Decree No. 24/2009/NĐ-CP detailing and providing implementation measures for the Law on Issuing Legal Normative Documents

DECREE

Regulations on Detailed Provisions and Implementation Measures for the Law on Enacting Legal Documents

________________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Issuing Normative Legal Documents dated June 3, 2008;

Considering the proposal of the Minister of Justice.

DECREE:

PART I

ESTABLISHING THE PROGRAM FOR LEGISLATION OF LAWS AND ORDINANCES, THE PROGRAM FOR ENACTING DECREES

Section 1

PREPARING THE GOVERNMENT'S PROPOSAL ON THE PROGRAM FOR LEGISLATION OF LAWS AND ORDINANCES

Article 1.COLLECTING PETITIONS FOR LEGISLATION OF LAWS AND ORDINANCES FROM ORGANIZATIONS, ORGANIZATIONS, AND INDIVIDUALS

1. Organizations, organizations, and individuals may submit petitions for legislation of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly (hereinafter referred to collectively as laws and ordinances) to ministries or ministerial-level agencies managing specific sectors or fields through written submissions or via the websites of these agencies. In cases where a specific address cannot be determined, organizations, organizations, and individuals shall submit their petitions to the Ministry of Justice; the Ministry of Justice shall be responsible for forwarding such petitions to relevant ministries or ministerial-level agencies.

2. Petitions for legislation of laws and ordinances from organizations, organizations, and individuals must clearly state the necessity of issuing legal documents and propose the main contents of such documents.

3. The agency receiving petitions for legislation of laws and ordinances shall be responsible for collecting, analyzing, and processing such petitions to prepare proposals for legislation of laws and ordinances from its own agency.

Article 2.RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-RELATED AGENCIES IN PREPARING PROPOSALS FOR LEGISLATION OF LAWS AND ORDINANCES

1. Ministries, ministerial-level agencies, and government-related agencies shall prepare proposals for legislation of laws and ordinances within their respective sectors or fields and submit them to the Ministry of Justice for consolidation and submission to the Government.

In the cases stipulated in Article 53 of this Decree, ministries, ministerial-level agencies, and government-related agencies may propose amendments, supplements, replacements, revocations, or abolitions of contents in multiple laws and ordinances.

2. The proposed legal documents must be based on the following grounds:

a) Based on research results, theoretical and practical summaries;

b) Meeting the requirements of state management, addressing social issues that need regulation by legal documents;

c) Ensuring the implementation of basic rights and obligations of citizens;

d) Must be preliminarily assessed for the impact of fundamental policies and the main contents of the document;

đ) Consistent with the Party's guidelines, policies, and the State's policies;

e) Consistent with the commitments made in international treaties to which Vietnam is a member or plans to become a member;

g) Conditions for implementing the document must be clearly defined;

h) Issuing the document must ensure feasibility.

Article 3.RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-RELATED AGENCIES IN PREPARING PROPOSALS FOR LEGISLATION OF LAWS AND ORDINANCES

1. Ministers, heads of ministerial-level agencies, and government-related agencies shall be responsible for assigning units under their agencies to prepare annual or term-based proposals for legislation of laws and ordinances within their assigned sectors or fields.

Units preparing proposals for legislation of laws and ordinances shall have the following responsibilities:

a) Organizing the collection of opinions from related units regarding the proposal for legislation of laws and ordinances; publishing the explanatory memorandum about the proposal for legislation of laws and ordinances and preliminary impact assessment report of the document on their own website for at least 20 (twenty) days to allow participation of opinions from agencies, organizations, and individuals;

b) Leading and coordinating with related units to study and perfect the proposal for legislation of laws and ordinances based on feedback; submitting the proposal for legislation of laws and ordinances to the legal department for consolidation.

2. The legal department shall be responsible for assisting ministers, heads of ministerial-level agencies, and government-related agencies in performing the following tasks:

a) Drafting annual and term-based proposals for legislation of laws and ordinances related to their managed sectors or fields based on proposals from subordinate units, petitions from agencies, organizations, and individuals, and must be based on the grounds for proposing legislation of laws and ordinances stipulated in Clause 2 of Article 2 of this Decree;

b) If necessary, proposing ministers, heads of ministerial-level agencies, and government-related agencies to organize meetings with units under ministries, ministerial-level agencies, and government-related agencies, including representatives from the Ministry of Justice, the Government Office, the Ministry of Finance, and the Ministry of Home Affairs to provide opinions on the proposal for legislation of laws and ordinances;

c) Leading and coordinating with related agencies and units to revise and perfect the proposal for legislation of laws and ordinances for submission to ministers, heads of ministerial-level agencies, and government-related agencies for consideration and decision.

3. Ministries, ministerial-level agencies, and government-related agencies shall be responsible for sending the proposal for legislation of laws and ordinances annually to the Ministry of Finance to seek opinions on the rationality of the proposed financial resources, and to the Ministry of Home Affairs to seek opinions on the rationality of the proposed human resources.

Article 4.SUBMISSION OF THE PROPOSAL FOR LEGISLATION OF LAWS AND ORDINANCES BY MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-RELATED AGENCIES TO THE MINISTRY OF JUSTICE

1. Ministries, ministerial-level agencies, and government-related agencies shall submit the proposal for legislation of laws and ordinances to the Ministry of Justice according to the term of the National Assembly no later than March 1 of the first year of the term of the National Assembly.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

a) Explanatory memorandum on the proposal for legislation of laws and ordinances.

The explanatory memorandum on the proposal for legislation of laws and ordinances must clearly state the name of the document and the necessity of issuing the document; the subject and scope regulated by the document; the main contents of the document; the fundamental policies of the document and the policy objectives; measures to implement the policy; positive and negative impacts of the policy; anticipated resources and conditions for drafting the document; anticipated lead agency for drafting and time for submission to the National Assembly, the Standing Committee of the National Assembly;

b) Preliminary impact assessment report of the document.

2. Ministries, ministerial-level agencies, and government-related agencies shall submit the proposal for legislation of laws and ordinances annually to the Ministry of Justice based on the program for the entire term of the National Assembly no later than 105 (one hundred and five) days before March 1 of the year preceding the year in which it is planned to submit to the National Assembly, the Standing Committee of the National Assembly.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

a) Explanatory memorandum on the proposal for legislation of laws and ordinances.

The explanatory memorandum on the proposal to draft a Law or Ordinance must clearly state the necessity for promulgating the Law or Ordinance; the guiding viewpoints on drafting and the preparation process; the basic policies of the document and its objectives; the positive and negative impacts of the policy and solutions to implement the policy.

b) A summary of opinions from agencies, organizations, and individuals.

c) The Ministry of Finance's opinion on the rationality of the expected financial resources, and the Ministry of Home Affairs' opinion on the rationality of the expected human resources.

d) The detailed outline of the draft document.

3. Ministries, ministerial-level agencies, and government agencies shall submit to the Ministry of Justice the dossier proposing to draft a Law or Ordinance annually that is not included in the legislative program of the entire term of the National Assembly, at the latest 105 (one hundred and five) days before March 1st of the year preceding the year in which it is proposed to the National Assembly or the Standing Committee of the National Assembly.

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

a) Explanatory memorandum on the proposal for legislation of laws and ordinances.

The explanatory memorandum on the proposal to draft a Law or Ordinance must clearly state the name of the document and the necessity for promulgating the document; the guiding viewpoints on drafting; the basic policies of the document and its objectives; the subjects and scope regulated by the document; the main contents of the document; solutions to implement the policy; the positive and negative impacts of the policy; the expected resources and conditions to ensure the drafting of the document; the expected leading agency in charge of drafting and the time to submit to the National Assembly or the Standing Committee of the National Assembly; the progress already prepared for drafting.

b) Preliminary impact assessment report of the document.

c) The Ministry of Finance's opinion on the rationality of the expected financial resources, and the Ministry of Home Affairs' opinion on the rationality of the expected human resources.

d) The detailed outline of the draft document.

Article 5.Content of the explanatory memorandum on the necessity to draft a Law or Ordinance.

1. For proposals to draft a Law or Ordinance throughout the term, the explanatory memorandum on the necessity to draft a Law or Ordinance must clearly state:

a) The context and current status of social relations requiring legal regulation; the objectives and issues to be resolved;

b) Summarizing and evaluating the current status of existing legal provisions related to the social relations requiring regulation;

c) Ensuring the implementation of fundamental rights and obligations of citizens (if applicable);

d) The Party and State's guidelines and policies on managing industries and sectors with social relations requiring regulation (if applicable);

đ) The content of commitments in international treaties to which Vietnam is a member or plans to become a member, relating to industries and sectors with social relations requiring regulation (if applicable).

2. For annual proposals to draft a Law or Ordinance, the explanatory memorandum on the necessity to draft a document must be based on the legislative program of the entire term of the National Assembly and clearly state the practical requirements necessitating the promulgation of the document, the progress and results of the preparatory process for drafting the document as the basis for including the Law or Ordinance in the annual program.

3. For proposals to include a Law or Ordinance in the annual program but not included in the program of the entire term of the National Assembly, the content of the explanatory memorandum on the necessity to draft a Law or Ordinance must include the contents prescribed in Clause 1 and Clause 2 of this Article.

Article 6.Receiving and soliciting opinions on proposals to draft a Law or Ordinance.

1. The Ministry of Justice is responsible for receiving and examining the dossiers proposing to draft a Law or Ordinance submitted by ministries, ministerial-level agencies, and government agencies.

In case the dossier does not meet the requirements stipulated in Article 4 of this Decree, within the latest 5 (five) working days from the date of receipt of the dossier, the Ministry of Justice shall issue a document requesting the submitting agency to complete the dossier.

The agency requested has the responsibility to complete the dossier within the latest 10 (ten) working days from the date of receipt of the request from the Ministry of Justice.

2. Within the latest 3 (three) working days from the date of receipt of the complete dossier proposing to draft a Law or Ordinance, the Ministry of Justice shall be responsible for publishing at least 20 (twenty) days on the Ministry of Justice's electronic information website and the Government's electronic information website for agencies, organizations, and individuals to participate in providing opinions.

Article 7.Establishing advisory councils on proposals to draft a Law or Ordinance.

The Minister of Justice may establish advisory councils to assist the Minister in reviewing proposals to draft Laws or Ordinances (hereinafter referred to as Advisory Councils).

The Advisory Council consists of: The Chairman of the Council is a representative of the leadership of the Ministry of Justice, and members are experts and scientists who are knowledgeable about the fields related to the document proposed to be issued.

Article 8.Drafting the Government's proposal on the legislative program for Laws and Ordinances.

1. Based on the proposals to draft Laws or Ordinances from ministries, ministerial-level agencies, and government agencies; the results of the Advisory Council's evaluation and the opinions contributed by agencies, organizations, and individuals, the Minister of Justice decides to include the proposals to draft Laws or Ordinances in the draft proposal of the Government on the legislative program for Laws and Ordinances.

2. The Government's proposal on the legislative program for Laws and Ordinances must meet the following requirements:

a) Meeting the needs of state management, resolving social issues, and those issues require regulation through normative legal documents;

b) Having been preliminarily assessed regarding the objectives, basic policies, and main contents of the document;

c) Being consistent with the guidelines, policies, and directions of the Party and the State;

d) Ensuring the conditions for drafting and implementing the document;

đ) Ensuring the feasibility of the annual legislative program for Laws and Ordinances and the legislative program for the entire term of the National Assembly;

e) Ensuring the consistency and unity of the legal system;

g) Ensuring the priority in issuing documents as provided for in Clause 3 of this Article.

3. Ensuring the priority in the Government's proposal on the legislative program for Laws and Ordinances must be based on the following grounds:

a) Meeting the needs of state management, resolving social issues, and those issues require regulation through normative legal documents;

b) Ensuring the implementation of fundamental rights and obligations of citizens;

c) Ensuring the implementation of commitments in international treaties to which Vietnam is a party;

d) Ensuring the implementation of the guidelines, policies, and directions of the Party and the State;

đ) Based on the priorities of the Government, the Prime Minister, and the goals in the Government's action programs.

4. The draft proposal of the Government on the legislative program shall be published on the Ministry of Justice's electronic information website and the Government's electronic information website for at least 20 (twenty) days to allow agencies, organizations, and individuals to provide comments.

5. Based on the feedback received, the Ministry of Justice will revise and finalize the draft proposal of the Government on the legislative program to submit to the Government.

Article 9. Submit the draft proposal of the Government on the legislative program to the Government

1. The dossier for the draft proposal on the legislative program includes:

a) A report to the Government, clearly stating the criteria for prioritizing the Government's proposal on the legislative program; issues with differing opinions and the views of the Ministry of Justice;

b) The draft proposal of the Government on the legislative program, which clearly states the agency proposing to draft laws and ordinances; the name of the document; the necessity of issuing the document; basic viewpoints and policies, main contents of the document; the subject, scope of regulation of the document; estimated resources and conditions to ensure the drafting of the document; preliminary impact assessment report of the document; the expected time for the National Assembly and the Standing Committee of the National Assembly to give opinions and consider the document.

2. The annual draft proposal of the Government on the legislative program shall be discussed and approved at the Government meeting in January of the year preceding the year it is proposed to the National Assembly and the Standing Committee of the National Assembly.

The draft proposal of the Government on the legislative program for the entire term of the National Assembly shall be discussed and approved at the Government meeting in June of the year preceding the term of the National Assembly.

Article 10. Finalize the Government's proposal on the legislative program after the Government's approval

Based on the results of the Government meeting, the Ministry of Justice, in coordination with the Government Office, will finalize the Government's proposal on the legislative program; ministries, ministerial-level agencies, and government agencies responsible for finalizing the dossier for the legislative program they propose.

The Minister of Justice, acting on behalf of the Prime Minister, reports to the Standing Committee of the National Assembly the Government's proposal on the legislative program.

Article 11. Responsibility for implementing the legislative program

1. Based on the legislative program for the entire term and annually of the National Assembly, the Ministry of Justice is responsible for:

a) Leading and coordinating with the Government Office to draft and submit to the Government the implementation plan of the legislative program; proposing the main drafting agency, the coordinating agency, and the expected time for submitting the draft law and ordinance;

b) Monitoring, urging, and inspecting the drafting process to ensure the progress and quality of the draft law and ordinance;

c) Reporting quarterly to the Prime Minister on the situation, progress, and emerging issues during the implementation of the annual legislative program.

2. The agency assigned to lead the drafting is responsible for ensuring the progress and quality of the draft law and ordinance; regularly sending quarterly reports to the Ministry of Justice on the implementation of the annual legislative program and the progress of drafting the law and ordinance projects.

Article 12. Proposing adjustments to the legislative program

1. The leading drafting agency may propose adjustments to the legislative program in the following cases:

a) Removing from the program those law and ordinance projects that are not necessary to issue or are no longer necessary due to changes in economic and social conditions;

b) Adding to the program new law and ordinance projects due to urgent management needs in various areas of social life or to amend existing laws to ensure the consistency of the legal system or to implement international commitments;

c) Adjusting the submission timeline due to delays in drafting the law and ordinance projects;

d) Adjusting the submission timeline due to the quality of the law and ordinance projects not being guaranteed.

2. Proposals to supplement the legislative program shall be carried out according to the procedures for proposing laws and ordinances stipulated in this Decree.

In cases where proposals are made to remove from the program or adjust the submission timeline for law and ordinance projects, the proposing agency must submit a report clearly stating the reasons, directions, solutions, and implementation timeframe.

3. The Prime Minister decides on adjustments to the legislative program and submits them to the National Assembly and the Standing Committee of the National Assembly.

Section 2

ESTABLISHING THE ANNUAL LEGISLATIVE PROGRAM FOR GOVERNMENT DECREE

Article 13. Collecting Suggestions for Government Decrees

1. Agencies, organizations, and individuals can submit suggestions for Government decrees to the ministry or ministerial-level agency managing the relevant sector or field through written submissions or via the websites of these agencies. If the specific address cannot be determined, the suggestion should be sent to the Government Office; the Government Office is responsible for forwarding the suggestion to the relevant ministry or ministerial-level agency.

2. Suggestions for Government decrees from agencies, organizations, and individuals must clearly state the necessity of issuing the document and the main contents of the document.

3. The receiving agency is responsible for collecting, analyzing, and processing suggestions for Government decrees to prepare its own proposal for drafting Government decrees.

Article 14. Responsibilities of Ministries, Ministerial-Level Agencies, and Government Agencies in Preparing Proposals for Drafting Government Decrees

1. Ministries, ministerial-level agencies, and government agencies prepare proposals for drafting Government decrees within their respective sectors and fields and submit them to the Government Office and the Ministry of Justice for consolidation and submission to the Government.

2. Proposals for Government decrees are based on the following grounds:

a) Detailed regulations to implement laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; orders and decisions of the President;

b) Regulations on measures to implement policies and other matters within the Government's decision-making, management, and operational authority.

c) Provide provisions on the tasks, authorities, organizational structure of ministries, ministerial-level agencies, government agencies, and other agencies under the jurisdiction of the Government;

d) Provide necessary regulations to meet state management requirements, economic and social management needs but which have not yet met the conditions for being established as laws or ordinances;

3. For proposals to establish decrees as stipulated in points b, c, and d of Clause 2 of this Article, the following requirements must be ensured:

a) Based on research results, theoretical and practical summaries;

b) Meet the requirements of government administrative management, resolve societal issues that require regulation through normative legal documents;

c) Ensuring the implementation of basic rights and obligations of citizens;

d) Must be preliminarily assessed for the impact of fundamental policies and the main contents of the document;

đ) Be consistent with the Party's guidelines, policies, and the State's policies;

e) Consistent with the commitments made in international treaties to which Vietnam is a member or plans to become a member;

g) Conditions for implementing the document must be clearly defined;

h) Issuing the document must ensure feasibility.

4. Ministers, heads of ministerial-level agencies, and government agencies shall be responsible for assigning units under their agencies to prepare proposals to establish decrees within their assigned areas of responsibility;

Units preparing proposals to establish decrees shall undertake the following tasks:

a) Organize the collection of opinions from related units regarding the proposal to establish a decree; publish the explanatory memorandum about the proposal to establish a decree and submit a preliminary impact assessment report of the document on their agency’s electronic information website for at least 20 (twenty) days to allow relevant agencies, organizations, and individuals to provide feedback;

b) Take the lead and coordinate with related units to study and perfect the proposal dossier based on received comments and send the proposal dossier to the legal department for consolidation;

5. The legal department shall be responsible for assisting ministers, heads of ministerial-level agencies, and government agencies in performing the following tasks:

a) Prepare proposals to establish decrees related to their respective sectors and fields based on proposals from subordinate units, recommendations from relevant agencies, organizations, and individuals, and according to the requirements for establishing decree proposals set forth in this Article;

b) In cases where necessary, propose to the Minister, head of a ministerial-level agency, or government agency to organize meetings with units under the ministry, ministerial-level agency, or government agency, including representatives from the Ministry of Justice, the Government Office, the Ministry of Finance, and the Ministry of Home Affairs to provide opinions on the proposal to establish a decree;

c) Take the lead and coordinate with related agencies and units to refine and complete the proposal dossier to present to the Minister, head of a ministerial-level agency, or government agency for consideration and decision;

6. Ministries, ministerial-level agencies, and government agencies shall be responsible for sending the proposal dossier to establish decrees as stipulated in point b, c, and d of Clause 2 of this Article to the Ministry of Finance to obtain opinions on the rationality of the proposed financial resources, and to the Ministry of Home Affairs to obtain opinions on the rationality of the proposed human resources;

7. Proposals to establish decrees from ministries, ministerial-level agencies, and government agencies shall be submitted to the Government Office and the Ministry of Justice no later than August 1st of the previous year;

Article 15. Proposal dossier to establish decrees from ministries, ministerial-level agencies, and government agencies sent to the Government Office and the Ministry of Justice

1. The dossier shall include:

a) Explanatory memorandum on the proposal to establish a decree;

The explanatory memorandum on the proposal to establish a decree to detail the implementation of laws and ordinances must clearly state the basis, purpose of issuing the document, basic policies, and main contents of the document;

The explanatory memorandum on the proposal to establish a decree as prescribed in Clauses 2, 3, and Clause 4 of Article 14 of the Law on Issuing Normative Legal Documents must also clearly state the necessity of issuing the document; issues to be resolved and priority bases for issuing the document;

b) List of decrees proposed to be included in the program, including the name of the document, drafting agency, and the expected time to submit to the Government;

c) Preliminary impact assessment report of the document;

2. Accepting proposals to establish decrees;

The Government Office accepts and reviews the proposal dossier to establish decrees from ministries, ministerial-level agencies, and government agencies;

In case the proposal dossier to establish a decree does not meet the requirements, within the latest two working days from the date of receiving the dossier, the Government Office shall issue a letter requesting the submitting agency to complete the dossier;

The agency requested shall be responsible for supplementing the dossier within the latest ten working days from the date of receipt of the Government Office's request;

Article 16. Drafting the proposed decree establishment program;

1. Based on the proposals to establish decrees from ministries, ministerial-level agencies, government agencies, and opinions from agencies, organizations, and individuals, the Government Office shall take the lead and coordinate with the Ministry of Justice to draft the proposed decree establishment program;

If necessary, the Government Office shall take the lead and coordinate with the Ministry of Justice to organize meetings involving representatives from ministries, ministerial-level agencies, government agencies, related agencies, experts, and scientists to provide opinions on the proposed decree establishment program;

2. The proposed decree establishment program shall be based on the following grounds:

a) To implement laws, ordinances, and exercise the Government's authority;

b) To address societal issues and meet state management requirements, fulfill citizens' fundamental rights and obligations;

c) Ensure the consistency and unity of the legal system;

d) Ensure the feasibility of the program;

đ) Ensure the conditions for drafting and implementing legal documents;

e) Ensure the priority of issuing legal documents as prescribed in Clause 3 of Article 8 of this Decree;

3. The Government Office shall be responsible for publishing the proposed decree establishment program on the Government's electronic information website for at least twenty days to allow agencies, organizations, and individuals to provide feedback;

4. Based on the received opinions, the Government Office shall take the lead and coordinate with the Ministry of Justice to refine and complete the proposed decree establishment program to submit to the Government;

Article 17. Submit the proposed decree establishment program to the Government;

1. The dossier for the proposed decree establishment program to be submitted to the Government includes:

a) The memorandum to the Government regarding the proposed program for drafting decrees, specifying the criteria prioritized in the proposed program; issues with differing opinions and the views of the Ministry of Justice and the Government Office;

b) The proposed program for drafting decrees, specifying the agency proposing the decree; the name of the document; the necessity for issuance; basic policies, main contents of the document; the subject, scope regulated by the document; the proposed resources, conditions ensuring the drafting of the document; impact assessment of the document; the time expected to submit to the Government for consideration and approval.

2. The proposed program for drafting decrees is discussed and approved at the Government's meeting in October of the previous year.

3. Based on the results of the Government's meeting, the Government Office takes the lead, coordinating with the Ministry of Justice to finalize the Government's resolution on the program for drafting decrees, submitting it to the Prime Minister for signature and promulgation.

Article 18.Responsibilities for implementing the program for drafting decrees

1. The Government Office shall be responsible for:

a) Publishing on the Government's electronic information website the Government's resolution on the program for drafting decrees;

b) Taking the lead, coordinating with the Ministry of Justice to develop a plan to implement the program for drafting decrees;

c) Monitoring, urging, and inspecting the drafting process to ensure the progress and quality of the draft;

d) Reporting quarterly to the Prime Minister on the situation, progress in drafting the draft and any issues arising during the implementation of the program for drafting decrees;

đ) In case of necessity, reporting to the Prime Minister for consideration of adjusting the program for drafting decrees.

2. Ministries, agencies equivalent to ministries, and government agencies assigned to take the lead in drafting shall be responsible for ensuring the progress and quality of the draft decree; regularly sending quarterly reports to the Government Office on the situation, progress in drafting, and difficulties encountered during the drafting process.

Article 19.Request to adjust the program for drafting decrees

1. The program for drafting decrees may be adjusted in cases prescribed in Clause 1, Article 12 of this Decree.

2. Ministries, agencies equivalent to ministries, and government agencies shall send requests in writing to the Government Office and the Ministry of Justice regarding the adjustment of the program for drafting decrees.

In cases where the request is to remove from the program or adjust the submission time of the draft, the requesting agency must provide a memorandum clearly stating the reasons, directions, solutions, and implementation timeline.

In cases where the request is to include in the program, a detailed explanation about the necessity for issuing the document and a preliminary impact assessment of the document according to this Decree must be provided.

3. The Government Office shall take the lead, coordinating with the Ministry of Justice to study and consolidate the request to adjust the program for drafting decrees, presenting it to the Prime Minister for decision.

Chapter II

||| DRAFTING LEGAL INSTRUMENTS

Section 1

DRAFTING LAWS, ORDINANCES, RESOLUTIONS OF THE NATIONAL ASSEMBLY, STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DECREES OF THE GOVERNMENT

Article 20.Establishing the Drafting Board

1. The Minister, Head of an agency equivalent to a ministry, or a government agency assigned to take the lead in drafting the document shall establish the Drafting Board in the following cases:

a) Drafting a law project, ordinance, or draft resolution of the National Assembly, Standing Committee of the National Assembly submitted by the Government, except in cases prescribed in Clause 1, Article 30 of the Law on Enacting Legal Documents;

b) Drafting a draft decree of the Government.

2. The composition of the Drafting Board is stipulated in Article 31 and Clause 1, Article 60 of the Law on Enacting Legal Documents.

3. The Drafting Board ceases operations and dissolves itself after the document is issued.

Article 21.Principles of Operation of the Drafting Board

The Drafting Board operates under the following principles:

1. Operating under a collective discussion system;

2. Ensuring transparency, objectivity, and scientific rigor;

3. Emphasizing the responsibility of the Chairperson of the Drafting Board, members of the Drafting Board, and relevant agencies and organizations with members in the Drafting Board;

4. Ensuring coordination between ministries, agencies equivalent to ministries, government agencies, and relevant agencies and organizations;

5. Ensuring the participation of experts and scientists.

Article 22.Responsibilities of the Chairperson of the Drafting Board

The Chairperson of the Drafting Board has the following responsibilities:

1. Deciding on the activity plan of the Drafting Board;

2. Summoning and chairing meetings of the Drafting Board; in the absence of the Chairperson, assigning a Deputy Chairperson to chair the meeting;

3. Establishing and directing the activities of the Editorial Team;

4. Organizing meetings and seminars with the participation of experts and scientists to discuss major issues and issues with differing opinions on the content of the draft;

5. Proposing the leading agency to report and seek the Prime Minister's opinion on the guiding ideology and direction of the draft; major issues arising during the drafting process; differing opinions of Drafting Board members on the content of the draft.

6. Represent the Drafting Board in contacting relevant agencies and organizations to resolve issues related to the Drafting Board's tasks.

Article 23.Responsibilities of Drafting Board Members

Drafting Board members have the following responsibilities:

1. Fully participating in meetings of the Drafting Board. In case of absence, they must report and submit their opinions in writing to the Chairperson of the Drafting Board; simultaneously, appointing a person with appropriate expertise to attend the meeting;

2. Fulfilling tasks assigned by the Chairperson of the Drafting Board;

3. Regularly reporting and seeking leadership opinions on the content of the draft from their own agencies.

Article 24.Meetings of the Drafting Board

1. The Chairperson of the Drafting Board convenes meetings of the Drafting Board based on the nature, content of the draft, and requirements for the drafting schedule.

2. Meetings of the Drafting Board for laws and ordinances involve the attendance of representatives from the National Assembly's scrutiny agency, the National Assembly's Legal Affairs Committee, relevant agencies and organizations; experts, scientists, and members of the Editorial Team.

3. At the meeting, Drafting Board members discuss issues specified in Clause 2, Article 32 and Clause 2, Article 60 of the Law on Enacting Legal Documents.

The content of Drafting Board meetings must be recorded in minutes and kept in the project and draft file.

4. Documents serving the meetings of the Drafting Board must be prepared by the leading agency drafting the documents and sent to members of the Drafting Board no later than 5 (five) working days before the date of the meeting.

Article 25. Establishment of the Editorial Team

1. The Head of the Drafting Board establishes the Editorial Team to assist the Drafting Board.

2. The composition of the Editorial Team shall not exceed half (one-half) of the number of members being experts from the leading agency drafting the documents, with the remainder being experts from agencies, organizations represented by members of the Drafting Board, specialists, and scientists knowledgeable about the specialized issues within the scope of the draft project.

The number of members of the Editorial Team shall be at least 9 (nine) people.

3. The head of the Editorial Team is a member of the Drafting Board, appointed by the Head of the Drafting Board, and is responsible for reporting to the Head of the Drafting Board on assigned tasks.

4. Members of the Editorial Team are responsible for fully participating in the activities of the Editorial Team and are subject to the assignment of the head of the Editorial Team.

Article 26. Preparation of the dossier to seek opinions of the Standing Committee of the National Assembly regarding the issuance of the decree prescribed in Clause 4, Article 14 of the Law on Enacting Legal Normative Documents

1. The leading agency drafting the documents shall take the lead and coordinate with the Government Office and the Ministry of Justice to prepare the dossier to seek opinions of the Standing Committee of the National Assembly regarding the issuance of the decree prescribed in Clause 4, Article 14 of the Law on Enacting Legal Normative Documents, prior to submitting it to the Government.

2. The documents include:

a) Draft decree;

b) The report of the Government to the Standing Committee of the National Assembly shall be prepared by the Minister or the head of an equivalent agency leading the drafting, authorized by the Prime Minister, representing the Government to sign.

The report must clearly state the necessity of issuing the decree; basic policies and main contents of the draft; scope and objects regulated by the document; issues requiring opinions and issues with differing opinions;

c) A detailed explanation of the draft and a report on the impact assessment of the document;

d) Report summarizing the enforcement of laws and evaluating the current social relations relevant to the main content of the draft;

đ) Other related documents (if any).

3. The leading agency drafting the documents shall take the lead and coordinate with the Government Office, the Ministry of Justice, and relevant agencies to incorporate and perfect the draft according to the opinions of the Standing Committee of the National Assembly to submit to the Government.

Article 27. Seeking Opinions During the Drafting Process

1. During the drafting process, the leading agency drafting the documents shall be responsible for organizing the solicitation of opinions from entities directly affected by the document and from agencies, organizations, and individuals through methods prescribed in Clause 2, Article 35 of the Law on Enacting Legal Normative Documents.

2. The leading agency drafting the documents shall be responsible for clearly stating the issues requiring opinions suitable for each entity whose opinions are sought and the address for receiving opinions.

3. When posting the draft on the Government’s website or its own website to solicit opinions, the leading agency drafting the documents shall simultaneously post the report on the impact assessment of the document, specify the address and deadline for receiving opinions, and be responsible for consolidating, incorporating, and explaining the contents incorporated and not incorporated from the received opinions.

The document incorporating or explaining opinions and the draft that has been incorporated and revised must be posted on the Government’s website and the website of the leading agency drafting the documents.

4. The leading agency drafting the documents shall be responsible for sending the draft project and draft to ministries, equivalent agencies, and government agencies to solicit opinions on the content of the draft project and draft.

The Minister or the head of an equivalent agency, government agency shall be responsible for assigning the unit in charge of the relevant field to lead and coordinate with the legal department and other units to prepare participation opinions.

The document containing participation opinions must be sent to the leading agency drafting the documents within the latest 20 (twenty) working days from the date of receipt of the draft project and draft.

For draft projects and draft normative legal documents related to the rights and obligations of enterprises, the Minister or the head of an equivalent agency, government agency assigned to lead the drafting shall be responsible for sending them to the Vietnam Chamber of Commerce and Industry to solicit opinions from enterprises.

Within the latest 20 (twenty) working days from the date of receipt of the draft normative legal document, the Vietnam Chamber of Commerce and Industry must organize the solicitation of opinions from enterprises; consolidate the opinions and send them to the Ministry of Justice, the Government Office, and the ministries, equivalent agencies, and government agencies assigned to lead the drafting.

5. Participation opinions shall be consolidated into the following groups of entities:

a) State management agencies;

b) Experts and scientists;

c) Associations, chambers of commerce, and enterprises;

d) Entities directly affected by the document;

đ) Other entities (if any).

Article 28. Involvement of Organizations and Individuals in the Drafting Process

During the drafting process of the draft project and draft, the leading agency drafting the documents may mobilize the involvement of research institutes, universities, associations, chambers of commerce, and other related organizations or qualified and capable specialists and scientists in the following activities:

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

2. Surveying and sociological investigation; evaluating the actual social relations related to the draft project and draft;

3. Collecting, researching, and comparing relevant materials, international treaties related to the draft project and draft to serve the drafting process;

4. Participating in the activity of assessing the impact of the document.

Article 29. Processing of Draft Project and Draft Dossier at the Government Office

1. The Government Office shall be responsible for checking the dossier of the draft project and draft. In case the dossier of the draft project and draft does not meet the requirements, the Government Office shall issue a document requesting the leading agency drafting the documents to supplement and complete the dossier no later than 2 (two) working days from the date of receiving the dossier.

The agency requested shall be responsible for supplementing and completing the dossier and sending it to the Government Office within the latest 10 (ten) working days from the date of receipt of the request.

2. Within the latest 7 (seven) working days from the date of receiving the complete dossier of the draft project and draft, the Government Office shall be responsible for completing the Record of Work Resolution, clearly stating its review opinion.

In the case provided for in Article 38 of the Law on Enacting Legal Normative Documents, within no more than 7 (seven) working days from the date when the Government Office receives all necessary documents, the Minister, Head of the Government Office shall be responsible for organizing a meeting between relevant agencies. Within no more than 7 (seven) working days from the date of the meeting, the agency in charge of drafting shall be responsible for coordinating with relevant agencies to continue revising and perfecting the draft project to submit to the Government.

Article 30.Revising the draft project after the Government provides comments on the draft project

In the case where the Government discusses and approves the draft project, the agency in charge of drafting shall take the lead and coordinate with the Ministry of Justice, the Government Office, and relevant agencies to finalize the draft project and submit it to the Prime Minister for signing on behalf of the Government to present to the National Assembly and the Standing Committee of the National Assembly the draft law and ordinance; submit it to the Prime Minister for issuance as a decree after the Government discusses and approves it.

Section 2

DRAFTING THE DECISION OF THE PRIME MINISTER

Article 31.Drafting the decision of the Prime Minister

1. Ministries, ministerial-level agencies, and agencies under the Government shall take the lead in drafting the draft decision of the Prime Minister according to the division of labor by the Prime Minister.

2. The agency assigned to take the lead in drafting shall organize a summary of the implementation of laws; survey and evaluate the current social relations; study information and materials related to the content of the draft; prepare an outline, compile, and revise the draft; organize the collection of opinions; prepare the report and related documents for the draft.

3. During the drafting process, the agency in charge of drafting may mobilize the participation of research institutes, universities, associations, organizations, or experts and scientists who meet the conditions and capabilities in summarizing and evaluating the implementation of laws; reviewing and evaluating existing legal normative documents; conducting surveys and sociological investigations; evaluating the current social relations related to the draft; collecting, studying, and comparing relevant materials and international treaties related to the draft.

4. The agency in charge of drafting shall organize the drafting of the decision with the participation of representatives from the Ministry of Justice, the Government Office, and relevant agencies and organizations.

5. The agency in charge of drafting shall be responsible for organizing the collection of opinions from entities directly affected by the document and from agencies, organizations, and individuals through methods prescribed in Clause 2 of Article 35 of the Law on Enacting Legal Normative Documents.

The agency in charge of drafting shall clearly state the issues requiring opinions suitable for each entity and the address for receiving opinions; consolidate, adopt, and explain the contents of the contributed opinions; post on its electronic information website the document adopting or explaining the opinions and the revised draft.

The agency in charge of drafting shall send the draft to ministries, ministerial-level agencies, and agencies under the Government to collect opinions on the content of the draft.

Article 32.DOCUMENTATION FOR THE DRAFT DECISION TO BE SUBMITTED TO THE PRIME MINISTER

Documentation for the draft decision to be submitted to the Prime Minister includes:

1. A report to the Prime Minister on the draft decision after incorporating comments from the review.

The report must clearly state the necessity of issuing the document; the subjects and scope regulated by the document; the drafting process and the collection of opinions from agencies, organizations, and individuals; issues that still have differing opinions; explain the basic content of the document, including the objectives and policy issues to be resolved, the solutions to these issues, the positive and negative impacts of the solutions based on qualitative or quantitative analysis of costs and benefits, and clearly state the optimal solution chosen to resolve the issue.

2. The draft decision revised after receiving comments from the review;

3. A review report;

4. A report explaining the adoption of review comments;

5. A summary of opinions from agencies, organizations, and individuals on the draft; copies of opinions from ministries, ministerial-level agencies, and agencies under the Government; a report explaining the adoption of opinions;

6. Other related documents (if any).

Article 33.INSPECTION, HANDLING OF DOCUMENTATION AND REVISION OF THE DRAFT DECISION OF THE PRIME MINISTER

1. The Government Office shall be responsible for inspecting the documentation for the draft decision and compliance with the procedures for drafting the draft.

2. Within 7 (seven) working days from the date of receipt of the complete draft decision documentation, the Government Office shall be responsible for completing the Work Processing Report, clearly stating its review comments.

3. After the Prime Minister provides comments on the draft decision, the agency in charge of drafting shall take the lead and coordinate with the Ministry of Justice and the Government Office to revise and perfect the draft, submitting it to the Prime Minister for signature and issuance.

Section 3

DRAFTING THE CIRCULAR OF THE MINISTER, HEAD OF THE MINISTERIAL-LEVEL AGENCY

Article 34.Drafting the circular of the Minister, Head of the ministerial-level agency

1. The Minister, Head of the ministerial-level agency shall assign a unit under the ministry or ministerial-level agency to take the lead in drafting the draft circular and preparing the report.

The report must clearly state the necessity of issuing the document; the subjects and scope regulated by the document; the drafting process and the collection of opinions from agencies, organizations, and individuals; issues that still have differing opinions; explain the basic content of the document, including the objectives and policy issues to be resolved, the solutions to these issues, the positive and negative impacts of the solutions based on qualitative or quantitative analysis of costs and benefits, and clearly state the optimal solution chosen to resolve the issue.

2. The unit assigned to take the lead in drafting shall be responsible for coordinating with the legal affairs organization and related units to summarize the implementation of laws; survey and evaluate the current social relations in the field related to the draft; study relevant information and materials; prepare an outline, compile, and revise the draft; organize the collection of opinions; prepare the report and related documents for the draft.

3. During the drafting process, the leading unit may mobilize the participation of research institutes, universities, associations, organizations related to the draft, or experts and scientists with sufficient qualifications and capabilities in summarizing and evaluating the implementation of laws; reviewing and assessing current regulatory legal documents; conducting surveys and sociological investigations; assessing the actual status of social relations related to the draft content; collecting, researching, and comparing relevant materials and international treaties related to the draft.

4. Soliciting opinions during the drafting of circulars shall be carried out in accordance with Clause 5 of Article 31 of this Decree.

5. The legal affairs organization is responsible for examining draft circulars prepared by other units under the ministry or agency at the ministerial level. The leading unit in drafting is responsible for studying and incorporating examination opinions to perfect the draft and dossier before submitting them to the Minister or Head of the agency at the ministerial level for signature and issuance.

Article 35. Drafting Circulars by the Minister or Head of the Government Agency on the Industry or Field Under Their Supervision

1. Based on the state management requirements for the industry or field or pursuant to the assignment of the Prime Minister, the Head of the Government Agency organizes the drafting of circulars to submit to the Minister or Head of the agency at the ministerial level assigned to manage the industry or field for signature and issuance.

2. The unit entrusted by the Head of the Government Agency to lead the drafting shall coordinate with related units to summarize the situation of law enforcement; conduct surveys and assess the actual status of social relations related to the draft content; study relevant information and materials; prepare outlines, compile, and revise the draft; organize solicitation of opinions; prepare the submission report and relevant documents related to the draft.

3. During the drafting process, the leading unit may mobilize the participation of research institutes, universities, associations, organizations related to the draft, or experts and scientists with sufficient qualifications and capabilities in summarizing and evaluating the implementation of laws; reviewing and assessing current regulatory legal documents; conducting surveys and sociological investigations; assessing the actual status of social relations within the field related to the draft; collecting, researching, and comparing relevant materials and international treaties related to the draft.

4. The Head of the Government Agency organizes the drafting of circulars with the participation of representatives from the legal affairs organization and representatives from related units under the ministry or agency at the ministerial level assigned to manage the industry or field.

5. The legal affairs organization of the ministry or agency at the ministerial level is responsible for examining draft documents prepared by the Government Agency.

The leading unit in drafting of the Government Agency preparing the document is responsible for studying and incorporating examination opinions to perfect the draft and dossier before submitting them to the Minister or Head of the agency at the ministerial level for signature and issuance.

Article 36. Developing and Issuing Joint Circulars by the Minister or Head of the Agency at the Ministerial Level

1. Ministries and agencies at the ministerial level shall cooperate to issue joint circulars to designate an agency responsible for leading the drafting of joint circulars in cases where the leading drafting agency has not been clearly identified.

2. The agency entrusted to lead the drafting is responsible for organizing the summary of the situation of law enforcement; conducting surveys and assessments of the actual status of social relations; studying relevant information and materials related to the draft content; preparing outlines, compiling, and revising the draft; organizing solicitation of opinions; preparing the submission report and relevant documents related to the draft.

3. During the drafting process, the leading agency may mobilize the participation of research institutes, universities, associations, organizations related to the draft, or experts and scientists with sufficient qualifications and capabilities in summarizing and evaluating the implementation of laws; reviewing and assessing current regulatory legal documents; conducting surveys and sociological investigations; assessing the actual status of social relations; researching and comparing relevant materials and international treaties related to the draft.

4. The Minister or Head of the agency at the ministerial level leading the drafting of joint circulars shall organize the drafting with the participation of representatives from specialized units, legal affairs organizations under the ministry or agency at the ministerial level leading the drafting, representatives from the agency issuing the document jointly, and related agencies and organizations.

5. Soliciting opinions during the drafting of joint circulars shall be carried out in accordance with Clause 5 of Article 31 of this Decree.

6. The legal affairs organization of the leading agency in drafting shall take the lead and coordinate with the legal affairs organization of the agency issuing the document jointly to examine the draft joint circular.

The leading agency in drafting shall study and incorporate examination opinions to perfect the draft and dossier before submitting them to the Minister or Head of the agency at the ministerial level for joint signature and issuance.

Chapter III

IMPACT ASSESSMENT OF THE DOCUMENT

Article 37. Preliminary Impact Assessment of the Document

1. Ministries, agencies at the ministerial level, and Government Agencies when preparing proposals to establish laws, ordinances, decrees shall be responsible for conducting a preliminary impact assessment of the document to determine the societal issues that need to be regulated by regulatory legal documents; provide arguments for selecting the basic policies of the document to ensure that the issuance of the document is the optimal method to achieve the objectives.

2. The preliminary impact assessment report must clearly state the issue to be resolved and the policy's objectives, various solutions to address the issue; select the optimal solution based on economic, social, environmental, legal system impacts, effects on citizens' fundamental rights and obligations, compliance capacity of agencies, organizations, individuals, and other impacts.

3. The draft preliminary impact assessment report must be published along with cost-benefit analysis data and the proposal for establishing the document on the website of the agency proposing the establishment of the document for at least 20 (twenty) days to allow agencies, organizations, and individuals to participate in providing opinions.

The agency conducting the preliminary impact assessment is responsible for completing the report based on the received opinions.

Article 38.Evaluation of Impact Before and During the Drafting Process

1. Based on the preliminary impact assessment results, the agency responsible for drafting laws, ordinances, decrees shall be responsible for conducting an impact assessment before drafting the document and completing a simplified impact assessment report during the drafting process to ensure that the content of the draft provisions is based on the impact assessment results and represents the optimal solution, achieved in the most cost-effective manner to achieve management objectives.

The impact assessment focuses on economic, social, environmental, and legal system impacts; impacts on citizens' fundamental rights and obligations; the ability of agencies, organizations, and individuals to comply with the regulations; and other impacts.

2. The impact assessment report must clearly state the issues to be addressed and the policy objectives, the solutions to address the issues; select the optimal solution to address the issue based on a specific impact assessment of the measures to implement the basic policies of the draft document, based on qualitative or quantitative analyses of costs, benefits, and the positive and negative impacts of each measure.

3. In any of the following cases, a comprehensive impact assessment report must be developed based on qualitative and quantitative analysis of the impacts when the simplified impact assessment results indicate:

a) The document may generate annual costs of 15 billion Vietnamese 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 businesses;

d) The document may significantly increase consumer prices;

đ) The document has many differing opinions, is of public concern, and has a significant impact on common interests.

4. The draft impact assessment report must be published along with relevant data, cost-benefit calculations, and the draft document on the Government's website and the drafting agency's website for at least 30 days to allow agencies, organizations, and individuals to provide comments.

The agency responsible for the impact assessment must improve the impact assessment report based on the comments received.

Article 39.Post-Implementation Impact Assessment of the Document

1. Three years after the law, ordinance, decree takes effect, the ministry, agency equivalent to a ministry, or government agency responsible for drafting must assess the impact of the document in practice, compare it with the impact assessment results from the drafting stage to determine the rationality and feasibility of the provisions. On this basis, propose to the competent authority measures to enhance the effectiveness of the document or complete the document.

2. The content of the post-implementation impact assessment report includes: analysis of actual costs, benefits, and other impacts; the level of compliance with the document by the implementing entities and recommendations for implementation measures or amendments to abolish the document if necessary.

3. The draft post-implementation impact assessment report must be published along with relevant data and cost-benefit calculations on the website of the drafting agency for at least 30 days to allow agencies, organizations, and individuals to provide comments.

The agency responsible for the impact assessment must improve the report based on the comments received and submit it to the Ministry of Justice for consolidation and reporting to the Government.

Article 40.Ensuring the Quality of the Document Impact Assessment

1. The impact assessment report of the document must be reviewed and signed off by the Minister, head of an agency equivalent to a ministry, or government agency before submitting the proposal for the construction of the document; the draft document review file sent to the Ministry of Justice for consolidation and reporting to the Government.

2. The Minister, head of an agency equivalent to a ministry, or government agency is responsible for the objectivity and accuracy of the content of the impact assessment report.

Chapter IV

REVIEW OF LEGAL REGULATORY DOCUMENT PROJECTS AND DRAFTS

Section 1

REVIEW OF LEGAL REGULATORY DOCUMENT PROJECTS AND DRAFTS CONDUCTED BY THE MINISTRY OF JUSTICE AND THE REVIEW BOARD

Article 41.Responsibilities of the Ministry of Justice in reviewing legal regulatory document projects and drafts

The Ministry of Justice is responsible for:

1. Organizing reviews within the prescribed time frame; ensuring the quality of the review reports;

2. Conducting research on matters related to the project and draft;

3. Organizing seminars on the content of the document to be reviewed before receiving the review files;

4. Organizing advisory review meetings with the participation of relevant agencies, organizations, experts, and scientists;

5. Participating with the drafting agency in field surveys on issues related to the project and draft;

6. Participating in the activities of the drafting board and editorial team during the drafting process;

7. Requesting relevant ministries, agencies equivalent to ministries, and government agencies to send representatives to cooperate in the review;

8. Requesting the drafting agency to present the project and draft and provide relevant information and materials;

9. Inviting representatives of relevant agencies, organizations, experts, and scientists to participate in the review process.

Article 42.Responsibilities of the ministry, agency equivalent to a ministry, or government agency responsible for drafting in the review of project and draft

1. The ministry, agency equivalent to a ministry, or government agency responsible for drafting the project and draft must:

a) Submit all required review files to the Ministry of Justice as stipulated;

b) Provide relevant information and materials; present the project and draft as requested by the Ministry of Justice;

c) Appoint suitable representatives with appropriate expertise to participate in the Review Board and review meetings as requested by the Ministry of Justice;

d) Invite representatives of the Ministry of Justice and the Government Office to participate in the drafting process;

đ) Cooperate with the Ministry of Justice and the Government Office to study and incorporate feedback from the review to refine the project and draft for submission to the Government and Prime Minister.

e) Receive and respond to comments from the review process, report to the Government and the Prime Minister for consideration and decision; send the revised draft and the response to the comments to the Ministry of Justice and the Government Office; publish the revised draft based on the incorporation of review comments on the Government's electronic information website and their own agency’s website.

Article 43. Documentation for the project and draft sent for review

1. The documentation for the project of laws, ordinances, and draft decrees sent for review shall be carried out in accordance with Clause 2 of Article 36 and Clause 2 of Article 63 of the Law on Enacting Legal Normative Documents.

The project or draft sent for review must be the version that has been studied and incorporated comments from relevant agencies, organizations, and individuals.

2. The documentation for the draft decision of the Prime Minister sent for review includes:

a) A letter requesting review;

b) A draft report to the Prime Minister on the issuance of the document;

c) A detailed explanatory note on the draft;

d) The draft document after incorporating opinions;

đ) A summary of opinions from agencies, organizations, and individuals on the draft document; copies of opinions from ministries, equivalent ministries, and government agencies; a report explaining and incorporating opinions on the draft.

3. The number of sets of documentation submitted for review is 10 (ten) copies.

Article 44. Receiving Documentation for Review

1. The Ministry of Justice is responsible for receiving and checking the documentation for projects and drafts sent for review.

In case the review documentation does not meet the requirements stipulated, within the latest period of 3 (three) working days from the date of receipt of the documentation, the Ministry of Justice will request the drafting agency to supplement the documentation.

2. The drafting agency is responsible for supplementing the review documentation within the latest period of 10 (ten) working days from the date of receiving the request to supplement the documentation.

The review period starts from the date when all review documents are received.

Article 45. Organizing an Advisory Review Meeting

In cases where a Review Board is not established, when necessary, the Ministry of Justice will organize an advisory review meeting with the participation of representatives from the drafting agency, relevant units under the Ministry of Justice, representatives from related agencies and organizations, experts, and scientists.

Article 46. Establishment and Operation of the Review Board

1. The Minister of Justice establishes the Review Board in cases prescribed in Clause 1 of Article 36 and Clause 1 of Article 63 of the Law on Enacting Legal Normative Documents.

The Review Board consists of the Chairman of the Review Board, the Secretary of the Review Board, and other members who are representatives of the Ministry of Justice, the Government Office, and representatives of related agencies and organizations, experts, and scientists.

Members of the Review Board must be individuals knowledgeable about the specialized issues related to the industry or field covered by the project or draft.

2. The total number of members of the Review Board must be at least 9 (nine) people.

For cases where the project or draft is drafted by the Ministry of Justice, the representative of the Ministry of Justice cannot exceed 1/3 (one third) of the total number of members.

For cases where the project or draft involves complex content related to multiple industries and fields not drafted by the Ministry of Justice, the representative of the Ministry of Justice cannot exceed 1/2 (one half) of the total number of members.

3. The Review Board operates on the principle of collective discussion. The Review Board ceases its activities and dissolves itself after submitting the review report to the competent authority.

Article 47. Meeting of the Review Board

1. The Chairman of the Review Board is responsible for organizing the review meeting. The Review Board meeting can only be held if at least 1/2 (one half) of the total number of members are present.

In case a member cannot attend the review meeting, they must submit their opinion in writing to the Chairman of the Review Board.

The representative of the drafting agency is responsible for participating in the session of the Review Board.

In case of necessity, the Ministry of Justice may invite representatives of entities directly affected by the document and representatives of related agencies and organizations to participate in the Review Board meeting.

2. Materials serving the Review Board meeting must be sent by the Ministry of Justice to the members of the Review Board at the latest 5 (five) working days before the meeting is organized.

3. At the Review Board meeting, the representative of the drafting agency presents the main contents of the project or draft and responds to issues related to the content of the project or draft as requested by the members of the Review Board.

Members of the Review Board discuss the review content specified in Clause 3 of Article 36 of the Law on Enacting Legal Normative Documents and other issues related to the content of the project or draft.

The Chairman of the Review Board concludes the content of the meeting based on the opinions of the majority of the members of the Review Board.

4. The Secretary of the Review Board is responsible for recording the minutes of the meeting.

The minutes must record all statements made during the meeting. The minutes must be signed by the Chairman and the Secretary of the Review Board.

Article 48. Preparation of the Review Report of the Review Board

Based on the minutes of the Review Board meeting, the Secretary of the Review Board prepares the draft review report for the Chairman of the Review Board to examine and sign the report within the latest period of 3 (three) working days from the end of the review meeting.

The review report is stamped by the Ministry of Justice.

Section 2

REVIEW OF THE CIRCULAR DRAFT IMPLEMENTED BY LEGAL INSTITUTIONS

Article 49. Responsibilities of the Legal Institution Organization of Ministries and Equivalent Agencies in Reviewing the Circular Draft of the Minister or Head of Equivalent Agency

1. Conduct the review within the stipulated time frame and ensure the quality of the review report.

2. Organize the study of contents related to the draft.

3. Participate with the drafting unit in conducting surveys on issues related to the content of the draft.

4. Request the drafting unit to present the draft.

5. Request the drafting unit to provide information and materials related to the draft.

6. Coordinate with the drafting unit during the drafting process of the circular.

7. Propose the Minister or Head of Equivalent Agency to assign other units to cooperate in the review or organize an advisory review meeting with the participation of relevant agencies, organizations, units, experts, and scientists in cases where the draft contains complex content.

Article 50. Responsibilities of Units Under Ministries and Equivalent Agencies

1. The drafting unit under ministries and equivalent agencies is responsible for:

a) Inviting representatives of the legal institution organization to participate in the drafting activities of the draft.

b) Submitting all appraisal files to the legal department of the ministry or agency at the ministerial level; providing information and materials related to the draft circular upon request of the legal department; c) Presenting the draft circular when requested by the legal department; d) Cooperating with the legal department to study, adopt, and revise the draft based on the appraisal opinions; đ) Providing written explanations regarding the adoption or non-adoption of the appraisal opinions and reporting to the Minister or Head of the agency at the ministerial level, while sending the explanation to the legal department.

c) Presenting the draft circular when requested by the legal department;

d) Cooperating with the legal department to study, adopt, and revise the draft based on the appraisal opinions;

đ) Providing written explanations regarding the adoption or non-adoption of the appraisal opinions and reporting to the Minister or Head of the agency at the ministerial level, while sending the explanation to the legal department.

2. Units under the ministry or agency at the ministerial level within their functions, tasks, and authorities shall be responsible for:

a) Appointing representatives with appropriate expertise to cooperate in the appraisal process upon the request of the legal department;

b) Providing information and materials related to the appraisal process upon request of the legal department.

Chapter V

TRANSLATION OF LEGAL DOCUMENTS

Article 51. Translation of legal documents into foreign languages

1. Except for documents containing state secrets, the following legal documents must be translated into English and may also be translated into other foreign languages:

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

b) Decrees of the Government, decisions of the Prime Minister, and circulars of ministers or heads of agencies at the ministerial level that relate to or affect trade goods, services, and intellectual property.

2. Legal documents not covered by Clause 1 of this Article may be translated into English and other foreign languages, except for documents containing state secrets.

3. The lead drafting agency shall coordinate with the Vietnam News Agency to translate legal documents specified in Clause 1 of this Article into English.

4. Translations of legal documents into foreign languages must accurately reflect the spirit and content of the original documents.

5. Translations of legal documents into English as specified in Clause 1 of this Article must be published on the Government's electronic information website within ninety days from the date of publication in the Official Gazette.

6. Translations of legal documents into foreign languages serve as reference material.

Article 52. Translation of legal documents into ethnic minority languages

1. Depending on the nature and content of the document, the Minister of Ethnic Minorities Affairs or the Chairman of the Ethnic Minorities Commission decides on the translation and organization of the translation of legal documents into ethnic minority languages.

2. Translations of legal documents into ethnic minority languages must accurately reflect the spirit and content of the original documents.

3. Translations of legal documents into ethnic minority languages serve as reference material.

Chapter VI

OTHER PROVISIONS

Article 53. Drafting and Issuing a Single Document to Amend, Supplement, Replace, Repeal, or Abolish Multiple Documents

Ministries, agencies at the ministerial level, and government agencies have the responsibility to propose the issuance, drafting, and submission to competent authorities or issuance according to their authority of a single legal document to amend, supplement, replace, repeal, or abolish contents in multiple legal documents issued by the same authority in the following cases:

1. When it is necessary to perfect the law in a timely manner to implement international commitments;

2. When it is necessary to simultaneously amend, replace, repeal, or abolish multiple documents whose amended, replaced, repealed, or abolished contents belong to the same field or are closely related to ensure consistency with newly issued documents;

3. When the proposed document contains provisions that differ from another document issued by the same authority, and the proposed document relates to one or more such documents.

Article 54. Drafting and Issuing Legal Documents Through Simplified Procedures

1. In cases stipulated in Clause 1 of Article 75 of the Law on Issuing Legal Documents, ministers, heads of agencies at the ministerial level, and government agencies shall submit documents requesting the Prime Minister to decide on applying simplified procedures for issuing decrees of the Government and decisions of the Prime Minister; requesting the Prime Minister to submit to competent authorities for decision on applying simplified procedures as prescribed in Clause 2 of Article 75 of the Law on Issuing Legal Documents.

If it is deemed necessary to apply simplified procedures for drafting and issuing documents of the National Assembly, the Standing Committee of the National Assembly, the President, or the Prime Minister, they shall instruct relevant ministries or agencies at the ministerial level to prepare documents for the Prime Minister to submit to competent authorities for decision.

2. The content of the request document as stipulated in this Clause must clearly state the reasons for applying simplified procedures, the name of the document, the necessity of issuing the document; the subject and scope regulated by the document; the main content of the document; the expected lead drafting agency and the time for submitting the document.

Article 55. Preparation of the Government's Opinion on Proposals for Drafting Laws and Ordinances from Agencies and Organizations; Proposals for Drafting Laws and Ordinances, and Suggestions on Laws and Ordinances from National Assembly Deputies

1. The Office of the Government is responsible for collecting proposals for drafting laws and ordinances from agencies and organizations and proposals for drafting laws and ordinances and suggestions on laws and ordinances from National Assembly deputies and sending them to the Ministry of Justice.

2. The Ministry of Justice is responsible for studying and preparing the Government's opinion on proposals for drafting laws and ordinances from agencies and organizations and proposals for drafting laws and ordinances and suggestions on laws and ordinances from National Assembly deputies, and reporting to the Prime Minister for decision.

The Minister of Justice, acting on behalf of the Prime Minister, represents the Government in reporting the Government's opinion to the Standing Committee of the National Assembly.

Article 56. Preparation of the Government's Opinion on Draft Laws and Ordinances, Draft Resolutions of the National Assembly, and the Standing Committee of the National Assembly Not Submitted by the Government

1. Within three (3) working days from the date of receiving the project dossier or draft not submitted by the Government, the Office of the Government shall be responsible for reporting and recommending to the Prime Minister to assign a ministry or equivalent agency to take the lead and coordinate with the Ministry of Justice to prepare the Government's opinion, while sending the project dossier or draft to relevant ministries and equivalent agencies to solicit their opinions.

2. Within five (5) working days from the date of receiving the dossier, ministries and equivalent agencies shall be responsible for submitting participation documents regarding the contents of the project or draft to the ministry or equivalent agency assigned by the Prime Minister to prepare the opinion.

3. In case of necessity or at the request of the leading agency preparing the opinion, the Prime Minister decides to discuss the project or draft at a session of the Government.

4. Based on the participation documents of ministries and equivalent agencies or the results of discussions among members of the Government, the Minister or Head of an equivalent agency assigned by the Prime Minister to prepare the opinion shall lead and coordinate with the Office of the Government and the Ministry of Justice to compile and finalize the participation documents; acting on behalf of the Prime Minister and representing the Government, sign and send the document to the agency or organization responsible for drafting.

Article 57. Numbering the draft of normative legal documents

The leading agency responsible for drafting shall be responsible for numbering the draft of normative legal documents to facilitate tracking and soliciting opinions on the draft, except in cases where normative legal documents are established and issued according to the simplified procedures stipulated in Article 75 of the Law on Enacting Normative Legal Documents.

The numbering of draft regulatory legal instruments shall be carried out as follows:

1. Draft 1 is the draft submitted by the drafting board or the leading unit to the head of the leading agency for drafting.

2. Draft 2 is the draft decided by the head of the leading agency for drafting to send and publish on the Government’s electronic information portal or the portal of the leading agency for drafting for agencies, organizations, and individuals to participate in providing opinions.

3. Draft 3 is the draft sent to the reviewing agency after incorporating the opinions of agencies, organizations, and individuals.

4. Draft 4 is the draft that has incorporated the review opinions and is submitted to the Government for consideration and decision on whether to submit it to the National Assembly or the Standing Committee of the National Assembly for laws and ordinances; to the Government for consideration and approval for decrees; to the Prime Minister for issuance for decisions; to the Minister or Head of an equivalent agency for issuance for circulars and joint circulars.

5. Draft 5 is the draft revised technically after incorporating the opinions of Government members before the Prime Minister signs on behalf of the Government to submit it to the National Assembly or the Standing Committee of the National Assembly (for laws and ordinances); before the Prime Minister signs for issuance (for decrees); after incorporating the Prime Minister's opinions (for decisions); and before the Minister or Head of an equivalent agency signs for issuance (for circulars and joint circulars).

Article 58. Determining the effectiveness of normative legal documents

1. The effective date of normative legal documents must be specifically stipulated in the document according to the principles set forth in Clause 1 of Article 78 and Article 79 of the Law on Enacting Normative Legal Documents.

2. The leading agency responsible for drafting must propose a specific effective date for the document in the draft based on ensuring sufficient time for the public to access the document and for implementing entities to prepare for its implementation.

In case the issuance of normative legal documents by the Government or the Prime Minister is delayed compared to the planned schedule, the Office of the Government shall cooperate with the leading agency responsible for drafting to determine the specific effective date of the document after the Prime Minister signs it.

The signing date of the document is the date when the Office of the Government issues the document signed by the Prime Minister.

Article 59. Authority to sign and issue normative legal documents of the Government, the Prime Minister, Ministers, and Heads of equivalent agencies

1. The Prime Minister signs and issues decrees of the Government, joint resolutions between the Government and central agencies of political-social organizations, and decisions of the Prime Minister.

In case of absence, the Prime Minister may delegate a Deputy Prime Minister to sign and issue normative legal documents within his authority.

2. Ministers and Heads of equivalent agencies sign and issue circulars of Ministers and Heads of equivalent agencies, and joint circulars where the Minister or Head of an equivalent agency is a party to the issuance.

In case of absence, Ministers and Heads of equivalent agencies may delegate a deputy to sign and issue normative legal documents within their authority.

Article 60. Numbering, code, and format of normative legal documents of the Government, the Prime Minister, Ministers, and Heads of equivalent agencies

1. Normative legal documents of the Government, the Prime Minister, Ministers, and Heads of equivalent agencies must be numbered according to the year of issuance and have unique codes for each type of normative legal document as prescribed in Article 7 of the Law on Enacting Normative Legal Documents.

The numbering must start from number 01 for each type of document issued in that year.

Joint legal normative documents shall be numbered in sequence according to the number of the legal normative document of the leading drafting agency.

2. Abbreviations of normative legal documents and issuing agencies are defined as follows:

a) Abbreviations of normative legal documents:

Decree is abbreviated as NĐ;

Joint resolution is abbreviated as NQLT;

Decision is abbreviated as QĐ;

Circular is abbreviated as TT;

Joint circular is abbreviated as TTLT.

b) Abbreviations of issuing agencies:

Government is abbreviated as CP;

Prime Minister is abbreviated as TTg;

For the names of ministries and equivalent agencies, abbreviate using the first letter of each word in the name of the ministry or equivalent agency in uppercase; for names of ministries and equivalent agencies containing the conjunction "and", do not abbreviate the conjunction;

For the names of joint agencies, abbreviate using the uppercase letters of the name of the leading agency for drafting; abbreviate using the uppercase letters of the names of participating agencies in alphabetical order in Vietnamese.

3. Regulatory legal documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies must be issued in the correct format, ensuring the following elements are complete:

a) National emblem;

b) Name of the agency issuing the document;

c) Number and code of the document;

d) Place name and date of issuance of the document;

đ) Type of document and summary of the document's content;

e) Content of the document;

g) Position, full name, and signature of the authorized person;

h) Seal of the issuing agency;

i) Recipients.

Article 61. Distinguishing regulatory legal documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies from administrative documents

1. The Government issues regulatory legal documents in the form of decrees to stipulate matters as provided for in Article 14 of the Law on Issuing Legal Regulatory Documents.

The Government issues resolutions to decide on matters concerning tasks, measures for directing and managing economic and social development during specific periods; approving programs and projects; confirming electoral units and the number of members of provincial People's Councils; programs for drafting decrees; adjusting the administrative boundaries of districts and communes; confirming election results for members of provincial People's Committees and similar issues.

2. The Prime Minister issues legal regulatory decisions to stipulate matters as provided for in Article 15 of the Law on Issuing Legal Regulatory Documents.

Decisions of the Prime Minister regarding the approval of programs and projects; assigning socio-economic targets to agencies and units; establishing universities; setting up temporary steering committees, councils, and boards to implement tasks within a specified period; rewarding, disciplining, transferring work assignments; appointing, dismissing, removing from office, accepting resignation, temporarily suspending work of civil servants and similar issues are not considered regulatory legal documents.

The Prime Minister issues documents in the form of directives to urge the implementation of laws and regulatory legal documents.

3. Ministers, Heads of ministerial-level agencies issue regulatory legal documents in the form of circulars to stipulate matters as provided for in Article 16 of the Law on Issuing Legal Regulatory Documents.

For matters concerning the approval of programs and projects; approving regulations of associations and non-governmental organizations; adjusting internal operation rules of agencies and units; launching competitive campaigns; directing and managing administrative affairs; urging and inspecting the implementation of laws and regulatory legal documents and similar issues, Ministers, Heads of ministerial-level agencies, and agencies under the Government issue documents in the form of decisions or directives.

Article 62. Reviewing and systematizing regulatory legal documents

1. Ministries, ministerial-level agencies, and agencies under the Government have the responsibility to regularly review regulatory legal documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Ministers, and Heads of ministerial-level agencies related to their respective sectors and fields to promptly examine and propose competent state agencies to suspend enforcement, amend, supplement, replace, abolish, or revoke when:

a) Economic and social conditions have changed or when new documents are issued making the content of previously issued documents no longer appropriate;

b) Self-discovered or received information, requests, or proposals from agencies, organizations, or individuals about regulatory legal documents containing content that appears to violate the law, contradict each other, overlap, or no longer fit the situation.

2. Ministries, ministerial-level agencies, and agencies under the Government have the responsibility to periodically systematize every five years according to topics and fields regulatory legal documents and legal provisions still in effect issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Ministers, and Heads of ministerial-level agencies related to their respective sectors and fields.

3. In reviewing and systematizing regulatory legal documents, Ministers, Heads of ministerial-level agencies, and agencies under the Government have the responsibility:

a) To compile a list of documents and provisions that have expired; a list of documents still in effect but containing provisions that need to be amended, supplemented, or abolished, revoked within their respective sectors and fields;

b) To submit the list of expired documents and provisions to the Official Gazette every six months;

c) To promptly suspend enforcement, amend, supplement, replace, abolish, or revoke the regulatory legal documents within their authority or propose competent state agencies to suspend enforcement, amend, supplement, replace, abolish, or revoke the regulatory legal documents when discovering provisions that violate the law, are no longer suitable for economic and social conditions, or when higher-level state agencies issue new documents making the content of the documents no longer appropriate;

d) When discovering administrative documents such as letters, notifications, telegrams, guidance, and other papers containing legal provisions, they must promptly suspend enforcement, handle within their authority, or propose competent state agencies to suspend enforcement and handle according to the law.

4. Legal departments take the lead and coordinate with units under ministries, ministerial-level agencies, and agencies under the Government to review and systematize regulatory legal documents related to their respective sectors and fields as prescribed in Clause 1 and Clause 2 of this Article.

Article 63. Responsibilities of the Ministry of Science and Technology Responsibility for monitoring and evaluating the implementation of regulatory legal documents

1. Ministries, ministerial-level agencies, and agencies under the Government have the responsibility to annually evaluate the implementation of documents they draft or issue to promptly urge, organize, guide the implementation of the documents, or propose competent authorities to amend, supplement, or abolish provisions that are no longer appropriate.

2. The content of the evaluation of the implementation of documents focuses on the following issues:

a) The degree of compliance with the document by agencies, organizations, and individuals and reasons for compliance or non-compliance with the document;

b) Effectiveness of the dissemination and popularization work of the document;

c) Reasonableness of the provisions in the document;

d) Ensuring conditions for implementing the document regarding financial resources, human resources, and organizational structure to implement the document.

3. Ministries, ministerial-level agencies, and government agencies shall be responsible for sending reports evaluating the implementation of laws, ordinances, decrees, and decisions of the Prime Minister concerning their respective sectors and fields (as provided for in Clause 2 of this Article) to the Ministry of Justice every October for consolidation and submission to the Government.

4. Legal institutions shall have the following responsibilities:

a) Cooperating with units under ministries, ministerial-level agencies, and government agencies and related agencies in evaluating the implementation of documents;

b) Monitoring and urging units under ministries, ministerial-level agencies, and government agencies in evaluating the implementation of documents;

c) Consolidating and preparing annual reports of ministries, ministerial-level agencies, and government agencies on the evaluation of the implementation of documents related to their respective sectors and fields, and submitting them to the Ministry of Justice for consolidation and submission to the Government;

d) Urging units under ministries, ministerial-level agencies, and government agencies in drafting detailed implementing regulations for laws, ordinances, decrees, decisions, and circulars within their respective tasks.

5. In the work of monitoring and evaluating the implementation of documents, the Ministry of Justice shall be responsible for:

a) Guiding and urging ministries, ministerial-level agencies, and government agencies in the work of evaluating the implementation of documents;

b) Monitoring and urging ministries, ministerial-level agencies, and government agencies in drafting detailed implementing regulations for laws, ordinances, decrees, and decisions;

c) Consolidating and reporting to the Government on the situation of the implementation of regulatory legal documents nationwide every December.

Article 64.Responsibilities of the Ministers, Heads of ministerial-level agencies, and government agencies in improving the quality of regulatory legal documents

1. Adhering to the procedures for drafting and promulgating regulatory legal documents as prescribed in the Law on Enacting Regulatory Legal Documents and this Decree.

2. Ensuring conditions for the work of drafting regulatory legal documents in ministries, ministerial-level agencies, and government agencies.

3. Organizing training to enhance the capacity for policy analysis, planning the program for drafting regulatory legal documents; skills in drafting, impact assessment, soliciting comments on draft documents; and evaluating the implementation of regulatory legal documents.

4. Providing information related to their respective sectors and fields when requested by the lead drafting agency, the reviewing agency, and the examining agency.

5. The Ministry of Justice shall be responsible for guiding the procedures and methods for assessing the impact of documents; guiding the business of proposing the drafting of regulatory legal documents; drafting techniques; examination techniques; reviewing, systematizing, checking regulatory legal documents, and evaluating the implementation of documents.

6. The Ministry of Justice shall take the lead and coordinate with relevant agencies to guide the format and presentation techniques for regulatory legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies, and joint regulatory legal documents.

Article 65.Ensuring conditions for information for the activities of drafting and perfecting the legal system

Ministers, Heads of ministerial-level agencies, and government agencies shall be responsible for:

1. Equipping technical means and information technology to promptly and effectively meet the requirements of accessing, researching, and processing information related to the activities of drafting and reviewing, systematizing, and checking regulatory legal documents of ministries, ministerial-level agencies, and government agencies;

2. Providing materials and information related to their respective sectors and fields to serve the activities of drafting and perfecting the legal system according to the requirements of ministries, ministerial-level agencies, government agencies, other agencies, organizations, and individuals concerned.

Article 66.Ensuring conditions for human resources

Ministers, Heads of ministerial-level agencies, and government agencies shall be responsible for:

1. Allocating staff to support the drafting of regulatory legal documents;

2. Strengthening the team of staff participating in the activities of drafting and perfecting the legal system of ministries, ministerial-level agencies, and government agencies;

3. Based on the actual conditions of their agencies, organizing at least once a year training and enhancing the necessary knowledge and skills for the team of staff participating in the activities of drafting and perfecting the legal system.

Article 67.Ensuring funding for drafting regulatory legal documents and perfecting the legal system

1. Funding for drafting regulatory legal documents and perfecting the legal system is provided from the state budget and included in the regular operating budget of ministries, ministerial-level agencies, and government agencies to carry out the following activities:

a) Research and propose the drafting of legal documents;

b) Develop a draft program for drafting legal documents;

c) Investigate, research, and survey during the drafting of legal documents;

d) Drafting documents;

đ) Impact assessment of documents;

e) Organizing public opinion on project and draft documents;

g) Reviewing and commenting on draft projects and draft documents;

h) Examination by the Office of the Government of project proposals and draft documents;

i) Reviewing and systematizing legal documents;

k) Translating documents into foreign languages and ethnic minority languages;

l) Checking and handling documents;

m) Monitoring and evaluating the implementation of documents.

2. The Minister of Justice shall take the lead and coordinate with the Minister of Finance and the Chairman of the Office of the Government to guide the expenditure standards for the activities specified in Clause 1 of this Article.

3. The Ministry of Finance shall be responsible for providing sufficient and timely funding for drafting regulatory legal documents and perfecting the legal system.

4. The lead drafting agency may use supplementary funds from projects, organizations, and individuals both domestically and internationally, in accordance with the law, to supplement the funding for drafting regulatory legal documents and perfecting the legal system.

Article 68.Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, and government agencies shall be responsible for implementing this Decree.

Ministers, Heads of ministerial-level agencies, and government agencies shall specify the detailed procedures and formalities for drafting, promulgating, reviewing, systematizing, checking, and handling regulatory legal documents applicable in their respective agencies.

2. In case the People's Committee of the province is the agency entrusted to lead the drafting of draft projects and draft regulatory legal documents within the competence of central state agencies, the procedures for drafting and promulgating such documents shall be applied in accordance with the provisions of this Decree.

3. In case of drafting and promulgating joint resolutions between the Government and the central agencies of political-social organizations, the procedures shall be applied similarly to the provisions set forth in Section 1, Chapter II of this Decree.

In case of drafting and promulgating joint circulars between the Minister, Head of a ministerial-level agency, and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the procedures shall be applied similarly to the provisions set forth in Section 3, Chapter II of this Decree.

Article 69. Effective Date

This Decree takes effect from April 20, 2009.

This Decree replaces Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain articles of the Law on Enacting Regulatory Legal Documents and the Law Amending and Supplementing Certain Articles of the Law on Enacting Regulatory Legal Documents./.