Decision No. 180/2005/QD-NHNN Issuing the Regulation on the issuance of normative legal documents of the State Bank

Pursuant to …;

Issuing the Regulation on Issuing Legal Normative Documents

 of the State Bank

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam 1997; the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;

Pursuant to the Law on Issuing Legal Normative Documents 1996; the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Normative Documents 2002;

Pursuant to Decree No. 52/2003/ND-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank;

Pursuant to Decree No. 101/CP dated September 23, 1997 of the Government detailing the implementation of certain provisions of the Law on Issuing Legal Normative Documents;

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

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the legal departments of Ministries, ministerial-level agencies, government-affiliated agencies, specialized agencies under provincial People's Committees directly under the central government, and state-owned enterprises;

At the request of the Director of the Legal Department,

Pursuant to …;:

Article 1. This Decision issues the Regulation on Issuing Legal Normative Documents of the State Bank.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 265a/1999/QĐ-NHNN10 dated July 30, 1999 of the Governor of the State Bank on the Regulation on Issuing Legal Normative Documents of the Governor of the State Bank.

Article 3. The Heads of the Office, Department of Legal Affairs, and Heads of units under the State Bank are responsible for implementing this Decision.

REGULATIONS

Issuing Legal Normative Documents of the State Bank
(Issued together with Decision No. 180/2005/QĐ-NHNN dated February 21, 2005 of the Governor of the State Bank)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Regulation governs the activities of the State Bank in issuing legal normative documents concerning currency and banking operations, including:

a. Formulating and implementing programs for drafting legal normative documents;

b. Drafting and issuing legal normative documents;

c. Inspecting and handling legal normative documents.

Article 2. The issuance of documents by the State Bank to manage monetary policy during specific periods, where the issuance and timing cannot be predetermined, such as decisions on salary increases, awards, disciplinary actions, job transfers, appointments, dismissals of officials and civil servants, administrative penalty decisions, project approval decisions, launching campaigns, recognizing good deeds and exemplary individuals, and other individual documents not covered by this Regulation.

Article 2. Applicability

This Regulation applies to units under the State Bank involved in formulating and implementing legislative programs, drafting, issuing, inspecting, and handling legal normative documents concerning currency and banking operations.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

Article 1. A legal normative document is a document issued by a competent state agency according to prescribed procedures and regulations, containing general rules of conduct regarding currency and banking operations, guaranteed by the state for implementation to regulate social relations in a socialist direction.

The system of legal normative documents includes:

a. Documents issued by the National Assembly: Constitution, laws, resolutions. Documents issued by the Standing Committee of the National Assembly: Ordinances, Resolutions;

b. Documents issued by other competent state agencies at the central level:

- Orders, decisions of the President;

- Resolutions, decrees of the Government; decisions, directives of the Prime Minister;

- Decisions, directives, circulars of Ministers, Heads of ministerial-level agencies;

- Resolutions of the Supreme People's Court Council; decisions, directives, circulars of the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy;

- Resolutions, joint circulars between competent state agencies, between competent state agencies and political-social organizations;

c. Documents issued by People's Councils, People's Committees:

- Resolutions of People's Councils;

- Decisions, directives of People's Committees.

Article 2. Legal normative documents within the authority of the Governor include:

a. Decisions of the Governor stipulating the organization and operation of subordinate agencies; standards, procedures, norms, and economic-technical quotas in the field of currency and banking operations; measures to implement state management functions over currency and banking operations and matters delegated by the Government (according to Model Nos. 1 and 2 attached to this Regulation);

b. Directives of the Governor stipulating measures to direct, urge, coordinate, and inspect the activities of agencies and units under the State Bank's management in implementing legal normative documents of higher-level state agencies and the Governor (according to Model No. 5 attached to this Regulation);

c. Circulars of the Governor issued to guide the implementation of provisions stipulated in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, resolutions, decrees of the Government, decisions, directives of the Prime Minister, concerning currency and banking operations (according to Model No. 4 attached to this Regulation);

d. Joint circulars between the State Bank and Ministries, ministerial-level agencies, the Supreme People's Court, and the Supreme People's Procuracy issued to guide the enforcement of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, resolutions, decrees of the Government, decisions, directives of the Prime Minister; guiding the uniform application of laws in judicial proceedings and other issues related to the tasks of the State Bank and those agencies (according to Model No. 4 attached to this Regulation);

đ. Joint resolutions between the State Bank and central-level agencies of political-social organizations issued to guide the implementation of matters when such organizations participate in state management as prescribed by law (according to Model No. 3 attached to this Regulation).

Article 3. A program for drafting legal normative documents involves planning the anticipated schedule for drafting legal normative documents concerning currency and banking operations, including:

a. Programs for drafting laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly (hereinafter referred to as the Program for Drafting Laws and Ordinances) based on the requirements of state management over currency and banking operations and the State Bank's assigned responsibility for drafting.

b. The program for drafting decrees, resolutions of the Government, decisions, and directives of the Prime Minister (hereinafter referred to as the decree drafting program) according to the requirements of state management over currency and banking activities, and the State Bank being assigned to take the lead in drafting.

c. The program for drafting regulatory legal documents within the authority to promulgate of the Governor (hereinafter referred to as the regulatory legal document drafting program of the State Bank).

4. The focal unit is the unit assigned by the Governor to take the lead in drafting regulatory legal documents.

5. Legal document verification is the examination, evaluation, and conclusion on the legality of regulatory legal documents.

6. Legal document processing is the decision by the competent authority to amend, supplement, replace, suspend enforcement, or abolish provisions that contravene the law, are contradictory, overlapping, or no longer suitable for actual circumstances.

7. A lawful document is a regulatory legal document issued ensuring proper legal basis, within the appropriate authority, in the correct format and presentation technique, with the content of the document consistent with legal provisions; fully complying with all regulations regarding procedures for drafting, promulgating, and publishing in the Official Gazette, disseminating news, or announcing the document.

Chapter II

ESTABLISHING AND IMPLEMENTING THE PROGRAM FOR DRAFTING REGULATORY LEGAL DOCUMENTS

PART 1

 ESTABLISHING AND IMPLEMENTING THE PROGRAM FOR DRAFTING LAWS AND ORDINANCES AND THE PROGRAM FOR DRAFTING DECREES

Article 4. Drafting the Program

1. Annually, units under the State Bank, based on their functions and tasks, prepare a list of laws, ordinances, and resolutions planned to be submitted to the National Assembly and the Standing Committee of the National Assembly for promulgation (according to Model 7 attached to this Regulation) and a list of resolutions, decrees, decisions, and directives planned to be submitted to the Government and the Prime Minister for promulgation (according to Model 8 attached to this Regulation) for the following year, to be submitted to the Deputy Governor responsible for the sector for guidance.

2. Units submit the list of planned documents for promulgation to the Department of Legal Affairs at the following times:

a. For the program for drafting laws and ordinances: no later than July 1st each year.

b. For the program for drafting decrees: no later than October 1st each year.

3. The Department of Legal Affairs compiles the lists of regulatory legal documents from the units to establish the program for drafting laws and ordinances and the program for drafting decrees for the following year, to be submitted to the Governor for approval.

Article 5. Submitting the Program

After the programs for drafting laws and ordinances and the program for drafting decrees have been approved by the Governor, the Department of Legal Affairs sends them to the Office and related units for implementation; simultaneously registering the program with the Ministry of Justice and the Office of the Government by the following deadlines:

1. For the program for drafting laws and ordinances: no later than July 15th each year. The program for drafting laws and ordinances for the term of the National Assembly shall be sent to the Ministry of Justice and the Office of the Government no later than July 15th of the year ending the term of the previous National Assembly session.

2. For the program for drafting decrees: no later than October 15th each year

Article 6. Adjusting the Program

In case it is necessary to adjust the program (supplement, replace, withdraw from the program, or other changes), the focal unit must report to the Department of Legal Affairs after receiving guidance from the Deputy Governor responsible for the sector. The Department of Legal Affairs will re-register the program with the Ministry of Justice and the Office of the Government.

PART 2

 ESTABLISHING AND IMPLEMENTING THE PROGRAM FOR DRAFTING REGULATORY LEGAL DOCUMENTS

 OF THE STATE BANK

Article 7. Drafting and Approving the Program

1. Each unit under the State Bank shall, based on its functions and tasks, prepare a list of regulatory legal documents within the Governor's authority to issue for the following year (according to Model No. 9 attached hereto) and submit it to the Deputy Governor responsible for the relevant sector for guidance.

2. Units shall send the list of regulatory legal documents planned to be issued to the Legal Department no later than November 15 each year.

3. The Legal Department shall draft the State Bank’s Program on building regulatory legal documents and submit it to the Governor for approval no later than November 30 each year. After the Governor's approval, the Program shall be sent to related units for implementation.

Article 8. Amending the Program

In cases where it is necessary to amend the Program (to supplement, replace, withdraw from the Program, or make other changes), the lead unit shall report to the Legal Department after receiving guidance from the Deputy Governor responsible for the relevant sector. The Legal Department shall submit to the Governor for a decision on amending the Program.

PART 3

 REPORTING ON THE IMPLEMENTATION OF THE PROGRAM

Article 9. Reporting on the Implementation of the Program on Building Regulatory Legal Documents

1. The lead unit is responsible for reporting the progress of drafting the documents included in the Program on Building Regulatory Legal Documents to the Legal Department.

2. The Legal Department shall compile periodic reports from the lead units on the progress of drafting the documents included in the Program on Building Regulatory Legal Documents and submit them to the Governor and Deputy Governors responsible for the relevant sectors.

Article 10. Types of Reports and Reporting Deadlines

1. The types of reports and deadlines for reporting the progress of drafting documents by the lead unit shall be carried out according to the Governor's regulations on periodic reporting work.

2. The Legal Department shall report to the Governor and Deputy Governors as follows:

a. For the implementation of the Program on drafting laws and ordinances and the Program on drafting decrees: no later than the 25th of each month.

b. For the implementation of the Program on drafting regulatory legal documents of the State Bank: quarterly reports, mid-year reports, and annual reports shall be submitted after receiving corresponding reports from the lead units.

Chapter III

DRAFTING AND ISSUANCE OF NORMATIVE LEGAL DOCUMENTS

PART 1

 DRAFTING AND SUBMITTING REGULATORY LEGAL DOCUMENTS WITHIN THE AUTHORITY TO ISSUE OF THE NATIONAL ASSEMBLY, STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, GOVERNMENT, AND PRIME MINISTER

Article 11. Drafting and Submitting Draft Laws, Resolutions of the National Assembly, Ordinances, Resolutions of the Standing Committee of the National Assembly, Draft Resolutions, Decrees of the Government

1. When assigned by the Government to take the lead in drafting, the State Bank shall establish a Drafting Board for draft laws, ordinances, and resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly, and a Drafting Board for draft resolutions and decrees to be submitted to the Government.

2. The lead unit shall be responsible for assisting the Governor in implementing the procedures and formalities stipulated by law to establish the Drafting Board.

3. The Drafting Board shall consist of representatives with authority from the State Bank and relevant Ministries, agencies at the level of ministries, and government agencies. The Governor shall be the Chairperson of the Drafting Board.

The Drafting Board shall have an Editorial Team appointed by the Chairperson of the Drafting Board. Members of the Editorial Team shall include lawyers, scientists, and experts knowledgeable about the specialized issues covered by the draft.

4. The Drafting Board shall be responsible for fully implementing the provisions of Article 26 and Article 61 of the Law on Enacting Regulatory Legal Documents and other legal provisions regarding drafting, soliciting opinions, sending for review, and submitting for signature and issuance of laws, Ordinances, Resolutions, and Decrees.

Article 12. Drafting and submitting draft decisions and directives of the Prime Minister

1. When assigned and instructed by the Prime Minister to draft, the State Bank shall be responsible for building draft decisions and directives of the Prime Minister.

2. Depending on the nature and content of the draft decision and directive of the Prime Minister, the State Bank shall send it to the National Assembly's Ethnic Council, members of the Government, Chairpersons of the People's Councils, Chairpersons of the People's Committees at provincial level, and relevant agencies, organizations, and individuals for their opinions.

3. The lead unit shall be responsible for fully implementing the legal provisions regarding drafting, soliciting opinions, sending for review, and submitting for signature and issuance of decisions and directives.

PART 2

 DRAFTING AND ISSUING LEGAL REGULATIONS WITHIN THE AUTHORITY TO ISSUE OF THE GOVERNOR

Article 13. Drafting documents

1. Based on the State Bank’s legislative document construction program approved by the Governor, the lead unit shall be responsible for primarily building the draft.

2. During the drafting process, the lead unit shall be responsible for fully performing the following tasks:

a. Studying the Party’s guidelines and state laws concerning the issues addressed in the document;

b. Determining the purpose, requirements, scope of regulation, application subjects, and contents that need to be stipulated in the draft;

c. Organizing surveys and studies on practical aspects related to the content and issues to be drafted (after obtaining approval from the Governor);

d. Collecting and studying relevant information and materials. Systematizing, summarizing, and evaluating the practical implementation of current legislative regulations in the field and content being drafted; identifying legislative regulations or articles of legislative regulations that are expected to become invalid;

đ. Ensuring the quality and progress in drafting the draft.

Article 14. Organizing for Solicitation of Opinions

1. After completing the draft, the lead unit shall submit it to the Legal Affairs Department and related units for solicitation of opinions.

2. The file for soliciting opinions includes:

a. The draft legislative document;

b. A presentation of the main content of the draft, clearly stating the purpose, reasons, necessity of issuing the document; practical requirements, legal basis for issuing the document; application subjects, scope of regulation; new relationships requiring regulation; other necessary contents and anticipated legislative regulations or articles of legislative regulations that need to be amended, supplemented, replaced, or become invalid;

c. A letter soliciting opinions, clearly stating the issues requiring opinions;

d. Other related documents concerning the content of the draft.

3. Units under the State Bank participating in providing opinions must submit their comments to the lead unit within the latest period of 07 (seven) working days from the date of receiving the complete set of files requesting opinions as stipulated in Clause 2 of this Article. In cases where additional time is needed for research, the commenting unit must agree with the lead unit on the submission time for comments, but not exceeding 10 working days. In cases where opinions are sought from banking associations, credit institutions, and political-social organizations, the lead unit must ensure these organizations have up to 10 working days to study and provide comments from the date of sending the request for opinions.

4. Solicitation of opinions and participation in providing opinions must be done in writing; in necessary cases, after obtaining the Governor's approval, opinions may be solicited through meetings or seminars.

Article 15. Compilation and Incorporation of Comments

1. After receiving comments, the leading unit shall be responsible for compiling and studying these comments to revise the draft. For contents that have not reached consensus, the main unit shall report to the Governor or Deputy Governor in charge of the sector to seek guidance.

2. Depending on the nature and content of the draft, the main unit may organize further solicitation of opinions from relevant agencies, units, and organizations to perfect the draft according to the procedures stipulated in Article 15 of this Regulation.

Article 16. Examination of Draft Texts

1. Before submitting the draft for the Governor's signature and issuance, the main unit shall prepare a dossier requesting examination and send it to the Legal Department.

2. The dossier requesting examination includes:

a. A letter requesting examination;

b. The draft proposal for the Governor's approval to sign and issue;

c. The final draft decided by the main unit to submit to the Governor;

d. Documents reflecting the Governor's directives (if any);

đ. Detailed presentation about the draft text (if any);

e. Summary of contributions from other units regarding the draft;

g. Other related documents.

3. Within the latest seven working days from the date of receipt of the complete examination dossier as prescribed in Clause 2 of this Article, the Legal Department must send its examination opinion to the main unit; if additional time is needed for research, the Legal Department shall agree with the main unit to extend the examination period, but not exceeding ten working days.

Article 17. Content of Examination

1. The examination of draft texts aims to ensure that the issued documents are lawful. The scope of examination includes:

a. The necessity of issuing the document;

b. The consistency of the document's content with the Party's policies, guidelines, and policies; the constitutionality, legality, and consistency of the document with the legal system;

c. The feasibility of the document;

d. The subjects and scope regulated by the document;

đ. Compliance with drafting procedures and processes;

e. The format and technical presentation of the document (including: form, name, language, structure, and layout of the document).

2. During the examination process, the Legal Department may request the main unit to present issues within the draft content, provide information, and materials to serve the examination of the draft document.

Article 18. Results of Examination

The examination opinion of the Legal Department must be expressed in writing and sent to the main unit (according to Model No. 6 attached to this Regulation):

1. In cases where there is full agreement with the draft, the Legal Department will stamp "Legal Department" on the draft.

2. In cases where there are differing opinions, the Legal Department will not stamp "Legal Department" on the draft. The main unit shall report to the Governor for consideration and decision. Based on the Governor's directive, the main unit will revise the draft and submit it for signing and issuance according to Article 20 of this Regulation, without repeating the examination procedure.

Article 19. Submission for Signature and Issuance

1. After the draft document has been examined by the Legal Department, the main unit shall prepare a dossier to submit to the Governor for signature and issuance.

2. The dossier for submission for signature and issuance includes:

a. The draft document that has been examined;

b. The proposal to the Governor, which outlines the basic content of the draft, summarizes the comments from participating units, the examination opinion of the Legal Department, and the explanation of the main unit;

c. Documents reflecting the Governor's directives (if any);

d. The Legal Department's examination document on the draft;

đ. Other related documents.

3. Based on the Working Program of the State Bank of Vietnam Leadership Board, the Office shall submit the Governor for signature and issuance of the document after receiving the complete dossier as prescribed in Clause 2 of this Article.

Article 20. Stamping, numbering, recording issuance date, sending copies, storing regulatory legal documents

1. After the draft document is signed into effect by the Governor, the Office shall number it, stamp it, record the issuance date, and send copies of the issued document to the Government Office for publication in the Official Gazette within no more than two days from the signing date; send copies to relevant agencies, units, and organizations, and publish on the electronic news page of the State Bank.

2. Issued documents shall be stored at the Office, the lead unit, and the Legal Department.

Article 21. Drafting and issuing joint resolutions and circulars between the State Bank and related Ministries, sectors, and organizations

1. In cases where the State Bank is the leading agency in drafting and issuing joint resolutions and circulars:

a. During the drafting process of joint resolutions and circulars, the lead unit shall organize the collection of opinions according to Article 15 of this Regulation.

b. Before submitting for the Governor's signature to issue joint resolutions and circulars, the lead unit must submit the file for the Legal Department to review according to Articles 17 and 18 of this Regulation.

c. The Legal Department shall provide written comments on the draft to the lead unit without stamping "Legal Department" on the draft.

d. The lead unit shall prepare the file for submission to the Governor for signature to issue according to Articles 20 and 21 of this Regulation.

2. In cases where the State Bank is a participating agency in drafting and issuing joint resolutions and circulars:

a. Prior to submitting for the Governor's signature to issue, the unit assigned by the Governor to participate in drafting the document must seek the opinion of the Legal Department on the draft.

b. After receiving the comments from the Legal Department, the unit assigned by the Governor to participate in drafting the document shall prepare the file for submission to the Governor for signature to issue according to Article 20 of this Regulation. Joint resolutions and circulars, once issued, shall be stored at the Office, the Legal Department, and the unit assigned by the Governor to participate in drafting.

Article 22. Drafting and issuing regulatory legal documents to amend and supplement other regulatory legal documents

1. When amending and supplementing regulatory legal documents (decisions, directives, circulars, joint resolutions, joint circulars), the corresponding form of regulatory legal document must be used.

2. The procedures and formalities for drafting and issuing regulatory legal documents to amend and supplement other regulatory legal documents shall comply with the provisions set out in Section 2 of Chapter III of this Regulation.

Chapter IV

INSPECTION AND HANDLING OF REGULATORY LEGAL DOCUMENTS

Article 23. Inspection and handling of regulatory legal documents

1. Inspection of documents includes self-inspection activities of regulatory legal documents within the authority of the Governor to issue and inspection activities of regulatory legal documents that contain provisions related to monetary management and banking operations issued by the Minister, Head of a Ministry-level agency, People's Council, and Provincial People's Committee.

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 on the inspection and handling of regulatory legal documents, Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 135/2003/NĐ-CP of the Government, and the provisions of this Regulation.

2. The Legal Department shall be the focal point assisting the Governor in implementing the inspection and handling of documents.

Article 24. Drafting inspection plans for legal documents

Before December 1st each year, the Legal Department shall base on the results of drafting, promulgating, inspecting, and handling legal regulatory documents of the previous year to draft the Inspection Plan for legal documents for the following year, submit it to the Governor for approval, and be responsible for organizing its implementation.

Article 25. Procedures for self-inspection and handling of legal regulatory documents within the authority to issue by the Governor issued by the Governor

1. When inspecting and discovering that a document contains content contrary to the law or is no longer appropriate, the Legal Department shall have the responsibility to immediately notify the unit that was primarily responsible for drafting the document, the entity submitting the document, and at the same time coordinate exchanges to unify the content contrary to the law or no longer appropriate, agree on measures to handle the situation, and prepare a draft document for handling, report to the Governor to promptly suspend the enforcement, amend, supplement, replace, or abolish the document.

2. For joint resolutions and joint circulars, the Legal Department shall have the responsibility to conduct self-inspection of contents under the State management domain of the State Bank, and coordinate with relevant units under Ministries, sectors, agencies, and organizations that signed the joint resolutions and joint circulars to inspect all content of the document. In case of discovering that the document contains content contrary to the law or is no longer appropriate, the exchange, discussion, and recommendation for handling must involve coordination between the State Bank and the agencies that signed the joint resolutions and joint circulars.

Article 26. Procedures for implementing inspections and handling of legal regulatory documents issued by the Minister, Head of a Ministry-level agency, People's Council, and People's Committee of a provincial level

1. When inspecting and discovering signs of contravention of the law in a document, the Legal Department shall advise the Governor to sign a document notifying the issuing agency or person with authority to self-inspect and handle the document according to the provisions of the law.

2. Within thirty days from the date of receipt of the notification from the State Bank, if the issuing agency or person with authority has not handled the document containing content contrary to the law, or if the Governor does not agree with the handling result of the issuing agency or person, then the Legal Department shall advise the Governor to decide on handling the document contrary to the law within his authority as follows:

a. Recommend the Minister or Head of a Ministry-level agency who issued the document contrary to the legal regulatory document on monetary matters and banking activities of the State Bank to suspend the enforcement, revoke part or all of the document; within fifteen (fifteen) days from the date of receipt of the recommendation, if the recommendation is not accepted or the Minister or Head of a Ministry-level agency does not agree with the handling result, the Governor shall report to the Prime Minister to handle according to the provisions of the law;

b. Recommend the Prime Minister to suspend the enforcement of the resolution of the Provincial People's Council issued contrary to the document of the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, or the document of the Governor on monetary matters and banking activities;

c. Suspend the enforcement and recommend the Prime Minister to revoke the decision or directive of the Provincial People's Committee issued contrary to the document on monetary matters and banking activities of the Governor;

d. Exercise other authorities when assigned by the Government or the Prime Minister in handling documents contrary to the law.

Article 27. Reporting System

The Legal Department shall monitor, compile the results of inspections, and periodically report the inspection work to the Governor and send to the Minister of Justice as prescribed by law.

Chapter V

EXPENSES SUPPORTING THE PROMULGATION OF LEGAL REGULATORY DOCUMENTS

Article 28. Contents of the budget for supporting the issuance of regulatory legal documents.

1. The budget for supporting the issuance of regulatory legal documents shall be allocated in the annual state budget estimate of the State Bank.

2. The budget for supporting the issuance of regulatory legal documents shall be used for the following contents:

a. Drafting work: Costs for investigation and survey; translation and preparation of materials; drafting, seminars, and preparation of documents; printing of materials; other costs (if any).

b. Organizing the introduction of draft contents to solicit opinions from agencies, organizations, and the public.

c. Examination and verification work, organizing the promulgation of documents.

d. Activities related to inspecting regulatory legal documents.

3. The Accounting and Finance Department shall coordinate with the Legal Affairs Department to advise the Governor on specific expenditure levels for supporting the issuance of regulatory legal documents during each period.

Article 29. Preparation of Budget Estimates and Settlement of Expenditures for the Program of Issuing Regulatory Legal Documents.

1. Based on the program approved by the Governor and the financial expenditure regulations, current expenditure items and levels, the lead unit shall prepare the budget estimate for issuing regulatory legal documents and submit it to the Administrative Bureau. The Administrative Bureau shall consolidate the budget estimates for issuing regulatory legal documents into the annual financial plan according to the regulations and submit it to the Accounting and Finance Department. The Accounting and Finance Department shall prepare the budget estimate for issuing regulatory legal documents and submit it to the Governor at the same time as preparing the annual state budget estimate.

2. In cases where the Governor of the State Bank assigns the preparation of urgent regulatory legal documents based on management requirements of the State Bank, the lead unit shall prepare the budget estimate according to the financial expenditure regulations, current expenditure items and levels, and submit it to the Administrative Bureau. The Administrative Bureau shall examine and resolve based on the current regulations.

3. Payment and settlement of expenditures shall be carried out at the Administrative Bureau.

Article 30. Preparation of Budget Estimates and Settlement of Expenditures for Inspection Activities Related to Regulatory Legal Documents.

Based on the funding contents ensuring inspection activities of regulatory legal documents stipulated in Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of regulatory legal documents, Circular Jointly Issued No. 109/2004/TTLT-BTC-BTP dated November 17, 2004 of the Ministry of Finance and the Ministry of Justice guiding the management and use of funds ensuring inspection activities of regulatory legal documents, and the approved inspection plan, the Legal Affairs Department shall prepare the budget estimate for ensuring inspection activities of regulatory legal documents and submit it to the Administrative Bureau according to the regulations. Management, expenditure, payment, and settlement of funds shall be carried out according to the current financial system regulations.

Article 31. Utilization of Other Sources of Funds.

Other sources of funds such as assistance and sponsorship from domestic and foreign organizations and individuals for the development of regulatory legal documents shall be balanced within the project and draft budget. The utilization and management of these sources of funds shall be applied similarly to the use and management of government budget support funds for the development of regulatory legal documents.