Circular No. 21/2025/TT-BCT stipulates on the drafting, issuance, and implementation of normative legal documents of the Ministry of Industry and Trade.

CIRCULAR

Provisions on the construction, issuance, and implementation of normative legal documents of the Ministry of Industry and Trade

 

 

Pursuant to the Law on Legislative Documents promulgation dated February 19, 2025; February 19 2025 (hereinafter referred to as "the Law");

Pursuant to the Law on Popularizing and Promoting Legal Education dated June 20 2012; Pursuant to the Ordinance on Consolidating Normative Legal Documents dated March 22

2012;

Pursuant to the Ordinance on Codifying the System of Legal Norms dated April 16

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;

2012; At the proposal of Pursuant to Decree No. 79/2025/NĐ-CP dated April 1

2025 on inspection, review, systematization, and handling of normative legal documents; At the proposal of Pursuant to Decree No. 80/2025/NĐ-CP dated April 1

2025 on organizing the implementation of normative legal documents; CPursuant to Decree No. 52/2015/NĐ-CP dated May 28

At the proposal of the Director of the Legal Department;

2015 of the Government on the national database on laws;

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

The Minister of Industry and Trade issues this Circular providing for the construction, issuance, and implementation of normative legal documents of the Ministry of Industry and Trade.

Article 1. This Circular provides for the work of constructing, issuing, and implementing normative legal documents of the Ministry of Industry and Trade, including: procedures for proposing, constructing, and issuing legal norms; organizing the implementation of normative legal documents issued by the Minister of Industry and Trade, jointly issued, or submitted to competent authorities.

Article 2. The construction and issuance of circulars containing national technical standards in the field of industry and trade must comply with the provisions of the law on standards and technical regulations and the provisions of this Circular.

Article 2. Applicability

Article 3. The construction and issuance of joint circulars between the Minister of Industry and Trade and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General shall be carried out in accordance with Clause 2 of Article 49 of the Law.

Article 4. Leadership guidance, direction in constructing, issuing, and implementing normative legal documents

1. The work of constructing, issuing, and implementing normative legal documents of the Ministry of Industry and Trade is centrally, uniformly, strictly, and comprehensively led and directed by the Minister of Industry and Trade and the Standing Committee of the Party Committee of the Ministry of Industry and Trade.

2. Deputy Ministers responsible for specific areas shall direct the work of constructing normative legal documents; direct and urge the main drafting units regarding progress, content, complex issues, and differing opinions on draft normative legal documents, and shall be responsible to the Minister for ensuring the progress and quality of drafting normative legal documents in their assigned fields.

3. Heads of units under the Ministry shall be responsible for directing civil servants in their units to strictly implement the provisions on constructing and implementing normative legal documents; ensuring close coordination between the unit's Party committee in the work of constructing normative legal documents.

4. Reporting and seeking opinions from authorized Party committees during the process of constructing normative legal documents proposed, constructed, and submitted to competent authorities or issued according to authority shall be carried out at the following stages:

a) Proposing legislative tasks for the National Assembly term; proposing or adjusting the annual legislative program;

b) Proposing policy development; submitting policies to the Government for approval concerning laws, ordinances, and resolutions of the Standing Committee of the National Assembly;

c) Registering for the development of decrees, resolutions of the Government, and decisions of the Prime Minister; files for submission of decrees, resolutions of the Government, and decisions of the Prime Minister;

d) During the completion of policy development files; draft normative legal document files subject to the assessment of the Ministry of Justice and during the Government's consideration and decision-making on policy draft files that result in significant changes, omissions, or new additions;

đ) Approving proposals for the development of; before issuing a circular by the Minister;

e) Approving proposals for certain other activities related to the process of developing and implementing normative legal documents.

The division of responsibilities between the Party committee of the main advisory, proposal, and drafting units of normative legal documents and the authorized Party committee for issuing or submitting for issuance; the procedures and formalities for reporting and seeking opinions from authorized Party bodies at the Ministry of Industry and Trade shall be implemented in accordance with the regulations, rules, and guidelines issued by the authorized Party committee.

Article 4. Construction and issuance of regulatory legal documents according to simplified procedures, in special cases

1. The construction and issuance of regulatory legal documents shall be carried out according to simplified procedures as prescribed in Articles 50 and 51 of the Law, Clause 1 of Article 35, Clause 5 of Article 38, and Clause 4 of Article 41 of Decree No. 78/2025/NĐ-CP.

2. In cases where there are grounds for applying simplified procedures to Circulars issued by the Minister, the main drafting unit shall report to the Minister for consideration and decision on the construction and issuance of Circulars according to simplified procedures.

3. The Minister himself/herself or upon the proposal of the main drafting unit shall decide on the application of simplified procedures in the construction and issuance of Circulars.

4. The construction and issuance of regulatory legal documents in special cases shall be implemented according to Article 52 of the Law and Clauses 2, 3, 4, and 5 of Article 35 of Decree No. 78/2025/NĐ-CP.

 

Chapter II

CONSTRUCTION OF LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY,

ORDINANCES, RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

 

Article 5. Proposing legislative orientation for the term of the National Assembly

1. By no later than May 10 of the first year of the term of the National Assembly, units under the Ministry within their functions and tasks shall review and study, submit proposals on legislative tasks for the term of the National Assembly in accordance with Point b, Clause 1 of Article 10 of Decree No. 78/2025/NĐ-CP to the Department of Legal Affairs for consolidation.

2. The Department of Legal Affairs shall be responsible for consolidating the proposals from units under the Ministry, report to the Minister to send to the Ministry of Justice before June 1 of the first year of the term of the National Assembly.

3. In case new legislative tasks arise, the proposing unit shall submit them to the Minister for sending to the Ministry of Justice for consolidation, while also sending to the Department of Legal Affairs for monitoring.

4. Before June 1 of the year immediately preceding the last year of the term of the National Assembly, the Department of Legal Affairs shall be responsible for organizing the development of the Mid-term Legislative Orientation Assessment and Conclusion Project and the Legislative Orientation Project for the next term, to be approved by the Minister. Based on the approved Project, the Department of Legal Affairs shall organize its implementation in coordination with relevant units in the Ministry. The results of implementing the Project shall serve as the basis for implementing the provisions of this Clause.

Article 6Proposing the annual legislative program of the National Assembly

1. On the basis of the Legislative Orientation for the term of the National Assembly or requirements to address issues arising from practice, the proposing unit shall report to the Minister on the content of the proposal in accordance with Clause 1 of Article 12 of Decree No. 78/2025/NĐ-CP and send it to the Ministry of Justice before June 1 each year for consolidation.

2. In case adjustments to the annual legislative program of the National Assembly are needed, the proposing unit shall develop a draft report in accordance with Clause 2 of Article 24 of the Law, report to the Deputy Minister in charge who shall issue a document seeking the opinion of the Ministry of Justice on the content of the proposed adjustment.

Based on the opinion of the Ministry of Justice, the proposing unit shall be responsible for incorporating and refining the draft report on the proposed adjustment, reporting to the Minister for deciding on submitting the draft report on the proposed adjustment to the Government.

In case the Government approves the content of the adjustment to the annual legislative program, the proposing unit shall report to the Minister on signing on behalf of the Prime Minister to submit the report to the Standing Committee of the National Assembly requesting the adjustment to the annual legislative program.

Article 7. Policy formulation, submitting to the Government for approval

Units proposing policies for regulatory legal documents as prescribed in Clause 1 of Article 27 of the Law shall be responsible for implementing the following contents:

1. Determining policies in accordance with Article 28 of the Law and developing a detailed plan for policy formulation before submitting to the Minister for consideration and approval of the policy formulation initiative or addition of a new policy.

2. Based on the initiative as prescribed in Clause 1 of this Article, the proposing unit shall be responsible for implementing the following contents:

a) Conducting a policy impact assessment in accordance with Article 29 of the Law and Article 14 of Decree No. 78/2025/NĐ-CP;

b) Preparing a policy dossier in accordance with Clause 2 of Article 30 of the Law;

c) Organizing public comments on the policy dossier in accordance with Point a, Clause 1 of Article 30 of the Law and Clause 2 of Article 15 of Decree No. 78/2025/NĐ-CP;

d) Organizing a policy consultation conference in accordance with Point b, Clause 1 of Article 30 of the Law and Clause 1 of Article 15 of Decree No. 78/2025/NĐ-CP;

đ) Compiling a summary of explanations and incorporation of opinions from organizations and individuals, and opinions from organizations and individuals at the policy consultation conference. Submitting the summary of opinions, incorporation, and explanations to the Vietnam Trade Newspaper for publication on the Ministry of Industry and Trade's electronic portal and on the website of the proposing unit (if available) no later than 25 days after the end of the comment period, with a minimum publication duration of 30 days;

e) Taking the lead and coordinating with the Vietnam Trade Newspaper, Vietnam Trade Magazine, and other related agencies and organizations to communicate the policy from the time of soliciting opinions until submission to the Government for approval. The content and form of communication shall be carried out in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the proposing unit to achieve effectiveness and social consensus.

3. The proposing unit shall submit the dossier of the policy proposal to the Deputy Minister in charge for sending the dossier of the policy proposal as prescribed in Clause 2 of Article 31 of the Law and Clause 1 of Article 16 of Decree No. 78/2025/NĐ-CP to the Ministry of Justice for examination.

4. In case the examination opinion is that the policy dossier meets the conditions for submission to the Government or only meets the conditions after incorporating and perfecting, the proposing unit shall study, incorporate, refine, and perfect the policy dossier, report to the Minister for consideration and decision on submission to the Government.

5. In case the review opinion states that the policy dossier does not meet the conditions to be submitted to the Government, the unit proposing the policy shall be responsible for revising and perfecting the policy dossier, and reporting to the leadership of the Ministry in charge to send the document to the Ministry of Justice for re-review. During the process of perfecting the policy dossier, if it substantially changes, omits, or supplements new policies compared to the dossier submitted for review, the unit proposing the policy shall report to the Minister for consideration and decision on those changes, omissions, and new supplements.

6. During the process of the Government's examination and resolution to approve the policy, the unit proposing the policy shall be responsible for coordinating with relevant units of the Government Office, the Ministry of Justice, and other ministries and equivalent agencies to incorporate, revise the policy dossier according to the directives of the competent authority and promptly report to the leadership of the Ministry in charge. If incorporating and revising the policy dossier substantially changes the content of the policy already submitted, omits, or supplements new policies compared to the submitted dossier, the unit proposing the policy shall be responsible for supplementarily evaluating the changed, omitted, and newly supplemented contents, reporting to the Minister for consideration and decision before resubmitting to the Government.

7. When the Government resolves to approve the policy dossier, the unit proposing the policy shall be responsible for revising the policy dossier according to the Government's resolution, reporting to the Minister for consideration and approval as the basis for assigning the unit proposing the policy to implement the procedure for drafting normative legal documents to codify the policy.

Article 8. Drafting, submitting for review andsubmitting to the Government for examination and decision on the project law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly

1. The leading unit in drafting shall report to the leadership of the Ministry in charge for examination and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

2. Based on the approved detailed drafting plan, the drafting unit shall be responsible for implementing the following contents:

a) Organizing the drafting work. Where necessary, the leading unit in drafting may propose and submit to the leadership of the Ministry in charge for signing and promulgating the Decision to establish the Drafting Team in accordance with point a, Clause 1, Article 18 of Decree No. 78/2025/NĐ-CP;

b) Preparing the project dossier for law, ordinance, resolution in accordance with Clause 4, Article 33 of the Law. Among which, the draft submission paper must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

c) Organizing the solicitation of opinions on the dossier at point b of this clause in accordance with point a, Clause 3, Article 33 of the Law and point c, Clause 1, Article 18 of Decree No. 78/2025/NĐ-CP. For documents that have been approved through policy according to Article 7 of this Circular, it is not mandatory to solicit opinions;

d) Soliciting social feedback from the Vietnam Fatherland Front in accordance with point b, Clause 3, Article 33 of the Law;

đ) Sending to the Vietnam Economic News Agency to publish the project dossier for law, ordinance, resolution on the electronic portal of the Ministry of Industry and Trade and on its own website (if available) for a minimum period of 20 days for agencies, organizations, and individuals to provide comments, except where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a comprehensive summary of opinions, incorporating and explaining all comments and social feedback. Sending to the Vietnam Economic News Agency to publish the summary of opinions, incorporation, and explanation of comments on the electronic portal of the Ministry of Industry and Trade and on its own website (if available) no later than 25 days from the end date of the opinion solicitation period, with a minimum publication period of 30 days;

g) Leading and coordinating with the Vietnam Economic News Agency, the Vietnam Industry and Trade Magazine, and other related agencies and organizations to organize communication of the draft law, ordinance, resolution from the time of soliciting opinions until the National Assembly, the Standing Committee of the National Assembly approves the project law, ordinance, resolution. The content and form of communication are carried out in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other contents deemed necessary by the leading unit in drafting to achieve effectiveness and societal consensus;

3. In cases where new policies arise during the drafting process, the leading unit in drafting shall implement in accordance with Article 7 of this Circular.

4. The leading unit in drafting shall submit the project dossier for law, ordinance, resolution to the leadership of the Ministry in charge for submission to the Ministry of Justice for review in accordance with Clause 2, Article 34 of the Law and Clause 1, Article 19 of Decree No. 78/2025/NĐ-CP.

5. In case the review opinion states that the project dossier for law, ordinance, resolution meets the conditions to be submitted to the Government or only meets the conditions after incorporating and perfecting, the leading unit in drafting shall be responsible for studying, incorporating, revising, and perfecting the project dossier, and reporting to the Minister for submission to the Government.

In case the review opinion states that the project dossier for law, ordinance, resolution does not meet the conditions to be submitted to the Government, the leading unit in drafting shall be responsible for revising and perfecting the project dossier, and reporting to the leadership of the Ministry in charge to send the document to the Ministry of Justice for re-review. During the process of perfecting the project dossier for law, ordinance, resolution, if it generates substantial changes, omissions, or new supplements compared to the dossier submitted for review, the leading unit shall report to the Minister for consideration and decision on those changes, omissions, and new supplements.

6. During the process of the Government's examination and resolution to approve the project dossier for law, ordinance, resolution, the leading unit in drafting shall be responsible for coordinating with relevant units of the Government Office, the Ministry of Justice, and other ministries and equivalent agencies to incorporate and revise the project dossier according to the directives of the competent authority and promptly report to the leadership of the Ministry in charge. If incorporating and revising the project dossier substantially changes, omits, or supplements new contents compared to the submitted dossier, the leading unit in drafting shall be responsible for supplementarily evaluating the changed, omitted, and newly supplemented contents, reporting to the Minister for consideration and decision before resubmitting to the Government.

The project dossier submitted to the Government shall be simultaneously sent to the Ministry of Justice in accordance with Article 6 and Clause 2, Article 20 of Decree No. 78/2025/NĐ-CP.

7. When the Government decides to approve the draft project's dossier for laws, ordinances, resolutions, the main drafting unit shall coordinate with the Standing Committee of the principal reviewing agency, the Ministry of Justice, and related agencies to revise the dossier in accordance with Article 21 of Decree No. 78/2025/NĐ-CP. Based on this, submit the revised draft project dossier for laws, ordinances, and resolutions to the Minister for reporting to the Prime Minister for consideration and decision to submit to the National Assembly.

Article 9. Submitting laws, ordinances, and resolutions to the National Assembly for approval

1. Based on the provisions of Clause 7 of Article 8 of this Circular, the main drafting unit shall be responsible for preparing the draft project dossier for laws, ordinances, and resolutions to send to the principal reviewing agency as assigned by the National Assembly. The dossier of the draft project is regulated in Clause 3 of Article 37 of the Law.

2. Upon receiving a request to participate in a review session convened by the National Assembly’s reviewing agency, the main drafting unit shall report to the Minister to assign a Department Leader to attend the review session.

3. In cases where the National Assembly Standing Committee returns the draft project dossier for laws, ordinances, and resolutions due to insufficient conditions for submission as stipulated in Point b, Clause 6 of Article 37 of the Law, the main drafting unit shall report to the Minister for consideration and decision regarding the submission to the Government and the Prime Minister for explanation, adoption, and improvement of the draft project dossier for resubmission or postponement of the submission time to the National Assembly.

4. In cases where the draft project dossier for laws, ordinances, and resolutions has not been unanimously approved by the National Assembly Standing Committee or the draft contains important and complex contents requiring additional time for further study, adoption, and revision according to Clause 5 of Article 38 of the Law and Point d, Clause 7 of Article 40 of the Law, the main drafting unit shall report to the Minister for consideration and decision regarding the submission to the Government and the Prime Minister for postponement of the submission time to the National Assembly or resubmission.

 

Chapter III

BUILDING LEGAL REGULATIONS OF THE GOVERNMENT, PRIME MINISTER, AND MINISTERS

 

Section 1

REGISTRATION FOR DEVELOPMENT DECREES AND RESOLUTIONS OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTERCIRCULARS OF THE MINISTER OF INDUSTRY AND TRADE

 

Article 10. Draft list detailed regulations

1. For detailed regulations of laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee, the main drafting unit shall undertake the following tasks:

a) Prepare a list of detailed regulations for laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee, specifying the name of the regulation being detailed; the content delegated for detailed regulation; the drafting agency, coordinating agencies; deadlines for submission or issuance;

b) Send the list of detailed regulations specified in Point a of this clause to the Legal Affairs Department within five days from the date the law, resolution of the National Assembly, ordinance, or resolution of the National Assembly Standing Committee was passed;

c) Ensure the quality and progress of drafting, and the deadline for submitting detailed regulations according to the decision on issuing the list of detailed regulations by the Prime Minister;

2. For detailed regulations of decrees, resolutions of the Government, decisions of the Prime Minister, and circulars of the Minister of Industry and Trade, the main drafting unit shall undertake the following tasks:

a) Advise the Department Leader responsible to issue a written notice according to the model attached as Appendix I of this Circular to ministries, equivalent agencies, People's Councils, and provincial People's Committees about the contents of the decree, resolution of the Government, or decision of the Prime Minister delegating Ministers, heads of equivalent agencies, People's Councils, and provincial People's Committees to detail within five days from the date of signing and issuing the decree, resolution, or decision;

b) Advise the Department Leader responsible to issue a written notice according to the model attached as Appendix I of this Circular to People's Councils and provincial People's Committees about the contents of the circular delegating them to detail within five days from the date of signing and issuing the circular;

c) Monitor and urge the drafting and issuance of detailed regulations by ministries, equivalent agencies, People's Councils, and provincial People's Committees to implement the decree, resolution of the Government, or decision of the Prime Minister drafted by the Ministry of Industry and Trade; the drafting and issuance of detailed regulations by People's Councils and provincial People's Committees to implement the circular of the Minister of Industry and Trade; promptly address any issues arising during the drafting of detailed regulations.

3. The Legal Affairs Department shall undertake the following tasks:

a) Compile proposals from units, prepare a list of contents of laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee delegated to ministries, equivalent agencies, and local authorities for detailed regulation, and submit it to the Ministry of Justice for consolidation within ten days from the date the law, resolution of the National Assembly, ordinance, or resolution of the National Assembly Standing Committee was passed;

b) Monitor and urge the drafting and issuance of detailed regulations by the Ministry of Industry and Trade to implement laws, resolutions of the National Assembly; ordinances, and resolutions of the National Assembly Standing Committee; decrees, resolutions of the Government; and decisions of the Prime Minister.

Article 11. Registration for developing decrees and resolutions of the Government, decisions of the Prime Minister

Units registering to develop decrees and resolutions of the Government, and decisions of the Prime Minister as stipulated in Clause 1 of Article 26 of Decree No. 78/2025/NĐ-CP shall undertake the following tasks:

1. Review the basis for registering to develop decrees and resolutions of the Government, and decisions of the Prime Minister as prescribed in Clause 2 of Article 26 of Decree No. 78/2025/NĐ-CP.

2. On the basis of the report under Clause 1 of this Article, the unit responsible for registering the construction of regulatory legal documents shall submit to the leadership of the Ministry in charge and the Minister for sending the registration document for issuing decrees, resolutions of the Government, decisions of the Prime Minister, along with the review report to the Office of the Government to register it into the Program of Work of the Government and the Prime Minister according to the Government's Working Regulations. In cases where the Government or the Prime Minister directs the issuance of decrees, resolutions of the Government, or decisions of the Prime Minister, there is no need to carry out the registration process.

Section 2

CONSTRUCTION AND ISSUANCE OF DECREES AND RESOLUTIONS OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER

 

Article 12. Drafting, submitting for examination, and presenting the decree draft to the Government for approval

The leading unit responsible for drafting shall be responsible for implementing the following contents:

1. Reporting to the leadership of the Ministry in charge for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

2. Based on the approved detailed drafting plan, the drafting unit shall be responsible for implementing the following contents:

a) Summarizing the implementation of laws, evaluating current regulatory legal documents, surveying and assessing the actual social relations related to the draft document for cases of issuing documents prescribed in points b and c of Clause 1 of Article 14 of the Law; evaluating the policy impact in the draft document prescribed in point c of Clause 1 of Article 14 of the Law according to point a of Clause 1 of Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process. If necessary, the leading unit responsible for drafting may propose and submit to the leadership of the Ministry in charge for signing the Decision to establish the Drafting Team according to point b of Clause 1 of Article 27 of Decree No. 78/2025/NĐ-CP;

c) Preparing the draft document dossier in accordance with Clause 2, Article 27 of Decree No. 78/2025/NĐ-CP. Among which, the draft Memorandum must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;

d) Organizing public opinion and social debate on the dossier at point c of this clause according to point d and point đ of Clause 1 of Article 27 of Decree No. 78/2025/NĐ-CP;

đ) Sending the draft document dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade’s electronic portal and on its own website (if available) for a minimum period of 10 days for agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a comprehensive summary of opinions, incorporating and explaining all comments and social feedback. Sending to the Vietnam Economic News Agency to publish the summary of opinions, incorporation, and explanation of comments on the electronic portal of the Ministry of Industry and Trade and on its own website (if available) no later than 25 days from the end date of the opinion solicitation period, with a minimum publication period of 30 days;

g) Leading and coordinating with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other relevant agencies and organizations to communicate the draft from the time of soliciting opinions until it is presented to the Government for approval. The content and form of communication are carried out according to Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit responsible for drafting to achieve effectiveness and social consensus.

3. Submitting the draft document dossier to the Ministry of Justice for examination according to Clause 1 of Article 28 of Decree No. 78/2025/NĐ-CP. In case the dossier does not meet the requirements, the leading unit responsible for drafting shall be responsible for supplementing the dossier according to the suggestions of the Ministry of Justice.

4. In cases where the examination opinion is that the draft document is ready to be submitted to the Government or only meets the conditions for submission after further improvement, the leading unit responsible for drafting shall be responsible for studying, incorporating, and perfecting the draft decree to report to the Minister for submission to the Government.

5. In cases where the examination opinion is that the draft document is not yet ready to be submitted to the Government, the leading unit responsible for drafting shall be responsible for studying, incorporating, and perfecting the draft and reporting to the leadership of the Ministry in charge to send the draft document dossier to the Ministry of Justice for re-examination. During the process of perfecting the draft document dossier, if significant changes, deletions, or new additions occur compared to the dossier submitted for examination, the leading unit shall submit these changes, deletions, or new additions to the Minister for consideration and decision.

Based on the corrected and perfected draft document dossier, reaching consensus with relevant agencies, the leading unit responsible for drafting shall submit the draft decree dossier to the Minister for consideration and approval according to Clause 2 of Article 29 of Decree No. 78/2025/NĐ-CP to report to the Prime Minister while sending the dossier to the Ministry of Justice.

6. During the Government's consideration and approval of the draft document dossier, the leading unit responsible for drafting shall be responsible for coordinating with units of the Government Office and relevant agencies to incorporate and perfect the draft document dossier according to the directives of the competent authority and promptly report to the leadership of the Ministry in charge.

7. For the decree prescribed in point c of Clause 1 of Article 14 of the Law, during the Government's consideration and approval of the decree draft or seeking opinions from the Standing Committee of the National Assembly on the issuance of the decree, the leading unit responsible for drafting shall coordinate with relevant agencies to incorporate the opinions of members of the Government and the Standing Committee of the National Assembly to perfect the draft document.

8. In cases where the decree draft is approved, the leading unit responsible for drafting shall report to the leadership of the Ministry in charge for the dossier to be signed by the Prime Minister to issue the Decree.

In cases where the decree draft is not approved, the leading unit responsible for drafting shall coordinate with relevant agencies to study, incorporate, and perfect the draft document according to the Government's directives, report to the Minister for consideration, and submit the corrected and perfected decree dossier to the Government.

Article 13. Drafting, reviewing, submitting to the Government for approval the draft resolution of the Government as stipulated in points a and b Clause 2 Article 14 of the Law and the resolution implementing pilot certain policies different from decrees and resolutions of the Government

The leading unit responsible for drafting shall be responsible for implementing the following contents:

1. Develop a detailed drafting plan, report to the Department Leader responsible for review and approval, while sending it to the Legal Affairs Department for monitoring and urging progress.

2. Based on the approved detailed draft plan, the leading unit responsible for drafting shall be responsible for:

a) Preparing the draft document file in accordance with the provisions of point b, Clause 1, Article 32 of Decree No. 78/2025/NĐ-CP. In this regard, the draft proposal must clearly state the contents stipulated in Article 6 of Decree No. 78/2025/NĐ-CP;

b) Organizing the solicitation of opinions on the draft resolution in accordance with the provisions of point c, Clause 1, Article 32 of Decree No. 78/2025/NĐ-CP;

c) Develop a comprehensive summary of opinions, responses, and explanations for all comments received. Send to the Vietnam Industry Newspaper to publish the summary of opinions, responses, and explanations on the Ministry of Industry and Trade's electronic portal and on their own website (if available) no later than 25 days from the end of the comment period, with a minimum publication duration of 30 days;

d) Take the lead, coordinate with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other relevant agencies and organizations to organize communication about the draft from the time of soliciting comments until submission to the Government for approval. The content and form of communication shall be carried out according to Article 3 Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the drafting unit to achieve effectiveness and social consensus.

3. Based on the revised and finalized draft resolution dossier, consistent with relevant agencies, the drafting unit submits the draft resolution dossier to the Minister for approval according to point b Clause 1 Article 34 of Decree No. 78/2025/NĐ-CP to submit to the Government.

4. During the Government's review and approval process of the draft resolution, the drafting unit is responsible for leading and coordinating with the Government Office and related agencies to incorporate the opinions of Government members, revise, and finalize the draft.

In case the draft resolution has not been approved, the drafting unit coordinates with related agencies to study, incorporate, revise, and finalize the draft according to the Government's directives, report to the Minister for review, and submit the revised and finalized draft resolution dossier to the Government.

Article 14Drafting, reviewing, submitting to the Government for approval the draft resolution of the Government to implement pilot certain policies without existing laws regulating within the Government's jurisdiction

The leading unit responsible for drafting shall be responsible for implementing the following contents:

1. Develop a detailed drafting plan, report to the Department Leader responsible for review and approval, while sending it to the Legal Affairs Department for monitoring and urging progress.

2. Based on the approved detailed draft plan, the leading unit responsible for drafting shall be responsible for:

a) Survey and assess the current social relations related to the draft document and evaluate the impact of the policy in the draft document according to point a Clause 1 Article 27 of Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process. If necessary, the leading unit responsible for drafting may propose and submit to the leadership of the Ministry in charge for signing the Decision to establish the Drafting Team according to point b of Clause 1 of Article 27 of Decree No. 78/2025/NĐ-CP;

c) Preparing the draft document file in accordance with Clause 4, Article 32 of Decree No. 78/2025/NĐ-CP. In this regard, the draft proposal must clearly state the contents stipulated in Article 6 of Decree No. 78/2025/NĐ-CP;

d) Organizing public opinion and social debate on the dossier at point c of this clause according to point d and point đ of Clause 1 of Article 27 of Decree No. 78/2025/NĐ-CP;

đ) Sending the draft document dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade’s electronic portal and on its own website (if available) for a minimum period of 10 days for agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Compiling a comprehensive summary of opinions, incorporating and explaining all comments and social feedback. Sending to the Vietnam Economic News Agency to publish the summary of opinions, incorporation, and explanation of comments on the electronic portal of the Ministry of Industry and Trade and on its own website (if available) no later than 25 days from the end date of the opinion solicitation period, with a minimum publication period of 30 days;

g) Leading and coordinating with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other relevant agencies and organizations to communicate the draft from the time of soliciting opinions until it is presented to the Government for approval. The content and form of communication are carried out according to Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit responsible for drafting to achieve effectiveness and social consensus.

3. Submit the draft document dossier to the Ministry of Justice for review according to Clause 1 Article 33 of Decree No. 78/2025/NĐ-CP through the Department Leader responsible. If the dossier does not meet requirements, the drafting unit is responsible for supplementing the dossier according to the Ministry of Justice's request.

4. In case the review opinion is that the draft document meets conditions for submission to the Government or only meets conditions after incorporating and perfecting, the drafting unit is responsible for studying, incorporating, revising, and perfecting the draft resolution according to Clause 2 Article 34 of Decree No. 78/2025/NĐ-CP before reporting to the Minister for submission to the Government.

5. In case the review opinion is that the draft document does not meet conditions for submission to the Government, the drafting unit is responsible for studying, incorporating, and revising the draft and reporting to the Department Leader responsible to resubmit the draft document dossier to the Ministry of Justice for review. During the process of perfecting the draft dossier which significantly changes, omits, or adds new elements compared to the reviewed dossier, the drafting unit must submit the changes, omissions, and new additions to the Minister for consideration and decision.

Based on the revised and finalized draft resolution dossier, consistent with relevant agencies, the drafting unit submits the draft resolution dossier to the Minister for approval according to Clause 2 Article 34 of Decree No. 78/2025/NĐ-CP to submit to the Government.

6. During the Government's review and approval process of the draft resolution, the drafting unit is responsible for leading and coordinating with the Government Office and related agencies to incorporate the opinions of Government members, revise, and finalize the draft.

In case the draft resolution has not been approved, the drafting unit coordinates with related agencies to study, incorporate, revise, and finalize the draft according to the Government's directives, report to the Minister for review, and submit the revised and finalized draft resolution dossier to the Government.

Article 15. Drafting, submitting for review, and presenting to the Prime Minister for signing and promulgating the decision

The leading unit responsible for drafting shall be responsible for implementing the following contents:

1. Reporting to the leadership of the Ministry in charge for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Department of Legal Affairs for monitoring and urging progress.

2. Based on the detailed drafting plan that has been approved, the drafting unit shall be responsible for implementing the following contents:

a) Summarizing and evaluating current regulatory legal documents, conducting surveys and assessing the actual status of social relations related to the draft document for cases where issuing a document is prescribed in Clause 2 and Clause 3 of Article 15 of the Law according to Point a, Clause 1, Decree No. 78/2025/NĐ-CP;

b) Organizing the drafting process. In necessary cases, the leading drafting unit shall propose and submit to the Department Leader in charge for signing and promulgating the Decision to establish the Drafting Team according to Point b, Clause 1, Article 36, Decree No. 78/2025/NĐ-CP;

c) Prepare the draft document dossier in accordance with Clause 2, Article 36 of Decree No. 78/2025/NĐ-CP. Among which, the draft Presentation Report must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP.

d) Organize the solicitation of opinions on the dossier as stipulated in Point d, Clause 1, Article 36 of Decree No. 78/2025/NĐ-CP.

đ) Sending the draft document dossier to the Vietnam Industry Newspaper for publication on the Ministry of Industry and Trade’s electronic portal and on its own website (if available) for a minimum period of 10 days for agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;

e) Building a comprehensive summary of opinions, incorporating feedback, and explaining all comments received. Submitting to the Vietnam Industry Newspaper to publish the summary of opinions, incorporated feedback, and explanations of comments on the Ministry of Industry and Trade's electronic portal and on their own website (if available) no later than 25 days from the end date of the comment period, with a minimum publication time of 30 days;

g) Leading and coordinating with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other relevant agencies and organizations to organize communication about the draft from the start of the comment period until it is submitted to the Prime Minister for signing and promulgating the decision. The content and form of communication shall be carried out according to Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading drafting unit to achieve effectiveness and societal consensus;

3. Submitting the draft proposal file to the Department Leader in charge for sending to the Ministry of Justice for review according to Clause 1, Article 37, Decree No. 78/2025/NĐ-CP. If the file does not meet the requirements, the leading drafting unit shall be responsible for supplementing the file according to the Ministry of Justice's recommendations;

4. In cases where the review opinion is that the draft document meets the conditions for submission to the Prime Minister or only meets the conditions for submission after incorporating feedback and completing, the leading drafting unit shall be responsible for researching, incorporating feedback, revising, and completing the draft decision file, reporting to the Minister for submission to the Prime Minister, while simultaneously sending to the Ministry of Justice according to Clause 2, Article 38, Decree No. 78/2025/NĐ-CP;

5. In cases where the review opinion is that the draft document does not meet the conditions for submission to the Prime Minister, the leading drafting unit shall be responsible for researching, incorporating feedback, revising the draft, and reporting to the Department Leader in charge for resubmitting the draft document file to the Ministry of Justice for re-review. During the process of completing the draft file, if significant changes, deletions, or new additions occur compared to the reviewed file, the leading drafting unit shall submit these changes, deletions, or new additions to the Minister for consideration and decision;

Based on the revised and completed draft document file, reaching consensus with relevant agencies, the leading drafting unit shall submit the draft decision file for the Minister's review and approval according to Clause 2, Article 38, Decree No. 78/2025/NĐ-CP for submission to the Prime Minister, while simultaneously sending to the Ministry of Justice;

 

Section 3

BUILDING AND ISSUING THE MINISTER'S CIRCULAR MINISTRY OF INDUSTRY AND TRADE

 

Article 16. Process proposing, drafting the circular

1. Except for cases of building a circular detailing higher-level regulatory legal documents according to the decision of the competent authority, the proposing unit shall submit to the Deputy Minister in charge for approval of the principle regarding the construction of the circular within the Minister's jurisdiction.

2. The report requesting approval of the principle to build the circular under Clause 1 of this Article must clearly specify the following contents: political and legal basis, practical grounds; proposed detailed drafting plan; assignment, resources, implementation schedule; necessity of establishing a Drafting Team (if applicable); proposed list, quantity, scale of direct affected entities by the document. For cases proposing to build the circular through simplified procedures, the report requesting approval of the principle must include the content proposing the application of simplified procedures according to Clause 3, Article 51 of the Law.

The detailed drafting plan must be sent to the Legal Affairs Department for monitoring and urging progress.

3. In cases of establishing a Drafting Team, the leading drafting unit shall submit to the Department Leader in charge for deciding to establish the Drafting Team including: the head of the leading drafting unit as the Team Leader; the leader of the leading drafting unit as the Permanent Deputy Team Leader; representatives from the Legal Affairs Department; representatives from the Ministry Office (in cases where the circular contains administrative procedures); representatives from the Planning, Finance, and Enterprise Management Department (in cases where the circular relates to financial, budgetary, investment, statistical, economic-technical norms, pricing standards); representatives from the Bureau of Innovation, Green Transition, and Promoting Small and Medium Enterprises (in cases where the circular relates to standards, regulations, scientific and technological applications, innovation promotion); representatives from the Bureau of E-commerce and Digital Economy (in cases where the circular relates to online public services, digital transformation); representatives from the Party Committee of the Ministry (in cases where the competent authority specifically directs on viewpoints, policies, directions, and requirements); relevant agencies, organizations, experts, and scientists (as necessary).

4. During the drafting process, the leading drafting unit shall be responsible for:

a) Building the draft circular file according to Point b, Clause 2, Article 39, Decree No. 78/2025/NĐ-CP;

b) Submitting to the Vietnam Industry Newspaper to publish the draft circular file on the Ministry of Industry and Trade's electronic portal and on their own website for at least 10 days for agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions.

c) Organize to solicit opinions from entities directly affected by the circular and relevant agencies and organizations. The leading unit responsible for drafting shall be responsible for soliciting opinions from the Office of the Ministry in cases where the circular contains administrative procedures; the Department of Planning, Finance and Enterprise Management in cases where the draft circular includes content related to financial mechanisms and policies, state budget, investment, statistics, economic and technical norms, pricing norms; the Department of Multilateral Trade Policy and the Department of Overseas Market Development in cases where the draft circular includes content on domestication of international treaties; the Agency for Innovation, Green Transition and Promoting Small and Medium Enterprises in cases where the content of the circular relates to standards, regulations, application and promotion of science and technology, innovation; the Agency for E-commerce and Digital Economy in cases where the content of the circular relates to online public services, digital transformation.

Depending on the nature and content of the draft circular, the leading unit responsible for drafting may solicit opinions from other ministries, equivalent agencies, government agencies, People's Councils, provincial People's Committees, relevant agencies and organizations, experts, and scientists. In cases where opinions are solicited in writing, the period for soliciting opinions is 10 days from the date of solicitation;

d) Take the lead and coordinate with the Vietnam Economic News, Vietnam Economic Journal, and other relevant organizations and individuals to organize communication of the draft from the date of solicitation until submission to the Minister for approval. The content and form of communication shall be carried out in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other contents deemed necessary by the leading unit to achieve effectiveness and social consensus;

đ) Prepare a comprehensive summary of opinions, adoption, and explanations of all comments. Send the Vietnam Economic News to publish the summary of opinions, adoption, and explanations of comments on the Ministry of Industry and Trade's electronic portal and publish on their own website (if available) no later than 25 days from the end of the opinion solicitation period, with a minimum publication time of 30 days;

6. During the process of soliciting opinions and communicating the draft circular, the leading unit responsible for drafting promptly summarizes and reports to the Deputy Minister in charge and the Minister for guidance on major issues that still have differing opinions;

Article 17. Submit the dossier for review

1. The leading unit responsible for drafting submits the electronic and one paper copy of the dossier for review, including the documents specified in Clause 3 or Clause 4 of this Article, to the Legal Department;

2. The Legal Department receives and checks the dossier of the draft circular submitted by units for review. In cases where the components of the dossier for review do not meet the requirements stipulated in Clause 3 or Clause 4 of this Article, within one working day from the date of receipt of the dossier, the Legal Department requests the leading unit responsible for drafting to supplement the dossier;

3. The dossier for requesting review of the draft circular includes:

a) A letter requesting review from the leading unit responsible for drafting;

b) The draft report according to Model No. 02 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP;

c) The draft circular;

d) The assessment of administrative procedures, the division of tasks and powers delegated according to Model No. 06 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP (if applicable);

đ) Report on the implementation of laws or evaluation of the current social relations related to the draft Circular (for cases of issuing a circular as provided for in Clause 2, Article 18 of the Law) according to Model No. 08 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP;

e) Summary, explanation, and adoption of opinions from agencies, organizations, and individuals according to Model No. 09 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP;

g) Review document of the Ministry of Science and Technology in cases where the draft circular includes content related to national technical standards;

h) Other documents as prescribed (if applicable);

4. The dossier for requesting review of the draft circular issued through simplified procedures includes:

a) A letter requesting review from the leading unit responsible for drafting;

b) The draft report according to Model No. 02 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP;

c) The draft circular;

d) Summary, explanation, and adoption of opinions from agencies, organizations, and individuals (if applicable) according to Model No. 09 Appendix IV promulgated together with Decree No. 78/2025/NĐ-CP;

đ) Other documents (if applicable);

5. Time limit for organizing the review:

a) Not exceeding seven working days from the date the Legal Department receives a complete and valid dossier for review of the draft circular, and not exceeding ten working days for complex draft circular content involving multiple sectors and fields;

b) Not exceeding five working days from the date the Legal Department receives a complete and valid dossier for review of the draft circular that has been developed and issued through simplified procedures;

Article 18. Organizing the review of the draft circular

1. The Legal Department is responsible for organizing the review through a review board for draft circulars prepared by units under the Ministry, except in the following cases:

a) Circulars developed through simplified procedures;

b) Circulars promulgating technical standards and economic and technical norms of the sector and field which have been reviewed and approved by competent authorities in accordance with the law;

c) Circulars without viewpoints and content on fundamental issues that still have differing opinions among agencies, organizations, and authorized persons.

In cases where a review board is not organized, the Legal Department organizes a meeting for review or solicits review opinions in writing.

If necessary, the Legal Department, upon the Minister's instruction, invites representatives of other ministries, equivalent agencies, relevant agencies and organizations, experts, scientists, and direct stakeholders to participate in the review or to provide written review opinions.

2. In cases where the review is conducted through a review board, the Legal Department is responsible for proposing the composition and structure of the review board. The composition of the review board shall include at least the following members: Chairman of the Board, members representing relevant units inside and outside the Ministry, representative of the Party Committee of the Ministry, secretary of the review board. The Director of the Ministry's Office signs on behalf of the Minister to establish the review board based on the proposal of the Legal Department.

The review board ceases operations and dissolves itself after the conclusion of the review board meeting.

3. The Legal Affairs Department shall send the meeting materials for review to the participating members at least three working days before the date of the review meeting. The agencies, organizations, individuals whose opinions are sought, participants in the review meeting, or the review board shall be responsible for reviewing the contents within their functional scope, tasks, and expertise, and may provide opinions on other relevant matters if deemed appropriate. The opinion of the person sent by the agency or organization to participate in the review is considered the representative opinion of that agency or organization.

In cases where it is not possible to attend the review board meeting or the review meeting, the member of the review board or the participant in the review meeting must submit their review opinion in writing to the Legal Affairs Department before the date of the meeting. The written opinion will be publicly presented at the review meeting and recorded in the minutes of the review meeting.

4. The review content focuses on the following issues:

a) The necessity of issuing the circular; the scope of regulation and the objects of application of the circular;

b) The consistency of the draft circular's content with the Party's guidelines and policies, and the State's policies;

c) The constitutionality, legality, and consistency of the draft circular with the legal system; compatibility with related international treaties to which the Socialist Republic of Vietnam is a party;

d) The necessity and rationality of administrative procedures, the delegation of tasks and powers, and gender equality (if applicable);

đ) Financial resources and human resources;

e) Language, format, presentation techniques, and the sequence and procedures for drafting the document.

5. The review report and the minutes of the review meeting must fully reflect the opinions on the contents stipulated in Clause 4 of this Article. The minutes of the review meeting must be prepared after the review board meeting or the review meeting and must be agreed upon by all participating members.

6. The unit assigned to lead the drafting shall be responsible for coordinating with related units to study and incorporate the review opinions to revise the draft.

Article 19Review Report

1. Within the latest five working days from the end of the review meeting, the Legal Affairs Department completes the review report and sends it to the leading drafting unit.

2. The leading drafting unit shall be responsible for studying, incorporating, and explaining the review opinions in the review report to revise and perfect the draft circular's dossier.

If there are differing opinions between the leading drafting unit and the review opinions, or the opinions of organizations and individuals directly affected by the document, the leading drafting unit shall report to the Ministry's leadership in charge or the Minister for consideration and decision, or organize meetings with related units to discuss and reach consensus before proceeding with the process specified in Article 20 of this Circular.

Article 20Procedure for Considering and Issuing the Circular

The leading drafting unit shall submit the draft circular's dossier to the Minister for signature and issuance. The dossier includes the documents prescribed in Clause 3 or Clause 4 of Article 17 of this Circular, along with the review report and the report on incorporating and explaining the review opinions.

Where there are opinions from authorized bodies, the leading drafting unit shall incorporate and revise the draft circular's dossier. The dossier submitted to the Minister for the draft circular includes:

1. The documents prescribed in Clause 3 or Clause 4 of Article 17 of this Circular, signed and stamped by the unit's leadership (if applicable), including the leading drafting unit's leadership signing off on all pages of the draft circular;

2. The review report;

3. The report on incorporating and explaining the review opinions;

4. A summary of the opinions from authorized bodies.

 

Chapter IV

ISSUANCE, PUBLICATION LEGAL REGULATIONS LEGISLATION

 

Article 21Issuance circular of the Minister of Industry and Tradejoint circulars drafted under the lead of the Ministry of Industry and Trade

1. After the circular or joint circular has been signed and issued by the Minister, the leading drafting unit shall submit two (2) paper copies of the signed circular or joint circular to the Ministry Office, one (1) of which must have the abbreviated signature of the unit's leadership on all pages of the draft circular, accompanied by an electronic copy, and shall be responsible for the accuracy of the electronic version compared to the original circular or joint circular.

2. The Ministry Office shall number the circular or joint circular, stamp it, archive it, reproduce it, and distribute it to the agencies, organizations, and individuals listed in the "Distribution" section of the circular or joint circular.

3. The Ministry Office shall monitor the effective date of the circular or joint circular during the issuance process to ensure compliance with the provisions of Article 53 of the Law.

Article 22. 3. Amend Clause 3 Article 2 as follows:ăng uploading on specialized agency under the People's Committee of the province/city.the official newspaper online, the Ministry of Industry and Trade's e-Government Portal, the National Legal Database

1. Uploading on the official online newspaper and the Ministry of Industry and Trade's e-Government Portal

a) Within three working days from the date of issuance, the leading drafting unit shall be responsible for sending the circulars and joint circulars (one paper copy marked "Document to be uploaded on the official online newspaper" and an electronic copy) to the Government Office in accordance with Clause 4, Article 7 of Decree No. 78/2025/NĐ-CP for publication on the official online newspaper; at the same time, send them to the Vietnam Industry and Trade Newspaper for uploading on the Ministry of Industry and Trade's e-Government Portal;

b) Circulars and joint circulars issued through simplified procedures must be sent to the Government Office on the same day they are signed for publication on the official online newspaper;

c) The leading drafting unit shall be responsible for not sending, sending late, or sending incomplete or inaccurate documents for uploading on the official online newspaper.

2. Uploading on the National Legal Database

Within two working days from the date of issuance by the competent authority, the leading drafting unit shall send the electronic version of the regulatory legal document (in ".pdf" format with red seal and in ".doc" format) to the Department of Legal Affairs for uploading on the National Legal Database, except for documents containing state secrets as prescribed by laws on state secrets or documents that are not allowed to be publicly posted on the internet.

 

Chapter V

IMPLEMENTATION OF LEGAL REGULATIONS

 

Article 23. Development and Issuance of Implementation Plan for Legal Regulations

1. An implementation plan for legal regulations shall be developed and issued for the following legal regulations:

a) Laws, resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly as specified in Clause 1, Article 27 of the Law;

b) Other legal regulations not falling under the cases specified in point a of this clause but requiring the development of an implementation plan according to the decision of the issuing agency or person with authority to issue such legal regulations, or according to the decision of the Minister.

2. The leading drafting unit of the legal regulation shall develop and report to the Minister for consideration and submission to the Prime Minister for issuance of the implementation plan for legal regulations concerning the legal regulations specified in point a of Clause 1 of this Article.

Based on the implementation plan for legal regulations issued by the Prime Minister, the leading drafting unit of the legal regulation shall develop and submit to the Minister for issuance of the implementation plan for legal regulations within the jurisdiction of the Ministry of Industry and Trade.

3. For the case specified in point b of Clause 1 of this Article, the leading drafting unit of the legal regulation shall develop and submit to the Minister for issuance or to the competent authority for issuance of the implementation plan for legal regulations.

4. The timeframe for developing and issuing the implementation plan for legal regulations and the contents of the implementation plan shall comply with the provisions of Article 4 of Decree No. 80/2025/NĐ-CP.

Article 24. Popularizing and educating about laws

1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in managing state administration regarding popularizing and educating about laws; building and submitting to the Minister for issuance the annual plan on popularizing and educating about laws before January 1 of each planning year.

2. Units under the Ministry shall perform tasks related to popularizing and educating about laws within their assigned sectors and fields.

3. Providing information for press releases

a) For laws, ordinances, resolutions containing legal regulations of the National Assembly, the Standing Committee of the National Assembly after the State President signs the promulgation decree: The drafting unit shall provide information to the Office of the State President about the legal regulatory document to serve the construction of the press release in accordance with Article 12 of the Law on Popularizing and Educating about Laws 2012.

b) For decrees, resolutions containing legal regulations of the Government, decisions of the Prime Minister after issuance: The drafting unit shall provide information to the Ministry of Justice about the legal regulatory document no later than the fifth day of the following month to serve the construction of the press release, while sending it to the Legal Affairs Department for general monitoring.

The content of the information provided shall be carried out according to the model attached to Circular No. 07/2021/TT-BTP dated November 1, 2021 issued by the Minister of Justice on issuing press releases about legal regulatory documents issued by the Government and the Prime Minister.

Article 25. Guidance on applying legal regulatory documents; professional guidance on implementing legal regulatory documents

1. Guidance on applying legal regulatory documents shall be implemented for legal regulatory documents specified in Clause 1, Article 61 of the Law in cases prescribed in Clause 1, Article 60 of the Law.

2. The drafting unit of the legal regulatory document shall be responsible for receiving, reviewing the content of requests and proposals from agencies, organizations, and individuals regarding guidance on applying the circular issued by the Minister of Industry and Trade to report to the Minister for consideration and issuance of the guidance document. The reporting dossier to the Minister includes the following documents:

a) Memorandum or Request Form for the Minister;

b) Draft document on guidance on applying the circular; original or copy of the circular requiring guidance on application;

c) Document requesting or proposing guidance from agencies, organizations, and individuals;

d) Opinions of related agencies, organizations, and units (if any);

đ) Other documents (if necessary).

3. In cases where the Government or the Prime Minister delegates the Minister of Industry and Trade to issue guidance documents on applying legal regulatory documents issued by the Government or the Prime Minister, the drafting unit of the legal regulatory document shall be responsible for reviewing the content requiring guidance and reporting to the Minister for consideration and issuance of the guidance document. The reporting dossier to the Minister includes the following documents:

a) Documents and materials specified in points a, c, d, đ of Clause 2 of this Article;

b) Draft document on guidance on applying legal regulatory documents; original or copy of the legal regulatory document requiring guidance on application;

c) Delegation document of the Government or the Prime Minister.

4. Principles and criteria for guidance on applying legal regulatory documents shall be implemented in accordance with Clause 2, Article 61 of the Law.

5. Receiving, processing requests and proposals for guidance on applying legal regulatory documents and publishing guidance documents shall be carried out in accordance with Article 5 of Decree No. 80/2025/NĐ-CP.

6. Units under the Ministry shall advise and assist the Minister in providing professional guidance on implementing legal regulatory documents related to the sectors and fields under the management function of the Ministry of Industry and Trade as stipulated in Article 6 of Decree No. 80/2025/NĐ-CP.

Article 26. Inspection, review, systematization, and handling of regulatory legal documents 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

2. The Legal Affairs Department shall draft and submit to the Minister for issuance the annual plan for inspection, review, systematization, and handling of regulatory legal documents before January 1st of each planning year; drafting the annual report on the inspection, review, systematization, and handling of regulatory legal documents to be submitted to the Minister for submission to the Ministry of Justice for consolidation and reporting to the Prime Minister.

3. Units under the Ministry shall be responsible for assisting the Minister in conducting reviews and systematizations of documents within their authority and responsibilities as stipulated in Clause 2, Article 64 of the Law, covering areas under their respective jurisdictions; drafting and submitting to the Minister for issuance or submitting to the Prime Minister for issuance plans for specialized, sectoral, or regional reviews of regulatory legal documents as provided for in Article 46 of Decree No. 79/2025/NĐ-CP.

4. In cases where regulatory legal documents issued by the Minister or documents specified in Clause 4, Article 63 of the Law are found by competent authorities to have signs of contravening the law, the unit primarily responsible for drafting such regulatory legal documents shall be responsible for reviewing, providing detailed explanations, and reporting to the Minister for consideration and decision.

5. The inspection, review, systematization, and handling of regulatory legal documents shall be carried out in accordance with the provisions of Articles 63 and 64 of the Law and Decree No. 79/2025/NĐ-CP.

Article 27. Consolidation of Regulatory Legal Documents

1. Heads of units under the Ministry shall be responsible for organizing the consolidation of regulatory legal documents drafted by their units when they are amended or supplemented, including:

a) Government and Prime Minister's regulatory legal documents;

b) Circulars of the Minister of Industry and Trade, joint circulars where the Ministry of Industry and Trade is the primary drafting agency.

2. Heads of units under the Ministry shall be responsible for ensuring compliance with deadlines, accuracy of content and technical aspects of consolidation as prescribed by the Standing Committee of the National Assembly.

3. Publishing consolidated documents on the Official Gazette, electronic information portal, and the National Legal Database

a) For documents specified in point a, Clause 1 of this Article, within two working days from the date of signing confirmation, the unit consolidating the document shall send the consolidated document to the Government Office for publication on the Government Portal and in the Official Gazette; and send it to the Legal Affairs Department for updating on the National Legal Database.

b) For documents specified in point b, Clause 1 of this Article, within two working days from the date of signing confirmation, the unit consolidating the document shall send the consolidated document to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade’s electronic portal; send the consolidated document to the Government Office for publication in the Official Gazette; and send it to the Legal Affairs Department for updating on the National Legal Database.

b) As for the document specified in point b, Clause 1, Article herein, within two working days from the date of signing the verification, the unit implementing the consolidation shall send the consolidated document to the Vietnam Industry News for publication on the Ministry of Industry and Trade's electronic portal; send the consolidated document to the Government Office to carry out the publication in the Official Gazette; send it to the Legal Department to update on the National Legal Database.

Article 28. Codification of Legal Normative Documents

1. The heads of units under the Ministry shall be responsible for organizing the codification of legal normative documents drafted by their units; legal norms within legal normative documents adjusting issues within the scope of state management assigned to the Ministry by agencies, organizations, and National Assembly representatives.

2. The heads of units under the Ministry shall be responsible for ensuring deadlines, accuracy of content, compliance with procedures and formalities, and adherence to codification techniques as prescribed in the Ordinance of the Standing Committee of the National Assembly.

Article 29. Monitoring and Inspecting the Implementation of Legal Work 1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice.

2. Units under the Ministry shall advise and assist the Minister in organizing the implementation of laws and inspecting legal implementation work related to sectors and fields under their management within the Ministry of Industry and Trade's state management functions.

3. The Legal Affairs Department shall advise and assist the Minister in inspecting legal implementation work for units under the Ministry and conducting comprehensive inspections of legal implementation work related to sectors and fields under the Ministry of Industry and Trade's state management functions to serve the development and adjustment of legislative orientations for the National Assembly's term.

4. Inspection of legal implementation work shall be carried out according to the provisions of Article 14 of Decree No. 80/2025/NĐ-CP.

Article 30. Inspection of Administrative Violation Handling Law Enforcement Work

1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in drafting, issuing plans, and implementing inspections of administrative violation handling law enforcement work as prescribed in the Government's Decree on inspection and disciplinary measures in the enforcement of administrative violation handling laws.

2. Based on the objectives and requirements set forth in the plan for inspecting administrative violation handling law enforcement work issued by the Minister and relevant legal provisions, the heads of units under the Ministry shall be responsible for self-inspecting administrative violation handling law enforcement work within their units and inspecting persons authorized to handle administrative violations within their management scope.

Article 31. Responsibilities of Units Under the Ministry

 

Chapter VI

IMPLEMENTATION

 

1. Responsibilities of the unit proposing construction, the main drafting unit:

a) Ensuring the proposal for construction, drafting, and promulgation of legal normative documents in accordance with the procedures stipulated in the Law, Decree No. 78/2025/NĐ-CP, and this Circular;

b) Being accountable to the Minister for the progress and quality of policy proposals, drafting; policy communication and draft legal normative documents; the thorough incorporation and explanation of all comments, consultations, social critiques, reviews, and audits;

c) For units with legal affairs organizations and personnel, ensuring the participation of legal affairs organizations and personnel in the drafting and implementation of legal normative documents;

d) Reviewing standards and conditions for improving legal affairs organizations and personnel in their units, compiling lists of legal personnel at units to be submitted to the Legal Affairs Department for consolidation and submission to the Minister for issuance of the list of legal personnel at units under the Ministry;

đ) Coordinating with the Vietnam Industry News, Vietnam Industry Magazine, and other agencies and organizations to organize policy communication and draft legal normative document dissemination as stipulated in Article 3 of Decree No. 78/2025/NĐ-CP;

e) Implementing the publication of administrative procedures in legal normative documents drafted by their units and cooperating with the Ministry Office in other administrative procedure control activities as stipulated in Circular No. 18/2018/TT-BCT dated July 19, 2018, of the Minister of Industry and Trade on administrative procedure control activities within the Ministry of Industry and Trade's functional scope;

g) Reviewing and sending lists of experts and scientists in their units' areas of state management to the Legal Affairs Department for consolidation and submission to the Minister for approval of lists of experts and scientists in the industry sector as a basis for units to refer to and select consultants for legal normative document drafting activities;

h) Reporting the progress of legal normative document drafting of the Ministry of Industry and Trade according to the model attached as Appendix II of this Circular to the Legal Affairs Department via email: [email protected] no later than 11:00 AM every Friday and being accountable to the Minister for the progress report of their unit's document;

i) Ensuring that circulars and joint circulars are fully transmitted to competent authorities for monitoring, inspection, and electronic gazette publication as required;

k) Summarizing and concluding the implementation of legal normative documents as prescribed in Article 9 of Decree No. 80/2025/NĐ-CP;

l) Performing other tasks as prescribed by the Law, Decree No. 78/2025/NĐ-CP, Decree No. 79/2025/NĐ-CP, Decree No. 80/2025/NĐ-CP, and this Circular.

2. Responsibilities of the Legal Affairs Department:

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

b) Guiding units in reporting progress; urging and consolidating progress reports on legal normative document drafting of the Ministry;

c) Drafting six-monthly, annual, or ad hoc reports on legal normative document drafting work as directed by the Ministry Leadership or requested by competent authorities;

d) Consolidating and submitting to the Minister for issuance of the list of legal personnel at units under the Ministry.

d) Compile and submit to the Minister for promulgation the List of personnel engaged in legal work at units under the Ministry.

d) Compile and submit to the Minister for review and approval the list of experts and scientists in the field of Industry and Trade;

e) Guide and urge the consolidation of regulatory legal documents and codification of regulatory legal documents of relevant units;

g) Take the lead and coordinate with other agencies and organizations to organize the translation of regulatory legal documents in accordance with Article 8 of Decree No. 78/2025/NĐ-CP;

h) Perform other tasks related to the organization of implementation of regulatory legal documents as stipulated in this Circular.

3. Responsibilities of the Office of the Ministry:

a) Provide comments on decisions to publish administrative procedures in regulatory legal documents in accordance with Circular No. 18/2018/TT-BCT;

b) Supervise the implementation of administrative procedures: Publicize administrative procedures in regulatory legal documents; receive, assign, monitor, and urge the handling of complaints and suggestions regarding administrative procedures within the industry and trade sector as stipulated in regulatory legal documents; take the lead in assigning specialized units to conduct reviews and evaluations of administrative procedures within the industry and trade sector in accordance with Circular No. 18/2018/TT-BCT;

c) Monitor the effective date of circulars during the issuance process to ensure compliance with the provisions of Article 53 of the Law;

d) Coordinate with units under the Ministry in communication work concerning draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP;

e) Fulfilling other tasks as prescribed in this Circular.

4. Responsibilities of the Vietnam Industry and Trade Newspaper:

a) Publish draft regulatory legal documents for public comment, explanations, and responses on the Ministry of Industry and Trade's electronic portal and send comments to the Ministry of Industry and Trade's electronic portal for the drafting unit to consider and respond or inform the drafting unit if no comments are received after the consultation period has ended;

b) Coordinate with units under the Ministry and other media and communication units in organizing communication work concerning draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP.

5. Responsibilities of the Vietnam Industry and Trade Magazine:

Coordinate with units under the Ministry and other media and communication units in organizing communication work concerning draft regulatory legal documents in accordance with Article 3 of Decree No. 78/2025/NĐ-CP.

Article 32. Responsibilities of Legal Departments and Legal Officers at Units Under the Ministry

1. Review and provide comments on proposals for legislative tasks for the National Assembly's term; propose documents for inclusion in the annual legislative program of the National Assembly; propose policies or new policy supplements for regulatory legal documents; propose the development and before submitting to competent authorities for government decrees, resolutions, prime minister decisions, and ministerial circulars.

2. Participate in the drafting process and guide the application of regulatory legal documents drafted by the main drafting units.

3. Review the procedures and processes for developing regulatory legal documents, draft document files; review and ensure the format and presentation techniques of documents drafted by the main drafting units.

4. Monitor and urge progress on regulatory legal documents drafted by the main drafting units. Serve as the focal point for reporting on the progress of regulatory legal document development periodically or upon request from the Legal Department.

5. Lead the codification of regulatory legal documents and consolidation of related documents within the scope of management of their units in accordance with the law.

Article 33Ensure human resources and material conditions for the development, issuance and organization of implementation 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

1. The leadership of the Ministry and heads of units under the Ministry within their functional responsibilities, duties, and powers shall allocate personnel, financial support, working tools, information, and other necessary conditions for the development, issuance, and organization of implementation of regulatory legal documents.

2. Organizations and individuals engaged in legal work shall enjoy special mechanisms and policies for the development, issuance, and organization of implementation of regulatory legal documents in accordance with the law.

Article 34Financial resources for development and issuance and organization of implementation 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

1. The Department of Planning, Finance, and Enterprise Management shall allocate state budget funds for the annual development, issuance, and organization of implementation of regulatory legal documents of the Ministry of Industry and Trade in accordance with current regulations.

2. The allocation of financial support for the development and issuance of regulatory legal documents for units under the Ministry shall be carried out according to the分级任务的原因是由于单行的文本过长，直接处理可能导致信息丢失或翻译不准确。我会逐条提供翻译结果，请您确认接收。这符合您的要求，即每行输入对应一行输出，保持原始格式不变。接下来是第一条翻译内容：

3. The Department of Innovation, Green Transition and Promotional Activities shall coordinate with the Department of Planning, Finance and Enterprise Management to allocate funds for research topics providing scientific and practical bases serving the drafting of regulatory legal documents with broad scope, complexity, and potential significant impact, proposed by the unit primarily responsible for drafting the document or the Legal Department, in accordance with the annual science and technology plan guidance issued by the Ministry.

Article 35. Commendation and Awards

1. Compliance with the schedule for drafting regulatory legal documents detailed in the draft preparation plan approved by the Ministry’s leadership or decided upon by the competent authority, and not in violation of the law, is one of the grounds for evaluating and considering commendations and awards annually for individuals and units under the Ministry.

2. The unit assigned as the focal point for commendation and award activities shall seek the Legal Department's opinion on the progress of document drafting by units under the Ministry when conducting annual evaluations and considerations for commendations and awards for individuals and units under the Ministry.

Article 36. Handling responsibility1. The Minister shall examine and handle collective and individual responsibility of the head of the unit assigned to draft regulatory legal documents in accordance with Article 68 of the Law.

2. Leaders of the Ministry who are tasked with directing the development of regulatory legal documents within their assigned fields and fail to meet deadlines shall be criticized within the Ministry's leadership team, except where they have timely led and directed the drafting process in accordance with this Circular.

1. This Circular takes effect from April 30, 2025, replacing Circular No. 47/2023/TT-BCT dated December 29, 2023, issued by the Minister of Industry and Trade on the issuance of regulatory legal documents by the Ministry of Industry and Trade.

Chapter VII

IMPLEMENTING PROVISIONS

 

Article 37. Effective date

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

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