Circular No. 21/2012/TT-BGTVT amending and supplementing certain articles of Circular No. 32/2010/TT-BGTVT dated October 11, 2010, issued by the Minister of Transport on the drafting, examination, promulgation, review, and systematization of traffic transport regulatory legal documents.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 32/2010/TT-BGTVT dated October 11, 2010 of the Minister of Transport on drafting, reviewing, promulgating, inspecting, and systematizing transport-related regulatory legal documents.

The Minister of Transport issues this Circular to amend and supplement certain provisions of Circular No. 32/2010/TT-BGTVT dated October 11, 2010 on drafting, reviewing, promulgating, inspecting, and systematizing transport-related regulatory legal documents.

review and systematize regulatory legal documents on transport

_________________________

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

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

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

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

Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;

At the request of the Director of the Legal Department,

The Minister of Transport issues a Circular to amend and supplement some Articles of Circular No. 32/2010/TT-BGTVT dated October 11, 2010, regarding drafting, reviewing, promulgating, reviewing, and systematizing legalization regulatory legal documents on transport.

Article 1. Amending and supplementing certain provisions of Circular No. 32/2010/TT-BGTVT dated October 11, 2010 on drafting, reviewing, promulgating, inspecting, and systematizing transport-related regulatory legal documents..

"b)

“4. Implementing and supervising the enforcement of legal documents.”

3. Add

"Article 2. Scope of Application

This Circular applies to agencies, organizations, and individuals related to the establishment of programs for drafting, reviewing, promulgating, inspecting, and systematizing regulatory legal documents and implementing and supervising their enforcement.”

3. To add Clause 1a following Clause 1 of Article 6 as follows:

“1a. The basis for issuing the document is expressed in regular font, italic style, size 14, presented under the name of the document; after each basis, a new line must be started, ending with a semicolon at the end of the line, and the last line ends with a period.”

4. Amend Clause 3 of Article 9 as follows:

"On the 23rd day of each month, report to the Ministry (through the Legal Department) in writing or by email on the progress of drafting regulatory legal documents that have been continuously updated into a system since the beginning of the year for the Legal Department to compile, report to the Minister and Deputy Ministers about the work of drafting regulatory legal documents, and send to the Ministry Office for compilation into the Report on the Implementation of the Ministry's Tasks and Duties."

5. Amending Clause 1 of Article 10 as follows:

"1. Monthly and quarterly, the Legal Department reports to the Minister and Deputy Ministers on the results of drafting, promulgating, and implementing, supervising the enforcement of regulatory legal documents, including those transport regulatory legal documents that the Ministry of Transport has submitted to competent authorities for issuance but remain pending from previous periods and tasks for the upcoming month or quarter. In the content of the Report, clearly state difficulties, obstacles, and solutions."

6. Supplement Point m1 after Point m of Clause 2 of Article 12 as follows:

"m1. The Enterprise Reform and Management Department: regulatory legal documents on enterprises;"

7. Supplement Clause 1a after Clause 1 of Article 14 as follows:

"1a. When the main drafting agency is a Bureau submitting a draft Detailed Outline of Regulatory Legal Documents to the Ministry, the advisory agency shall submit a written approval of the Detailed Outline within 15 working days from the date of receipt of the draft Detailed Outline; if not approving the draft Detailed Outline, it must reply in writing and specify the reasons and solutions. If the main drafting agency is also the advisory agency, the advisory agency shall submit a draft Detailed Outline for approval by the Deputy Minister responsible. The format of the draft Detailed Outline is specified in Appendix 3b and the format of the approval of the Detailed Outline is specified in Appendix 3c of this Circular."

8. Supplement Article 16a after Article 16 as follows:

"Article 16a. Soliciting Opinions on Draft Regulatory Legal Documents

1. The advisory agency sends the Opinion Solicitation File for Draft Regulatory Legal Documents through two methods: via the Ministry of Transport’s Electronic Information Portal and in writing.

2. The Opinion Solicitation File includes the following documents:

a) Draft Regulatory Legal Document (updated regularly on the Ministry of Transport’s Electronic Information Portal when there is a new draft document);

b) Draft Presentation Document for the Draft Regulatory Legal Document or a summary of the main contents of the draft document. For amended and supplemented documents, clearly specify the amendments and supplements and the grounds and reasons for such amendments and supplements;

c) Matters requiring opinions;

d) Summary of adopted opinions and explanations of contributions (after the Deputy Minister convenes a meeting and reaches a consensus on matters with differing opinions)."

9. Amend Article 21 as follows:

a) Replace the phrase "Ministry Leadership (Minister and Deputy Ministers)" with the phrase "Deputy Ministers" in Clause 1.

b) Amending Clause 3 as follows:

"3. During the process of adopting, revising, and finalizing the draft Regulatory Legal Document before submitting it to the Minister for signature, the Deputy Minister responsible shall organize at least one meeting with relevant agencies, organizations, and individuals to unify the content of the draft document before submitting it to the Minister for consideration and decision."

10. Replace the phrase "Ministry Leadership" with the phrase "Deputy Ministers" in Clause 2 of Article 21; Points g and m of Clause 1, Points g and h of Clause 2 of Article 22; Point g of Clause 2 of Article 23.

11. Amend and supplement Article 25 as follows:

a) Amending Clause 2 as follows:

"2. Within the latest 2 working days from the date the Minister signs the issuance of the Regulatory Legal Document or the Memorandum to the Government, Prime Minister, the Ministry Office is responsible for printing, numbering, stamping, retaining one original copy, sending one original copy to the Government, Prime Minister (if the Ministry submits to the Government, Prime Minister), delivering the document to the agencies, organizations, and individuals listed in the "Distribution List", returning the submission file to the advisory agency that submitted the draft document. For Circulars signed by the Minister, the distribution list must include the Legal Document Inspection Bureau (Ministry of Justice), Official Gazette, Government Portal, Ministry of Transport’s Electronic Information Portal, Transport Newspaper, Transport Magazine."

b) Amending Clause 3 as follows:

"3. Within the latest 2 working days from the date the Minister signs the issuance of the Circular, the advisory agency is responsible for providing the content file of the document to the Ministry Office and the Legal Department through the Ministry’s electronic mail system for the Ministry Office to send the document along with the content file to the Government Office for publication in the Official Gazette and Government Portal; the Legal Department to publish the document on the Ministry’s Electronic Information Portal."

c) Add Clause 4a following Clause 4 as follows:

"4a. In Regulatory Legal Documents, the effective date of the document must be clearly stated but must ensure that it is not earlier than 45 days from the date of issuance."

12. Supplement Chapter Va after Chapter V as follows:

“Chapter V

IMPLEMENTATION AND SUPERVISION OF ENFORCEMENT

CONSOLIDATED LEGAL DOCUMENT

Article 30a. Responsibility for Implementation and Supervision of Legal Normative Documents

1. The agency drafting legal normative documents shall be responsible for organizing the implementation and supervising the enforcement situation of such documents immediately after they are signed and promulgated by the competent authority.

2. In cases where the drafting agency is a Bureau: The Bureau shall be responsible for taking the lead, coordinating with the advisory agency submitting the draft, relevant agencies and organizations to develop and submit to the Ministry's leadership for signing and promulgation a Plan for Implementation and Supervision of Legal Normative Documents.

3. In cases where the drafting agency is a Department: The Department shall be responsible for taking the lead, coordinating with the Bureau, relevant agencies and organizations to develop and submit to the Ministry's leadership for signing and promulgation a Plan for Implementation and Supervision of Legal Normative Documents.

4. The Plan for Implementation and Supervision of Legal Normative Documents shall follow the model prescribed in Appendix 6 of this Circular and shall be sent to relevant agencies and organizations, and simultaneously sent to the Department of Legal Affairs and the Ministry's Office for monitoring and urging.

5. The budget for implementing and supervising the enforcement of legal normative documents shall be allocated and utilized according to current regulations.

Article 30b. Plan for Implementation and Supervision of Legal Normative Documents

The Implementation Plan and Monitoring Plan for normative legal documents include the following contents:

1. A plan for drafting and promulgating legal normative documents to guide the enforcement of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister (if the legal normative document is a law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly, decree of the Government, decision of the Prime Minister).

2. A training, professional development, publicity, and dissemination plan for legal normative documents for related entities.

3. A plan for inspecting the enforcement situation of legal normative documents.

4. A plan for monitoring the enforcement situation of legal normative documents.

Article 30c. Report on the Implementation and Supervision of Legal Normative Documents

Based on the Plan for Implementation and Supervision of Legal Normative Documents and the actual implementation situation, the drafting agency shall implement the reporting system to the Ministry of Transport as follows:

1. Reporting on the implementation and supervision of legal normative documents monthly, quarterly, and annually.

2. For legal normative documents that are laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister, the report content includes:

a) The number, form, and name of legal normative documents needed to be promulgated to guide laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister;

b) The number, form, and name of legal normative documents guiding laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister that have been drafted and promulgated on schedule;

c) The number, form, and name of legal normative documents guiding laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister that have not been drafted, promulgated, or promulgated late; reasons why the documents have not been drafted, promulgated, or promulgated late;

d) The situation of organizing the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister within the responsibility of the Ministry of Transport: organizing task assignments, propaganda, dissemination, inspection, urging the implementation, and other related tasks;

đ) Proposals and recommendations; advantages and difficulties; inconsistencies in legal provisions regarding content and procedures; awareness and compliance with the law of enforcement subjects; organization of law enforcement.

3. For legal normative documents that are circulars of the Minister of Transport, joint circulars, or circulars issued by other ministries but related to the transport sector, the report content includes:

a) The situation of organizing the implementation of circulars within the responsibility of the Ministry of Transport: organizing task assignments, propaganda, dissemination, inspection, urging the implementation, and other related tasks;

b) Proposals and recommendations; advantages and difficulties; inconsistencies in legal provisions regarding content and procedures; awareness and compliance with the law of enforcement subjects; organization of law enforcement.

4. Before the 23rd day of each month, the drafting agency shall be responsible for reporting to the Ministry (through the Department of Legal Affairs) on the implementation and supervision of legal normative documents according to the contents stipulated in Clauses 1, 2, and 3 of this Article. The report format is prescribed in Appendix 7 of this Circular."

13. Replacing Appendices 1, 2, 3, 4, and 10b of Circular No. 32/2010/TT-BGTVT dated October 11, 2010 with Appendices 1, 2, 3, 4, and 5 respectively accompanying this Circular as follows:

a) Appendix 1 - Layout Diagram of Document Components;

b) Appendix 2 - Sample Font and Details of Document Format;

c) Appendix 3 - Sample Circular (Direct Provisions);

d) Appendix 4 - Sample Joint Circular;

đ) Appendix 5 - Sample Opinion Request Form for Deputy Ministers.

13. Supplementing Appendices 3a, 3b, 3c, 6, and 7 as follows:

a) Appendix 3a - Sample Circular (Issuing Accompanying Documents);

b) Appendix 3b - Sample Document for Detailed Draft Proposal Submission;

c) Appendix 3c - Sample Document for Detailed Draft Proposal Approval;

d) Appendix 6 - Sample Plan for Implementation and Supervision of Legal Normative Documents;

đ) Appendix 7 - Sample Report on the Implementation and Supervision of Legal Normative Documents.

Article 2. Implementation

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of General Bureaus, the Heads of Agencies and Organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Head of the Department of Legal Affairs shall be responsible for urging and inspecting the implementation of this Circular.

Article 3. Effectiveness

This Circular takes effect from August 15, 2012./.