Circular No. 19/2018/TT-BCT on the construction and issuance of legal normative documents of the Ministry of Industry and Trade

CIRCULAR

Provisions on the drafting and issuance of regulatory legal documents

of the Ministry of Industry and Trade

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

2012;

On the basis of Ordinance on Codification of Regulatory Legal Norms April 16, 2012;  

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control; Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control; Government Decree No. Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

On the basis of Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codification of Regulatory Legal Norms;

On the basis of Decree Decree No. 52/2015/NĐ-CP dated May 28, 2015 of the Government on national legal databaseNational legal database;

Pursuant to Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular stipulating the drafting and issuance of regulatory legal documents of the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular provides for preparatory work; procedures and formalities for proposing and planning the Program for drafting regulatory legal documents; drafting, reviewing, issuing, consolidating, codifying regulatory legal documents, and updating the national database of regulatory legal documents issued by the Minister of Industry and Trade or submitted to competent authorities for issuance.

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

a) Laws, resolutions of the National Assembly;

b) Ordinances, resolutions of the Standing Committee of the National Assembly;

c) Decrees of the Government;

d) Decisions of the Prime Minister;

d) Circulars of the Minister of Industry and Trade, joint circulars between the Minister of Industry and Trade and the President of the Supreme People's Court, the Prosecutor General to regulate cooperation in implementing procedural and formalities.

3. The drafting and issuance of Circulars on technical standards in the field of Industry and Trade shall be carried out in accordance with the laws on technical standards and the provisions of this Circular.

Article 2. Applicability

This Circular applies to the General Department, Bureaus, Departments, Office of the Ministry, Office of the Competition Council, Inspectorate of the Ministry (hereinafter referred to as units under the Ministry), organizations, and individuals related to the drafting and issuance of regulatory legal documents within the scope of management of the Ministry of Industry and Trade.

Article 3. Directing the work of establishing and issuing legal normative documents

1. The Minister directs comprehensively the work of drafting, reviewing, and issuing regulatory legal documents of the Ministry of Industry and Trade.

2. Deputy Ministers implement the direction of drafting, reviewing regulatory legal documents according to the fields assigned to them and report to the Minister before signing for issuance.

Article 4. Format and technical presentation of regulatory legal documents

The format and presentation techniques of regulatory legal documents shall be implemented in accordance with the provisions of Chapter V of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Issuance of Regulatory Legal Documents (hereinafter referred to as Decree No. 34/2016/NĐ-CP).

Article 5. Supervision of administrative procedures in drafting and promulgating regulatory legal documents

For regulatory legal documents containing administrative procedures, during the process of proposing to draft, drafting, and issuing documents, units under the Ministry shall be responsible for implementing supplementary activities in accordance with the provisions of Chapter II of Circular No. 18/2018/TT-BCT dated July 19, 2018 of the Ministry of Industry and Trade on activities for administrative procedure control in the field of state management of the Ministry of Industry and Trade.

Article 6. Supervision of industries and trades subject to conditional business investment and conditions for business investment

1. For proposals to draft laws, ordinances, decrees that propose amendments or supplements to industries and trades subject to conditional business investment or conditions for business investment, the leading unit shall be responsible for supplementing the contents in the proposal to draft the document according to the provisions of Clause 2, Article 14 of Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain articles of the Investment Law (hereinafter referred to as Decree No. 118/2015/ND-CP).

2. The leading unit shall be responsible for reporting to the Ministry's leadership to sign the document seeking opinions from the Ministry of Planning and Investment on the contents that have been developed according to Clause 1 of this Article.

3. Annually and upon the management requirements of the Ministry, units shall be responsible for reviewing and evaluating the implementation of regulations on industries and trades subject to conditional business investment and conditions for business investment within their scope of management according to the provisions of Article 15 of Decree No. 118/2015/ND-CP.

Chapter II

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS

Section 1

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY SUBMITTED BY THE GOVERNMENT

Article 7. Plan for Proposing to Draft Laws, Ordinances, Resolutions

1. The process of proposing to draft normative legal documents as stipulated in Articles 8, 9, 10, and 11 of this Circular applies to:

a) Laws of the National Assembly;

b) Resolutions of the National Assembly specified in point b and point c of Clause 2, Article 15 of the Law on Enacting Normative Legal Documents (hereinafter referred to as the Law).

c) Ordinances of the Standing Committee of the National Assembly;

d) Resolutions of the Standing Committee of the National Assembly as provided in point b, Clause 2, Article 16 of the Law.

2. Prior to implementing the process of proposing to draft laws, ordinances, resolutions as stipulated in Clause 1 of this Article, units under the Ministry must develop a Plan for Proposing to Draft Laws, Ordinances, Resolutions (including clearly defined preparation time for files, organization time for soliciting opinions, submission time to the Department of Legal Affairs for review, submission time to the Ministry of Justice for examination, submission time to the Government for consideration and approval).

Article 8. Files for Proposing to Draft Laws, Ordinances, Resolutions

1. The unit requesting to develop laws, ordinances, and resolutions shall be responsible for preparing the file for requesting to develop laws, ordinances, and resolutions, including the documents prescribed in Clause 1, Article 37 of the Law.

In cases where the proposal involves administrative procedures, the entity proposing the draft shall supplement the documents as prescribed in Article 5 of this Circular.

In cases where the proposal to draft a document includes proposals to amend, supplement, or replace industries and trades subject to conditional business investment and conditions for business investment, the unit drafting the proposal shall supplement the documents as prescribed in Article 6 of this Circular.

2. The process of formulating policy content and assessing the impact of policies in proposals to draft laws, ordinances, and resolutions shall be carried out in accordance with the provisions of Section 1 Chapter II of Decree No. 34/2016/NĐ-CP.

Article 9. Soliciting Opinions on Proposals to Draft Laws, Ordinances, Resolutions

1. The unit proposing to draft laws, ordinances, resolutions shall be responsible for organizing the solicitation of opinions from entities directly affected by the policies in the proposals to draft laws, ordinances, resolutions and soliciting opinions from relevant agencies, organizations, and individuals through the forms prescribed in Article 36 of the Law and as prescribed in Articles 10 and 11 of Decree No. 34/2016/ND-CP.

2. The unit proposing to draft laws, ordinances, resolutions shall be responsible for soliciting opinions from the Ministry of Public Security regarding the suitability with security and public order requirements.

Article 10. Reviewing Proposals to Draft Laws, Ordinances, Resolutions

1. The Department of Legal Affairs shall be responsible for reviewing proposals to draft laws, ordinances, resolutions prepared by units under the Ministry before submitting them to the Ministry of Justice for examination.

The file sent to the Department of Legal Affairs for review includes the documents prescribed in Clause 1, Article 8 of this Circular.

By the latest on September 30 each year, the unit proposing to draft laws, ordinances, resolutions must send the proposal file to the Department of Legal Affairs for review.

2. The Department of Legal Affairs shall review the proposal file for drafting laws, ordinances, resolutions within 15 days from the date of receiving the complete file sent by the unit proposing to draft.

3. The review content focuses on the issues prescribed in Clause 3, Article 39 of the Law.

4. The review report must clearly reflect the opinion of the Department of Legal Affairs on the review content prescribed in Clause 3 of this Article and on whether the proposal to draft laws, ordinances, resolutions meets the conditions or not for submission to the Ministry of Justice for examination prior to submission to the Government for consideration and approval.

Article 11. Review of proposals to establish laws, ordinances, and resolutions

The unit proposing to establish laws, ordinances, and resolutions shall be responsible for researching, adopting, and explaining the opinions from the Legal Department's review to revise and perfect the proposal documents for establishing laws, ordinances, and resolutions, and submitting them to the Ministry's leadership for forwarding to the Ministry of Justice for review in accordance with Clause 2 of Article 39 of the Law.

Article 12. Submitting proposals to establish laws, ordinances, and resolutions for consideration and approval by the Government

1. The unit proposing to establish laws, ordinances, and resolutions shall be responsible for researching, explaining, and adopting the opinions from the Ministry of Justice's review to revise and perfect the proposals for establishing laws, ordinances, and resolutions; simultaneously, submitting the revised proposals for establishing laws, ordinances, and resolutions along with the explanatory reports for adoption to the Ministry of Justice when submitting to the Government in accordance with Clause 2 of this Article.

2. The unit proposing to establish laws, ordinances, and resolutions shall be responsible for reporting to the Ministry's leadership to submit proposals for establishing laws, ordinances, and resolutions for the Government's consideration and approval at least 20 days before the date of the Government's session. The documents submitted to the Government include those specified in Clause 2 of Article 40 of the Law.

3. Based on the Government's resolution approving the proposals for establishing laws, ordinances, and resolutions, the proposing unit shall be responsible for leading and coordinating with the Legal Department to perfect the proposal documents for establishing laws, ordinances, and resolutions for submission to the Ministry's leadership for approval at the latest by December 15 each year to be forwarded to the Ministry of Justice in accordance with Clause 4 of this Article.

4. By the latest on December 31 each year, the proposal documents for establishing laws, ordinances, and resolutions approved by the Ministry's leadership in accordance with Clause 2 of this Article must be sent to the Ministry of Justice to prepare the Government's proposal on the legislative program for the following year (the year planned to submit to the National Assembly, the Standing Committee of the National Assembly).

For example, no later than December 31, 2016, the proposal dossier for drafting laws and ordinances must be sent to the Ministry of Justice to establish the Government's proposal on the legislative program for 2018.

Section 2

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS

OF THE GOVERNMENT, THE PRIME MINISTER,

THE MINISTER OF INDUSTRY AND TRADE

Article 13. Proposals to establish decrees as stipulated in Clause 2 and Clause 3 of Article 19 of the Law

1. The unit proposing to establish decrees as stipulated in Clause 2 and Clause 3 of Article 19 of the Law shall be responsible for preparing the proposal documents for establishing decrees including the documents specified in Article 87 of the Law. In cases where the proposal involves administrative procedures, the unit shall supplement additional documents as prescribed in Article 5 of this Circular. In cases where the proposal involves amendments, supplements, or replacements of conditional business sectors and conditions for business operations, the unit shall supplement additional documents as prescribed in Article 6 of this Circular.

The establishment of policy content and impact assessment in the proposal for establishing decrees shall be carried out in accordance with Clause 2 of Article 8 of this Circular.

2. The unit proposing to establish decrees shall be responsible for soliciting opinions from entities directly affected by the policies proposed in the decree; soliciting opinions from relevant agencies and organizations through methods prescribed in Article 86 of the Law and Articles 10 and 11 of Decree No. 34/2016/NĐ-CP.

3. The Legal Department shall be responsible for reviewing the proposal documents for establishing decrees from units under the Ministry before sending them to the Ministry of Justice for review.

The documents submitted for the Legal Department's review include those specified in Clause 1 of this Article.

4. The Legal Department shall review the proposal documents for establishing decrees within 15 days from the date of receiving complete documents from the proposing unit.

The review focuses on issues specified in Clause 3 of Article 88 of the Law. The review report must clearly reflect the Legal Department's opinion on whether the proposal documents for establishing decrees meet the conditions, need further perfection, or do not meet the conditions to be sent to the Ministry of Justice for review before submission to the Government for consideration and approval.

5. The proposing unit shall be responsible for researching, adopting, and perfecting the proposal documents for establishing decrees based on the Legal Department's review opinions and submitting them to the Ministry's leadership for forwarding to the Ministry of Justice for review in accordance with Clause 2 of Article 88 of the Law.

6. Based on researching, explaining, and adopting the Ministry of Justice's review opinions, the proposing unit for establishing decrees shall be responsible for revising and perfecting the proposal documents for establishing decrees for submission to the Ministry's leadership for approval before submission to the Government for consideration and approval in accordance with Clause 2 of Article 89 of the Law.

Article 14. Proposals for drafting decrees as stipulated in Clause 1, Article 19 of the Law, decisions of the Prime Minister, circulars/circulars issued jointly

1. For decrees provided for in Clause 1 of Article 19 of the Law, the proposal dossier shall include:

a) Explanation on the proposal for drafting the decree, including the name of the document; necessity and legal basis for issuing the document; basic policies, main contents of the document; proposed list of administrative procedures (if applicable); proposals for amending, supplementing, and replacing conditional business sectors and conditions for business operations as prescribed in Article 6 of this Circular;

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to submit to the Government (specific to the month);

c) Preliminary impact assessment report of the document;

d) Draft administrative procedure evaluation (if applicable);

đ) Opinions of agencies and units as prescribed in Clause 4 of this Article;

2. For decisions of the Prime Minister, the proposal dossier shall include:

a) Explanation on the proposal for drafting the decision, including the name of the document; necessity and legal basis for issuing the document; main contents of the document; proposed list of administrative procedures (if applicable);

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to submit to the Prime Minister (specific to the month);

c) An assessment of the proposed administrative procedures (if applicable);

d) Opinions of agencies and units as prescribed in Clause 4 of this Article;

3. For circulars/circulars issued jointly, the proposal dossier includes:

a) Explanation on the proposal for drafting the circular/circulars issued jointly, including the name of the document; necessity and legal basis for issuing the document; main contents of the document; proposed list of administrative procedures (in cases where the law assigns the regulation of administrative procedures);

b) Information on the leading agency in drafting the document, resources to ensure the work of drafting the document, and the expected time to issue (specific to the month);

c) Draft administrative procedure evaluation (in cases where the law assigns the regulation of administrative procedures);

d) Opinions of agencies and units if there are related contents as prescribed in Clause 4 of this Article;

4. Before submitting to the Legal Department for review as prescribed in Point b, Clause 1, Article 16 of this Circular, the unit proposing to draft legal regulatory documents as stipulated in Clauses 1 and 2 of this Article shall be responsible for sending the dossier to the Ministry of Public Security to seek opinions on compliance with security and public order requirements; sending the dossier to relevant agencies and units as prescribed in Article 5 of this Circular to seek opinions if there are related contents concerning administrative procedures; sending the dossier to the Ministry of Planning and Investment to seek opinions if there are related contents concerning conditional business sectors and conditions for business operations as prescribed in Article 6 of this Circular;

Chapter III

||| PROGRAM FOR THE DEVELOPMENT OF LEGAL INSTRUMENTS OF THE MINISTRY OF INDUSTRY AND TRADE

Article 15. Program for drafting legal regulatory documents of the Ministry of Industry and Trade

1. The program for drafting legal regulatory documents of the Ministry of Industry and Trade (hereinafter referred to as the Program) is compiled based on assigned tasks from competent authorities, proposals from units under the Ministry, and reviewed by the Legal Department;

||| Article 2. The Program includes the following main contents:

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

b) Level of submission or issuance for each document;

c) Time of submission for each document (specific to the month);

d) Leading unit in drafting each document;

đ) Other necessary contents;.

3. The Program is issued annually by the Minister according to Model 1 attached to this Circular and may be adjusted or supplemented by the Minister as prescribed in Article 20 of this Circular;

4. The Program serves as the basis for allocating funds to support the work of drafting legal regulatory documents of the Ministry.

Article 16. Preparation of the Program

1. Units under the Ministry shall be responsible for:

a) Submitting the dossier proposing to establish laws, ordinances, resolutions, decrees as stipulated in Articles 8 and 13 of this Circular, which have been approved by the Government, to the Legal Department for consolidation and inclusion in the Program;

b) Submitting the dossier proposing to establish regulatory legal documents as stipulated in Article 14 of this Circular to the Legal Department for examination, consolidation, and reporting to the Minister for consideration and inclusion in the Program.

2. The deadline for submitting proposals to establish regulatory legal documents as provided for in Clause 1 of this Article shall be implemented as follows:

a) Before December 15 each year for proposals to establish laws, ordinances, and resolutions for the following year (the year expected to be submitted to the National Assembly, the Standing Committee of the National Assembly);

b) Before September 30 each year for proposals to establish Government decrees and Prime Minister decisions for the following year;

c) Before October 31 each year for proposals to establish circulars/circulars jointly issued for the following year.

3. Agencies, organizations, and individuals may submit written suggestions for establishing laws, ordinances, and decrees to the Legal Department or through the Ministry of Industry and Trade's electronic portal (www.moit.gov.vn). The Legal Department shall take the lead and coordinate with units under the Ministry to examine and consolidate these suggestions for reporting to the Minister.

Article 17. Examination of Proposals to Establish Regulatory Legal Documents

1. The Legal Department shall examine the dossiers proposing to establish regulatory legal documents as stipulated in Article 14 of this Circular from units under the Ministry for submission to the Minister for consideration and inclusion in the Program.

2. In cases where the proposal dossier does not meet the requirements stipulated in Article 14 of this Circular, within five days, the Legal Department shall request units under the Ministry to supplement and complete.

3. The Legal Department shall examine within seven days from the date of receiving the complete proposal dossier for establishing regulatory legal documents that meet the requirements sent by units under the Ministry.

4. The main contents of the examination include: necessity, legal basis for issuing the document; scope of regulation, subjects of application; basic policies of the document; consistency, compatibility with current Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member; conditions ensuring the establishment and enforcement of the document.

For proposals to establish regulatory legal documents containing administrative procedures, the Ministry Office shall provide comments on the proposed administrative procedures.

For proposals to establish regulatory legal documents containing provisions related to gender equality, the Legal Department shall provide comments on incorporating gender equality issues into the draft document.

5. During the examination process, if clarification of relevant contents is required, the unit proposing to establish the document shall be responsible for explaining to the Legal Department about those contents.

Article 18. Issuance of the Program

1. Based on the results of examining the dossiers proposing to establish regulatory legal documents from units under the Ministry, the Legal Department shall draft the Program and send it to units under the Ministry for comments and publish it on the Ministry of Industry and Trade's electronic portal (www.moit.gov.vn) for agencies, organizations, and individuals to participate in providing opinions.

2. On the basis of comments from units under the Ministry, agencies, organizations, and individuals, the Legal Department shall revise and perfect the Program draft and submit it to the Minister for consideration and issuance no later than December 31 each year.

Article 19. Implementation of the Program

1. The head of the unit responsible for drafting shall be responsible for:

a) Ensuring the progress schedule, procedures, and quality of the draft legal document;

b) Implementing regular reporting systems (weekly, monthly, quarterly, annually) or ad hoc reports on the implementation of the Program to the Legal Affairs Department for consolidation, and reporting to the Ministry's leadership or competent authority;

For legal normative documents that are behind schedule, the head of the unit responsible for drafting must report clearly the reasons for the delay and propose measures to address it;

c) Submitting reports six months before June 15th each year and annual reports before November 15th each year;

2. The Legal Department shall be responsible for:

a) Urging and consolidating reports on the progress of implementing the Program;

||| b) Report to the Minister on issues arising during the implementation of the Program;

c) Drafting six-monthly, annual, or ad hoc reports on the work of building legal normative documents according to the directives of the Ministry's leadership or the requirements of the competent authority;

3. The results of implementing the Program are one of the criteria for assessing competition and rewarding units under the Ministry annually.

Article 20. Adjustments and Supplements to the Program

||| Article 1. Adjustments and supplements to the Program shall be made in the following cases:

a) Removing from the Program legal normative documents that are not necessary to issue or no longer need to be issued due to changes in economic and social conditions;

b) Supplementing the Program with legal normative documents due to urgent management needs within the scope of the Ministry of Industry and Trade's jurisdiction or to amend and supplement them according to newly issued documents to ensure the consistency of the legal system or to implement international commitments;

c) Adjusting the submission time due to delays in drafting or the quality of the draft document not being guaranteed.

2. When there are adjustments or supplements to the Program, the unit under the Ministry proposing such adjustments or supplements shall be responsible for submitting to the Legal Affairs Department a document requesting adjustments or supplements to the Program, detailing the contents to be adjusted or supplemented and providing specific explanations. For requests to include legal normative documents in the Program as stipulated in point b, Clause 1, Article 20 of this Ordinance, complete files as required by Articles 13 and 14 of this Circular must be provided. For requests to adjust the submission time for documents already included in the Program, the unit proposing the adjustment must report and obtain the Minister's agreement on the adjustment before submitting to the Legal Affairs Department for consolidation.

3. The Legal Affairs Department shall review and consolidate requests for adjustments and supplements to the Program and submit them to the Minister for consideration and issuance of a Decision adjusting and supplementing the Program no later than July 15th each year.

4. In cases where necessary, the Legal Affairs Department shall review and assess the implementation of the Program up to December 25th each year and recommend to the Minister to remove from the Program those documents that cannot be completed in that year due to objective reasons.

Chapter IV

||| DRAFTING LEGAL INSTRUMENTS

Article 21. Drafting Laws, Ordinances, Resolutions, Decrees

1. For laws, ordinances, and resolutions, the drafting shall be carried out through the Drafting Board and the Editorial Team as prescribed in Articles 52, 53, 54, and 55 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

2. The head of the unit responsible for drafting shall organize the development of draft decrees based on policies approved by the Government for the decrees specified in Clauses 2 and 3, Article 19 of the Law; ensuring the consistency of the decree with the provisions of the detailed regulations for the decree specified in Clause 1, Article 19 of the Law.

If necessary, the unit responsible for drafting may report to the Minister to establish a Drafting Board and an Editorial Team to draft the decree as prescribed in point b, Clause 2, Article 90 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

If a Drafting Board is not established, the unit responsible for drafting may report to the Minister to establish an Editorial Team to draft the decree.

Article 22. Drafting Decisions of the Prime Minister, Circulars/Circulars Jointly Issued

1. The drafting of Decisions of the Prime Minister, Circulars/Circulars Jointly Issued shall be carried out through the Drafting Team.

2. The head of the leading unit must complete the process of submitting to the Minister for consideration and decision on establishing the Drafting Team within thirty days from the date of issuance of the Program.

The Drafting Team for Decisions of the Prime Minister must include members consisting of the Team Leader being the leadership of the leading unit and other members being representatives of the Ministry of Justice, Office of the Government, Legal Department, and relevant agencies, organizations, and individuals.

The Drafting Team for Circulars of the Minister must include members consisting of the Team Leader being a representative of the leading unit and other members being representatives of the Legal Department, and representatives of relevant units, organizations, and individuals.

The Drafting Team for Jointly Issued Circulars drafted under the lead of the Ministry of Industry and Trade must include members consisting of the Team Leader being the leadership of the leading unit and other members being representatives of the Legal Department, and representatives of relevant units, organizations, and individuals.

3. The Drafting Team is responsible for developing detailed plans and organizing the drafting of draft regulatory legal documents of high quality, ensuring the progress assigned according to the Program.

4. In cases where Circulars need to be issued to take effect simultaneously with laws, ordinances, decrees of the Government, Decisions of the Prime Minister mentioned in Clause 1 of this Article or other Circulars requiring urgent construction, submission, or issuance, the leading unit must report to the Minister for consideration and permission to draft the document without having to establish a Drafting Team.

Article 23. Soliciting Opinions During the Drafting Process of Regulatory Legal Documents

1. During the drafting process, the leading unit must solicit opinions from entities directly affected by the draft regulatory legal document and from relevant agencies, organizations, and individuals using the methods prescribed in Articles 57, 91, point d, Clause 2, Article 97, Clause 2, Article 101, Clause 3, Article 110 of the Law.

2. For projects and draft regulatory legal documents that directly affect the rights, obligations, and interests of citizens and businesses, the leading unit must send them to the Vietnam Fatherland Front, the Vietnam Chamber of Commerce and Industry to solicit opinions from the Front and the business community.

3. For draft regulatory legal documents within the authority to issue of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister related to security and public order, the leading unit must seek the opinion of the Ministry of Public Security regarding compliance with security and public order requirements.

4. The leading unit organizes the solicitation of comments from relevant units within the Ministry on draft regulatory legal documents. Units within the Ministry have the responsibility to provide comments when requested to participate in the opinion-giving process. The head of the unit requested to participate in the opinion-giving process is responsible before the Minister for not participating or delaying participation in the opinion-giving process and any difficulties or issues arising (if any) related to the content within their administrative management responsibilities.

Article 24. Compilation, Incorporation of Opinions and Revision of Draft Regulatory Legal Instruments

1. The leading unit responsible for drafting shall be responsible for compiling, studying, incorporating, and explaining opinions from agencies, organizations, and individuals. In cases where opinions are not incorporated, the leading unit must provide specific explanations.

2. After revising the draft regulatory legal instrument according to Clause 1 of this Article, the leading unit responsible for drafting shall report and seek guidance from the Ministry's leadership on progress, content, complex issues, and issues with differing opinions regarding the draft regulatory legal instrument.

After receiving guidance from the Ministry's leadership, the leading unit responsible for drafting shall be responsible for revising the draft regulatory legal instrument. If deemed necessary, the leading unit may continue to solicit participation opinions from relevant agencies, units, organizations, and individuals both within and outside the Ministry.

Article 25. Drafting Regulatory Legal Instruments According to Simplified Procedures

Laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government and decisions of the Prime Minister in urgent situations or to suspend the entire or partial effect of regulatory legal instruments for a certain period or to immediately amend them to align with newly issued regulatory legal instruments shall be drafted and promulgated according to the simplified procedures stipulated in Articles 146, 147, 148, and 149 of the Law.

Chapter V

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 26. Submission of Draft Regulatory Legal Instrument Files for Review by the Legal Department

1. The leading unit responsible for drafting shall submit the file of the draft regulatory legal instrument within the authority to promulgate of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister to the Legal Department for review before submitting it to the Ministry's leadership for consideration and forwarding to the Ministry of Justice for review as prescribed by the Law.

2. The leading unit responsible for drafting shall submit the file of the draft circular to the Legal Department for review before submitting it to the Minister for consideration and signing for promulgation.

Article 27. Files Submitted for Review by the Legal Department

1. The leading unit responsible for drafting shall submit the file either in paper form or electronically to the Legal Department for review. Among these, the presentation document and draft regulatory legal instrument must be submitted in paper form, while other documents can be submitted electronically. If submitted in paper form, five (5) copies of the files to be reviewed by the Legal Department shall be provided.

2. For draft laws, ordinances, and draft resolutions, the documents for requesting review shall include:

a) Draft proposal to the Government on the project or draft;

b) Draft document;

c) A report on administrative procedures in the project or draft, and a statement explaining the incorporation of comments from the Administrative Procedure Control Bureau (Office of the Government), if the project or draft contains administrative procedures;

d) A report on integrating gender equality issues in the project or draft, if the project or draft includes provisions related to gender equality;

đ) A summary, explanation, and incorporation of opinions; a copy of opinions from ministries and equivalent agencies. For regulatory legal instruments that amend or supplement industries or professions subject to conditional business investment or business investment conditions, there must be a copy of the comments from the Ministry of Planning and Investment on the contents specified in Clause 1 of Article 6 of this Circular, along with the explanations and incorporations of the leading unit;

e) Other documents (if any).

3. For draft decrees, the documents for requesting review shall include:

a) Draft proposal to the Government on the draft decree;

b) Draft decree;

c) A report summarizing, explaining, and incorporating opinions from agencies, organizations, individuals, and directly affected entities; a copy of opinions from ministries, equivalent agencies, and government bodies. For regulatory legal instruments that amend or supplement industries or professions subject to conditional business investment or business investment conditions, there must be a copy of the comments from the Ministry of Planning and Investment on the contents specified in Clause 1 of Article 6 of this Circular, along with the explanations and incorporations of the leading unit;

d) Administrative procedure evaluation report, along with explanations regarding the adoption of comments from the Administrative Procedure Control Agency (Government Office), if the draft includes administrative procedures;

đ) Report on integrating gender equality issues, if the draft includes provisions related to gender equality;

e) Other documents (if any).

4. For draft decisions of the Prime Minister, the documents for requesting review shall include:

a) Draft proposal to the Prime Minister on the draft decision;

b) The draft decision;

c) A report summarizing, explaining, and incorporating opinions from agencies, organizations, individuals, and directly affected entities; a copy of opinions from ministries, equivalent agencies, and government bodies. For regulatory legal instruments that amend or supplement industries or professions subject to conditional business investment or business investment conditions, there must be a copy of the comments from the Ministry of Planning and Investment on the contents specified in Clause 1 of Article 6 of this Circular, along with the explanations and incorporations of the leading unit;

d) Administrative procedure evaluation report, along with explanations regarding the adoption of comments from the Administrative Procedure Control Agency (Government Office), if the draft includes administrative procedures;

đ) Report on integrating gender equality issues, if the draft includes provisions related to gender equality;

e) Other documents (if any).

5. For draft circulars/circulars jointly issued, the request for review files include:

a) Draft presentation to the Minister regarding the draft circular/circulars jointly issued;

b) Draft circular/circulars jointly issued;

c) Summary, explanation, and adoption of comments from agencies, organizations, individuals, and directly affected parties; copies of comments;

d) Impact assessment report; administrative procedure evaluation report, statement explaining the incorporation of comments from the Office of the Ministry, in cases where laws authorize the establishment of administrative procedures;

đ) Report on integrating gender equality issues (if applicable);

e) Other documents (if any).

Article 28. Acceptance of Documents for Review

1. The Department of Legal Affairs is responsible for receiving and checking the documents of draft regulatory legal instruments submitted by units for review.

2. In cases where the submitted documents for review do not meet the requirements stipulated in Article 27 of this Circular, within three days from the date of receiving the documents, the Legal Department shall request the drafting unit to supplement the documents.

Article 29. Organization of the Review Process

1. The Legal Department is responsible for reviewing draft regulatory legal documents sent by units.

2. For draft circulars/circulars jointly issued that directly affect the rights, obligations, and interests of citizens, businesses, involve multiple sectors, or are drafted under the main responsibility of the Legal Department, the Legal Department shall propose the Ministry's leadership to establish an Advisory Council for Review in accordance with Article 48 of Decree No. 34/2016/NĐ-CP.

3. Time limit for organizing the review:

a) Not exceeding ten days from the date the Legal Department receives all documents for review concerning draft laws, ordinances, decrees of the Government, and decisions of the Prime Minister;

b) Not exceeding seven days from the date the Legal Department receives all documents for review concerning draft circulars/circulars jointly issued;

c) Not exceeding five days from the date the Department of Legal Affairs receives complete review request documents for draft regulatory legal instruments developed and issued through simplified procedures;

4. When necessary, the Department of Legal Affairs may request the leading unit to provide explanations on the draft regulatory legal instrument to facilitate the review process.

5. For draft regulatory legal documents containing issues with differing opinions, the Legal Department will coordinate with the drafting unit to handle them. If necessary, the Legal Department may propose the Ministry's leadership to convene meetings with relevant units to discuss these issues before organizing the review process.

 

Article 30. Content of the Review

The review of draft regulatory legal documents focuses on the following issues:

1. The appropriateness of the content of the draft law/ordinance with the purpose, requirements, scope of regulation, and policies approved in the proposal to build the law/ordinance.

The appropriateness of the content of the draft decree with the detailed regulations provided for in Clause 1, Article 19 of the Law; the appropriateness of the content of the draft decree with the policies approved in the proposal to build the decree for Clauses 2 and 3, Article 19 of the Law.

2. The necessity of issuing the document, the subject, and the scope of regulation of the document for decisions of the Prime Minister, circulars/circulars jointly issued.

3. The appropriateness of the content of the draft document with the Party's guidelines and State policies.

4. The constitutionality, legality, and consistency of the draft document with the legal system; compatibility with international treaties to which the Socialist Republic of Vietnam is a party.

5. Compliance with the principles and requirements of administrative procedures if the draft document contains administrative procedures; the necessity and legality of amending and supplementing industries and trades with conditions for business operations or business operation conditions, if the draft document amends and supplements industries and trades with conditions for business operations or business operation conditions; the integration of gender equality issues in the draft document, if the draft document contains provisions related to gender equality issues.

6. Conditions ensuring human resources and financial resources to ensure implementation of the document.

7. Language, technical aspects, and procedures and processes for drafting the document.

Article 31. Review Meeting

1. The Legal Department is responsible for organizing the review meeting. For draft regulatory legal documents involving administrative procedures or specialized technical factors, and issues with differing opinions, the Legal Department invites representatives of the Ministry Office, representatives of the drafting unit, experts, technicians, and other relevant units to participate in the review meeting.

2. The review meeting shall proceed in the following sequence:

a) The Head of the Legal Department/Chairman of the Advisory Council for Review announces the reasons for the meeting;

b) The reporter provides information related to the project and draft regulatory legal document, and expresses their opinion on issues within the scope of the review;

c) Participants in the meeting discuss and express their opinions, focusing on issues within the scope of the review as specified in Article 30 of this Circular;

d) The Head of the Legal Department/Chairman of the Advisory Council for Review summarizes opinions and concludes.

3. The reporter is responsible for recording the minutes of the review meeting, including all opinions expressed during the meeting, to serve as the basis for drafting the review report. The minutes must be signed by the Head of the Legal Department/Chairman of the Advisory Council for Review.

Article 32. Report on Review

1. Based on the minutes of the review meeting, within the latest three days from the end date of the review meeting, the Department of Legal Affairs shall be responsible for completing the report on review to send to the main drafting unit according to the Model of Report on Review attached at Appendix 3 of this Circular.

2. The main drafting unit shall be responsible for studying, explaining, and adopting the comments of the Department of Legal Affairs/Consultation Council to revise and perfect the draft legal document before reporting to the Ministry's leadership for signature and submission to the Ministry of Justice for review or for the Minister's signature to promulish.

Chapter VI

SUBMISSION, ISSUANCE, ANNOUNCEMENT, TRANSLATION, CONSOLIDATION

CONSOLIDATED LEGAL DOCUMENT

Article 33. Soliciting Opinions of the Ministry's Leadership on Draft Legal Normative Documents

1. Before submitting the draft legal normative document to the Minister for signature to promulish or for submission to the competent authority for signature to promulish, it must solicit opinions from the Minister, Deputy Ministers responsible for the content, and Deputy Ministers responsible for the main drafting unit.

2. Other Ministry leaders not falling under the provisions of Clause 1 of this Article, if they have opinions on the draft legal normative document, shall directly report to the Minister for decision.

3. The main drafting unit shall be responsible for sending the Department of Legal Affairs the project dossier and draft legal normative document that has been revised according to the comments of the Ministry of Justice (for projects and draft legal normative documents within the promulgation authority of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister) or the comments of the Department of Legal Affairs (for circulars and joint circulars) to organize solicitation of opinions from the Ministry's leaders according to the provisions of Clause 1 of this Article according to the Model of Opinion Solicitation Form from the Ministry's Leaders attached at Appendix 4 of this Circular.

4. Within five days from the date of receipt of the project dossier and draft legal normative document, the leaders solicited for opinions shall be responsible for providing comments on the Opinion Solicitation Form from the Ministry's Leaders and sending it to the Department of Legal Affairs.

5. The Department of Legal Affairs shall be responsible for compiling the opinions of the Ministry's leaders and sending them to the main drafting unit for explanation, adoption of opinions, and revision and perfection of the project and draft legal normative document to submit to the Government, Prime Minister or for the Minister's signature to promulish.

Article 34. Submission to the Government, Prime Minister of Projects and Draft Legal Normative Documents

The main drafting unit shall take the lead and coordinate with the Department of Legal Affairs to prepare the project dossier and draft legal normative document for the Minister to submit to the Government, Prime Minister according to the following regulations:

1. The project dossier and draft resolution submitted to the Government includes:

a) A request to the Government regarding the project and draft;

b) The draft document that has been revised after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation, adoption of comments from the Ministry of Justice;

d) An assessment of administrative procedures in the project, if the project contains administrative procedures;

đ) A report on integrating gender equality issues in the project, if the project contains provisions related to gender equality issues;

e) A summary, explanation, and adoption of comments;

g) Other documents (if any).

The documents specified in points a, b, and c of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

2. The project dossier and draft decree submitted to the Government includes:

a) The Government’s report on the draft decree;

b) The draft decree that has been revised after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation, adoption of comments from the Ministry of Justice;

d) A summary, explanation, and adoption of comments from agencies, organizations, individuals, and direct subjects affected by the decree;

đ) An assessment of administrative procedures in the draft, if the draft contains administrative procedures; a report on integrating gender equality issues in the draft, if the draft contains provisions related to gender equality issues;

e) The Government's resolution approving policies in the proposal to establish the decree as stipulated in Clause 2 and Clause 3 of Article 19 of the Law;

g) Other documents (if any).

The documents specified in points a, b, and c of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

3. The project dossier and draft decision submitted to the Prime Minister includes:

a) A request to the Prime Minister regarding the draft decision;

b) The draft decision that has been revised after receiving comments from the Ministry of Justice;

c) The report on review by the Ministry of Justice; the report on explanation, adoption of comments from the Ministry of Justice;

d) A report on the impact assessment of policies in the draft decision;

đ) A summary, explanation, and adoption of comments from agencies, organizations, and individuals;

e) Other documents (if any).

The documents specified in points a, b, and c of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

4. The report on explanation and adoption of comments from the Ministry of Justice accompanying the revised draft document must be simultaneously sent to the Ministry of Justice when submitting the project and draft legal normative document as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 35. Provision of Information for Drafting Press Releases

1. Within three days from the date the Government Decree or Prime Minister Decision is signed and promulgated, the leading unit responsible for drafting shall send to the Legal Affairs Department the information required to draft the Press Release according to the Model for Providing Information for Drafting Press Releases attached as Appendix 5 to this Circular. The provision of information for drafting the Press Release shall be carried out through official letters and email.

2. Within two days from the date of receipt of the information sent by units pursuant to Clause 1 of this Article, the Legal Affairs Department shall be responsible for compiling and providing information on legal regulatory documents of the Government and the Prime Minister drafted under the main responsibility of the Ministry of Industry and Trade to serve the drafting of the Press Release.

Article 36. Updating the National Database on Law1. Within two working days from the date of publication or signing and promulgation of legal regulatory documents drafted under the main responsibility of the Ministry of Industry and Trade, or within two working days from the date of signing confirmation for consolidated documents, the leading unit responsible for drafting must send the electronic version of the document in ".doc" format to the Legal Affairs Department for updating in the National Database on Law.

a) Legal documents stipulating emergency measures, documents issued to promptly address requirements for disaster prevention and control, and disease prevention and control as prescribed by the Law on Enacting Legal Regulatory Documents;

2. The following legal normative documents must be sent immediately in ".doc" format to the Legal Affairs Department for updating on the day of publication or signing of promulgation:

a) Within fifteen working days from the date of receipt of the document stipulated in Clause 1 of this Article, the Legal Affairs Department shall carry out the posting of the document on the National Database on Law.

b) Documents effective from the date of publication or signing of promulgation.

3. Time limit for posting

b) Within two working days from the date of receipt of the document stipulated in Clause 2 of this Article, the Legal Affairs Department shall carry out the posting of the document on the National Database on Law.

4. Heads of units under the Ministry shall be responsible for ensuring the deadlines, accuracy, and completeness of the provision of legal regulatory documents and consolidated documents drafted under their main responsibility to the Legal Affairs Department for updating in the national database on law as prescribed in Clauses 1 and 2 of this Article.

Article 37. Announcing Investment Conditions and Foreign Investor Investment Conditions

1. For laws, ordinances, decrees that provide investment business conditions and foreign investor investment conditions, the leading unit responsible for drafting shall be responsible for submitting to the Ministry's leadership to send the contents regarding investment business conditions and foreign investor investment conditions stipulated in Clause 2 of Article 12 and Clause 2 of Article 13 of Decree No. 118/2015/NĐ-CP to the Ministry of Planning and Investment for announcement on the National Portal for Enterprise Registration.

2. The deadline for sending the contents for announcing investment business conditions and foreign investor investment conditions to the Ministry of Planning and Investment as prescribed in Clause 1 of this Article is five working days from the date of promulgation of the laws, ordinances, and decrees.

Article 38. Submission for Approval and Issuance of Circulars/Circulars Jointly Issued

 

1. The dossier submitted to the Minister for approval and issuance of circulars/circulars jointly issued includes:

a) A memorandum to the Minister regarding the draft circular/circulars jointly issued;

b) The draft circular/circulars jointly issued revised after receiving comments from the Legal Affairs Department;

g) A summary and explanation of the opinions of the Ministry's leaders (if any);

c) Legal review report of the Legal Department; report explaining and adopting review comments;

d) A summary and explanation of opinions from agencies, organizations, individuals, and directly affected entities;

đ) Impact assessment report; administrative procedure evaluation document if the law assigns regulations on administrative procedures; report on gender equality integration (if applicable);

e) Draft decision on publicizing administrative procedures specified in the draft (if applicable);

2. The draft circular/circulars jointly issued submitted to the Minister for approval and issuance must include all the documents prescribed in Clause 1 of this Article; abbreviated signatures of the leader of the leading unit responsible for drafting and the abbreviated signature of the leader of the Legal Affairs Department at the bottom right corner of each page of the draft document; the abbreviated signature of the Director of the Ministry's Office or Deputy Director of the Ministry's Office authorized at the final position in the "Distribution" section.

h) Other documents (if any).

The draft circular/circulars submitted for signature and issuance by the Minister must include all documents specified in Clause 1 of this Article; the abbreviated signatures of the leaders of the main drafting unit and the abbreviated signature of the leader of the Department of Legal Affairs at the bottom right corner of each page of the draft document; the abbreviated signature of the Director of the Ministry's Office or Deputy Director of the Ministry's Office authorized to sign at the final position in the section “Place of Receipt”.

Article 39. Issuance, publication in the Official Gazette, dissemination, and reporting on Circulars/ Joint Circulars

1. Issuance of Circulars/Joint Circulars:

a) After the document is signed by the Head of the Ministry, the drafting unit shall be responsible for sending two (2) signed copies along with the electronic version to the Ministry's Office, and shall be responsible for the accuracy of the electronic version compared to the original Circular/Joint Circular;

b) The Ministry's Office shall be responsible for numbering the Circular, affixing seals, archiving, reproducing, distributing the Circular/Joint Circular to agencies, organizations, and individuals according to the "Distribution" section of the Circular/Joint Circular, and returning the approval file to the drafting unit.

2. Publishing in the Official Gazette and disseminating:

a) Within three (3) days from the date of issuance, the Ministry's Office shall be responsible for sending the Circular/Joint Circular (paper copy and electronic version) to the Government Office for publication in the Official Gazette and dissemination on the Government Portal, the Ministry of Industry and Trade Portal, except for documents containing state secrets as prescribed by laws on state secrets;

b) Within three (3) days from the date of issuance, the Ministry's Office shall be responsible for sending the Circular/Joint Circular to the Department of Legal Review (Ministry of Justice) and the Legal Affairs Department for review as prescribed.

3. The Legal Affairs Department shall be responsible for disseminating the full text of the Circular/Joint Circular on the national legal database no later than fifteen (15) days from the date of issuance.

Article 40Consolidation of Legal Normative Documents

1. Legal normative documents that amend and supplement certain provisions of other legal normative documents must be technically consolidated with the original documents being amended and supplemented.

2. Heads of units under the Ministry shall be responsible for organizing the consolidation of normative legal documents issued by their units when they are amended or supplemented. The consolidated document must ensure the accuracy of its content and technical consolidation and must be submitted to the Minister for verification signature in accordance with the time limits stipulated in Clause 3, Article 6 and Clause 5, Article 7 of the Consolidation Ordinance of Normative Legal Documents as follows:

a) For normative legal documents of the Government, Prime Minister: within five (5) working days from the date of receipt of the amended or supplemented document sent by the Government Office, the drafting unit shall be responsible for completing the consolidation and submitting the consolidated document for the Minister's verification signature;

b) For Circulars/Joint Circulars: within five (5) working days from the date of issuance, the drafting unit shall be responsible for completing the consolidation and submitting the consolidated document for the Minister's verification signature.

3. After completing the consolidation of normative legal documents, the drafting unit shall send the ".doc" formatted electronic version of the document to the Legal Affairs Department for updating on the National Legal Database as stipulated in Article 36 of this Circular; simultaneously, it shall send the document to the Ministry's Office for dissemination on the Government Portal and the Electronic Official Gazette as follows:

a) For normative legal documents of the Government, Prime Minister: the drafting unit shall send the consolidated document to the Ministry's Office for submission to the Government Office for dissemination on the Government Portal and for publication in the Electronic Official Gazette within two (2) working days from the date the Minister signs the verification;

b) For Circulars/Joint Circulars: the drafting unit shall send the consolidated document to the Ministry's Office for dissemination on the Ministry of Industry and Trade Portal and for publication in the Electronic Official Gazette immediately after the Minister signs the verification on the document.

4. Reporting system: the unit responsible for consolidating normative legal documents shall be responsible for reporting on the implementation of the consolidation of normative legal documents of their unit periodically every six (6) months, annually, or at any time, to be compiled by the Legal Affairs Department and reported to the Ministry Leadership.

Article 41. Codification of regulatory legal documents

1. Units under the Ministry shall be responsible for codifying legal provisions in regulatory legal documents drafted by themselves; legal provisions in regulatory legal documents regulating issues within the scope of state management assigned by the Ministry.

2. The codification must ensure accuracy and completeness of content according to the headings, procedures, and technical requirements for codification stipulated in Articles 9, 10, 11, 12, 13, and 14 of the Ordinance on Codification of the System of Legal Provisions and Decree No. 63/2013/NĐ-CP dated June 27, 2013, detailing the implementation of the Ordinance on Codification of the System of Legal Provisions.

3. When implementing the codification of the system of legal provisions, units under the Ministry must ensure principles, contents, forms, and responsibilities for coordination as provided in Decision No. 11116/QĐ-BCT dated October 15, 2015, issued by the Minister of Industry and Trade on the Regulation on Coordination in Implementing the Codification of the System of Legal Provisions among Units under the Ministry of Industry and Trade.

Article 42Translation of Regulatory Documents

1. The Legal Department shall take the lead and coordinate with Vietnam News Agency and related units to translate regulatory legal documents specified in Clause 1, Article 102 of Decree No. 34/2016/NĐ-CP drafted by the Ministry of Industry and Trade, and may translate other documents into English or another foreign language if conditions permit.

2. The translation of documents is carried out through hiring organizations or individuals with expertise.

3. Translations of regulatory legal documents into English or another foreign language must accurately reflect the spirit of the original document, ensure the accuracy of the content of the translated document, and have only reference value.

Article 43Popularization of Regulatory Documents

1. The Legal Department leads and coordinates with the leading drafting unit to develop a plan for popularizing newly issued regulatory documents.

2. The unit in charge of drafting shall be responsible for actively coordinating with the Legal Department to disseminate newly issued regulatory legal documents.

 

Chapter VII

IMPLEMENTATION

Article 44. Ensuring human resources and material infrastructure for the work of drafting and promulgating regulatory legal documents

The leadership of the Ministry and the heads of units under the Ministry within their respective functions, tasks, and authorities shall be responsible for allocating personnel, financial support, working tools, information, and other necessary conditions for preparing, drafting, participating in opinions, reviewing, and promulgating regulatory legal documents.

Article 45. Financial resources for drafting and promulgating regulatory legal documents

1. The Finance and Enterprise Reform Department shall be responsible for allocating financial resources from the State budget for the annual work of drafting and promulgating regulatory legal documents of the Ministry in accordance with current regulations.

2. Based on the financial resources from the State budget, the Legal Department shall submit to the Ministry's leadership for consideration and decision on allocating financial support for drafting and promulgating regulatory legal documents to units according to the Model Decision on Allocation of Financial Support for Drafting and Promulgating Regulatory Legal Documents attached as Appendix 2 to this Circular.

3. The Science and Technology Department shall be responsible for coordinating with the Finance and Enterprise Reform Department to allocate financial resources for research topics providing scientific and practical bases for drafting regulatory legal documents with wide-ranging and complex scopes of regulation that could cause significant impacts, as proposed by the units in charge of drafting, in accordance with the guidelines for annual science and technology plans of the Ministry.

4. Units receiving financial support for drafting regulatory legal documents shall be responsible for using the support funds in accordance with financial regulations, ensuring valid and lawful documentation as required by current regulations.

The Ministry Office shall be responsible for guiding units in the use and settlement of financial resources for each regulatory legal document.

Article 46. Evaluation of the work of drafting and promulgating regulatory legal documents

The Legal Department shall be responsible for summarizing, concluding, evaluating, and quarterly reporting to the Minister on the work of drafting and promulgating regulatory legal documents of the Ministry.

Article 47. Awards

1. The progress in drafting and the quality of drafting regulatory legal documents are one of the bases for assessing and considering commendations and awards annually for individuals and units under the Ministry.

2. Based on the results of drafting regulatory legal documents by units with outstanding achievements, the Legal Department shall take the lead and coordinate with the Ministry Office and related units to consider recommending the Ministry's leadership to grant special awards.

Article 48. Handling responsibility

1. A unit entrusted with the main responsibility for drafting regulatory legal documents shall not be considered for commendation or awards in the year when more than 50% of the documents in the program are delayed by three months or more without a legitimate reason.

2. The Legal Department shall not be considered for commendation or awards in the year when more than 50% of the reviewed documents are not completed within the prescribed time without a legitimate reason.

3. Leaders of the Ministry entrusted with the task of directing the drafting of regulatory legal documents in their assigned fields who delay the schedule shall be criticized within the leadership team of the Ministry.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 49. Cross-referencing clause

In case the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacing or amended documents.

Article 50. Effective date

1. This Circular takes effect from September 3, 2018, replacing Circular No. 08/2016/TT-BCT dated June 29, 2016, issued by the Minister of Industry and Trade on the Regulations on Drafting, Reviewing, and Issuing Regulatory Legal Documents of the Ministry of Industry and Trade.

2. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.

3. During implementation, if there are difficulties or obstacles, agencies, units, organizations, and individuals should report to the Ministry of Industry and Trade (through the Department of Legal Affairs) for guidance and resolution./.