Circular No. 21/2016/TT-BGTVT stipulates on drafting, promulgating, consolidating legal normative documents, administrative procedure control, inspection, handling of documents, reviewing, systematizing legal normative documents, and monitoring the implementation of laws in the field of transport.

CIRCULAR

Provisions on drafting, promulgating, consolidating normative legal documentscontrolling administrative procedures, inspecting, handling normative legal documents, reviewing, systematizing normative legal documents and monitoring the enforcementof laws in the field of transport

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Pursuant to the Law on Enacting Normative Legal Documents dated June 22, 2015;

Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing and providing implementation measures for the Law on Enacting Normative Legal Documents;

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control;

Pursuant to Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the enforcement of laws;

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;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, handling complaints and suggestions from individuals and organizations regarding administrative regulations;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department;

The Minister of Transport issues this Circular to provide provisions on drafting, promulgating, consolidating normative legal documents, controlling administrative procedures, inspecting and handling normative legal documents, reviewing, systematizing normative legal documents and monitoring the enforcement of laws in the field of transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Proposing the drafting of normative legal documents, establishing the Program for drafting normative legal documents on transport (hereinafter referred to collectively as normative legal documents).

2. Drafting, examining, promulgating normative legal documents.

3. Consolidating normative legal documents.

4. Controlling administrative procedures.

5. Inspecting and handling normative legal documents.

6. Reviewing and systematizing normative legal documents.

7. Monitoring the enforcement of laws.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in drafting, promulgating, consolidating normative legal documents, controlling administrative procedures, inspecting and handling normative legal documents, reviewing and systematizing normative legal documents, and monitoring the enforcement of laws in the field of transport.

Article 3. Regulatory Legal Documents

1. A normative legal document is a document containing legal norms, issued within the scope of authority, form, procedure, and process prescribed by law.

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

a) Codes, laws (hereinafter collectively referred to as laws), ordinances, resolutions drafted by the Ministry of Transport and submitted to the Government for the Government to submit to the National Assembly, the Standing Committee of the National Assembly;

b) Decrees, decisions, joint resolutions drafted by the Ministry of Transport and submitted to the Government, the Prime Minister for issuance, except decisions of the Prime Minister approving strategies, programs, projects, plans; assigning economic and social targets to agencies and units; establishing universities; setting up steering committees, councils, commissions to perform tasks for a specified period; rewarding, disciplining, transferring staff; appointing, dismissing, removing from office, accepting resignation, temporarily suspending work of civil servants, and other matters not covered by Article 20 of the Law on Enacting Normative Legal Documents;

c) Circulars issued by the Minister of the Ministry of Transport;

d) Joint circulars between the Minister of Transport and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuratorate.

3. Circulars of the Minister are issued to specify:

a) Details of articles, clauses, points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the State President, decrees of the Government, decisions of the Prime Minister;

b) Procedures, technical standards, economic-technical norms of the transport sector;

c) Measures to implement state management functions in the transport sector.

4. Circulars of the Minister of Transport issuing national technical regulations in the field of transport, in addition to implementing the provisions of this Circular, must also comply with the provisions of the Law on Technical Standards and Regulations and guiding documents for implementation.

Article 4. Funding for legislative drafting work and perfecting the legal system

1. Funding for legislative drafting work and perfecting the legal system shall be guaranteed from the state budget in accordance with the provisions of the State Budget Law and detailed regulations and guidance on its implementation.

2. The allocation of funding for legislative drafting work and perfecting the legal system at agencies and units must be based on their assigned functions and tasks, approved legislative drafting programs and plans, and the progress of implementing tasks.

3. The use of funding guaranteed for legislative drafting work and perfecting the legal system must comply with the purpose, content, financial expenditure regimes, and cost standards prescribed by law.

4. The leading agency responsible for legislative drafting work and perfecting the legal system may utilize supplementary funds from projects, organizations, and individuals both domestically and internationally, in accordance with the provisions of the law, to supplement the funding for implementation.

5. The Financial Department shall take the lead and coordinate with the Legal Department and relevant agencies to advise the Ministry's leadership on the establishment and allocation of budgets for funding legislative drafting, consolidation, review, systematization of legal normative documents, legal support for businesses, administrative procedure control, monitoring of law enforcement, and other related tasks in accordance with the State Budget Law and current financial regulations.

6. Based on assigned tasks, the Departments and General Departments shall be responsible for timely and adequately allocating funding for drafting, promulgating, consolidating, reviewing, systematizing, providing legal support for businesses, codification, administrative procedure control, monitoring of law enforcement, and other related tasks.

Chapter II

LEGISLATIVE DRAFTING

Section 1

PROPOSAL FOR LEGISLATIVE DRAFTING

Article 5. Circumstances requiring the establishment of proposals for legislative drafting

1. Laws, ordinances.

2. Resolutions of the National Assembly stipulating:

a) Implementation of pilot policies under the National Assembly’s authority but not yet regulated by laws or differing from existing laws;

b) Suspension or extension of the application period of all or part of laws and National Assembly resolutions to meet urgent requirements for socio-economic development and human rights protection.

3. Resolutions of the Standing Committee of the National Assembly stipulating suspension or extension of the application period of all or part of ordinances and Standing Committee resolutions to meet urgent requirements for socio-economic development.

4. Decrees of the Government in the following cases:

a) Amendments, supplements, issuance, replacement, or abolition of decrees;

b) Decrees prescribing necessary issues within the authority of the National Assembly or the Standing Committee but lacking conditions to formulate into laws or ordinances to meet state management needs, economic management, social management;

c) Decrees prescribing specific measures to implement the Constitution, laws, National Assembly resolutions, ordinances, Standing Committee resolutions, presidential decrees, and decisions; measures to implement economic and social policies, national defense, security, finance, monetary policy, budget, taxation, ethnic affairs, religious affairs, culture, education, health, science, technology, environment, foreign relations, civil service systems, cadres, public servants, citizens' rights and obligations, and other issues within the Government's management and operational authority; matters related to the duties and powers of two ministries or equivalent agencies or more; duties, powers, organizational structures of ministries, equivalent agencies, and other agencies under the Government's authority.

Article 6. Documents for proposing to establish regulatory legal documents

1. The proposal to establish regulatory legal documents, which must clearly state: the necessity of issuance; purpose, viewpoint on establishment; subject, scope of regulation; objectives, contents of policy, selected solutions to implement the policy and reasons for selection; anticipated resources, conditions to ensure implementation of regulatory legal documents; expected time to submit draft regulatory legal documents for consideration and approval by the National Assembly, Standing Committee of the National Assembly, Government.

2. Report on impact assessment of the policy.

3. Report on summary of enforcement of laws or evaluation of current social relations related to the proposal to establish regulatory legal documents.

4. Summary, explanation, adoption of opinions from the Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Justice and opinions of other agencies and organizations; copy of comments.

5. Draft outline of regulatory legal documents.

6. Other documents (if any).

Article 7. Responsibilities of agencies and units in proposing to establish regulatory legal documents

1. Agencies and units proposing to establish regulatory legal documents shall be responsible for:

a) Summarizing the enforcement of relevant laws related to the proposal to establish regulatory legal documents; surveying and evaluating current social relations related to the proposal to establish regulatory legal documents; assessing existing regulatory legal documents related to the proposal to establish. For proposals to establish decrees, if necessary, requesting relevant agencies and organizations to summarize and evaluate the implementation of regulatory legal documents under their jurisdiction related to the proposal to establish regulatory legal documents;

b) Organizing scientific research on related issues to support the proposal to establish regulatory legal documents; researching information, materials, international treaties to which the Socialist Republic of Vietnam is a member related to the proposal to establish regulatory legal documents. If necessary, requiring relevant agencies and organizations to provide materials and information related to the proposal to establish regulatory legal documents;

c) Establishing the content of policies in the proposal to establish regulatory legal documents; preparing reports on impact assessment of policies;

d) Anticipating resources, conditions to ensure implementation of regulatory legal documents after being approved by competent authorities;

đ) Preparing documents for proposing to establish regulatory legal documents according to Articles 1, 2, 3, 5, and 6 of Article 6 of this Circular, submitting to the Legal Department for examination, consolidation, and reporting to the Minister for Decision to propose establishing regulatory legal documents;

e) Being responsible for completing documents in accordance with Article 6 of this Circular and defending the proposal to establish regulatory legal documents.

2. Agencies advising on proposals to establish regulatory legal documents shall be responsible for:

a) Taking the lead and coordinating with agencies and units proposing to establish regulatory legal documents to complete documents in accordance with Article 6 of this Circular;

b) Taking the lead and coordinating with the Information Technology Center to publish reports on summarizing, impact assessment reports of policies in the proposal to establish regulatory legal documents, reports on explaining and adopting comments on the electronic portal of the Ministry of Transport. Publication period is at least 30 days;

c) Soliciting opinions from the Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Justice and relevant agencies and organizations, subjects directly affected by policies and solutions to implement policies in the proposal to establish regulatory legal documents; submitting documents for proposing to establish regulatory legal documents to the Vietnam Fatherland Front for proposals related to citizens, and the Vietnam Chamber of Commerce and Industry for proposals related to rights and obligations of enterprises. If necessary, organizing meetings to solicit opinions on basic policies in the proposal to establish regulatory legal documents;

d) Submitting documents for proposing to establish regulatory legal documents to the Legal Department for review;

đ) Taking the lead and coordinating with agencies and units proposing to establish regulatory legal documents to adopt and explain the Legal Department's review opinions;

e) Advising the Ministry Leadership to send the proposal to establish regulatory legal documents to the Ministry of Justice for review and signing to submit to the Government for approval of the proposal to establish regulatory legal documents.

3. The Legal Affairs Department shall be responsible for:

a) Guiding agencies and units to complete documents for proposing to establish regulatory legal documents;

b) Advising the Minister to sign the Decision to propose establishing regulatory legal documents (clearly assigning the agency proposing, the agency advising on the proposal, Deputy Minister in charge, progress schedule);

c) Reviewing proposals to establish regulatory legal documents established by agencies and units within 20 days from the date of receiving complete documents for proposing to establish regulatory legal documents;

d) Updating tasks to establish regulatory legal documents into the Program to establish regulatory legal documents of the Ministry according to Section 2 of this Chapter after the Government approves the proposal to establish regulatory legal documents;

đ) Sending documents for proposing to establish laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, which have been revised according to the Government's resolution to the Ministry of Justice before December 31 each year.

Article 8. Agencies and organizations participating in the process of proposing to establish regulatory legal documents

Agencies and organizations proposing to establish regulatory legal documents may mobilize the participation of research institutes, universities, associations, unions, other related organizations, experts, and scientists in the following activities:

1. Summarizing and evaluating the implementation of laws; reviewing and assessing current regulatory legal documents.

2. Conducting social surveys and investigations; assessing the actual status of social relations related to policies proposed for establishing regulatory legal documents.

3. Collecting, researching, and comparing relevant materials, international treaties related to policies serving the establishment of proposals for regulatory legal documents.

4. Participating in activities to assess the impact of policies proposed for establishing regulatory legal documents.

Section 2

ESTABLISHING THE PROGRAM TO DEVELOP LEGAL DOCUMENTSLEGAL REGULATIONS

Article 9. Time for Establishing the Program to Develop Regulatory Legal Documents

1. Before June 10 each year, Departments, Management Boards of Public-Private Partnership Projects, the Ministry's Office, the Inspectorate (hereinafter referred to collectively as Departments); General Departments, Bureaus, Institutes, Schools, Information Technology Centers (hereinafter referred to collectively as General Departments and Bureaus); enterprises and other agencies and organizations under the Ministry shall base on their functions and tasks and practical requirements to register the development of regulatory legal documents for the next year and submit them to the Department of Law for consolidation.

2. Before December 1 each year, the Science and Technology Department shall send a list of Circulars promulgating National Technical Regulations to the Department of Law for consolidation and submission to the Minister for approval to issue the Program to Develop Regulatory Legal Documents of the Ministry of Transport (hereinafter referred to as the Program).

3. In cases where it is necessary to supplement regulatory legal documents into the Program to Develop Regulatory Legal Documents, Departments and General Departments shall propose plans for developing documents and submit them to the Department of Law. The Department of Law shall examine, consolidate, and advise the Minister to approve the supplementary plan. The procedures and formalities for registering supplementary programs shall be carried out in accordance with the initial registration procedures.

Article 10. Responsibilities of the Department of Law in Establishing the Program to Develop Regulatory Legal Documents

1. Taking the lead and coordinating with relevant agencies to review and not include in the Program those documents that do not have complete files as stipulated in Article 11 of this Circular or lack sufficient legal basis for issuance. Drafting the tentative Program; reporting to the Deputy Minister responsible for drafting regulatory legal documents through the tentative Program; seeking opinions from Deputy Ministers; submitting to the Minister for approval to issue the Program, including assigning tasks to the Deputy Minister responsible, the main drafting agency, the advisory agency, the coordinating agency, the time for submission, and the time for issuing the document.

2. Taking the lead and coordinating with the Information Technology Center to publish the Decision on Establishing the Program to Develop Regulatory Legal Documents of the Ministry on the Ministry’s electronic portal.

Article 11. Registration Files for Developing Regulatory Legal Documents

1. For registration to develop decrees of the Government detailing the implementation of laws, ordinances of the National Assembly, Standing Committee of the National Assembly; decisions of the Prime Minister; circulars of the Minister of Transport; circulars of relevant Ministers concerning the transport sector:

a) A proposal report for establishing regulatory legal documents, clearly stating the legal basis, necessity for issuance; purpose, viewpoint on development; scope of regulation, applicable subjects; objectives, main contents of the document; basic policies and measures for implementation; estimated resources and conditions for enforcement; expected time for submission to the Government, Prime Minister, Minister of Transport; time for submission to relevant Ministers for issuance according to their authority;

b) A report summarizing the implementation of laws or assessing the actual status of social relations related to the proposal for establishing regulatory legal documents;

c) Administrative procedures in cases where such procedures are prescribed by law;

d) An outline draft of the regulatory legal document;

đ) A draft of the main drafting agency, advisory agency, coordinating agency, Deputy Minister responsible, issuing agency, time for submission of detailed outlines, time for submission of draft documents (at each level);

e) Other documents (if any).

2. For documents required to establish proposals for regulatory legal documents as stipulated in Article 5 of this Circular, the Department of Law shall update the task of developing documents into the Ministry's Program after receiving the Government Resolution approving the proposal for establishing regulatory legal documents.

Article 12. Adjustment of the Program

1. Cases for adjusting the Program:

a) Legal normative documents are added to the Program due to urgent management requirements or must be amended or supplemented according to newly issued documents to ensure the consistency of the legal system or to implement international treaties;

b) Legal normative documents have their submission time adjusted or removed from the Program because they are no longer necessary to issue or due to changes in economic and social conditions;

c) Legal normative documents have changes in format or name compared to the tasks assigned in the Decision on issuing the Program.

2. Procedures for adjusting the Program:

a) The advisory agency submits a request for adjustment of the Program to the main agency, which collaborates with the drafting agency to submit it to the Deputy Minister responsible. The proposal clearly states the reasons, direction, content of the adjustment, and proposed handling measures;

b) After obtaining the agreement of the Deputy Minister responsible, the advisory agency submits the request for the opinion of the Minister;

c) When the Minister agrees, the advisory agency forwards the document to the Legal Department for consolidation and monitoring of implementation.

3. Time for adjusting the Program:

a) For draft decrees, decisions of the Government, Prime Minister: Submit to the Deputy Minister responsible no later than 60 days before the 20th day of the month when the document must be submitted according to the Decision on issuing the Program of legislative document construction of the Ministry;

b) For draft circulars: Submit to the Deputy Minister responsible no later than 30 days before the 20th day of the month when the document must be submitted according to the Decision on issuing the Program of legislative document construction of the Ministry.

Section 3

EVALUATION OF THE IMPACT OF POLICIES INPROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS

Article 13. Building policy content in the proposal for legislative document construction

The construction of policy content is carried out as follows:

1. Identifying issues that need to be resolved and the causes of these issues.

2. Determining overall goals and specific goals to be achieved in resolving the issues.

3. Determining directions and solutions to address each issue.

4. Identifying the direct subjects affected by the policy and the groups responsible for implementing the policy.

5. Determining the authority to issue the policy to resolve the issue.

Article 14. Evaluation of the impact of policies

1. Agencies and organizations proposing the construction of legislative normative documents are responsible for evaluating the impact of policies.

2. Basic impacts of policies must be evaluated including:

a) Economic impact of the policy;

b) Social impact of the policy;

c) Gender impact of the policy (if applicable);

d) Administrative procedure impact (if applicable);

e) Impact on the legal system.

Article 15. Methods for evaluating the impact of policies

The impact of policies is evaluated using quantitative methods and qualitative methods. In cases where quantitative methods cannot be applied, the report on the evaluation of policy impact must clearly state the reasons.

Article 16. Use of information when building the report on the evaluation of policy impact

When building the report on the evaluation of policy impact, the information used must be accurate, truthful, and the source of the information must be clearly stated.

Article 17. Responsibility for preparing policy impact assessment reports

The agency or organization proposing to draft normative legal documents shall be responsible for:

1. Preparing the policy impact assessment report in accordance with Appendix IV issued together with this Circular.

2. Soliciting comments and feedback on the draft report; incorporating and revising the draft policy impact assessment report.

Section 4

||| DRAFTING LEGAL INSTRUMENTS

Article 18. Basis for issuing normative legal documents

1. The basis for issuing normative legal documents is a higher-ranking normative legal document that is currently in effect or has been promulgated or signed but not yet effective but must take effect before or at the same time as the document being issued. The basis for issuing a document includes normative legal documents stipulating the authority and functions of the issuing agency and higher-ranking normative legal documents stipulating the content and grounds for issuing the document.

2. If a higher-ranking normative legal document contains provisions delegating detailed regulations, then in the detailed regulation document, the specific provisions of those articles and clauses must be stated in the basis section of the document.

In cases where a detailed regulation document covers multiple articles and clauses or both details the delegated articles and clauses and specifies other contents, it is not necessarily required to specifically state the delegated detailed regulation articles and clauses in the basis section of the document.

3. The basis for issuing a document is presented in regular font, italic style, size 14, below the name of the document; each basis must start on a new line, ending with a semicolon (;), and the last line ends with a period (.).

Article 19. Format and presentation techniques for normative legal documents

1. The format and presentation techniques for documents are implemented according to the provisions in Appendices I and II issued together with this Circular and use the Unicode set of Vietnamese characters.

2. Normative legal documents issued by the Government, Prime Minister, and Minister of Transport shall follow Models 1, 2, 3, 4, 5, 6, 7, and 8 specified in Appendix III issued together with this Circular.

3. Techniques for citing related documents must be carried out as follows:

a) When citing related documents, the full name of the document type, number, and code of the document; date of passage or signing of the document; name of the issuing agency or person with authority to issue the document and the name of the document must be recorded.

b) In cases where parts, chapters, sections, or sub-sections of a normative legal document are cited, the specific parts, chapters, sections, or sub-sections of the document must be identified.

c) When citing to articles, clauses, or points, it is not necessary to specify the structural unit containing the article, clause, or point.

d) When citing parts, chapters, sections, sub-sections, articles, clauses, or points of a document, they must be cited in ascending order from smaller to larger units and the name of the document; if citing from one clause or point to another within the same article or from one section or article to another within the same chapter of the same document, it is not necessary to specify the name of the document but must cite specifically.

4. The format and presentation techniques for normative legal documents are implemented according to the provisions in 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 Issuing Normative Legal Documents.

Article 20. Leading Drafting Agency

The leading drafting agency for regulatory legal documents (hereinafter referred to as the leading drafting agency) includes:

1. Departments directly drafting regulatory legal documents related to their own functions and tasks according to the assignment of the Minister.

2. Bureaus directly drafting regulatory legal documents with special characteristics or assigned directly by the Ministry's leadership.

Article 21. Advisory Agencies for Submission

1. Draft legal regulatory documents must be reviewed by the designated advisory agencies before submission to the Minister.

2. Advisory agencies for submitting draft regulatory legal documents to the Minister include the Bureaus, Department of Construction Management and Quality of Transport Works, and the Department of Transport Health (hereinafter collectively referred to as advisory agencies for submission), which are assigned according to the following provisions:

a) Legal Affairs Bureau: draft laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly on transport; decrees of the Government, decisions of the Prime Minister, circulars assigned by the Ministry's leadership;

b) Planning-Investment Bureau: regulatory legal documents on strategy, planning for industry development, planning and investment work, statistics, import and export in the field of transport;

c) Cadre and Civil Servant Organization Bureau: regulatory legal documents on functions, tasks, authorities, and organizational structure of the Ministry and subordinate organizations; training and cadre improvement, human resources; labor, salary, and policies for workers; competition, rewards work in the transport industry;

d) Transport Bureau: regulatory legal documents on transport, supporting transport services, cooperatives, security in the transport sector; economic-technical norms on transport, supporting transport services;

đ) Science and Technology Bureau: regulatory legal documents on scientific activities, technology, measurement standards, intellectual property, technical management, product quality, industrial goods in the transport sector; economic-technical norms;

e) Finance Bureau: regulatory legal documents on finance, management and use of state assets in the transport industry;

g) International Cooperation Bureau: regulatory legal documents in the field of international cooperation on transport;

h) Infrastructure Bureau: regulatory legal documents on infrastructure management; economic-technical norms on infrastructure;

i) Environment Bureau: regulatory legal documents on environmental protection, resource conservation, climate change, energy saving and efficiency, meteorology and hydrology in the transport sector;

k) Traffic Safety Bureau: regulatory legal documents on traffic safety; flood and storm prevention; search and rescue;

l) Ministry Inspectorate: regulatory legal documents on inspection, complaints, denunciations, anti-corruption in the transport sector;

m) Ministry Office: regulatory legal documents on archival work;

n) Enterprise Management Bureau: regulatory legal documents on enterprises related to the transport sector;

o) Public-Private Partnership Project Management Board: regulatory legal documents on attracting investment and public-private partnership investment;

Department of Construction Management and Quality of Transport Works: regulatory legal documents on construction management and transport project quality; labor safety during transport project construction; economic-technical norms related to setting unit prices and budgets for transport construction projects;

Department of Transport Health: regulatory legal documents on preventive health care; primary health care network; occupational disease prevention; workplace hygiene and health standards for transportation vehicle operators, workers in specialized fields of the transport industry;

3. In addition to the provisions of Clause 2 of this Article, advisory agencies have the responsibility to advise the Minister on draft regulatory legal documents stipulating responsibilities and violations' handling for agencies, organizations, and individuals related to transport activities according to the assigned fields and other regulatory legal documents assigned by the Minister.

Article 22. Establishment of Drafting Board, Editorial Team, Drafting Team

1. The advisory agency shall submit to the main agency for coordination with the main drafting agency and the Legal Affairs Department to present to the Minister for signing the Decision on establishing the Drafting Board and the Editorial Team for draft laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly (except in cases provided for in Clause 1 of Article 52 of the Law on Enacting Normative Legal Documents) and decrees of the Government (if necessary).

2. In case of necessity, the advisory agency shall submit to the main agency for coordination with the main drafting agency and the Legal Affairs Department to present to the Deputy Minister in charge for signing the Decision on establishing the Drafting Team for decisions of the Prime Minister and circulars of the Minister.

3. The composition, principles of operation, and responsibilities of the Drafting Board, Editorial Team, and Drafting Team shall be implemented according to the provisions of Articles 52, 53, and 54 of the Law on Enacting Normative Legal Documents and Articles 26 and 27 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing and providing implementation measures for the Law on Enacting Normative Legal Documents.

Article 23. Tasks of Drafting Normative Legal Documents

1. The main drafting agency of normative legal documents shall perform the following tasks:

a) Organizing the development of the outline and draft of the normative legal document according to the purpose, requirements, scope of regulation, and policies established in the proposal file for enacting normative legal documents;

b) Preparing the draft, report, and related documents for the project and draft;

c) Organizing the solicitation of opinions from entities directly regulated by the document, agencies, organizations, individuals within the sector, and relevant specialized associations in the field of transportation through written submissions, emails, or other appropriate forms, and publishing the project and draft on the electronic portal of the main drafting agency or organization;

d) Reporting and explaining new policies that need to be added to the project and draft for consideration and decision by competent agencies and organizations;

đ) Taking the lead and coordinating with relevant agencies and organizations to prepare drafts of detailed regulations and guidance documents (if applicable);

e) Reporting on the progress of drafting;

g) Submitting the draft document to the Ministry (except when the main drafting agency is also the advisory agency).

2. Approval of Detailed Outline

a) In cases where the agency submitting the detailed outline is a General Administration or Bureau: The advisory agency shall review and study, and submit to the Deputy Minister in charge for signing the approval document within 15 working days from the date of receipt of the detailed outline draft. If not approved, a written response must be given with clear reasons and solutions;

b) In cases where the main drafting agency is also the advisory agency: the advisory agency shall draft the detailed outline and submit it to the Deputy Minister in charge for signing the approval document according to the time stipulated in the program;

c) The format of the document for submitting the detailed outline draft is specified in Model No. 09 of Appendix III, and the format of the approval document for the detailed outline is specified in Model No. 10 of Appendix III issued together with this Circular.

Article 24. Impact Assessment of policy during draft regulatory legal document

1. During the drafting, examination, verification, consideration, and provision of opinions on draft laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly, and decrees of the Government, if new policies are proposed compared to those already approved in the proposal for enacting normative legal documents, the agency or unit proposing the new policy must develop an impact assessment report on the new policies. Within 10 days from the date of proposing the new policy, the agency or unit proposing the new policy is responsible for developing an impact assessment report on the new policy.

2. When drafting decisions of the Prime Minister and circulars of the Minister specifying measures to implement state management functions in the field of transportation, the main drafting agency must develop an impact assessment report on new policies (if any) before drafting the document.

3. In cases where new policies arise during the drafting of decrees detailing articles, clauses, points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and orders of the President, an impact assessment of the policy must be conducted before drafting the document.

4. The impact assessment report on new policies shall be carried out according to the provisions of Articles 13, 14, 15, 16, and 17 of this Circular.

Article 25. Documents to be submitted by the leading agency drafting the draft regulatory legal document to the Ministry

1. For draft regulatory legal documents submitted to the Government, Prime Minister, the documents submitted to the Ministry include:

a) A proposal stating clearly the necessity for issuance, guiding viewpoints, objectives, requirements, drafting process, scope of regulation, applicable subjects, main contents of the document, issues with differing opinions, and issues requiring solicitation of opinions;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) Draft detailed regulations and implementation guidelines (if applicable);

d) An administrative procedure evaluation report if the document contains provisions on administrative procedures (as stipulated in Appendices V and VI attached hereto); a report on gender mainstreaming if the document includes provisions related to gender equality issues;

đ) A summary of adopted comments and explanations of the opinions from agencies, organizations, individuals, and directly affected entities, along with copies of the comments;

e) A comparison table for amended and supplemented documents;

g) The legal review document of the legal affairs organization (for leading agencies drafting being General Departments and Bureaus) and explanations from the drafting unit regarding the reviewed content;

h) Other documents (if any).

2. For draft circulars, the documents to be submitted to the Ministry include:

a) A proposal stating clearly the necessity for issuance, scope of regulation, applicable subjects, drafting process, main contents of the document, issues with differing opinions, and issues requiring solicitation of opinions;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) An impact assessment report; an administrative procedure evaluation report when the law assigns regulations on administrative procedures; a report on gender mainstreaming (if applicable);

d) A summary of comments from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation of adopted comments and copies of the comments);

đ) A comparison table for amended and supplemented documents;

e) A summary of the implementation of laws or an assessment of the current social relations related to the main content of the draft for cases where a circular is being established to replace an existing one;

g) The legal review document of the legal affairs organization (for leading agencies drafting being General Departments and Bureaus) and explanations from the drafting unit regarding the reviewed content;

h) Other documents (if any).

3. The documents specified in Clause 1 and Clause 2 of this Article shall be simultaneously sent to the Legal Department for updating and monitoring.

Article 26. Receiving and Processing Draft Regulatory Legal Documents Submitted by Leading Drafting Agencies to the Ministry

1. The Ministry's leadership assigns tasks to the advisory agency responsible for submitting the draft regulatory legal document according to Article 21 of this Circular.

2. Receiving and processing draft regulatory legal documents:

a) In cases where the drafting agency is a General Department or Bureau submitting a draft document to the Ministry, the advisory agency reviews and studies the draft document; if the draft is not approved, within five working days, it must send a document back to the leading drafting agency specifying the reasons, specific requirements, and solutions;

b) In cases where the leading drafting agency is also the advisory agency, after implementing the provisions of Article 23 of this Circular, the advisory agency will study, adopt comments, revise the draft document, and continue to implement the provisions of Clauses 3, 4, 5, and 6 of this Article before submitting to the Minister;

3. For draft regulatory legal documents submitted to the Government, Prime Minister, the advisory agency shall proceed as follows:

a) Within three working days from the date of receipt of the draft, send a document to relevant advisory agencies under the Ministry to solicit opinions;

b) Summarize and adopt opinions from relevant advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister in charge to request opinions from relevant Ministries, sectors, Central Committee of the Vietnam Fatherland Front, provincial People's Committees, Vietnam Chamber of Commerce and Industry, and specialized associations in the transportation sector (for drafts related to the rights and obligations of businesses and citizens);

The document soliciting opinions must be accompanied by: The draft proposal to the Government, Prime Minister according to Model 13 in Appendix III attached hereto; the draft regulatory legal document; an impact assessment report; an administrative procedure evaluation report (if the document contains provisions on administrative procedures); a report on gender mainstreaming (if applicable); a comparison table between the draft amended and supplemented document and the current document, grounds, and reasons for amendment and supplementation;

c) Send to the Information Technology Center to publish the draft document on the Ministry’s website at least 60 days before signing the document;

d) Summarize and explain the received comments; adopt and revise the draft document, and resend the summary and explanation of the comments to the agencies and organizations that provided comments via email or publish them on the Ministry’s website, while supplementing the submission documents;

đ) Compile the documents and submit them to the Legal Department for review;

e) Adopt and explain the Legal Department's review comments;

g) Compile the documents and submit them to the Ministry of Justice for review.

4. For draft circulars, the advisory agency shall proceed as follows:

a) Within three working days from the date of receipt of the draft, send a document to relevant advisory agencies under the Ministry to solicit opinions;

b) Summarize and adopt opinions from relevant advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister in charge to request opinions from relevant agencies, organizations, and individuals outside the transportation sector (if necessary), Vietnam Chamber of Commerce and Industry, and specialized associations in the transportation sector (for drafts related to the rights and obligations of businesses and citizens);

The document soliciting opinions must be accompanied by: The draft regulatory legal document; the draft proposal. For amended and supplemented documents, a comparison table between the draft amended and supplemented document and the current document, along with the grounds and reasons for amendment and supplementation must also be included;

c) Send to the Information Technology Center to publish on the Ministry’s website at least 60 days before signing the document;

d) Summarize the received comments, adopt and revise the draft document; resend the summary and explanation of the comments to the agencies and organizations that provided comments via email or publish them on the Ministry’s website; submit to the Legal Department for review;

5. The maximum time limit for Ministries, sectors, provincial People's Committees, Vietnam Chamber of Commerce and Industry to provide written comments is twenty working days from the date of receipt of the draft law, ordinance, decree. If the agencies asked do not provide comments, it is considered as agreement with the draft document. Specifically, agencies and organizations under the Ministry of Transport must respond in writing within seven working days from the date of receiving the request for comments.

6. Forms of soliciting opinions on draft legal documents

a) By document;

b) Through the Ministry's electronic portal.

Within the latest one working day from the date of receiving the draft regulatory legal document sent by the advisory agency, the Information Technology Center shall be responsible for posting it on the Ministry of Transport’s electronic portal and designing a link to enable the advisory agency to receive and respond to comments and suggestions from agencies, organizations, and individuals.

c) Other appropriate forms.

Article 27. Proposals and compilation of lists of detailed regulatory documents

1. The agency primarily drafting the regulatory legal document containing content assigned to provide detailed regulations shall be responsible for:

a) Proposing detailed regulatory documents for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, and decisions of the Prime Minister. The proposal of the list of detailed regulatory documents must clearly state the name of the document to be detailed, the articles, clauses, and points assigned to provide detailed regulations; the proposed name of the detailed regulatory document, the primary drafting agency, the advisory agency submitting for approval, the deadline for submitting the outline, the deadline for submitting the draft, and the deadline for promulgation;

b) Compiling the contents of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; decrees of the Government, and decisions of the Prime Minister assigned to localities for detailed regulations;

c) Within ten days from the date of the passage of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; within five days from the date of signing and promulgating decrees of the President, decrees of the Government, and decisions of the Prime Minister, the primary drafting agency shall be responsible for sending the list of detailed regulatory documents stipulated in points a and b of Clause 1 of this Article to the Legal Department.

2. The Legal Department shall be responsible for:

Taking the lead and coordinating with advisory agencies and units to submit the list of detailed regulatory documents stipulated in points a and b of Clause 1 of this Article to the Ministry of Justice.

Section 5

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 28. Responsibilities of agencies and organizations in reviewing legal regulatory documents

1. For legal regulatory documents stipulated in points b, c, and d of Clause 2 of Article 3 of this Circular, which are submitted to the Minister by advisory agencies, they must be reviewed by the Legal Department before being sent to the Ministry of Justice for review or before being submitted to the Minister for consideration and issuance; if necessary, the Legal Department will organize meetings or establish a Review Board including departments, bureaus, experts, and scientists related to the matter and perform the following tasks:

a) Conducting reviews within the prescribed time frame and ensuring quality;

b) Advising on the establishment of a Consultative Review Board (if necessary);

c) Returning the review file in cases where the file is incomplete.

2. Responsibilities of the primary drafting agency and the advisory agency submitting for approval:

a) Sending complete review files to the Legal Department;

b) Providing relevant information and materials concerning the draft; presenting the draft when requested;

c) Studying and incorporating suggestions and revising the draft based on the Legal Department's review opinions;

d) Explaining the review opinions and reporting to the Ministry Leadership for consideration and decision.

3. For legal regulatory documents directly drafted or advised for submission to the Minister by the Legal Department, the Legal Department will organize meetings or establish a Review Board if deemed necessary.

4. The Legal Department is responsible for the content of the review stipulated in Clause 1 of Article 30 of this Circular.

Article 29. Documents for Review

1. The documents submitted to the Legal Department for review regarding draft documents submitted to the Government, Prime Minister shall include:

a) A letter requesting the Legal Department to review;

b) The draft proposal to the Government or Prime Minister, clearly stating the necessity of issuance, scope of regulation, applicable subjects, drafting process, main content of the document, differing opinions on certain issues, reference materials;

c) The proposal from the leading agency in charge of drafting the legal normative document;

d) The draft legal normative document after being revised by the advisory agency;

đ) Impact assessment report; administrative procedure evaluation if the draft document includes administrative procedures; report on gender equality integration if the draft document involves gender equality issues;

e) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and copies of their participation documents;

g) Differing opinions between the leading agency in charge of drafting and the advisory agency submitting the draft document (if any);

h) Comparison table of the draft amendment and supplement document and the current document;

i) Reference materials (if any).

The number of documents sent to the Legal Department for reviewing the draft legal normative document is two sets.

2. Documents sent to the Ministry of Justice for review regarding draft documents submitted to the Government or Prime Minister include:

a) A letter requesting the Ministry of Justice to review;

b) The draft proposal to the Government or Prime Minister for issuing the document;

c) Draft document after incorporating comments;

d) Report summarizing, explaining, and adopting opinions from agencies, organizations, individuals, and directly affected entities; copies of opinions from Ministries, equivalent Ministries, and governmental agencies;

đ) Administrative procedure evaluation if the draft document includes administrative procedures; report on gender equality integration if the draft document involves gender equality issues;

e) Legal Department's review report;

g) Reference materials (if any).

3. Documents sent to the Legal Department for review regarding draft circulars include:

a) A letter requesting the Legal Department to review;

b) Proposal on the draft circular;

c) Draft circular after revision;

d) Impact assessment report; administrative procedure evaluation if the draft circular is assigned to define administrative procedures by law; report on gender equality integration (if any);

đ) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected entities; copies of opinions from participating agencies, organizations, and individuals;

e) Report on the implementation of laws or social relationship status related to the main content of the draft for replacing the circular;

g) Comparison table of the draft amendment and supplement document and the current document;

h) Differing opinions between the leading agency in charge of drafting and the advisory agency submitting the draft document or relevant agencies (if any);

i) Review document of the legal organization (in case the leading agency in charge of drafting the document is General Departments or Bureaus) and report on adopting, explaining the review opinions of the legal organization;

k) Reference materials (if any).

Article 30. Content and Time Limit for Review

1. The content of the review is carried out according to the provisions of Clause 3, Article 58, Clause 3, Article 92, Clause 3, Article 98, and Clause 3, Article 102 of the Law on Issuing Legal Normative Documents.

2. The maximum time limit for the Legal Department to review draft legal normative documents is seven working days from the date of receiving complete documents as stipulated in Article 29 of this Circular; in cases where a Review Board must be established, the above period may be extended but not exceeding ten working days, except for justified reasons and with the consent of the Ministry's leadership.

3. After completing the review, the Legal Department sends the review report to the advisory agency.

4. The advisory agency in charge, in coordination with the leading agency in charge of drafting, adopts and explains the Legal Department's review opinions, and completes the draft document.

Chapter III

ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Article 31. Soliciting Opinions from Deputy Ministers on Draft Regulatory Legal Instruments

1. For draft regulatory legal instruments submitted to the Government, the Prime Minister, or the agency responsible for submitting them, such agency shall send the revised draft regulatory legal instrument, after receiving the review opinion of the Ministry of Justice, to solicit opinions from Deputy Ministers according to the forms specified in Forms 11 and 12 in Appendix III issued together with this Circular, along with the dossier as stipulated in Points c, d, e, and k of Clause 1, Article 32 of this Circular.

2. For circulars, the agency responsible for submitting them shall send the revised draft circular, after receiving the review opinion of the Legal Department, to solicit opinions from the Deputy Minister in charge according to the forms specified in Forms 11 and 12 in Appendix III issued together with this Circular, along with the dossier as stipulated in Points b, c, d, and i of Clause 2, Article 32 and Points b, c, d, and h of Clause 2, Article 33 of this Circular. If the content of the circular relates to the fields of other Deputy Ministers, their opinions must also be solicited.

3. Deputy Ministers shall return their opinions to the agency responsible for submitting them within a maximum of three working days from the date of receipt of the Opinion Request Form, except in cases where they are absent due to official travel.

4. During the process of incorporating, revising, and finalizing the draft regulatory legal instrument, the Deputy Minister in charge shall organize at least one meeting with relevant agencies, organizations, and individuals to unify the content of the draft before submitting it to the Minister for signature and promulgation.

Article 32. Dossier for the Agency Responsible for Submitting Draft Regulatory Legal Instruments to the Minister, Drafted by the General Department or Bureau

1. For draft legal normative documents submitted to the Government, Prime Minister, the submission files shall include:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) Opinion request form for Deputy Ministers; report explaining and incorporating opinions of Deputy Ministers;

c) Differences in opinions between the main drafting agency and the agency responsible for submitting the draft or related agencies (if any);

d) Draft Memorandum to the Government, Prime Minister;

đ) Comparison table of the draft regulatory legal instrument for amendment and supplementation and the current legal instrument;

e) Revised draft regulatory legal instrument after receiving the review report of the Ministry of Justice;

g) Administrative procedure evaluation report if the draft regulatory legal instrument includes administrative procedures; report on integrating gender equality issues if the draft regulatory legal instrument includes provisions related to gender equality issues;

h) Summary, explanation, and incorporation of opinions from agencies, organizations, and individuals, and copies of opinions from ministries and equivalent ministries;

i) Report on the implementation of laws, assessment of social relations related to the main content of the project or draft regulatory legal instrument (for laws and ordinances); policy impact assessment report on the draft regulatory legal instrument;

k) Review report of the Ministry of Justice, Legal Department, and report explaining and incorporating review opinions;

2. For circulars, the dossier for submission includes:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) Memorandum to the Minister regarding the draft circular;

c) Revised draft regulatory legal instrument after receiving the review report of the Legal Department;

d) Review report; report explaining and incorporating review opinions of the Legal Department;

đ) Comparison table of the draft regulatory legal instrument for amendment and supplementation and the current legal instrument;

e) Summary, explanation, and incorporation of opinions from agencies, organizations, and individuals directly affected by the legal instrument and copies of opinions;

g) Impact assessment report; administrative procedure evaluation report when the law assigns regulations on administrative procedures; report on integrating gender equality issues (if applicable);

h) Opinion request form for the Deputy Minister in charge (or relevant Deputy Ministers), report explaining the incorporation of Deputy Ministers' opinions;

i) Other documents (if any).

Article 33. Documents submitted by advisory agencies concurrently serving as the main drafting agencies for regulatory legal documents to be submitted to the Minister

1. For draft regulatory legal documents to be submitted to the Government or the Prime Minister, the submission documents shall be implemented according to the provisions of Clause 1, Article 32 of this Circular.

2. For draft circulars, the submission documents include:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) A memorandum from the Minister regarding the draft circular;

c) Revised draft regulatory legal instrument after receiving the review report of the Legal Department;

d) Review report; report explaining and incorporating review opinions of the Legal Department;

đ) Comparison table of the draft regulatory legal instrument for amendment and supplementation and the current legal instrument;

e) Summary, explanation, and incorporation of opinions from agencies, organizations, and individuals directly affected by the legal instrument and copies of opinions;

g) Impact assessment report; administrative procedure evaluation report when the law assigns regulations on administrative procedures; report on integrating gender equality issues (if applicable);

h) Opinion request form for the Deputy Minister in charge (or relevant Deputy Ministers), report explaining the incorporation of Deputy Ministers' opinions;

i) Other documents (if any).

Article 34. Submitting Draft Regulatory Legal Documents to the Minister

1. Before the 20th day of the month, the advisory agency submitting the documents must send the draft document files to the Legal Department for final review before submitting to the Minister for signature and issuance or for submission to the Government or the Prime Minister.

2. The Legal Department shall be responsible for:

a) Provide written comments sent to the advisory agency submitting the documents and report to the Minister within three working days from the date of receipt of the draft document file;

b) When necessary, the Legal Department shall organize a meeting with relevant agencies and units to clarify the contents of the draft document. The review period in this case shall not exceed five working days from the date of receipt of the draft document file.

3. Within two working days from the date of receipt of the Legal Department's review comments, the advisory agency submitting the documents shall be responsible for incorporating the comments, explaining, amending the draft document, and resubmitting it to the Minister for signature; if the advisory agency does not incorporate the comments, it shall provide a written explanation and report to the Minister for consideration and decision.

Article 35. Handling Documents After Submission

1. For documents submitted to the Government or the Prime Minister, the advisory agency submitting the documents shall take the lead and coordinate with the Legal Department and the main drafting agency to supplement explanations or perform other related tasks regarding the submitted draft document until the document is signed and issued.

2. For circulars, the main drafting agency and the advisory agency submitting the documents shall be responsible for coordinating with the Legal Department to monitor, supplement explanations, or perform other related tasks regarding the submitted draft document until the document is signed and issued.

Article 36. Submitting to the Government or the Prime Minister for Signature and Issuance According to Authority and Distribution of Documents

1. The Minister or Deputy Minister in charge shall sign to issue regulatory legal documents and sign the Memorandum to the Government or the Prime Minister for draft regulatory legal documents according to the provisions of Article 39 of this Circular.

2. At the latest within two working days from the date the Minister signs to issue the regulatory legal document or signs the Memorandum to the Government or the Prime Minister, the Ministry’s Office shall be responsible for printing, numbering, stamping, retaining the original copy, sending one original copy to the Government or the Prime Minister (in cases where the Ministry submits to the Government or the Prime Minister), sending the document to the agencies, organizations, or individuals listed in the "Distribution" section, returning the submission documents to the advisory agency that submitted the draft document.

3. At the latest within two working days from the date the Minister signs to issue the circular, the advisory agency submitting the documents shall be responsible for providing the document to the Ministry’s Office and the Legal Department through the Ministry’s electronic mail system. The provided document shall be confirmed by the electronic signature of the advisory agency ensuring accuracy compared to the paper document signed and issued.

a) The Ministry’s Office shall send the document via official correspondence and email to the Government’s Office for publication in the Official Gazette and on the Government Portal website;

b) The Legal Department shall publish the document on the Ministry’s Portal website immediately upon receiving the document via email.

4. At the latest within three working days from the date the Minister signs to issue the circular, the circular must be sent to the National Assembly's Ethnic Council, relevant Committees of the National Assembly, the Department of Legal Document Review (Ministry of Justice), and the Legal Department.

Article 37. Procedure for issuing regulatory legal documents drafted by agencies under the Government and submitted to the Minister of Transport for issuance upon delegation by the Prime Minister

1. The dossier for drafting regulatory legal documents submitted by agencies under the Government to the Minister of Transport includes:

a) A letter requesting the Ministry of Transport to issue regulatory legal documents, specifying the necessity of issuance, scope of regulation, applicable subjects, drafting process, main contents, differing opinions, and issues requiring consultation.

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) The legal review document of the legal institution of the agency under the Government;

d) A consolidated summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation of the incorporation of feedback and copies of the feedback).

2. Upon receipt of the dossier drafted by agencies under the Government and submitted for approval, the Minister assigns the advisory agency to draft the document according to Article 21 of this Circular.

3. Within sixty working days from the date of receiving the dossier drafted by agencies under the Government and submitted to the Ministry, the advisory agency is responsible for researching, soliciting opinions from relevant agencies, sending the draft document to the Legal Department for verification and consolidation of opinions, revising the draft document, and submitting it to the Minister for signature and issuance. If conditions for issuance are not met, the advisory agency will submit a document to the Minister for responding to the agency under the Government.

Article 38. Drafting Circulars with Simple Content

1. Circulars shall be issued through simplified procedures in the following cases:

a) Immediate amendments are required to align with newly issued regulatory legal documents;

b) To promptly address traffic safety requirements;

c) The content of the Circular is not complex;

d) Other urgent situations.

2. The drafting and issuance of Circulars through simplified procedures shall be decided by the Minister and implemented as follows:

a) Detailed drafting and approval of outlines are not required;

b) The drafting period for the document by the lead drafting agency does not exceed twenty days, and the agency may not seek opinions from related organizations and individuals during this period;

c) The advisory agency receives and processes the draft document submitted by the lead drafting agency to the Minister within thirty days from the date of receipt. The advisory agency simultaneously collects written opinions from internal departments and related organizations and individuals;

d) The Legal Department's verification period for the document does not exceed three working days;

đ) The Deputy Minister's review period before submission to the Minister does not exceed three working days.

Article 39. Authority to Sign Issuance or Submit Draft Regulatory Legal Documents

1. The Minister signs regulatory legal documents specified in points c and d, Clause 2, Article 3 of this Circular; submits memoranda to the Government and the Prime Minister for draft regulatory legal documents specified in points a and b, Clause 2, Article 3 of this Circular.

2. In case the Minister is absent, the Minister delegates authority to the Deputy Minister in charge of the relevant field to sign the documents specified in Article 1 of this provision.

Article 40. Translation of Regulatory Legal Documents

1. The translation of regulatory legal documents is carried out in accordance with Article 9 of the Law on Issuing Regulatory Legal Documents and Chapter VII of Decree No. 34/2016/NĐ-CP dated May 14, 2016, detailing certain provisions and implementation measures of the Law on Issuing Regulatory Legal Documents.

2. Immediately after the publication or issuance of regulatory legal documents, the advisory agency responsible for the document is tasked with coordinating with the drafting agency and the International Cooperation Department, Legal Department to advise the leadership of the Ministry to translate the document into English or another foreign language for the following documents:

a) Laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly;

b) Decrees of the Government, decisions of the Prime Minister, and circulars of the Minister issued to implement international commitments to which Vietnam is a party.

3. For regulatory legal documents not covered by Clause 2 of this Article, if deemed necessary, the advisory agency responsible for the document advises the leadership of the Ministry to translate the document into English or another foreign language.

4. After completing the translation of regulatory legal documents into English or another foreign language, the International Cooperation Department leads and coordinates with the Vietnam News Agency and the advisory agency to finalize the translation.

5. The Legal Department leads and coordinates with the International Cooperation Department and the Information Technology Center to publish the translation on the National Legal Database and the Ministry of Transport’s website.

Chapter IV

CONSOLIDATED REGULATORY LEGAL DOCUMENTS

Article 41. Consolidation of Regulatory Legal Documents

1. Within the latest two working days from the date the amended and supplemented document is signed and promulgated, the leading drafting agency shall be responsible for sending the consolidation document dossier through official correspondence and email to the Legal Department for verification and submission to the Minister for signature and authentication. In case the draft consolidation document does not comply with the technical requirements stipulated in the Consolidation Ordinance, the Legal Department shall immediately return it to the leading drafting agency to implement in accordance with the regulations. The leading drafting agency shall be responsible for completing the dossier and resubmitting it to the Legal Department within the latest two working days from the date of receipt of the document from the Legal Department.

2. Within the latest two working days from the date of receipt of the technically correct consolidation document dossier from the leading drafting agency and the latest five working days from the date the Minister signs and promulgates the document, the Legal Department shall be responsible for verifying and submitting the consolidation document to the Minister for signature and authentication.

Article 42. Publishing Consolidated Documents on the Official Gazette and Government Portal

1. The publication of consolidated documents on the official portal of state agencies shall be carried out as follows:

a) The Legal Department shall be responsible for uploading the consolidated document onto the Ministry's official portal immediately after the consolidated document is signed and authenticated;

b) The Ministry Office shall be responsible for sending the consolidated document to the Government Office within the latest two working days from the date of signing and authentication, for uploading onto the Government Portal in cases where the amended and supplemented document is issued by the Government or the Prime Minister.

2. The Ministry Office shall be responsible for sending the consolidated document to the Official Gazette agency to publish the Official Gazette within the latest two working days from the date the Minister signs and authenticates the consolidated document.

Chapter V

ANNOUNCEMENT OF REGULATORY LEGAL DOCUMENTS,ANNOUNCEMENT, ACCEPTANCE AND HANDLING OF COMPLAINTS AND PETITIONS,ADMINISTRATIVE PROCEDURES

Section 1

ANNOUNCEMENT OF REGULATORY LEGAL DOCUMENTS

Article 43. Provision of Information for Press Announcements

1. Within the latest three working days from the date the regulatory legal document is promulgated, the advisory agency shall be responsible for providing information about the regulatory legal document of the Government, the Prime Minister, and the Minister of Transport that it has led to the Legal Department.

2. The information shall be provided according to the model specified in Model No. 14 of Appendix III attached to this Circular to serve the construction of press announcements.

Article 44. Construction of Press Announcements

1. Based on the information about the regulatory legal document provided by the advisory agency, within the latest two working days from the date of receipt of the information-providing document, the Legal Department shall be responsible for compiling and editing the content, constructing the press announcement, and sending it to the Ministry of Justice.

2. For documents issued by the Minister of Transport, the Legal Department shall construct the press information and post it on the Ministry's official portal.

3. The contents of the press announcements shall be simultaneously sent to the Ministry Office for communication activities.

Section 2

ANNOUNCEMENT, PUBLIC DISCLOSURE, ACCEPTANCE AND HANDLING OF COMPLAINTS,PETITIONS REGARDING ADMINISTRATIVE PROCEDURES,

Article 45. Administrative Procedures and Supervision of Administrative Procedures

1. An administrative procedure is the sequence, method of implementation, file, and requirements, conditions prescribed by a state agency or person with authority to resolve a specific matter related to individuals or organizations. Administrative procedures must be stipulated in regulatory legal documents submitted by the Minister of Transport to competent state agencies for issuance or issued within their authority as provided by law.

2. An administrative procedure must fully satisfy the following basic components:

a) Name of the administrative procedure;

b) Implementation process;

c) Methods of implementation;

d) File;

đ) Time limit for resolution;

e) Subjects implementing the administrative procedure;

g) Agency implementing the administrative procedure;

h) Result of the administrative procedure;

i) If the administrative procedure requires application forms, declaration forms, result models, requirements, conditions, fees, and charges, then these application forms, declaration forms, result models, requirements, conditions, fees, and charges are components of the administrative procedure.

3. Supervision of administrative procedures involves reviewing, evaluating, and monitoring to ensure the feasibility of the provisions on administrative procedures, meeting the requirements of transparency and clarity during the implementation process. Supervision of administrative procedures is conducted immediately when the draft regulatory legal document concerning administrative procedures is prepared and continues regularly and continuously throughout the implementation process.

Article 46. Competence and Scope of Announcing Administrative Procedures

1. Administrative procedures after issuance, amendment, supplementation, replacement, revocation, or abolition must be publicly announced.

2. Announced administrative procedures include: newly issued administrative procedures; amended, supplemented, or replaced administrative procedures; and abolished administrative procedures.

3. The Minister of Transport shall announce administrative procedures prescribed in normative legal documents under their jurisdiction not later than twenty working days before the effective date of the normative legal document containing provisions on administrative procedures.

Article 47. Announcing Administrative Procedures

1. Not later than thirty-five working days before the effective date of the normative legal document containing provisions on administrative procedures, the drafting agency has the responsibility to review, establish the content of administrative procedures, and provide the content of the document via email to the Legal Department for submission to the Minister to issue a Decision announcing administrative procedures as stipulated.

2. Not later than twenty working days before the effective date of the normative legal document containing provisions on administrative procedures, the Legal Department must submit to the Minister to issue a Decision announcing administrative procedures specified in relevant normative legal documents.

Article 48. Publicly Displaying Administrative Procedures

1. Based on the Decision announcing administrative procedures by the Minister, agencies and organizations directly receiving administrative procedure files must promptly implement public display, ensuring compliance with all components as prescribed in Clause 2, Article 8 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control; if there are requirements for application forms, such forms must be attached immediately after the administrative procedure.

2. Methods of publicly displaying administrative procedures are implemented uniformly as follows:

a) Administrative procedures can be publicly displayed on boards that may be wall-mounted boards, rotating boards, or mobile boards depending on specific conditions of the agency implementing the display;

b) The display board should have appropriate dimensions to ensure full display of administrative procedures and related information, including contact addresses for feedback and suggestions.

3. Information about announced administrative procedures must be fully, regularly, clearly, correctly located, easily accessible, and easy to exploit. In addition to mandatory public disclosure on the National Database of Administrative Procedures and display at the offices of agencies and units directly handling administrative procedures for individuals and organizations, public disclosure of administrative procedures may be carried out in one of the following forms:

a) Posting on the Ministry's official website or the website of the agency implementing administrative procedures;

b) Announcing through mass media.

c) Other appropriate forms.

Article 49. Receiving and Handling Feedback and Suggestions Regarding Administrative Procedures

1. Receiving Feedback and Suggestions:

a) For direct submissions or those sent via postal services, the Ministry’s Office will receive them according to current regulations on receiving incoming documents and transfer them to the Legal Department for classification of feedback and suggestions;

b) For submissions made through the Ministry of Transport’s official website or via email, the Legal Department will receive, record in the logbook, and classify feedback and suggestions;

c) For feedback and suggestions made by phone, the Legal Department is responsible for recording all information, entering it into the logbook, and classifying feedback and suggestions.

2. The Legal Department is responsible for recording feedback and suggestions in the logbook, examining, and classifying them according to the following rules:

a) Feedback and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport, the Legal Department drafts documents to request the competent leadership of the Ministry to assign tasks to relevant agencies and units to study and handle according to regulations;

b) Feedback and suggestions related to delays, harassment, or non-compliance with administrative regulations by state administrative agencies or civil servants of agencies and units under the Ministry, the Legal Department drafts documents to request the competent leadership of the Ministry to transfer them to relevant agencies and units for handling;

c) Feedback and suggestions outside the scope of management of the Ministry of Transport, within two working days from receipt, the Legal Department drafts documents to request the competent leadership of the Ministry to transfer feedback and suggestions to competent state agencies for handling according to law; simultaneously sending the document to the individual or organization making the feedback and suggestions.

3. Feedback and suggestions received by agencies and units under the Ministry of Transport (not through the Legal Department).

The head of the agency or unit receiving feedback and suggestions is responsible for reviewing, handling, submitting to the competent leadership of the Ministry for decision-making or assigning tasks to relevant agencies and units for handling according to regulations. Documents submitted to the competent leadership of the Ministry and handling results are simultaneously sent to the Legal Department for consolidation and reporting to the Ministry of Justice as stipulated.

Chapter VI

INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS

Section 1

GENERAL PROVISIONS

Article 50. Purpose of reviewing legal documents

The review of legal documents is conducted to identify contents that violate the law in order to promptly suspend their implementation, revoke part or all of them, ensure the constitutionality, legality, and consistency of the legal system; determine the responsibility of agencies or individuals who issued illegal documents, thereby contributing to improving the quality and effectiveness of legal system construction and completion.

Article 51. Content of reviewing legal documents

The content of reviewing legal documents includes:

1. Reviewing the authority to issue legal documents, including reviewing formal authority and substantive authority.

2. Reviewing the content of legal documents.

3. Reviewing the basis for issuing; format, presentation techniques; procedures and processes for drafting and issuing legal documents.

Article 52. Legal basis for determining illegal content in reviewed legal documents

The legal basis for determining illegal content in reviewed legal documents is legal normative documents that meet the following conditions:

1. Having higher legal validity than the reviewed document.

2. Being in effect at the time of issuance of the reviewed document or not yet in effect at the time of issuance of the reviewed document but have been approved or signed for issuance and will come into effect before or at the same time as the reviewed document.

Legal documents that cease to be effective according to Article 153 of the Law on Enacting Legal Normative Documents shall not be used as legal basis for reviewing documents from the date they cease to be effective until the date they resume effect pursuant to the decision of the competent state agency.

Article 53. Methods of reviewing legal documents

The examination of texts is conducted through the following methods:

1. Self-review of legal documents.

2. Reviewing legal documents within jurisdiction:

a) Reviewing legal documents sent to the Ministry of Transport by the issuing agency or individual;

b) Reviewing legal documents upon receiving requests or suggestions from agencies, organizations, individuals, and mass media reflecting that the documents contain signs of illegality;

c) Reviewing legal documents by topic, region (at the issuing agency) or by sector, field.

Article 54. Announcing the results of handling legal documents

1. The results of handling illegal legal normative documents must be published in the Official Gazette, posted on the Ministry's electronic portal, or displayed at locations specified in Article 98 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Enacting Legal Normative Documents.

2. The results of handling documents containing legal norms but not issued in the form of legal normative documents; documents containing legal norms or having the format of legal normative documents issued by agencies or individuals without the authority to issue such documents must be sent to the agencies, organizations, and individuals to which the documents were previously sent. If the document has been published in the Official Gazette, posted on the Ministry's electronic portal, or displayed, the results of handling must also be announced through these means of communication.

3. Legal affairs organizations or organizations entrusted with the legal affairs function of Departments under the Ministry of Transport are responsible for publicly announcing the results of handling illegal documents for the documents stipulated in Clause 2 of Article 58 of this Circular, which are self-reviewed by the Departments. The method of public announcement of the results is carried out in accordance with Clause 1 of this Article.

Article 55. Sending Documents to the Inspection Authority

Within the latest three working days from the date of issuance, the document must be sent to the authority or person with inspection authority over the document as follows:

1. Circulars issued by the Minister of Transport shall be sent to the Department of Legal Review under the Ministry of Justice; legal institutions under the ministry or equivalent ministries that have inspection authority within their respective sectors and fields.

2. Joint Circulars between the Minister of Transport and the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy shall be sent to the Department of Legal Review under the Ministry of Justice.

3. Circulars on transport matters issued by the Minister or the head of another equivalent ministry, and documents issued by the People's Councils and People's Committees at provincial level shall be sent to the Department of Legal Review under the Ministry of Justice and the Legal Affairs Department of the Ministry of Transport.

Article 56. Inspection and Handling of Documents Containing State Secrets

The inspection of documents containing state secrets shall be carried out in accordance with the laws on protecting state secrets and related laws.

Article 57. Database System for Inspection, Handling, and Reviewing of Documents

1. The database system for inspection, review, and standardization of documents includes classified and systematically organized paper-based materials that are digitized for unified management, retrieval, and utilization.

2. The database system for inspection, review, and standardization of documents includes:

a) Documents for inspection, review, and standardization;

b) Review files of documents as stipulated in Article 152 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and measures for implementing the Law on Issuing Legal Normative Documents;

c) Results of document standardization;

d) Results of document inspection and handling; information on inspection procedures.

đ) Other related documents.

3. The database system for inspection, review, and standardization of documents shall be connected and integrated with the National Database on Laws.

4. The Head of the Legal Affairs Department shall take the lead and coordinate with departments and units under the Ministry to update the contents prescribed in Clause 2 of this Article into the database system for inspection, review, and standardization of documents.

Section 2

SELF-INSPECTION AND HANDLING OF DOCUMENTS ISSUED BY THE MINISTRY OF TRANSPORT, GENERAL DEPARTMENTS, AND BUREAUS

Article 58. Responsibility for Self-Inspection of Documents

1. The Minister of Transport shall organize self-inspection of:

a) Circulars issued by the Minister of Transport;

b) Joint Circulars between the Minister of Transport and the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy;

c) Documents issued by the Minister of Transport containing legal norms but not issued in the form of circulars.

2. Heads of General Departments and Bureaus under the Ministry shall organize self-inspection of documents with the format and content similar to legal normative documents, or documents with a non-legal normative format but containing legal norms issued by their own agencies, specifically including memorandums, announcements, notifications, regulations, rules, charters, programs, plans, and other administrative documents.

3. The Head of the Legal Affairs Department shall be responsible for:

a) Serving as the focal point assisting the Minister in conducting self-inspection of documents as prescribed in Clause 1 of this Article;

b) Conducting inspections of documents issued by General Departments and Bureaus when signs of violation of laws are detected or when there are requests or suggestions from organizations, individuals, or mass media regarding documents suspected of being illegal or no longer appropriate;

c) Monitoring the self-inspection of documents by General Departments and Bureaus as prescribed in Clause 2 of this Article.

4. The head of the legal institution of General Departments and Bureaus shall serve as the focal point assisting the heads of General Departments and Bureaus in conducting self-inspection of documents as prescribed in Clause 2 of this Article.

5. Self-inspection and handling of documents shall be conducted in the following cases:

a) Immediately after the document is issued;

b) Upon receiving notification from the competent authority for document inspection or upon receiving requests, suggestions from authorities, organizations, individuals, and mass media regarding documents suspected of being illegal or no longer appropriate.

Article 59. Handling of Illegal Legal Documents

1. When discovering signs of illegality in a document, the agency or unit shall conduct self-inspection in accordance with Clause 1 and Clause 2 of Article 58 of this Circular and shall be responsible for preparing a file to inspect the document and immediately reporting the inspection results of the document to the agency or person who issued the document for examination and handling in accordance with regulations.

2. The report on the results of self-inspection of documents suspected of being illegal shall include the following contents:

a) Evaluation of the content suspected of being illegal in the document and proposal for handling direction, time limit for handling, measures to remedy consequences caused by the document (if any);

b) Determination of the responsibility of officials and civil servants involved in drafting, reviewing, examining, and issuing the document.

3. The agency or person issuing the document shall be responsible for promptly handling the illegally issued document.

4. The results of handling the document must be published in accordance with Article 54 of this Circular.

Section 3

INSPECTION AND HANDLING OF DOCUMENTS IN ACCORDANCE WITH AUTHORITY

Article 60. Authority to Inspect Documents of the Minister of Transport

1. The Minister of Transport has the authority to inspect documents issued by the Minister, Heads of Ministries at the same level, People's Councils, People's Committees of provinces, and local authorities in special administrative-economic zones that contain provisions related to the transport sector.

2. The Director of the Department of Legal Affairs assists the Minister in organizing the inspection of documents within the Minister's inspection authority.

Article 61. Procedures for Inspection and Handling of Documents in Accordance with Authority

1. The Department of Legal Affairs is responsible for organizing the inspection of documents within the authority of the Minister of Transport, opening a "Document Receipt Book" to monitor the receipt of documents sent for inspection, assigning leaders and specialists to carry out the inspection of documents.

2. The specialist assigned to inspect the document is responsible for reviewing, evaluating, and concluding on the constitutionality, legality, and consistency of the inspected document.

3. Reporting the results of the document inspection and proposing handling directions:

a) When discovering signs of illegality in the inspected document, the specialist assigned to inspect the document prepares an Inspection Report on the Document, reports the inspection results to the Department Leader, and proposes handling directions;

b) Based on the nature and degree of illegality of the document and the resulting consequences, the specialist assigned to inspect the document may propose: forms of handling illegal documents; handling the responsibility of agencies or persons with authority who issued illegal documents; handling the responsibility of officials and civil servants who advised on drafting, reviewing, examining, and issuing illegal documents if they are at fault.

4. The Ministry Leader signs a notification to send to the agency or person with authority who issued the document for handling in accordance with the law.

5. In cases where the agency or person who issued the document does not handle the illegal document or the document inspection agency disagrees with the handling result, the document inspection agency shall submit to the agency or person with authority for review and handling in accordance with regulations.

6. The Department of Legal Affairs prepares a file for inspecting and handling illegal documents for submission to the Ministry Leader. The file includes:

a) A request for resolution of the document according to the model prescribed by the Ministry Office;

b) The report of the document inspection agency;

c) The inspected document;

d) Legal normative documents serving as legal basis for inspection;

đ) An Inspection Report on the Document according to Appendix VII attached to this Circular;

e) A draft document notification to be sent to the agency or person with authority who issued the illegal document;

g) Other documents (if any).

7. After inspecting the document, if it is found to be illegal, the Department of Legal Affairs will advise the Ministry Leader to handle it in accordance with Article 63 of this Circular.

8. The Department of Legal Affairs is responsible for implementing the opening of a "Book for Monitoring and Handling Illegal Documents" to monitor and urge the handling of documents according to Appendix VIII attached to this Circular.

Article 62. Inspection of Documents by Special Topics, Geographic Areas, or Sectors

1. The Legal Affairs Department shall develop plans, contents, and programs for inspecting documents by special topics, geographic areas, or sectors, submit them to the Minister for approval, and organize their implementation.

2. In cases where it is necessary to establish an Inspection Team to conduct inspections of documents by special topics, geographic areas, or sectors, the Legal Affairs Department shall propose the composition of the Inspection Team and submit it to the Minister for decision.

3. Prior to conducting inspections by special topics, geographic areas, or sectors, the Legal Affairs Department shall be responsible for notifying the agencies whose documents are subject to inspection. These agencies shall cooperate with the Inspection Team in the inspection process.

Article 63. Authority of the Minister of Transport in Handling Illegal Documents

1. Propose the Minister or the Head of an equivalent agency to suspend the enforcement, revoke partially or entirely illegal documents issued by the Minister or the Head of an equivalent agency related to the sector or field under the Ministry of Transport's administrative management. If the proposal is not accepted, submit it to the Prime Minister for decision.

2. Submit to the Prime Minister for decision to suspend the enforcement partially or entirely of illegal resolutions issued by provincial People's Councils or People's Councils in special administrative-economic zones concerning the sector or field under the Ministry of Transport's administrative management, while also proposing the National Assembly Standing Committee to revoke such resolutions.

3. Submit to the Prime Minister for decision to suspend the enforcement, revoke partially or entirely illegal decisions issued by provincial People's Committees or People's Committees in special administrative-economic zones concerning the sector or field under the Ministry of Transport's administrative management.

Article 64. Time Limit for Handling Documents Showing Signs of Illegality

1. Within thirty days from the date of receiving the notification from the Ministry of Transport regarding documents showing signs of illegality, the agency or individual who issued the document must organize the examination and handling of the document and report the results of the handling to the Ministry of Transport.

2. Upon expiration of the handling period stipulated in Clause 1 of this Article, if the agency or individual who issued the document showing signs of illegality does not handle it or the Ministry of Transport disagrees with the handling result of the issuing agency or individual, within fifteen days, the Ministry of Transport shall implement according to the provisions of Clause 7, Article 61 of this Circular.

Section 4

FORMS OF HANDLING ILLEGAL DOCUMENTS

Article 65. Forms of Handling Illegal Documents

Forms of handling illegal documents include:

1. Suspending the enforcement of part or all of the content of the document.

2. Revoking part or all of the content of the document.

Article 66. Suspension of Enforcement of Illegal Documents

The form of suspending the enforcement of part or all of the content of the document shall be applied in cases where the illegal content affects the interests of the State, the rights and legitimate interests of organizations and individuals, and cannot be revoked in time.

Article 67. Revocation of Illegal Documents

Revocation of part or all of the document in the following cases:

1. Revocation of part or all of the document issued illegally regarding authority, content; document violating seriously the procedures and formalities for drafting and promulgating.

2. Document containing legal norms but not promulgated in the form of normative legal documents; document containing legal norms or having the format of normative legal documents issued by agencies or persons without authority to issue.

Article 68. Correction of Documents

The correction of documents shall be carried out for documents with errors in the basis for issuance, format, and presentation techniques. The agency or person issuing the erroneous document shall correct the document through an administrative document.

Section 5

TASKS AND LIMITATIONS OF THE AGENCY OR PERSON ISSUING THE DOCUMENT TO BE INSPECTEDDOCUMENTS TO BE INSPECTED

Article 69. Tasks of the agency or person issuing the document to be inspected

The agency or person authorized to issue the document to be inspected (hereinafter referred to as the agency or person with the document to be inspected) shall have the following responsibilities:

1. Send the issued document to the competent authority for inspection as prescribed; provide necessary information and materials to the competent authority inspecting the document.

2. Implement the publication in the Official Gazette, posting, and broadcasting of legal normative documents that have been processed on mass media according to the provisions of the law.

3. Explain the content of the document upon request of the competent authority inspecting the document.

4. Timely organize self-inspection to detect and handle documents showing signs of violation of the law as prescribed.

5. Notify the handling of illegal documents to the competent authority inspecting the document.

6. Create conditions for the competent authority inspecting the document to carry out the task of inspecting the document.

7. Implement decisions and requirements of the Prime Minister as stipulated in Article 118 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents.

8. Implement decisions and recommendations of the Minister or Head of a ministry-equivalent agency as stipulated in Article 119 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents.

Article 70. Powers of the agency or person with the document to be inspected

The agency or person with the document to be inspected shall have the following rights:

1. To be informed about the plan, content of inspection, and requested content.

2. To present opinions related to the content of the document to be inspected.

3. To refuse to answer or provide information not within their functional scope, tasks, and powers, or information classified as state secrets which are not permitted to be provided according to the law.

4. To explain and request the Minister of Transport to reconsider the notification regarding the handling of documents showing signs of violation of the law within fifteen days from the date of receipt of the notification.

Article 71. Examination and Handling of Responsibility for Persons and Agencies Issuing Illegal Documents

The examination and handling of responsibility for agencies and persons who have issued illegal documents shall be carried out according to the provisions of Article 134 of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures to implement the Law on Issuing Legal Normative Documents and related legal documents.

Article 72. Inspectors Collaborating in Document Inspection

1. Inspectors collaborating in document inspection are individuals selected among experienced experts in the field of drafting and inspecting documents suitable to the field of the document to be inspected, contracted by the head of the document inspection agency, operating under a work quota system or a fixed-term contract, subject to management, guidance on professional matters, and performing tasks as required by the document inspection agency.

2. Based on the level and requirements of legal normative document inspection, the Director of the Legal Affairs Department shall build and manage a team of inspectors collaborating in legal normative document inspection.

Chapter VII

MONITORING LEGAL IMPLEMENTATION, AUDITING,SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS

Article 73. Content of monitoring the implementation of laws

Monitoring the situation of law implementation based on reviewing and evaluating the following contents:

1. The situation of issuing detailed regulations to implement normative legal documents such as: the timeliness and completeness of issuing detailed regulations; the consistency and synchronization of the regulations; the feasibility of the regulations.

2. Ensuring conditions for implementing laws: The timeliness, completeness, appropriateness, and effectiveness of training and disseminating laws; the suitability of organizational structures; the level of human resource availability for implementing laws; the level of financial and material support availability for implementing laws.

3. Compliance with laws: The timeliness and completeness of state agencies and authorized individuals in implementing laws; the accuracy and consistency in guiding the application of laws and applying laws by state agencies and authorized individuals; the degree of compliance with laws by agencies, organizations, and individuals.

Article 74. Responsibilities for monitoring the implementation of laws

1. The agency drafting normative legal documents shall be responsible for organizing the implementation and monitoring the situation of implementing normative legal documents immediately after the documents are signed and issued by the authorized individual.

2. In cases where the drafting agency is General Departments or Bureaus: General Departments and Bureaus shall be responsible for taking the lead and coordinating with the advisory agency and related agencies to develop and submit to the Ministry's leadership for signing and issuing the Implementation Plan and Monitoring Plan for the implementation of normative legal documents.

3. In cases where the drafting agency is a Department: The Department shall be responsible for taking the lead and coordinating with General Departments, Bureaus, and related agencies to develop and submit to the Ministry's leadership for signing and issuing the Implementation Plan and Monitoring Plan for the implementation of normative legal documents.

4. The Implementation Plan and Monitoring Plan for the implementation of normative legal documents shall follow the model prescribed in Appendix IX attached to this Circular and shall be sent to related agencies, while also being sent to the Legal Department and the Ministry's Office for monitoring and urging.

5. The Legal Department shall be responsible for taking the lead and coordinating with units under the Ministry to assist the Minister in performing tasks according to the law on monitoring the implementation of laws.

Article 75. Reviewing and Systematizing Normative Legal Documents

1. The review and systematization of documents shall be carried out according to the following principles:

a) It shall be conducted regularly, immediately when there is a basis for review; no documents within the scope of responsibility for review shall be overlooked; timely handling of review results; adherence to the review procedure;

b) It shall be conducted periodically and synchronously; timely publication of the Set of Systematized Valid Documents and lists of documents; adherence to the systematization procedure;

c) The review and systematization of documents containing state secrets shall be carried out in accordance with the law on protecting state secrets.

2. The review and systematization shall be carried out in accordance with the law on reviewing and systematizing.

3. The Legal Department shall be responsible for urging, guiding, and compiling the results of reviews and systematizations to submit to the Minister for signing and announcing the results of reviews and systematizations in accordance with the provisions.

Chapter VIII

REPORTING SYSTEM

Article 76. Report on Drafting, Issuing, and Consolidating Regulatory Legal Documents

1. On the 23rd day of each month, the agency responsible for drafting and the agency advising on submission shall report to the Legal Affairs Department on the situation of drafting regulatory legal documents, progress in implementing the Program, and any difficulties encountered; regularly update the TransLegal software on the situation of drafting regulatory legal documents.

2. Monthly, quarterly, and every six months, the Legal Affairs Department shall compile and report to the Minister and Deputy Ministers on the results of drafting and issuing legal documents, the situation, progress, and issues arising during the implementation of the Program; the situation of implementing and supervising the enforcement of regulatory legal documents, consolidating regulatory legal documents, including those draft legal documents submitted by the Ministry of Transport to competent authorities for issuance that have been pending from previous periods and tasks for the next month or quarter. The content of the Report must clearly state difficulties, obstacles, and measures to address them.

Article 77. Report on Administrative Procedure Handling Work

1. Annually and every six months, the agency responsible for drafting regulatory legal documents shall report to the Legal Affairs Department on the situation and results of its administrative procedure control activities, or report as required.

2. The Legal Affairs Department shall be responsible for compiling and advising the Ministry Leadership to report to the Ministry of Justice on the situation and results of the Ministry's administrative procedure control activities according to schedule or as required by the Ministry of Justice.

Article 78. Report on Supervising the Enforcement of Laws

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

1. Reporting on supervising the enforcement of laws quarterly, every six months, and annually.

2. For laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister, the content of the report includes:

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

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

c) The number, form, and name of regulatory legal documents guiding laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister that have not been drafted, issued, or issued late; reasons for the failure to draft, issue, or issue on time;

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, and decisions of the Prime Minister under the responsibility of the Ministry of Transport: organizing assignments, propaganda, dissemination, inspection, urging implementation, and other related work;

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

3. For circulars, the content of the report includes:

a) The situation of organizing the implementation of propaganda, dissemination, inspection, urging implementation, and other related work;

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

4. Before the 23rd day of the last month of each quarter, the drafting agency shall report to the Legal Affairs Department on the implementation and supervision of the enforcement of regulatory legal documents according to the provisions of Clauses 1, 2, and 3 of this Article. The format of the Report is specified in Appendix X attached to this Circular.

Article 79. Report on the work of inspecting and handling normative legal documents

1. Every six months annually, agencies and units under the Ministry shall report the results of self-inspection of documents and handling of documents in accordance with this Circular.

2. The Legal Department shall be responsible for compiling, advising, and submitting to the Ministry's leadership a report to the Ministry of Justice on the work of inspecting and handling normative legal documents every six months and annually as prescribed.

Chapter IX

IMPLEMENTING PROVISIONS

Article 80. Effective Date

1. This Circular takes effect from October 15, 2016.

2. The Circular No. 58/2013/TT-BGTVT dated December 30, 2013 issued by the Minister of Transport on the construction, issuance, consolidation of normative legal documents, administrative procedure control, and monitoring the implementation of laws in the transport sector; and the Circular No. 25/2011/TT-BGTVT dated April 9, 2011 issued by the Minister of Transport on inspecting and handling normative legal documents in the transport sector are hereby abolished.

Article 81. Implementation Organization

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of General Departments, the Directors of Bureaus, the Heads of agencies, organizations, and individuals related to this matter shall be responsible for implementing this Circular.

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