Circular No. 24/2015/TT-BNNPTNT amending and supplementing certain articles of Circular No. 50/2013/TT-BNNPTNT dated November 19, 2013, issued by the Minister of Agriculture and Rural Development on the procedures and formalities for drafting and promulgating legal regulatory documents of the Ministry of Agriculture and Rural Development.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 50/2013/TT-BNNPTNT dated November 19, 2013 of the Minister of Agriculture and Rural Development on procedures and formalities for drafting and promulgating normative legal documents of the Ministry of Agriculture and Rural Development dated November 19, 2013 of the Minister of Agriculture and Rural Development on procedures and formalities for drafting and promulgating normative legal documents of the Ministry of Agriculture and Rural Development concerning normative legal documents of the Ministry of Agriculture and Rural Development

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

Pursuant to the Law on Consolidation of Normative Legal Documents dated March 22, 2012;

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

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain provisions of related decrees on administrative procedure control;

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

At the proposal of the Director of the Legal Department;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 50/2013/TT-BNNPTNT dated November 19, 2013 of the Minister of Agriculture and Rural Development on procedures and formalities for drafting and promulgating normative legal documents of the Ministry of Agriculture and Rural Development.

Article 1. Amending and supplementing certain provisions of Circular No. 50/2013/TT-BNNPTNT dated November 19, 2013 of the Minister of the Ministry of Agriculture and Rural Development on procedures and formalities for drafting and promulgating normative legal documents of the Ministry of Agriculture and Rural Development:

The title "People's Artist" shall be awarded to individuals specified in Clause 2 of Article 2 of this Decree who meet the following criteria:

“ 3. Draft projects and draft documents must be submitted to the Minister for comments before being sent out for wide consultation; submitted to the Ministry of Justice for review; and presented to the Government, Prime Minister, or other necessary entities as directed by the Minister.”

2. Clause 4 of Article 5 is amended and supplemented as follows:

“4. The leading unit responsible for drafting draft projects and draft documents containing administrative procedures must organize an impact assessment of such administrative procedures according to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP); Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain provisions of related decrees on administrative procedure control (hereinafter referred to as Decree No. 48/2013/NĐ-CP); and Circular No. 07/2014/TT-BTP dated February 24, 2014 of the Minister of Justice guiding the assessment of administrative procedures and the review and evaluation of administrative procedures.

The impact assessment of administrative procedures shall be conducted during the drafting stage of normative legal documents and must be completed before submitting the documents to the competent authority for review.”

3. Clause 1, Clause 3 of Article 8 are amended and supplemented as follows:

“1. The budget for drafting normative legal documents shall be implemented according to the joint Circular No. 92/2014/TTLT-BTC-BTP-VPCP dated July 14, 2014 of the Ministry of Finance, Ministry of Justice, and Office of the Government guiding the preparation, management, use, and settlement of the state budget funds ensuring the work of drafting normative legal documents and perfecting the legal system and mobilizing from other sources (aid, sponsorship from organizations and individuals both within and outside the country).

3. The Legal Department is the central unit responsible for compiling the budget for the activities of drafting normative legal documents of the Ministry and the budget for administrative procedure control of the Ministry according to the annual plan and send it to the Financial Department to prepare the allocation plan and submit to the Ministry for decision to allocate the state budget funds to units to implement.”

4. Point e Clause 2 of Article 17 is amended and supplemented as follows:

“e) Submit the project and draft documents to the Minister for approval before soliciting wide consultations; submit them to the Ministry of Justice for review. Solicit opinions from the Ministry's leadership before submitting to the Minister for signature and submission to the competent authority.”

5. Supplement Clause 7 of Article 18

“7. Solicit opinions from the Ministry's leadership

The leading unit responsible for drafting shall solicit opinions from the Ministry's leadership on projects and drafts before submitting to the Minister for submission to the competent authority.”

6. Point h Clause 1 of Article 25 is amended and supplemented as follows:

“ h) Submit the draft circular to the Deputy Minister in charge for guidance during the drafting process; submit the draft circular to the Ministry's leadership for comments before submitting to the Minister for signature and issuance.”

7. Clause 2 of Article 26 is amended and supplemented as follows:

“2. Solicit opinions from the Legal Department

a) In case the draft circular contains administrative procedures, the leading unit responsible for drafting shall prepare two sets of files and send them to the Legal Department. The files include:

A letter requesting comments: In addition to general contents of the draft, clearly specify the number of administrative procedures stipulated in the draft circular; including new procedures, amended and supplemented procedures, replaced procedures, and abolished procedures;

The draft circular;

An attached list detailing specific contents of each administrative procedure; for abolished procedures, only a list needs to be prepared.

Besides commenting on the content of the draft, the Legal Department will provide comments on administrative procedures according to Clause 2 of Article 1 of Decree No. 48/2013/NĐ-CP.

The time limit for comments is ten working days from the date the Legal Department receives complete and valid files.

b) In case the draft circular does not contain administrative procedures, the leading unit responsible for drafting shall be responsible for soliciting comments from the Legal Department.”

8. Clause 8 of Article 28 is amended and supplemented as follows:

“8. The comments from the Legal Department and the Review Board must be studied by the leading unit responsible for drafting, with a report explaining the adoption of the comments and the revision and completion of the draft circular before presenting to the Minister for consideration and signature;

In case there are differing opinions between the leading unit responsible for drafting and the comments from the Legal Department and the Review Board, the leading unit responsible for drafting shall clearly state the differences in the report to the Minister. The Legal Department shall reserve its opinion in the document or by separate letter accompanying the file.”

9. Point g Clause 1, Clause 3 of Article 30 are amended and supplemented as follows:

“1. The documents for the Ministry's leadership to sign and issue the Circular include:

g) Comments from the Ministry's leadership on the draft Circular;

h) Other relevant documents (if any).”

3. The leading unit responsible for drafting shall submit the draft circular for comments from the Ministry's leadership; study, explain, and adopt the comments from the Ministry's leadership to complete the draft before submitting to the Minister for signature.”

10. Article 33 is amended and supplemented as follows:

“Article 33. Publicizing Administrative Procedures

1. All administrative procedures, after being issued, amended, supplemented, replaced, revoked, or abolished, must be publicly announced through a Decision on Publicizing Administrative Procedures issued by the Minister of Agriculture and Rural Development.

2. The Decision on Publicizing Administrative Procedures issued by the Minister of Agriculture and Rural Development must be promulgated at the latest twenty (20) working days before the effective date of the legal normative document stipulating the administrative procedure.

3. Drafting the Decision on Publicizing Administrative Procedures

a) The leading unit responsible for drafting shall prepare the draft Decision on Publicizing Administrative Procedures and its accompanying Appendix to send to the Legal Department simultaneously with the submission of the Circular for quality control;

b) Upon issuance of the Circular, the leading unit responsible for drafting shall establish the formal file to seek opinions on the draft Decision on Publicizing Administrative Procedures, including:

The document requesting quality control of the draft Decision on Publicizing;

The draft report on issuing the Decision on Publicizing;

The draft Decision on Publicizing accompanied by the Appendix containing the list and content of administrative procedures. The model Decision and Appendix issued together with this Circular.

The focal point officer of the leading unit responsible for drafting shall sign to confirm the draft Decision on Publicizing and its accompanying Appendix.

4. Quality Control of the Draft Decision on Publicizing Administrative Procedures

Within five (5) working days from the date of receiving the formal file seeking opinions on the draft Decision on Publicizing, the Legal Department (Administrative Procedure Control Division) shall be responsible for controlling the form and content of the Decision on Publicizing and sending the opinion document to the drafting unit.

5. Incorporating Opinions, Explaining, and Finalizing the Draft Decision on Publicizing and Submitting for Approval

a) Within three (3) working days from the date of receipt of the opinion document from the Legal Department (Administrative Procedure Control Division), the drafting unit of the Decision on Publicizing shall be responsible for incorporating opinions, explaining, and finalizing the draft Decision on Publicizing Administrative Procedures for submission to the Minister for issuance;

b) The files submitted for the draft Decision on Publicizing include:

The report on issuing the Decision on Publicizing;

The draft Decision on Publicizing accompanied by new administrative procedures issued/amended, supplemented, or replaced/replaced, revoked, or abolished;

The document incorporating opinions and explanations accompanying the opinion document from the Legal Department (Administrative Procedure Control Division).

6. Sending and Publicizing the Decision on Publicizing Administrative Procedures After Issuance

a) Within five (5) working days from the date the Minister signs the Decision on Publicizing Administrative Procedures, the leading unit responsible for drafting must send the original and electronic versions of this Decision to the Legal Department (Administrative Procedure Control Division) to update the national database on administrative procedures and compile the updated list of administrative procedures for submission to the leadership of the Ministry for signature and submission to the competent authority to request publicizing the document and administrative procedures on the national database;

b) The Legal Department transfers the publicizing administrative procedure file to the Information Technology and Statistics Center to publish on the Ministry of Agriculture and Rural Development's official website."

Article 2. Effective Date

1. This Circular takes effect from August 10, 2015.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals should reflect them to the Ministry of Agriculture and Rural Development (Legal Department) for consolidation and submission to the Minister for consideration and decision./.