letter of each word in the name of the Ministry or agency; for names of Ministries and agencies equivalent to ministries containing the conjunction "and", do not abbreviate the conjunction;

- For the names of joint agencies, abbreviate by using the first capital letter of the name of the leading drafting agency; abbreviate by using the first capital letter of the name of each participating agency in the issuance of joint documents in alphabetical order.

Article 6. Effective Date of Legal Normative Documents

1. Determining the effective date of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; legal normative documents of the President shall be carried out according to the provisions of Clauses 1 and 2, Article 75 of the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents.

In cases where a legal normative document contains a clause or article that needs detailed regulations, such clause or article must clearly specify the competent state agency to issue the detailed regulation and the deadline for issuance.

The effective date of the detailed regulation must correspond to the effective date of the document being detailed.

In cases where, due to objective reasons, the detailed regulation has not been issued, within ninety days from the effective date of the document being detailed, the detailed regulation must be issued. This provision only applies to detailed regulations guiding the implementation of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; legal normative documents of the President. The effective date of the detailed regulation in this case shall be determined according to the provisions of Points a, d, and e of Clause 2 of this Article.

2. Legal normative documents of the Government, Prime Minister, Minister, Head of an agency equivalent to a ministry; joint legal normative documents where the Government, Ministry, or agency equivalent to a ministry is a signatory must specify the effective date in the document itself. The determination of the effective date of these legal normative documents shall be carried out according to the following principles:

a) The effective date of the document must be later than fifteen days from the date of publication in the Official Gazette, except in cases where the Government or Prime Minister's document stipulates emergency measures or is issued to address urgent issues, in which case the effective date of the document may be specified after signing and must be specifically stated in the document.

b) For documents requiring time for publicity and dissemination of their contents to the implementing entities or for preparation of conditions for implementation, the effective date of the document must be later than fifteen days from the date of publication in the Official Gazette and must be specifically stated in the document;

c) The retroactive effect of the document shall be implemented according to the provisions of Article 76 of the Law on Enacting Legal Normative Documents;

d) The effective date of the detailed regulation shall be determined according to the provisions of Points a and b of Clause 2 and Clause 3 of this Article;

đ) For provisions in detailed regulations that benefit the subjects of application, the application date of those provisions shall be calculated from the effective date of the detailed regulation and must be specifically stated in the detailed regulation.

e) For provisions in detailed regulations concerning obligations or sanctions that are disadvantageous to the subjects of application, the effective date shall be calculated from the effective date of the detailed regulation.

3. Effective date of legal normative documents containing national secrets:

a) In cases where legal normative documents contain national secrets but do not stipulate emergency measures or to address urgent issues, the effective date shall not be earlier than fifteen days from the date of issuance and must be specifically stated in the document.

b) In cases where legal normative documents contain state secrets and specify measures to be implemented in emergency situations or to address urgent issues, the effective date may be determined from the date of issuance and must be specifically stipulated in such documents.

Article 7. Authority to Sign and Issue Legal Normative Documents

1. The Prime Minister signs and issues legal normative documents of the Government, joint resolutions between the Government and central agencies of political-social organizations to guide the implementation of matters for which the law provides that political-social organizations participate in state management, and legal normative documents within the Prime Minister's authority. In the absence of the Prime Minister or based on areas assigned to Deputy Prime Ministers, the Prime Minister may authorize Deputy Prime Ministers to sign and issue legal normative documents within their authority.

2. Ministers and Heads of Ministries at the equivalent level sign and issue legal normative documents of Ministers and Heads of Ministries at the equivalent level, and joint legal normative documents where Ministers and Heads of Ministries at the equivalent level are one of the issuing parties. In the absence of Ministers and Heads of Ministries at the equivalent level, they may authorize deputies to sign and issue legal normative documents within their authority.

Article 8. Publishing Legal Normative Documents in the Official Gazette

1. The publication of legal normative documents in the Official Gazette shall be carried out as follows:

a) Legal normative documents issued by central state agencies must be published in the Official Gazette of the Socialist Republic of Vietnam by the Government Office within fifteen (15) days from the date of announcement or issuance, except for documents containing state secrets.

b) Legal normative documents issued by central state agencies as specified in point a of this clause must be sent to the Government Office within two (2) working days from the date of announcement or issuance for publication in the Official Gazette.

Published documents have the same validity as original documents.

c) The procedures and formalities for publishing legal normative documents in the Official Gazette shall be applied according to the regulations of the Government regarding the Official Gazette of the Socialist Republic of Vietnam.

2. Legal normative documents of the Government, the Prime Minister, Ministers, and Heads of Ministries at the equivalent level, and joint legal normative documents, if not published in the Official Gazette, shall not take effect, except for documents issued to specify measures to be implemented in emergency situations or to address urgent issues, documents specifying retroactive effect, or documents containing state secrets as stipulated in point b of Clause 3, Article 6 of this Decree.

Agencies, organizations, and individuals violating the deadlines for publishing legal normative documents in the Official Gazette or sending legal normative documents for publication in the Official Gazette as stipulated in points a and b of Clause 1 of this Article may be subject to handling according to the provisions of the law depending on the nature, degree of violation, and consequences.

Article 9. Correcting Legal Normative Documents

1. After being issued and published in the Official Gazette, if errors are discovered in legal normative documents, they must be corrected:

a) If the error is the responsibility of the issuing agency, the head of the agency or the person authorized by the head of the agency shall sign the correction document. In cases where the error is the responsibility of the Government or the Prime Minister, the Minister or the Director of the Government Office, acting on behalf of the Prime Minister, shall sign the correction document.

b) If the error is the responsibility of the Official Gazette agency, the correction document shall be signed by the Minister or the Director of the Government Office.

2. Corrections to legal normative documents that have been issued or published in the Official Gazette must be based on comparison with the original document and shall not alter the content of the provisions in the original document.

Corrections shall only be made for typographical errors or errors in the format and presentation of legal normative documents. Corrections shall not apply to errors in the basis for issuance, authority, or content of legal normative documents.

In cases where legal normative documents contain errors in authority or content, such documents shall be suspended from implementation and handled promptly according to the provisions of the law.

3. Correction documents must be published in the Official Gazette.

Article 10. Sending regulatory legal documents

Within three (3) working days from the date of issuance, regulatory legal documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies (including joint documents) must be sent to competent authorities responsible for supervision, inspection, and handling of documents as stipulated in Articles 81 and 84 of the Law on Issuing Regulatory Legal Documents and Articles 82, 82a, and 83 of the Law Amending and Supplementing Certain Provisions of the Law on Issuing Regulatory Legal Documents.

Article 11. Announcing Regulatory Legal Documents

1. Regulatory legal documents must be announced through mass media or posted on the Internet, except for documents containing state secrets.

2. Regulatory legal documents of central governmental agencies must be published on the Government’s electronic news website (Website), except for documents containing state secrets.

3. Regulatory legal documents of central governmental agencies must be sent to the Office of the Government within two (2) working days from the date of publication or issuance for posting on the Government’s electronic news website.

Within two (2) days from the date of receipt of the document, the Office of the Government shall be responsible for posting the regulatory legal documents of central governmental agencies on the Government’s electronic news website.

The Office of the Government shall specify the organization, management, use, and storage of regulatory legal documents on the Government’s electronic news website.

Article 12. Translation of Regulatory Legal Documents into Foreign Languages

1. Regulatory legal documents issued and published in the Official Gazette may be translated into foreign languages.

2. Translating regulatory legal documents into foreign languages must ensure the accuracy of the content; the language in the translation must be precise.

3. The translation of regulatory legal documents into foreign languages as prescribed in this Decree only has reference value.

4. The Vietnam News Agency shall take the lead and coordinate with the Ministry of Foreign Affairs and the agency responsible for drafting the regulatory legal documents to decide on the translation and be responsible for translating regulatory legal documents into foreign languages.

Article 13. Translation of Regulatory Legal Documents into Minority Languages

1. Regulatory legal documents issued and published or posted in the Official Gazette may be translated into minority languages.

2. Translating regulatory legal documents into minority languages must ensure the accuracy of the content; the language in the translation must be precise.

3. The Chairman of the People's Committee of a province shall decide on the translation and organize the translation of regulatory legal documents into minority languages based on the practical administration and state management at the local level.

Article 14. Compliance with Regulations on Protecting State Secrets

Drafting, soliciting opinions, examining, reviewing, sending, and issuing regulatory legal documents containing state secrets must comply with regulations on protecting state secrets.

Article 15. Reviewing and Systematizing Regulatory Legal Documents

1. Regulatory legal documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Ministers, and Heads of ministerial-level agencies must be regularly reviewed and systematized.

2. Ministries, ministerial-level agencies, and agencies under the Government shall be responsible for reviewing and systematizing regulatory legal documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Ministers, and Heads of ministerial-level agencies related to their sectoral or field management functions.

The Legal Department of Ministries, ministerial-level agencies, and agencies under the Government shall take the lead and coordinate with units under these ministries, ministerial-level agencies, and agencies under the Government to systematize regulatory legal documents related to sectoral or field management.

3. Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government shall be responsible for:

a) Every three years, organizing the systematization of regulatory legal documents under their sectoral or field management to compile a list of valid documents, those that have ceased to be effective, been abolished, revoked, or replaced by other documents; a list of valid documents that contain provisions requiring amendment, supplementation, or abolition; and submitting the lists of valid documents, those that have ceased to be effective, been abolished, revoked, or replaced by other documents to the Official Gazette.

b) Promptly suspending the implementation, amending, supplementing, replacing, abolishing, or revoking regulatory legal documents within their authority or recommending relevant state agencies or authorized persons to suspend the implementation, amend, supplement, replace, abolish, or revoke such documents when they are found to be contrary to the law or unsuitable to the actual situation.

Chapter II

PROPOSED OUTLINE FOR THE PROGRAM ON LEGISLATION AND ENACTMENT OF ORDINANCES,

CHAPTER PROGRAM FOR THE DEVELOPMENT OF RESOLUTIONS AND DECREE

Article 16. Proposals for the program to develop laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly (hereinafter referred to collectively as laws and ordinances) and the program to develop resolutions and decrees of the Government

1. On the basis of Article 22 of the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents and Article 59 of the Law on Legislative Regulatory Documents and management requirements of their respective sectors and fields, the Minister, Head of a Ministry-level agency, or Head of an agency under the Government shall propose the development of laws, ordinances, resolutions, and decrees to be submitted to the Government.

The legal affairs organization of the Ministry, Ministry-level agency, or agency under the Government shall be responsible for leading and coordinating with relevant units to assist the Minister, Head of a Ministry-level agency, or Head of an agency under the Government in drafting proposals for the development of laws, ordinances, resolutions, and decrees to be submitted to the Government.

2. Proposals for the development of laws and ordinances from entities entitled to submit draft laws (except the Government) as stipulated in Article 87 of the Constitution of 1992 and suggestions about laws and ordinances from National Assembly deputies shall be sent to the Ministry of Justice to be submitted to the Government.

Heads of social organizations, economic organizations, and citizens may send suggestions for the development of laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly to the Ministry of Justice; and proposals for the development of resolutions and decrees of the Government to the Government Office.

3. Proposals and suggestions for the development of laws, ordinances, resolutions, and decrees must clearly state the necessity of issuing the document; the subject and scope regulated by the document; key viewpoints and main contents of the document; economic and social impact forecasts; proposed time for submitting the document; financial resources, human resources, and other resources to ensure implementation of the document.

Annual proposals for the development of laws and ordinances by the Minister, Head of a Ministry-level agency, or Head of an agency under the Government must be sent to the Ministry of Finance for review regarding the expected financial resources, and to the Ministry of Home Affairs for review regarding the expected human resources (if applicable) to ensure implementation of the laws and ordinances after issuance.

Within 15 (fifteen) working days from the date of receipt of annual proposals for the development of laws and ordinances by the Minister, Head of a Ministry-level agency, or Head of an agency under the Government, the Minister of Finance and the Minister of Home Affairs shall be responsible for responding in writing regarding the expected financial and human resources to ensure implementation of the laws and ordinances after issuance.

Annual proposals for the development of laws and ordinances by the Minister, Head of a Ministry-level agency, or Head of an agency under the Government sent to the Ministry of Justice and the Government Office must be accompanied by evaluation documents from the Ministry of Finance and the Ministry of Home Affairs regarding the expected financial and human resources to ensure implementation of the laws and ordinances after issuance.

5. Proposals and suggestions for the development of laws and ordinances annually must be sent to the Ministry of Justice and the Government Office no later than July 1 of the previous year.

Proposals and suggestions for the development of laws and ordinances during the term of the National Assembly must be sent to the Ministry of Justice and the Government Office no later than July 1 of the year ending the term of the previous National Assembly session.

6. Within 10 (ten) working days from the deadline for sending proposals and suggestions for the development of laws and ordinances as stipulated in Clause 5 of this Article, the Ministry of Justice must complete the drafting of the preliminary draft of the Government's program for developing laws and ordinances according to the priority order of issuing documents, based on the needs of state administration, the feasibility of the document, and the consistency of the legal system.

For proposals and suggestions for the development of laws and ordinances that do not meet the criteria specified in Clauses 3 and 4 of this Article, the Ministry of Justice will request the heads of agencies, organizations, and individuals to supplement and perfect those proposals and suggestions.

7. Proposals from Ministers, Heads of Ministry-level agencies, or Heads of agencies under the Government, and suggestions from the heads of social organizations, economic organizations, and citizens regarding the development of annual resolutions and decrees of the Government must be sent to the Government Office and the Ministry of Justice no later than November 5 of the previous year.

8. The procedures and processes for proposing the development of decrees stipulated in point b, Clause 2, Article 56 of the Law on Legislative Regulatory Documents, which address extremely necessary issues but lack conditions for development into laws or ordinances, shall be implemented according to the provisions on proposing the program for developing laws and ordinances in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

Article 17. Drafting and submitting to the Government the legislative program for laws and ordinances

1. The Minister of Justice shall establish a Drafting Council for the Government's legislative program for laws and ordinances, with the participation of representatives from the National Assembly Office, the Government Office, the Ministry of Finance, the Ministry of Home Affairs, agencies and organizations that have proposals and recommendations, and other relevant agencies and organizations, to review the draft proposal of the Government on the legislative program for laws and ordinances.

The Drafting Council operates based on collective principles and majority voting.

Based on the opinions of the Council, the Minister of Justice decides to submit to the Government the draft proposal of the Government on the legislative program for laws and ordinances.

2. The Government Office is responsible for reviewing the draft proposal of the Government on the legislative program for laws and ordinances submitted by the Ministry of Justice; sending the draft proposal along with the review report to members of the Government for comments and consolidating opinions, reporting to the Prime Minister for consideration and decision at the Government meeting.

3. According to the Prime Minister's directive, the Ministry of Justice, in collaboration with the Government Office, will revise the draft Legislative Program for laws and ordinances to be submitted to the Government for comments and opinions at the monthly meeting each year.

4. After the Government's approval, the Minister of Justice, acting on behalf of the Prime Minister, submits the Government's draft proposal on the legislative program for laws and ordinances to the Standing Committee of the National Assembly.

5. Based on the National Assembly's resolution on the legislative program for laws and ordinances, the Government Office, in collaboration with the Ministry of Justice and relevant agencies, establishes a plan to implement the legislative program for laws and ordinances to be submitted to the Prime Minister for consideration and decision.

6. The Government Office is responsible for sending the decision on implementing the legislative program for laws and ordinances to the Ministers, Heads of Ministries equivalent to Ministries, and Heads of Government agencies for implementation.

Article 18. Drafting the program for resolutions and decrees of the Government

1. The Government Office, in collaboration with the Ministry of Justice and relevant agencies, drafts the three-month, six-month, and annual proposals for the program to develop Government resolutions and decrees.

2. The program for developing Government resolutions and decrees is based on the following grounds:

a) Tasks to enforce laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President;

b) State management tasks of the Government and the Prime Minister.

c) Proposals and recommendations from agencies, organizations, and individuals related to the country's socio-economic development situation within the Government's jurisdiction.

3. The Government Office, in collaboration with the Ministry of Justice, organizes meetings with the participation of representatives from relevant agencies and organizations to consider proposals and recommendations for developing Government resolutions and decrees. Agencies and organizations proposing Government resolutions and decrees send representatives to present issues related to their proposals and recommendations.

4. Within five working days from the end of the meeting specified in Clause 3 of this Article, the Government Office drafts the proposal for the program to develop Government resolutions and decrees and sends it to Ministries, agencies equivalent to Ministries, and Government agencies for comments.

Within ten working days from receiving the proposal for the program to develop Government resolutions and decrees, Ministries, agencies equivalent to Ministries, and Government agencies must submit their comments in writing to the Government Office and the Ministry of Justice.

5. The Government Office, in collaboration with the Ministry of Justice, revises the draft program for developing Government resolutions and decrees to be submitted to the Government at the regular end-of-year meeting.

6. After the Government approves the program for developing Government resolutions and decrees, the Government Office is responsible for sending the program to the Ministers, Heads of agencies equivalent to Ministries, and Heads of Government agencies for implementation.

Ministers, Heads of agencies equivalent to Ministries, and Heads of Government agencies must ensure the timely progress and quality of drafting according to the program for developing Government resolutions and decrees.

Every three months, Ministers, Heads of agencies equivalent to Ministries, and Heads of Government agencies are responsible for reporting to the Prime Minister on the progress of implementing the program.

Article 19. Preparation of the Government's opinions on draft laws and ordinances proposed by agencies and organizations; draft laws and ordinances and proposals regarding laws and ordinances submitted by National Assembly deputies

1. The Government Office shall be responsible for collecting all draft laws and ordinances proposed by agencies (except the Government), organizations, and draft laws and ordinances and proposals regarding laws and ordinances submitted by National Assembly deputies to send to the Ministry of Justice and relevant agencies to solicit their opinions.

2. Within ten (10) working days from the date of receipt of the collection of draft and proposal submissions for laws and ordinances sent by the Government Office, the Ministry of Justice and relevant agencies must submit their opinions in writing to the Government Office for compilation and reporting to the Prime Minister.

3. Within ten (10) working days from the date of receipt of the opinions of the Ministry of Justice and relevant agencies, the Government Office shall compile and report to the Prime Minister for consideration and decision.

4. The Minister, Head of the Government Office, acting on behalf of the Prime Minister, shall submit written opinions to the Standing Committee of the National Assembly on draft and proposal submissions for laws and ordinances by agencies (except the Government), organizations, and National Assembly deputies.

Article 20. Adjustment of the program for drafting laws and ordinances of the National Assembly and the Standing Committee of the National Assembly, and the program for drafting resolutions and decrees of the Government

1. Removal from the Program: For projects and draft documents that fail to ensure progress and quality of drafting or are not necessary to be issued, the Minister, Head of the Government Office, or the head of the agency primarily responsible for drafting shall submit written recommendations to the Prime Minister for consideration and decision to request the National Assembly and the Standing Committee of the National Assembly to remove them from the program for drafting laws and ordinances; to consider and decide to remove them from the program for drafting resolutions and decrees of the Government. The recommendation document must include a submission detailing the reasons for removal from the program, directions, and time frame for resolution.

2. Addition to the Program: The Minister, Heads of Ministries at the level of ministries equivalent to ministries, or the Minister, Head of the Government Office shall submit written recommendations to the Prime Minister to add to the program for drafting laws and ordinances of the National Assembly and the Standing Committee of the National Assembly; the program for drafting resolutions and decrees of the Government those documents needed to be issued to meet management requirements in various areas of social life.

The procedures and processes for proposing additions to the program for drafting laws and ordinances; the program for resolutions and decrees are carried out according to the provisions of Articles 16, 17, and Article 18 of this Decree.

In cases where there is a need for state management, if the Prime Minister directs the urgent drafting of a decree to regulate extremely necessary issues but lacking conditions to be drafted into a law or ordinance according to point b, Clause 2, Article 56 of the Law on Enacting Legal Normative Documents, then the procedures and processes for adding to the program for drafting resolutions and decrees are carried out according to the provisions of Clause 1 and Clause 3, Article 16 of this Decree.

3. The Ministry of Justice shall take the lead and coordinate with the Government Office to prepare a draft adjustment of the program for drafting laws and ordinances for the Government to consider and submit to the Standing Committee of the National Assembly; the Government Office shall prepare a draft adjustment of the program for drafting resolutions and decrees of the Government for the Government to consider and decide.

4. The Government Office shall be responsible for sending the National Assembly's resolution on adjusting the program for drafting laws and ordinances of the National Assembly and the Standing Committee of the National Assembly; the Government's resolution on adjusting the program for drafting resolutions and decrees of the Government to the Ministry of Justice and Ministries, agencies at the level of ministries equivalent to ministries, agencies under the Government, and related agencies and organizations.

Article 21. Responsibilities of the Government Office and the Ministry of Justice in ensuring the implementation of the legislative program of the National Assembly and the Standing Committee of the National Assembly; the resolution and decree program of the Government.

1. The Government Office shall be responsible for monitoring and urging the agency assigned to lead the drafting process to ensure the progress, quality of the drafting, and the deadline for submitting draft projects and draft resolutions.

2. Within their functions, tasks, and authorities, the Government Office and the Ministry of Justice shall participate in the drafting, examination, and evaluation processes of draft laws and ordinances of the National Assembly and the Standing Committee of the National Assembly; draft resolutions and decrees of the Government.

Chapter III

DRAFTING LEGISLATIVE PROJECTS AND DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY,

STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DRAFT RESOLUTIONS AND DECREES OF THE GOVERNMENT,

LEGAL REGULATORY DOCUMENTS OF THE PRIME MINISTER,

MINISTERS, HEADS OF GOVERNMENT AFFILIATED AGENCIES,

Article 22. Drafting legislative projects and draft resolutions of the National Assembly, Standing Committee of the National Assembly, draft resolutions and decrees of the Government.

1. The drafting board shall be established according to the provisions of the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents to draft legislative projects and ordinances, draft resolutions of the National Assembly and the Standing Committee of the National Assembly, draft resolutions and decrees of the Government.

The establishment of the drafting board and its activities in drafting legislative projects and ordinances, draft resolutions of the National Assembly and the Standing Committee of the National Assembly, and the drafting of draft resolutions and decrees of the Government shall be carried out in accordance with the Regulation on the Organization and Operation of the Drafting Board issued by the Prime Minister.

2. The drafting board for legislative projects and ordinances, draft resolutions of the National Assembly and the Standing Committee of the National Assembly submitted by the Government to the National Assembly and the Standing Committee of the National Assembly shall also serve as the drafting board for guiding decrees (if applicable).

3. In cases where laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly contain many issues requiring detailed regulations, the head of the drafting board shall be responsible for proposing the Prime Minister to assign relevant agencies to establish a drafting board to draft detailed regulatory documents for implementation. draft detailed implementing regulations.

Article 23. Drafting legal regulatory documents of the Prime Minister.

1. Draft decisions and directives of the Prime Minister shall be assigned by the Prime Minister to the Minister, Head of a government-affiliated agency, or Head of a government agency to lead and coordinate the drafting process.

If necessary, the leading agency may establish a drafting board. The organization and operation of the drafting board for decisions and directives of the Prime Minister shall be carried out in accordance with the Regulation on the Organization and Operation of the Drafting Board issued by the Prime Minister.

2. The Minister, Head of a government-affiliated agency, or Head of a government agency assigned to lead the drafting process shall be responsible for organizing the summary of the implementation of laws, conducting surveys, evaluating the current social relations, researching relevant information and materials related to the content of the draft; preparing outlines, compiling, and revising the draft; organizing the collection of opinions, preparing the submission report, and related documents.

Article 24. Drafting regulatory legal documents by the Minister, Head of a ministerial-level agency

1. The draft decisions, directives, circulars of the Minister, Head of a ministerial-level agency shall be prepared under the direction of the Minister, Head of a ministerial-level agency.

The unit assigned by the Minister, Head of a ministerial-level agency to lead the drafting shall be responsible for organizing the summary of the implementation situation of laws; surveying and evaluating the current social relations; researching relevant information and materials related to the content of the draft; preparing the outline, compiling and revising the draft; organizing the collection of opinions; preparing the report and relevant documents on the draft according to the instructions of the Minister, Head of a ministerial-level agency.

2. The legal affairs organization of the Ministry, ministerial-level agency shall be responsible for reviewing the draft regulatory legal documents prepared by other units within the Ministry, ministerial-level agency before submitting them to the Minister, Head of a ministerial-level agency.

3. For joint documents where the Ministry, ministerial-level agency is one of the signatories, the drafting process shall also follow Articles 1 and 2 of this Article.

Article 25. Drafting regulatory legal documents by the Minister, Head of a ministerial-level agency concerning sectors and fields managed by government agencies pursuant to the assignment of the Prime Minister

1. Based on the needs of state management in sectors and fields or according to the assignment of the Prime Minister, the Head of a government agency shall organize the preparation of draft decisions, directives, circulars to submit to the Minister, Head of a ministerial-level agency assigned by the Prime Minister to sign and promulgate.

The unit assigned by the Head of a government agency to lead the drafting shall be responsible for organizing the summary of the implementation situation of laws; surveying and evaluating the current social relations; researching relevant information and materials related to the content of the draft; preparing the outline, compiling and revising the draft, organizing the collection of opinions; preparing the report and relevant documents on the draft according to the instructions of the Head of a government agency.

2. The legal affairs organization of the government agency shall be responsible for reviewing the draft decisions, directives, circulars prepared by its own agency.

3. The leading drafting unit shall be responsible for assisting the Head of a government agency in establishing the dossier for the draft decision, directive, circular to submit to the Minister, Head of a ministerial-level agency assigned to sign and promulgate, the dossier includes:

a) A detailed presentation about the necessity of issuing the document, the main contents of the draft.

b) The review document of the legal affairs organization of the government agency;

c) The revised draft document after receiving the review opinion;

d) Relevant documents (if any).

4. Within fifteen working days from the date of receipt of the dossier from the government agency regarding the draft decision, directive, circular, the Minister, Head of a ministerial-level agency assigned to sign and promulgate shall be responsible for directing the legal affairs organization, functional units within the Ministry, ministerial-level agency to consider when signing and promulgating.

5. The Head of a government agency who has the need to issue regulatory legal documents concerning sectors and fields managed by their own agency shall be responsible for advising and recommending the Prime Minister to assign the Minister, Head of a ministerial-level agency to sign and promulgate the document.

Article 26. Responsibilities of the Head of the Drafting Agency

The Minister, the Head of a Ministry-level agency, or the Head of a government agency assigned to lead the drafting of draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly, draft resolutions, decrees of the Government, and draft decisions, directives of the Prime Minister shall be responsible for:

1. Ensuring the conditions for the operation of the Drafting Board.

2. Coordinating and creating conditions for the Drafting Board to summarize the implementation situation of laws, evaluate current regulatory legal documents related to the draft; conduct surveys and assess the actual social relations related to the content of the draft; organize research on information, materials, and international treaties that the Socialist Republic of Vietnam has signed or joined, which are relevant to the draft.

3. Coordinating and creating conditions for the Drafting Board to seek opinions from agencies, organizations, individuals, and direct subjects affected by the draft; propose to the Prime Minister to publish the draft on mass media and the Internet for agencies, organizations, and individuals to provide their opinions.

4. Being accountable to the Government and the Prime Minister regarding the content, quality, and progress of drafting the draft.

5. Leading and coordinating with related agencies and organizations to prepare drafts of detailed regulations and guidance on implementation (if necessary).

6. Reporting to the Government Office on the progress of drafting the draft according to a quarterly schedule.

Chapter IV

SEEKING OPINIONS ON DRAFT LEGAL REGULATORY DOCUMENTS

Article 27. Seeking Opinions on Drafts During the Drafting Process of Legal Regulatory Documents

1. Draft legal regulatory documents must be submitted for opinions from agencies, organizations, individuals, and direct subjects affected by the document, in accordance with the Law on Enacting Legal Regulatory Documents, the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Regulatory Documents, and this Decree.

2. The Minister, the Head of a Ministry-level agency, or the Head of a government agency assigned to lead the drafting of the draft must decide to submit it for opinions after collective leadership consideration and agreement.

For draft legal regulatory documents concerning the rights and obligations of businesses, the Minister, the Head of a Ministry-level agency, or the Head of a government agency assigned to lead the drafting must send them to the Vietnam Chamber of Commerce and Industry to seek business opinions.

Within twenty working days from the date of receipt of the draft legal regulatory document, the Vietnam Chamber of Commerce and Industry must organize the collection of business opinions, compile them, and send them to the Ministry of Justice, the Government Office, and the agencies assigned to lead the drafting.

3. Depending on the nature of the draft, the Prime Minister decides on seeking opinions from organizations and individuals based on the proposal of the leading drafting agency.

Article 28. Methods of Seeking Opinions from Agencies, Organizations, Individuals, and Directly Affected Subjects of Legal Regulatory Documents

1. Seeking opinions from agencies, organizations, individuals, and directly affected subjects of legal regulatory documents on the content of the draft is carried out through the following methods: direct solicitation; organizing conferences and seminars; through mass media and the Internet.

2. The agency, organization, or person authorized to seek opinions is responsible for preparing issues to be sought, providing discussion prompts along with the draft, and clearly specifying the address for receiving opinions when seeking them through mass media and the Internet.

3. The period for seeking opinions from agencies, organizations, individuals, and directly affected subjects of legal regulatory documents must be at least twenty working days, starting from the date the draft is submitted for opinions.

Article 29. Preparing to submit draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft regulatory legal documents of the Government, the Prime Minister to the Government, the Prime Minister.

1. Drafts submitted to the Government must be accompanied by a draft of detailed regulations and guidance on implementation (if applicable) as stipulated in Article 7 of the Law on Enacting Regulatory Legal Documents.

2. The Office of the Government shall take the lead and coordinate with the Ministry of Justice and the drafting agency to review draft regulatory legal documents before submitting them to the Government, the Prime Minister.

3. In cases where the Office of the Government, the Ministry of Justice, and the drafting agency agree on the opinions to submit draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft regulatory legal documents of the Government, the Prime Minister to the Government, the Prime Minister, the subsequent procedures shall be as follows:

a) For draft laws, ordinances; draft resolutions of the National Assembly, the Standing Committee of the National Assembly:

The Office of the Government shall take the lead and coordinate with the drafting agency to organize a meeting to introduce the contents of the drafts to representatives of ministries, ministerial-level agencies, agencies under the Government, related agencies, and organizations.

Within 10 (ten) working days from the date of the meeting introducing the drafts, the relevant agencies and organizations must study and submit their written comments to the drafting agency and the Office of the Government for consolidation and improvement of the drafts to be submitted to the Government.

The drafting agency is responsible for studying and incorporating the comments of the relevant agencies and organizations to revise the drafts before sending them to the Ministry of Justice for examination.

b) For draft regulatory legal documents of the Government, the Prime Minister, the drafting agency shall revise the drafts based on the comments of the Office of the Government and related agencies and organizations before sending them to the Ministry of Justice for examination in accordance with the law.

c) For draft resolutions of regular meetings of the Government containing legal provisions, decrees of the Government regarding establishment, merger, division, and adjustment of administrative boundaries, draft regulatory legal documents prescribing measures for emergency situations or issued to address urgent issues, the drafting agency shall revise the drafts based on the comments of Government members and the Office of the Government before submitting them to the Prime Minister for signature and issuance.

In cases where the Office of the Government is assigned to take the lead in drafting such documents, depending on specific circumstances, the Minister, Head of the Office of the Government, shall decide whether to seek the examination opinion of the Ministry of Justice; direct the revision of the drafts based on the examination opinions of the Ministry of Justice and the audit opinions of specialized units within the Office of the Government before submitting them to the Government, the Prime Minister for issuance.

4. In cases where the Office of the Government, the Ministry of Justice, and the drafting agency do not agree on the opinions to submit draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft regulatory legal documents of the Government, the Prime Minister as stipulated in Clauses 1 and 2 of this Article, the Office of the Government shall report to the Prime Minister for consideration and decision.

Article 30. Soliciting Opinions at Ministries, Agencies Equivalent to Ministries, and Government Agencies

Upon receiving draft regulatory legal documents from the drafting agency requesting opinions, the Minister, Head of an Agency Equivalent to a Ministry, or Head of a Government Agency must direct subordinate agencies and units to discuss and provide opinions on the draft regulatory legal documents.

The Legal Department of the Ministry, Agency Equivalent to a Ministry, or Government Agency is responsible for organizing the implementation of the directives of the Minister, Head of an Agency Equivalent to a Ministry, or Head of a Government Agency regarding discussions and providing opinions; consolidating and preparing the opinion document of the Ministry, Agency Equivalent to a Ministry, or Government Agency.

The opinion document on draft regulatory legal documents must be signed by the head or deputy head of the Ministry, Agency Equivalent to a Ministry, or Government Agency.

Article 31. Consolidation of Opinions on Drafts

The drafting agency is responsible for fully consolidating opinions on drafts. Opinions on drafts from Ministries, Agencies Equivalent to Ministries, Government Agencies, and related agencies must be included in the draft's file along with the consolidated opinion document for submission to the competent authority for review and decision.

Chapter V

REVIEWING AND AUDITING DRAFTS

Article 32. Reviewing and Auditing Draft Regulatory Legal Documents

1. The Ministry of Justice is responsible for reviewing draft regulatory legal documents according to Article 29 of the Law on Enacting Regulatory Legal Documents, Articles 29a, 63, and 65 of the Law Amending and Supplementing Certain Provisions of the Law on Enacting Regulatory Legal Documents, and the Regulation on Reviewing Regulatory Legal Documents.

2. The Office of the Government is responsible for auditing draft regulatory legal documents after the drafting agency submits them to the Government or the Prime Minister according to Clause 6 of Article 2 of Decree No. 18/2003/NĐ-CP dated February 20, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Office of the Government.

Twenty (20) working days before the Government meeting, the drafting agency must send the entire draft file to the Office of the Government for auditing.

Within fifteen (15) working days from the date of receipt of the draft submitted to the Government or the Prime Minister, the Office of the Government must issue an audit opinion in writing to the Government Members.

The review and audit of draft regulatory legal documents shall be carried out in accordance with the Regulation on Reviewing and the Regulation on Auditing issued by the Prime Minister.

Article 33. Explanation and Adoption of Review Opinions

After receiving the review document on the draft, the drafting agency is responsible for studying, adopting, and revising the draft; simultaneously explaining in writing the adoption of the review opinions.

The explanation document and the revised draft according to the review opinions must be sent to the Ministry of Justice and the Office of the Government before submitting to the Government or the Prime Minister.

Article 34. Revising and Finalizing Drafts Before Submitting to the Government or the Prime Minister

1. For draft laws, ordinances; draft resolutions of the National Assembly, Standing Committee of the National Assembly; draft resolutions, decrees of the Government where there are differing opinions among Ministries, Agencies Equivalent to Ministries, and Government Agencies, the Minister and Director of the Office of the Government shall convene a meeting with representatives of the leadership of these Ministries, Agencies Equivalent to Ministries, and Government Agencies to resolve issues with differing opinions before submitting to the Government for consideration and decision.

2. The Office of the Government is responsible for consolidating the opinions from the meeting of the leadership representatives of these Ministries, Agencies Equivalent to Ministries, and Government Agencies to report to the Prime Minister for consideration and decision.

3. Based on the Prime Minister's directives, the drafting agency will coordinate with the Office of the Government and the Ministry of Justice to finalize the draft for submission to the Government or the Prime Minister.

Article 35. Documents for projects and draft documents submitted to the Government and the Prime Minister

1. Documents for projects and draft documents submitted to the Government and the Prime Minister (except in cases where the projects and drafts continue to be revised according to the provisions of Article 34 of this Decree) include:

a) A submission to the Government on the project of law, ordinance, draft resolution, decree after incorporating comments from the review agency, signed by the head of the agency and stamped; a submission to the Prime Minister on the draft decision, directive after incorporating comments from the review agency, signed by the head of the agency and stamped;

b) The project or draft that has been revised after incorporating comments from the reviewing agency;

c) Review report;

d) Report on explaining the incorporation of review comments as stipulated in Article 33 of this Decree;

đ) Other related documents (if any);

e) Draft detailed regulations and implementation guidelines (if any).

2. Documents for projects of laws and ordinances; draft resolutions of the National Assembly and the Standing Committee of the National Assembly; resolutions and decrees of the Government that continue to be revised and perfected according to the provisions of Article 34 of this Decree include:

a) A submission to the Government on the project or draft after incorporating comments from ministries, ministerial-level agencies, and government agencies, signed by the head of the drafting agency and stamped;

b) The project or draft after incorporating comments from representatives of ministries, ministerial-level agencies, and government agencies;

c) Summary of opinions on the project or draft from representatives of ministries, ministerial-level agencies, and government agencies;

d) Review report;

đ) Other related documents (if any);

e) Draft detailed regulations and implementation guidelines (if any).

3. Number of documents for projects and draft documents submitted to the Government and the Prime Minister:

a) Number of documents for projects of laws and ordinances; draft resolutions of the National Assembly and the Standing Committee of the National Assembly; draft resolutions and decrees submitted to the Government is 80 sets;

b) Number of documents for draft decisions and directives submitted to the Prime Minister is 05 sets.

Article 36. Responsibilities of the Government Office in preparing content for discussion on projects and draft documents at Government meetings

In preparing content for discussion on projects and draft documents at Government meetings, the Government Office is responsible for presenting all issues with differing opinions and the review opinions of the Ministry of Justice, and the audit opinions of the Government Office for Government members to consider and discuss.

Article 37. Revision of projects and draft documents after discussion and approval by the Government

1. After the Government discusses and approves the project of law, ordinance; draft resolution of the National Assembly and the Standing Committee of the National Assembly, the main drafting agency shall coordinate with the Government Office and relevant agencies to perfect the project or draft and report to the Prime Minister for consideration and decision.

2. After the Government provides comments and approves the draft resolution, decree of the Government, and after the Prime Minister considers and decides on signing and promulgating the decision, directive of the Prime Minister, the Government Office shall coordinate with the main drafting agency and relevant agencies to finalize the technical aspects of the draft resolution, decree of the Government, decision, directive of the Prime Minister before submitting to the Prime Minister for signature and promulgation.

Article 38. The Government participates in providing opinions on draft laws and ordinances; draft resolutions of the National Assembly and the Standing Committee of the National Assembly prepared by agencies, organizations, and National Assembly representatives.

1. Within three (3) working days from the date of receipt of draft laws, ordinances, draft resolutions and related documents sent by agencies, organizations, and National Assembly representatives for the Government's opinion, the Government Office shall be responsible for sending these to ministries, ministerial-level agencies, and government agencies to solicit opinions.

2. Within fifteen (15) working days from the date of receipt of the files, ministries, ministerial-level agencies, and government agencies shall be responsible for sending their participation opinions on the contents of the drafts to the Government Office.

3. Based on the participation opinions of ministries, ministerial-level agencies, and government agencies, the Government Office shall compile, complete, and submit to the Prime Minister for consideration and decision the Government's participation opinion document; the Minister, Head of the Government Office, acting on behalf of the Prime Minister, shall sign the Government's participation opinion document on draft laws, ordinances, and draft resolutions and send it to the agency, organization, or National Assembly representative that drafted the laws, ordinances, or draft resolutions.

Article 39. Soliciting opinions from the Standing Committee of the National Assembly and revising draft decrees stipulating extremely necessary issues but not yet having sufficient conditions to be enacted as laws or ordinances.

1. For draft decrees prescribed in point b, Clause 2, Article 56 of the Law on Enacting Legal Normative Documents, before the Government promulgates them, the Government Office shall take the lead and coordinate with the agencies assigned to prepare the draft to prepare the file for soliciting opinions from the Standing Committee of the National Assembly.

2. The file for soliciting opinions from the Standing Committee of the National Assembly includes:

a) Draft decree;

b) The report of the Government submitted to the Standing Committee of the National Assembly signed by the Minister, Head of the Government Office, acting on behalf of the Prime Minister. In the report, it must clearly state the necessity of promulgation, purpose, requirements, scope, subjects, and main content of the draft, issues requiring guidance opinions, and issues with differing views;

c) Related documents (if any).

3. The Government Office shall take the lead and coordinate with the agency in charge of drafting to incorporate and perfect the draft according to the opinions of the Standing Committee of the National Assembly for submission to the Government.

4. During the drafting process, the agency in charge of drafting must invite representatives of relevant committees of the National Assembly to participate in drafting and provide opinions on the draft decree.

Chapter VI

IMPLEMENTING PROVISIONS

Article 40. Ensuring funding for preparing the proposed program for enacting laws, ordinances, decrees, and resolutions; funding for drafting, reviewing, and examining draft legal normative documents and funding for reviewing and systematizing legal normative documents.

1. Funding for preparing the proposed program for enacting laws, ordinances, and resolutions; funding for drafting, reviewing, and examining legal normative documents is allocated from the State budget and included in the regular expenditure budget of the agency preparing the proposed program, the agency in charge of drafting, the agency reviewing and examining draft legal normative documents, and the agency reviewing and systematizing legal normative documents; funding for supporting the drafting of draft legal normative documents is announced for each draft and provided to the agency in charge of drafting, the agency reviewing, and examining.

2. The agency preparing the proposed program for enacting laws, ordinances, and resolutions; the agency in charge of drafting; the agency reviewing; and the agency examining draft legal normative documents; the agency reviewing and systematizing legal normative documents shall be responsible for preparing the budget estimate for drafting legal documents within the total budget estimate of the agency and implementing the purposes and progress according to the approved budget and tasks.

3. The Ministry of Finance shall be responsible for providing full funding in a timely manner for preparing the proposed program for enacting laws, ordinances, and resolutions; drafting, reviewing, and examining draft legal normative documents; and reviewing and systematizing legal normative documents.

Article 41. Effective Date

This Decree takes effect from February 1, 2006. The Government's Decree No. 101/CP dated September 23, 1997, detailing the implementation of certain provisions of the Law on Enacting Legal Normative Documents, is hereby abolished.

Article 42. Responsibility for Implementation

1. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, and Chairpersons of provincial People's Committees shall be responsible for implementing this Decree.

2. For projects and draft normative legal documents within the authority of central state agencies to issue, where the provincial People's Committee is assigned the main responsibility for drafting, the procedures and processes for drafting and promulgating such documents shall be carried out in accordance with the provisions of this Decree./.