Circular No. 22/2011/TT-BCT stipulates on the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade.

CIRCULAR

regulations on the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Legislative Acts dated June 3, 2008;

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

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

The Minister of Industry and Trade stipulates the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the preparatory work, procedures, and formalities for drafting, examining, and issuing legal normative documents that are primarily developed or issued by the Ministry of Industry and Trade within its authority.

Article 2. Applicability

1. Departments, Bureaus, Institutes, Office of the Ministry, and the Inspectorate of the Ministry (hereinafter referred to as units under the Ministry).

2. Other organizations and individuals related to the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade.

Article 3. Directives on the drafting, review, and issuance of normative legal documents

1. The Minister directly oversees all aspects of the drafting, examination, and issuance of legal normative documents of the Ministry of Industry and Trade.

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

Chapter II

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATIONS OF THE MINISTRY

Article 4. Program for Drafting Legal Normative Documents of the Ministry of Industry and Trade

1. The Program for Drafting Legal Normative Documents of the Ministry of Industry and Trade (hereinafter referred to as the Program) is compiled based on tasks assigned by competent authorities, proposals from units under the Ministry, and reviewed by the Department of Law.

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

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

b) Level of submission or issuance for each document;

c) Time for submission and issuance of each document;

d) Leading unit in drafting for each document;

d) Other necessary contents.

3. The Program is signed and issued by the Minister and may be adjusted or supplemented by the Minister according to the provisions of Article 11 of this Circular.

The Program is issued in accordance with the model specified in Appendix 1 of this Circular.

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

Article 5. Preparation of the Program

1. Prior to registering in the Program, units planning to register must conduct the following activities to serve as the basis for proposing the drafting of documents:

a) Reviewing relevant policies of the Party and laws of the State to clarify the legal basis and compatibility with the Party's policies and State laws;

b) Reviewing previously issued related documents, commitments in international treaties to which the Socialist Republic of Vietnam is a member or plans to become a member, to avoid overlap and identify contents that need modification, supplementation, or replacement;

c) Organizing research, surveys, seminars, discussions, statistical evaluations of practical situations, international experiences, and the necessity of issuing documents, scope, subjects regulated, preliminary impact assessment (if necessary).

2. Units are responsible for reporting to the Ministry's leadership about prepared materials according to the provisions of Clause 1 of this Article and sending them to the Department of Law for review of proposals to draft documents.

Article 6. Proposals and Suggestions for Drafting Legal Normative Documents

1. Units under the Ministry are responsible for preparing proposals for developing normative legal documents and submitting them to the Department of Legal Affairs for consolidation and reporting to the Minister according to the following deadlines:

a) Before January 31 of the first year of the National Assembly term for proposals to draft laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly (hereinafter referred to as laws and ordinances) for that National Assembly term;

b) Before October 15 each year for proposals to develop laws and ordinances for the following year;

c) Before July 1 annually for proposals to draft decrees of the Government and decisions of the Prime Minister for the following year;

d) Before November 30 annually for circulars of the Minister and joint circulars primarily drafted by the Ministry of Industry and Trade (hereinafter referred to as circulars) for the following year.

2. Agencies, organizations, and individuals can submit suggestions for drafting laws, ordinances, and decrees in writing to the Department of Law or through the Ministry of Industry and Trade's website (www.moit.gov.vn). The Department of Law is responsible for coordinating with units under the Ministry to examine and consolidate these suggestions to report to the Minister.

3. The Department of Law is responsible for publishing on the Ministry's website explanations of proposals to draft laws, ordinances, and decrees and preliminary impact assessments of the documents for at least twenty (20) days for agencies, organizations, and individuals to provide comments.

Article 7. Proposal Documents for Regulatory Legal Instruments

1. For laws and ordinances, the proposal filing process is carried out according to the provisions of Article 4 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and implementing the Law on Issuing Legal Normative Documents (hereinafter referred to as Decree No. 24/2009/NĐ-CP).

2. For decrees of the Government, the proposal filing includes:

a) An explanation of the proposal to draft a decree detailing the implementation of laws and ordinances, clearly stating the legal basis, necessity of issuing the document, basic policies, and main content of the document;

b) A list of proposed decrees to be included in the Program, including the name of the document, the drafting unit, and the expected time to submit to the Government (specific to the month);

c) A preliminary impact assessment report of the document.

3. For decisions of the Prime Minister and circulars of the Minister, the proposal filing consists of an explanatory note clearly stating the name of the document; the necessity of issuing the document, legal basis for issuing the document; issues to be resolved; anticipated main content of the document; drafting unit; submission time (specific to the month).

4. In addition to the files prescribed in Clauses 1, 2, and 3 of this Article, the drafting units are responsible for submitting related materials prepared in accordance with Clause 1 of Article 5 of this Circular.

Article 8. Examination of Proposals for Drafting Regulatory Legal Documents

1. The Legal Affairs Department shall be responsible for examining the files of proposals for drafting regulatory legal documents submitted by units under the Ministry to present to the Minister for consideration and inclusion in the Program.

2. If the proposal filing for legal normative documents does not meet the requirements stipulated in Article 7 of this Circular, the Department of Law will request units under the Ministry to supplement and complete within five (5) working days.

3. The Department of Law conducts the review within seven (7) working days from the date of receiving complete proposal filings for legal normative documents sent by units under the Ministry.

The main content of the review includes: necessity of issuance, legal basis, scope of regulation, applicable subjects, basic policies of the document, consistency, feasibility, compliance with current Vietnamese laws and international treaties to which Vietnam is a party, conditions ensuring the drafting and enforcement of the document.

4. During the examination process, if clarification of related contents is required, the unit proposing the document shall be responsible for explaining those contents.

Article 9. Issuance of the Program

1. Based on the review results, the Department of Law drafts the Program proposal, sends it to units under the Ministry for comments, and publishes it on the Ministry's website (www.moit.gov.vn) for agencies, organizations, and individuals to provide feedback.

2. On the basis of comments from units under the Ministry, agencies, organizations, and individuals, the Legal Affairs Department shall revise and perfect the Program draft, submit it to the Minister for consideration and decision to issue.

Article 10. Implementation of the Program

1. The Legal Affairs Department shall take the lead and coordinate with the Ministry’s Office to monitor and urge units under the Ministry to implement the Program.

2. The head of units under the Ministry shall be responsible for ensuring the progress, procedures, and quality of the draft regulations when drafting normative legal documents; implementing monthly, quarterly, six-monthly, yearly, or ad hoc reports on the progress of drafting normative legal documents according to the requirements of the Ministry's leadership and the Department of Legal Affairs.

Article 11. Adjustment and Supplement to the Program

1. Units under the Ministry may propose adjustments and supplements to the Program in the following cases:

a) Removing from the Program when there are changes in economic and social conditions affecting the necessity for issuing the document;

b) Supplementing the Program with documents due to urgent management needs within the scope of the Ministry of Industry and Trade's state management or necessary amendments and supplements to ensure the consistency of the legal system or to implement international commitments.

c) Adjusting the submission time due to delays in drafting and non-compliance with document quality standards.

2. Units under the Ministry shall send requests for adjustment to the Department of Legal Affairs, clearly stating the reasons for the adjustment and the implementation time. Requests for supplementing documents to the Program as stipulated in point b, Clause 1 must comply with the file requirements set forth in Article 7 of this Circular.

3. The Legal Affairs Department shall be responsible for examining and compiling adjustment and supplement proposals to the Program, presenting them to the Minister for consideration and decision to issue.

4. Adjustments and supplements to the Program must be completed no later than July 15 each year.

Chapter III

||| DRAFTING LEGAL INSTRUMENTS

Article 12. Allocation of Drafting Responsibilities

The Minister assigns a unit under the Ministry to take the lead in drafting regulatory legal documents, with other units cooperating in the drafting process in accordance with their functions and tasks.

Article 13. Drafting Laws, Ordinances, Decrees

1. The drafting of laws, ordinances, and decrees shall be carried out through the Drafting Board and the Editorial Group in accordance with the provisions of the Law on Issuing Regulatory Legal Documents and Decree No. 24/2009/NĐ-CP.

2. The main drafting unit shall coordinate with the Department of Legal Affairs to submit to the Minister for signing the decision to establish the Drafting Board and the Editorial Group.

Article 14. Drafting Decisions of the Prime Minister, Circulars of the Minister

1. The drafting of decisions of the Prime Minister and circulars of the Minister shall be carried out through the Drafting Team.

2. The leading unit responsible for drafting shall have the responsibility to submit to the Minister for signing the decision to establish the Drafting Team.

The Drafting Board established by the Prime Minister's decision must include representatives from the Ministry of Justice, the Government Office, the Department of Legal Affairs of the Ministry of Industry and Trade, and relevant agencies, organizations, and individuals.

The Drafting Board for the Minister's circular must include the Team Leader who is the leader of the main drafting unit, and members comprising representatives from the Department of Legal Affairs and other relevant units, organizations, and individuals.

3. The Drafting Board shall develop a detailed plan for drafting activities from the effective date of the establishment decision until the submission of the draft document, consistent with the drafting schedule of the Program.

4. The Drafting Board shall allocate sufficient time for summarizing the implementation of laws; surveying and evaluating current social relations; researching related information and materials to serve as a basis for developing outlines and drafts.

Article 15. Soliciting Opinions During the Drafting Process

1. During the drafting process of normative legal documents, the main drafting unit must seek opinions from agencies, organizations, individuals, and direct subjects affected by the document, which may be done through various methods such as direct consultation, sending drafts for comments, organizing seminars, or posting on the government's website, the Ministry of Industry and Trade's website, or mass media.

2. For legislative projects, the main drafting unit must send drafts to Ministries, agencies at the ministerial level, and governmental agencies to solicit opinions. Among these, the opinion of the Ministry of Finance regarding financial resources, the Ministry of Home Affairs regarding human resources, the Ministry of Natural Resources and Environment regarding environmental impact, and the Ministry of Foreign Affairs regarding compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a party, must be sought.

3. For draft decrees of the Government and decisions of the Prime Minister, circulars of the Minister, the main drafting unit must organize the solicitation of opinions according to the following regulations:

a) For draft decrees of the Government: The main drafting unit must seek opinions from Ministries, agencies at the ministerial level, governmental agencies, and direct subjects affected by the document; specify issues requiring opinions and clearly identify the addresses for receiving contributions.

The main drafting unit is responsible for consolidating, adopting, and explaining the contents of adopted or non-adopted opinions. Documents containing explanations or responses to opinions and revised drafts must be published on the government's website or the Ministry of Industry and Trade's website.

For draft documents related to the rights and obligations of enterprises, the main drafting unit is responsible for sending them to the Vietnam Chamber of Commerce and Industry to seek opinions from enterprises.

b) For draft decisions of the Prime Minister and circulars of the Minister: The main drafting unit is responsible for organizing the solicitation of opinions from direct subjects affected by the document and relevant agencies, organizations, and individuals as stipulated in Clause 1 of this Article.

In cases where the document involves the rights and obligations of enterprises, the main drafting unit is responsible for sending it to the Vietnam Chamber of Commerce and Industry to solicit opinions from enterprises.

4. The main drafting unit is responsible for specifying issues requiring opinions suitable for each target group; consolidating opinions according to different groups; submitting them to the Department of Legal Affairs for publication on the Ministry's website of documents containing explanations or responses to opinions and revised drafts.

5. The main drafting unit shall submit to the Department of Legal Affairs for publication the full text of the draft and the report assessing the impact of the document (for legislative projects and draft decrees of the Government), specifying the address and deadline for receiving opinions on the government's website or the Ministry of Industry and Trade's website for at least sixty days to allow agencies, organizations, and individuals to provide feedback.

Article 16. Impact Assessment Before and During Drafting of Legal Documents

1. During the drafting process of legal documents, based on the preliminary impact assessment results, the leading unit responsible for drafting laws, ordinances, decrees shall be responsible for conducting an impact assessment before drafting the document and completing a simple impact assessment report during the drafting process. The impact assessment focuses on economic, social, environmental, and legal system impacts; impacts on citizens' fundamental rights and obligations; the compliance capacity of agencies, organizations, individuals, and other impacts.

2. The impact assessment report must clearly state the issues to be resolved and the objectives of the proposed policy, the options for resolving the issue; select the optimal option to resolve the issue based on a specific assessment of the measures to implement the basic policies of the draft document based on qualitative or quantitative analyses regarding costs, benefits, positive and negative impacts.

3. A comprehensive impact assessment report must be developed based on qualitative and quantitative analysis of the impacts when the results of the simple impact assessment indicate any of the following situations:

a) The document may generate annual costs of 15 billion dong or more for the State, agencies, organizations, or enterprises, individuals;

b) The document may have significant negative impacts on certain groups in society;

c) The document may affect a large number of enterprises;

d) The document may significantly increase consumer prices;

đ) The document has many different opinions, is of public concern, and significantly affects common interests.

The draft impact assessment report must be published along with relevant data, cost-benefit calculations, and the draft document on the Government's electronic information website, the Ministry of Industry and Trade's website for at least 30 days to allow agencies, organizations, and individuals to provide feedback.

The unit responsible for conducting the impact assessment is responsible for improving the impact assessment report based on feedback received.

Article 17. Publication on the Electronic Information Website

1. The leading unit responsible for drafting shall be responsible for sending the draft regulatory legal documents to the Department of Legal Affairs for publication on the Ministry's electronic information website for at least 60 days to allow agencies, organizations, and individuals to provide feedback.

2. The draft document sent to the Department of Legal Affairs for publication on the Ministry's electronic information website is the draft 2 as stipulated in Clause 2, Article 57 of Decree No. 24/2009/NĐ-CP.

Draft 2 is the draft decided by the head of the leading unit responsible for drafting to send and publish on the Government's or the Ministry of Industry and Trade's electronic information website for agencies, organizations, and individuals to participate in providing feedback.

The draft impact assessment report together with relevant data, cost-benefit calculations, and the draft document including administrative procedures must be sent to the Department of Legal Affairs for publication on the Ministry's electronic information website for at least 30 days to allow agencies, organizations, and individuals to provide feedback.

Article 18. Drafting Regulatory Legal Instruments through Simplified Procedures

1. Laws, ordinances, decrees of the Government, and decisions of the Prime Minister in cases of emergency or immediate need for amendment to comply with newly issued regulatory legal documents shall be promulgated according to the simplified procedures stipulated in Articles 75, 76, and 77 of the Law on Enacting Regulatory Legal Documents and this provision.

Circulars that need to be promulgated to take effect simultaneously with laws, ordinances, decrees of the Government, and decisions of the Prime Minister mentioned in this clause shall be promulgated according to the simplified procedures.

For other Circulars not falling under the circumstances specified in Clause 1 of this Article but directed to be drafted, submitted, or promulgated urgently, they shall be permitted by the Ministry's leadership to draft the document according to the simplified procedures.

2. The drafting of documents according to simplified procedures shall be carried out as follows:

a) The leading unit responsible for drafting does not need to establish a Drafting Team or Drafting Board but can directly organize the drafting process;

b) The leading unit responsible for drafting may organize the solicitation of opinions from relevant agencies, organizations, and individuals on the draft legal instrument;

c) The period for soliciting comments on administrative procedures (if applicable) for documents implemented according to the simplified procedure shall be conducted as provided in Point b, Clause 3, Article 19 of this Circular;

d) The review of draft documents according to the simplified procedure shall be conducted as provided in Point c, Clause 3, Article 22 of this Circular;

đ) The Department of Legal Affairs shall coordinate with the leading unit responsible for drafting to prepare the necessary files for review and support the leading unit in post-review revision work;

3. Documents submitted for drafting regulatory legal instruments through simplified procedures.

a) Draft proposal on the draft legal instrument;

b) Draft document;

c) The review report for draft decrees of the Government, draft decisions of the Prime Minister, draft circulars; the examination report for draft laws, ordinances;

d) The opinions of agencies or units controlling administrative procedures regarding the administrative procedures stipulated in the draft regulatory legal documents (if applicable).

Chapter IV

CONTROL OF ADMINISTRATIVE PROCEDURES AND REVIEW OF DRAFT REGULATORY LEGAL DOCUMENTS

Article 19. Soliciting opinions from administrative procedure control agencies on administrative procedures stipulated in draft regulatory legal documents.

1. Prior to sending the Department of Legal Affairs for review, the leading unit responsible for drafting must seek opinions from agencies or units controlling administrative procedures as follows:

a) Seek opinions from the Administrative Procedures Control Bureau (under the Government Office) regarding administrative procedures stipulated in draft laws, ordinances; draft decrees of the Government, draft decisions of the Prime Minister, draft joint circulars;

b) Seek opinions from the Ministry Office regarding administrative procedures stipulated in draft circulars of the Minister;

2. Documents submitted for soliciting opinions

a) The document requesting participation in the opinion, stating clearly the issues requiring opinions on administrative procedures, specifying the criteria achieved by the administrative procedures including necessity; rationality; legality and implementation costs of administrative procedures. In cases where administrative procedures are amended or supplemented, in addition to evaluating the criteria achieved by the administrative procedures, the leading unit responsible for drafting must clearly explain the simplicity and advantages of the amended or supplemented administrative procedures;

b) Draft document containing provisions on administrative procedures;

c) The impact assessment report on the provisions of administrative procedures according to the criteria: necessity; rationality; legality and compliance costs of administrative procedures. The impact assessment of administrative procedures is carried out according to the form prescribed in Appendices 4, 5, and 6 attached to this Circular.

3. The period for soliciting comments on administrative procedures.

a) Within 10 (ten) working days from the date of receiving complete files for soliciting opinions, the Office of the Ministry shall be responsible for organizing the solicitation of opinions, compiling opinions, and submitting the comment document to the main drafting unit.

b) For administrative procedures stipulated in draft documents established and issued under expedited procedures, the time limit for providing comments shall not exceed 03 (three) working days.

4. The main drafting unit shall be responsible for studying and adopting the opinions of the agencies providing opinions as stipulated in Clause 1 of this Article. In cases where opinions are not adopted, the main drafting unit must provide specific explanations in writing.

The adoption and explanation of comments from agencies and units controlling administrative procedures in draft normative legal documents shall be reflected as a separate section in the document on adoption and explanation. The document on adoption and explanation must be sent to the agency providing opinions as stipulated in Clause 1 of this Article.

Article 20. Documents for Requesting Review

1. The number of files submitted to the Legal Department for review is five (five) sets.

2. For draft laws and ordinances, the files requesting review include:

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

b) Draft document;

c) A detailed explanatory memorandum about the draft project and report on the impact assessment of the draft document;

d) A summary report on the implementation of the law and evaluation of the current social relations related to the main content of the draft project and draft;

đ) A consolidated report on the opinions of agencies, organizations, and individuals regarding the content of the draft project and draft; copies of opinions from Ministries and equivalent Ministries; reports on explanations and adoption of comments on the draft project and draft;

e) An impact assessment report on administrative procedures;

g) A report explaining the adoption of comments from the Administrative Procedure Control Bureau;

h) Other relevant documents (if any).

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

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

b) Draft decree;

c) A detailed explanatory memorandum and report on the impact assessment of the draft document;

d) Impact assessment on administrative procedures;

đ) A report explaining the adoption of comments from the Administrative Procedure Control Bureau;

e) A consolidated report on the opinions of agencies, organizations, and individuals and the directly affected subjects regarding the content of the draft document; copies of opinions from Ministries, equivalent Ministries, and governmental agencies; reports on explanations and adoption of comments;

g) Other relevant documents (if any).

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

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

b) The draft decision;

c) A detailed explanatory memorandum and report on the impact assessment of the draft document;

d) Impact assessment on administrative procedures;

đ) A report explaining the adoption of comments from the Administrative Procedure Control Bureau;

e) A consolidated report on the opinions of agencies, organizations, and individuals regarding the content of the draft project and draft; copies of opinions from Ministries and equivalent Ministries; reports on explanations and adoption of comments on the draft project and draft;

g) Other relevant documents (if any).

5. For draft circulars, the files requesting review include:

a) A letter requesting review;

b) Draft report to the Minister on the draft circular;

c) Draft circular after incorporating opinions from agencies, organizations, and individuals;

d) Impact assessment on administrative procedures;

đ) A report explaining the adoption of comments from the Ministry's Office;

e) A consolidated report on the opinions of agencies, organizations, and individuals regarding the content of the draft circular; reports on explanations and adoption of comments from agencies, organizations, and individuals regarding the content of the draft circular;

g) Other related documents (if applicable).

Article 21. Receiving Review Files

The Legal Department is responsible for receiving and checking the draft normative legal document review files submitted by units.

If the review files do not meet the requirements specified in Article 20 of this Circular, within no more than 03 (three) working days from the date of receipt of the files, the Legal Department requests the main drafting unit to supplement the files.

Article 22. Organizing the Review Process

1. After receiving all requested review files, the Legal Department is responsible for organizing a review meeting.

If necessary, the Legal Department may request the main drafting unit to explain the draft normative legal document to assist with the review process.

2. For draft normative legal documents that still have differing opinions, the Legal Department will coordinate with the main drafting unit to resolve them. If necessary, the Legal Department may request the Minister to convene a meeting with relevant units to discuss these issues before issuing a review opinion.

3. Review Period

a) The review period shall not exceed 10 (ten) working days from the date the Legal Department receives all requested review files for draft laws, ordinances, decrees, and Prime Minister's decisions;

b) The review period shall not exceed 07 (seven) working days from the date the Legal Department receives all requested review files for draft circulars;

c) The review period shall not exceed 03 (three) working days from the date the Legal Department receives all requested review files for draft normative legal documents established and issued through simplified procedures.

Article 23. Content of Review

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

1. The necessity for promulgating the document, the subject matter, and the scope regulated by the draft document.

2. The consistency of the content of the draft document with the Party's guidelines, policies, and strategies.

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

4. The feasibility of the draft document, including the suitability between the provisions of the draft document and practical requirements, the level of social development, and the conditions for implementation.

5. Language and technical drafting of the document.

Article 24. Meeting for Review

1. The Legal Affairs Department shall chair the meeting for reviewing legal normative documents. For documents containing technical content related to specialized fields or having diverse opinions, the Legal Affairs Department may invite representatives from the drafting units, drafting teams, administrative procedure supervision units, experts, technicians, and other relevant units to participate in the review meeting.

2. Review Meeting Procedure:

a) The Legal Affairs Department leader announces the purpose of the meeting;

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

c) Participants discuss and express their opinions, focusing on issues within the scope of the review as specified in Article 23 of this Circular;

d) The Legal Affairs Department leader summarizes opinions and concludes.

The reporter is responsible for recording and signing the minutes of the review meeting. The minutes must fully record all opinions expressed at the meeting to serve as the basis for preparing the review report.

Article 25. Review Report

1. Based on the minutes of the review meeting, the Legal Affairs Department is responsible for drafting the review report according to the content of the review stipulated in Article 23 of this Circular. The model of the review report is specified in Appendix 3 attached to this Circular.

2. The drafting unit is responsible for providing written explanations of the review report to send to the Legal Affairs Department and reporting to the Ministry's leadership for consideration and decision.

Chapter V

ISSUANCE, ANNOUNCEMENT, AND TRANSLATION OF DOCUMENTS

Article 26. Submission for Issuance of the Circular

1. The dossier submitted to the Ministry's leadership for signing and issuing circulars shall include:

a) A submission to the Ministry's leadership regarding the draft circular;

b) The draft circular revised after receiving review comments;

c) A summary of opinions from agencies, organizations, and individuals on the content of the draft circular; a report explaining the adoption of opinions from agencies, organizations, and individuals on the content of the draft circular;

d) The review report of the Legal Affairs Department;

đ) A report explaining the adoption of review comments;

e) Other related documents (if any).

2. The draft circular submitted for signature must include all documents specified in Clause 1 of this Article; the abbreviated signature of the leader of the drafting unit and the abbreviated signature of the leader of the Legal Affairs Department at the bottom right corner of each page of the draft document before submitting to the Ministry's leadership for signature and issuance.

Article 27. Submission to the Agency for Document Inspection, Publication in the Official Gazette, and Electronic Information Portal

1. The Ministry's Office is responsible for sending the circular signed by the Ministry's leadership (paper version and electronic version) to the Government Office for publication in the Official Gazette and posting on the Government's electronic information portal, and relevant agencies authorized to inspect and handle documents within their respective sectors and fields, except for documents containing state secrets.

2. Within five working days from the date of issuance of the legal normative document, the Legal Affairs Department is responsible for coordinating with relevant units to post the document on the Ministry of Industry and Trade's website, providing a brief introduction to the document and facilitating organizations and individuals to download the soft copy of the document.

Article 28. Announcing and Introducing Legal Normative Documents.

1. Within seven working days from the date of issuance of the document, depending on the importance of the issued document, the Legal Affairs Department proposes the Ministry's leadership to host or delegate to host press conferences or issue documents introducing new legal normative documents to news agencies, newspapers, the Vietnam Bar Federation, the Vietnam Association of Law Professors, associations, and relevant organizations and individuals.

2. The Legal Affairs Department and related units are responsible for coordinating with the Ministry’s Office to implement the announcement and introduction of documents.

Article 29. Translation of Legal Regulatory Documents

1. Within ninety (90) days from the date of publication in the Official Gazette, the Legal Affairs Department takes the lead, coordinates with the Vietnam News Agency and related units to translate documents related to trade, goods, services, and if permitted, other documents into English or another foreign language.

2. The translation of documents is carried out through hiring organizations or individuals with expertise. Draft translations are sent to the Vietnam News Agency for proofreading.

3. Translations of legal normative documents into English or another foreign language must ensure the spirit of the original document, guarantee the accuracy of its content, and only have reference value.

Chapter VI

IMPLEMENTATION

Article 30. Ensuring the Work of Drafting Regulatory Legal Documents

The Ministry's leadership and heads of subordinate units within their functions, tasks, and authorities are responsible for arranging staff, financial support, working tools, information, and other necessary conditions for preparing, drafting, participating in opinions, and reviewing draft legal normative documents.

Article 31. Financial Support for Drafting Regulatory Legal Documents

1. The Finance Department is responsible for allocating state budget funds for the annual construction of legal normative documents of the Ministry according to current regulations.

2. Based on the source of funds from the State budget, the Department of Legal Affairs shall submit to the Ministry's Leadership for consideration and decision on the allocation of financial support for drafting regulatory legal documents.

The template for the decision on allocating financial support for the construction of legal normative documents of the Ministry is stipulated in Appendix 2 attached to this Circular.

3. For legal normative documents with broad and complex scope of regulation, capable of causing significant impact, the leading unit in constructing legal normative documents may propose research topics on scientific and practical grounds to serve the construction of appropriate documents in accordance with the guidelines for compiling the annual science and technology plan of the Ministry.

4. Units receiving financial support for constructing legal normative documents prepare detailed budgets and send them to the Ministry’s Office, using the supported funds according to financial regulations, ensuring all legal and valid documentation as required by current regulations.

The Ministry's Office shall be responsible for guiding units in preparing detailed budgets and settling accounts for each regulatory legal document.

Article 32. Evaluation of Legal Normative Document Construction Work.

The Legal Affairs Department is responsible for summarizing, concluding, evaluating, and quarterly reporting to the Minister on the work of constructing legal normative documents.

Article 33. Awards.

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

2. Based on the results of constructing legal documents by units with outstanding achievements, the Legal Affairs Department leads, coordinates with the Department of Mobilization and Rewards, and related units to consider recommending the Ministry's leadership for immediate rewards.

Article 34. Handling Responsibility.

1. A unit assigned to primarily draft legal normative documents shall not be eligible for commendation or awards in the year when more than 50% of the documents in the program are delayed by three (3) months without justifiable reasons.

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

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

Chapter VII

IMPLEMENTING PROVISIONS

Article 35. Responsibility for Implementation

The leadership of the Ministry, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.

Article 36. Effective Date

This Circular takes effect from July 15, 2011, and replaces Circular No. 16/2009/TT-BCT of the Ministry of Industry and Trade dated June 25, 2009, concerning the construction, review, and issuance of legal normative documents of the Ministry of Industry and Trade./.