Circular No. 26/2022/TT-BGTVT on the issuance of legal normative documents by the Ministry of Transport

CIRCULAR

Provisions on the issuance of regulatory legal documents of the Ministry of Transport

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Based on the Ordinance on Consolidation of Regulatory Legal Documents dated March 22, 2013;

Based on the Ordinance on Codification of Regulatory Legal Systems dated April 16, 2012;

Based on Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Issuance of Regulatory Legal Documents; Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Issuance of Regulatory Legal Documents;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Legal Department;

The Minister of the Ministry of Transport issues this Circular to provide for the issuance of regulatory legal documents of the Ministry of Transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the drafting, issuance, consolidation of regulatory legal documents, and codification of regulatory legal systems within the scope of state management of the Ministry of Transport.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the drafting, issuance, consolidation of regulatory legal documents, and codification of regulatory legal systems within the scope of state management of the Ministry of Transport.

Article 3. Regulatory Legal Documents

1. Regulatory legal documents referred to in this Circular include:

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

b) Decrees, decisions, joint resolutions drafted by the Ministry of Transport as the main drafter to be submitted to the Government and the Prime Minister as provided for in Article 18, Article 19, and Article 20 of the Law on Issuance of Regulatory Legal Documents and the Law Amending and Supplementing Certain Provisions of the Law on Issuance of Regulatory Legal Documents (hereinafter collectively referred to as the Law on Issuance of Regulatory Legal Documents);

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

d) Joint Circulars between the Minister of the Ministry of Transport and the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuratorate, and the State Auditor General.

2. Circulars issued by the Minister shall be issued to specify:

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

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

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

3. The drafting and issuance of Circulars on technical standards shall be carried out in accordance with the provisions of the law on standards and technical standards and this Circular.

Article 4. Budget for Drafting Regulatory Legal Documents and Improving the Legal System

1. The budget for drafting regulatory legal documents and improving the legal system shall be guaranteed from the state budget in accordance with the provisions of the State Budget Law and detailed implementing regulations.

2. The allocation of funds for drafting regulatory legal documents and improving the legal system at agencies and units must be based on their assigned functions and tasks, approved programs and plans for drafting regulatory legal documents, and the progress of implementation.

3. The use of funds guaranteed for drafting regulatory legal documents and improving the legal system must comply with the purpose, content, financial expenditure regimes, and expenditure limits prescribed by law.

4. Agencies and units primarily responsible for drafting regulatory legal documents and improving the legal system (including the main drafters and advisory agencies) may use supplementary funding from projects, organizations, and individuals both domestically and internationally in accordance with the law to supplement the budget for implementation.

5. The Department of Finance and the Office of the Ministry, based on their assigned functions and tasks, shall take the lead and coordinate with the Department of Legal Affairs and relevant agencies to advise the leadership of the Ministry on the preparation and allocation of budgets for drafting regulatory legal documents and improving the legal system as prescribed.

6. Based on their assigned tasks, main drafting agencies shall be responsible for timely and adequately allocating funds for drafting regulatory legal documents, improving the legal system, and other related tasks.

Chapter II

PROPOSAL FOR THE PREPARATION OF REGULATORY LEGAL DOCUMENTS AND LIST OF DOCUMENTS PROVIDING DETAILED PROVISIONS

Section 1. PREPARATION OF PROPOSALS FOR THE DEVELOPMENT OF LEGAL INSTRUMENTS

Article 5. Cases for Preparation of Proposals for the Development of Legal Instruments

1. Law, ordinance.

2. Resolution of the National Assembly stipulating:

a) Implementation of pilot policies under the jurisdiction of the National Assembly but not yet regulated by law or different from current laws;

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

3. Resolution of the Standing Committee of the National Assembly stipulating suspension or extension of the application period of all or part of an ordinance or resolution of the Standing Committee of the National Assembly to meet urgent requirements for socio-economic development.

4. Decree of the Government stipulating necessary issues within the jurisdiction of the National Assembly or the Standing Committee of the National Assembly but not yet having sufficient conditions to be developed into law or ordinance to meet management requirements.

Article 6. Plan for Preparation of Proposals for the Development of Legal Instruments

1. When there is a plan to develop a law, ordinance, resolution, decree, or when assigned by the Minister of Transport to prepare proposals for the development of legal instruments, the agencies and units responsible for drafting as stipulated in Article 19 of this Circular shall prepare a plan for the preparation of proposals for the development of legal instruments to submit to the Department of Legal Affairs for consolidation and submission to the Minister for consideration and inclusion in the annual program of legal instrument development of the Ministry.

2. The plan for the preparation of proposals for the development of legal instruments must clearly specify the name of the document, the main drafting agency, the main advising agency, the time for preparing the dossier, the time for soliciting opinions, the time for submitting to the Ministry, the time for sending to the Ministry of Justice for review (if applicable), and the time for submitting to the Government for consideration and approval.

Article 7. Responsibilities of Agencies and Units in the Preparation of Proposals for the Development of Legal Instruments

1. Agencies and units preparing proposals for the development of legal instruments have the responsibility:

a) To summarize the implementation of relevant laws related to the proposal for the development of legal instruments; to survey and assess the current social relations related to the proposal for the development of legal instruments;

For proposals for the development of decrees, if necessary, request relevant agencies and organizations to summarize and evaluate the implementation of legal instruments in their respective fields that are related to the proposal for the development of decrees;

b) To organize research on information, materials, and international treaties to which the Socialist Republic of Vietnam is a party related to the proposal for the development of legal instruments. If necessary, request relevant agencies and organizations to provide materials and information related to the proposal for the development of legal instruments; to organize scientific research on related issues to support the preparation of proposals for the development of laws and ordinances;

c) To draft the content of policies in the proposal for the development of legal instruments; to assess the impact of policies according to Articles 5, 6, 7, 8, and 9 of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and measures to implement the Law on Legislative Documents and Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing certain articles of Decree No. 34/2016/ND-CP (hereinafter referred to collectively as Decree No. 34/2016/ND-CP);

d) To forecast resources and conditions to ensure the implementation of legal instruments after they are approved by competent authorities;

đ) To be responsible for preparing the dossier in accordance with Article 9 of this Circular and to defend their proposal for the development of legal instruments;

e) To cooperate with the advising agency to implement the incorporation and explanation of opinions from relevant agencies, organizations, and individuals;

2. The advising agency preparing proposals for the development of legal instruments has the responsibility:

a) To take the lead and coordinate with the agencies and units preparing proposals for the development of legal instruments as stipulated in Clause 1 of this Article and to complete the dossier in accordance with Article 9 of this Circular;

b) To organize the solicitation of opinions from relevant agencies, organizations, and individuals regarding the proposal for the development of legal instruments and to compile, explain, and incorporate them in accordance with Articles 36 and 86 of the Law on Legislative Documents;

c) To send the dossier for the proposal for the development of legal instruments as stipulated in Clause 1 of Article 9 of this Circular to the Department of Legal Affairs for review;

d) To take the lead and coordinate with the agencies and units preparing proposals for the development of legal instruments to incorporate and explain the review opinions of the Department of Legal Affairs;

đ) To advise the Ministry Leadership to submit the dossier for the proposal for the development of laws and ordinances and the proposal for the development of decrees stipulated in Clause 3 of Article 19 of the Law on Legislative Documents to the Ministry of Justice for review and to sign and submit the proposal for the development of legal instruments to the Government for approval;

3. The Department of Legal Affairs has the responsibility:

a) To guide agencies and units in completing the dossier for the proposal for the development of legal instruments;

b) To solicit opinions from the Office of the Ministry on administrative procedures before reviewing proposals for the development of legal instruments prepared by agencies and units;

c) To review proposals for the development of laws, ordinances, resolutions of the National Assembly and the Standing Committee of the National Assembly, and decrees of the Government as stipulated in Clause 3 of Article 19 of the Law on Legislative Documents. The review period shall not exceed 20 days from the date of receipt of the complete dossier for the proposal for the development of legal instruments;

d) To send the dossier for the proposal for the development of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, which have been revised according to the Government's resolution, to the Ministry of Justice before December 31 each year for registration in the program.

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

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

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

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

3. Collecting, researching, and comparing materials and international treaties to which the Socialist Republic of Vietnam is a member that are relevant to the policies serving the establishment of proposals for regulatory legal documents.

4. Participating in the assessment of policy impacts in proposals for establishing regulatory legal documents.

Article 9. Documents for Proposing to Establish Regulatory Legal Documents

1. The documents for proposing to establish laws and ordinances and proposing to establish decrees as stipulated in Clause 3, Article 19 of the Law on Enacting Legal Documents include:

a) A proposal document for establishing regulatory legal documents, which must clearly state: the necessity of promulgation; purpose and viewpoint on construction; subject and scope of regulation; objectives and contents of policies, selected solutions to implement these policies and reasons for their selection; anticipated resources and conditions ensuring the enforcement of regulatory legal documents; the expected time to submit draft regulatory legal documents to the National Assembly, Standing Committee of the National Assembly, or the Government for consideration and approval;

b) A report on the impact assessment of policies;

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

d) A summary, explanation, and adoption of comments from agencies and organizations; copies of comments. For documents proposing to establish laws and ordinances, there should be a summary, explanation, and adoption of comments from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, and the Ministry of Justice;

đ) A detailed outline of the draft regulatory legal document;

e) Other documents (if any).

2. The documents for proposing to establish decrees as stipulated in Clause 2, Article 19 of the Law on Enacting Legal Documents include:

a) A proposal document for establishing decrees, which must clearly state: the necessity of promulgation; purpose and viewpoint on construction; subject, scope of regulation, and main contents of the decree; anticipated resources and conditions ensuring the enforcement of the decree; the expected time to submit the decree to the Government for consideration and approval;

b) A report on summarizing the implementation of laws or evaluating the actual status of issues related to the proposal for establishing decrees.

Section 2. ESTABLISHING THE LIST OF DOCUMENTS PROVIDING DETAILED PROVISIONS

Article 10. Establishing the List of Documents Providing Detailed Provisions for Laws, Ordinances, and Resolutions Drafted by the Ministry of Transport

1. Within five days from the date when laws, ordinances, or resolutions of the National Assembly or the Standing Committee of the National Assembly drafted by the Ministry of Transport are adopted, the drafting agency as stipulated in Article 19 of this Circular shall be responsible for conducting a review and drafting a preliminary list of documents providing detailed provisions according to points a and b, Clause 1, Article 28 of Decree No. 34/2016/NĐ-CP.

2. Within fifteen days from the date when laws, ordinances, or resolutions are adopted by the National Assembly or the Standing Committee of the National Assembly; seven days from the date when the President's decree or decision is signed and issued, the Legal Department will study, adopt, and perfect the draft list of documents providing detailed provisions for submission to the Minister for signature and forwarding to the Ministry of Justice.

3. As for the list of documents providing detailed provisions drafted by the Ministry of Transport, the drafting agency proposes a tentative division of responsibilities among the drafting agencies, the agencies responsible for advising on submission, the time for submission, and sends them to the Legal Department for consolidation and solicitation of opinions from related agencies and units. The Legal Department is responsible for consolidating these into the annual plan for drafting regulatory legal documents of the Ministry and registering the work program of the Government.

Article 11. Detailed regulations for laws, ordinances, and resolutions not primarily drafted by the Ministry of Transport

In cases where the Prime Minister's decision on the list of detailed regulations for laws and ordinances assigns the Ministry of Transport to primarily draft detailed regulations, the Legal Affairs Department will be responsible for coordinating with relevant agencies and units to draft and submit these detailed regulations; at the same time, they shall incorporate them into the annual program for drafting regulatory legal documents of the Ministry.

Article 12. Compilation of lists of detailed regulations for government decrees, Prime Minister decisions, and ministerial circulars primarily drafted by the Ministry of Transport

1. Within five days from the date of signing and promulgation of the document, the agency primarily responsible for advising on the submission of government decrees as stipulated in Clause 2 and Clause 3 of Article 19, and the Prime Minister's decisions as stipulated in Article 20 of the Law on Issuing Legal Documents shall advise on sending the document to ministries, ministerial-level agencies, People's Councils, and provincial People's Committees regarding the contents of the government decrees and Prime Minister decisions assigned to the Ministers, heads of ministerial-level agencies, People's Councils, and provincial People's Committees to issue detailed regulations.

2. Within five days from the date of signing and promulgation of the document, the agency primarily responsible for advising on the submission of ministerial circulars as stipulated in Clause 2 of Article 24 of the Law on Issuing Legal Documents shall advise on sending the document to People's Councils and provincial People's Committees regarding the contents of the circulars assigned to People's Councils and provincial People's Committees to issue detailed regulations.

3. The agency primarily responsible for advising on the submission as stipulated in Clause 1 and Clause 2 of this Article shall be responsible for monitoring and urging the drafting and promulgation of detailed regulations; advising on compiling and reporting to the Government and the Prime Minister or advising on handling according to their authority any issues arising during the drafting process by the agencies tasked with issuing detailed regulations for government decrees, Prime Minister decisions, and ministerial circulars.

4. Documents sent to ministries, ministerial-level agencies, People's Councils, and provincial People's Committees; documents for urging and handling (if any) as stipulated in Clauses 1, 2, and 3 of this Article shall also be sent to the Ministry of Justice.

Chapter III

ESTABLISHING THE PROGRAM FOR DRAFTING REGULATORY LEGAL DOCUMENTS

Article 13. Timeframe for Establishing the Program for Drafting Regulatory Legal Documents of the Ministry of Transport (hereinafter referred to as the Program)

1. Before July 1st each year, the Departments, the Office, and the Inspectorate of the Ministry (hereinafter collectively referred to as the Departments); the Bureaus, the Institute of Strategy and Transportation Development, and the Information Technology Center (hereinafter collectively referred to as the Bureaus); enterprises and other organizations under the Ministry shall base on their functions and tasks and actual needs to register for drafting regulatory legal documents for the following year and send it to the Legal Affairs Department for consolidation.

2. In cases where it is necessary to supplement regulatory legal documents to the Program, the agencies and units proposing plans for drafting documents shall send them to the Legal Affairs Department. The procedures and formalities for registering supplementary documents to the Program shall be carried out in the same manner as the initial registration.

Article 14. Registration Documents for the Program

1. The registration documents for drafting normative legal documents include:

a) A proposal requesting the drafting of normative legal documents, specifying the legal basis, necessity for issuance; purpose, viewpoint on drafting; scope of regulation, subjects of application; objectives, main contents of the document; basic policies and measures to implement; anticipated resources, conditions to ensure implementation; expected time to submit to the Government, Prime Minister, Minister of Transport;

b) A report summarizing the enforcement of laws or evaluating the current social relations related to the request for drafting normative legal documents;

c) Administrative procedures as prescribed by law when such procedures are assigned by law;

d) An outline draft of the normative legal document;

đ) A draft of the main drafting agency, advisory agency, coordinating agencies, Deputy Minister responsible, issuing agency, time to submit detailed outlines, time to submit draft documents (by each level);

e) Other documents (if any).

2. For normative legal documents that require a proposal for drafting according to Article 5 of this Circular, after the Government's Resolution approves the proposal for drafting normative legal documents, the main advisory agency shall send the registration to the Legal Affairs Department as stipulated in point đ Clause 1 of this Article to update the task of drafting the document into the Program.

Article 15. Issuance of the Program

1. Based on the proposals from Departments, Bureaus, enterprises, and other agencies and organizations under the Ministry, the Legal Affairs Department drafts the Program, conducts reviews, and organizes opinions from agencies and units within the Ministry regarding the request for drafting normative legal documents.

2. On the basis of opinions from agencies and units within the Ministry, the Legal Affairs Department revises and finalizes the draft Program; seeks opinions from Deputy Ministers responsible and submits it to the Minister for consideration and issuance before December 31 each year.

3. After the Minister signs to issue, the Information Technology Center is responsible for publishing the Decision on Issuing the Program on the Ministry's Electronic Portal.

Article 16. Adjustment of the Program

1. Cases where the Program can be adjusted:

a) Normative legal documents are added to the Program due to urgent requirements in state management work of the Ministry of Transport or must be amended and supplemented according to newly issued documents to ensure the consistency of the legal system or to implement international treaties;

b) Normative legal documents have their submission times adjusted or removed from the Program due to no longer being necessary for issuance or due to changes in economic and social conditions;

c) Normative legal documents have changes in format or title compared to the tasks assigned in the Decision on Issuing the Program.

2. Procedure for adjusting the Program:

a) The main advisory agency, in coordination with the main drafting agency, requests adjustment of the Program from the Deputy Minister responsible. The proposal clearly states the reasons, direction, content of the adjustment, and proposed handling;

b) After obtaining the agreement of the Deputy Minister responsible, the advisory agency seeks the Minister's opinion;

c) When the Minister provides feedback, the advisory agency forwards the document to

the Legal Affairs Department for consolidation and monitoring of implementation.

Chapter IV

DRAFTING AND ISSUANCE OF NORMATIVE LEGAL DOCUMENTS

Mục 1. PREPARATION OF LEGAL REGULATORY DOCUMENTS

Article 17. Establishment of Drafting Board and Editorial Team

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

2. The composition, principles of operation, and responsibilities of the Drafting Board and Editorial Team shall be implemented according to the provisions of Articles 52, 53, and 54 of the Law on Issuance of Legal Regulatory Documents and Articles 26 and 27 of Decree No. 34/2016/NĐ-CP.

Article 18. Format and Presentation Techniques for Legal Regulatory Documents

The format and presentation techniques for legal regulatory documents shall be carried out according to the provisions of Chapter V of Decree No. 34/2016/NĐ-CP.

Article 19. Main Drafting Agency

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

1. Departments directly drafting legal regulatory documents related to their functions and tasks or assigned by the Minister.

2. Bureaus directly drafting legal regulatory documents with special characteristics or assigned by the Minister.

Article 20. Advisory Agencies for Submission

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

2. Advisory agencies submitting draft legal regulatory documents to the Minister include the Legal Department, the Investment Management Department, the Vietnam Expressway Corporation, and the Information Technology Center (hereinafter collectively referred to as the advisory agencies for submission), which are assigned according to the following regulations:

a) Legal Department: draft laws, ordinances, and other legal regulatory documents assigned by the Ministry's leadership;

b) Planning and Investment Department: legal regulatory documents concerning strategies, development plans for the industry, planning and investment work, statistics, import and export; economic and technical norms regarding statistics, strategies, and development plans within the transportation sector; attracting investment and public-private partnership investments during the investment proposal phase;

c) Cadre and Civil Servant Organization Department: legal regulatory documents concerning the functions, powers, and organizational structure of the Ministry and its affiliated organizations; training and capacity building for civil servants and human resources; labor, wages, and policies for workers; commendation and reward work in the transportation sector;

d) Transport Department: legal regulatory documents concerning transport, transport support services, cooperatives, traffic security and safety in the transportation sector; economic and technical norms regarding transport and transport support services; training, examination, issuance, recognition, revocation of licenses, certificates for drivers and operators of transportation equipment;

đ) Infrastructure Development Department: legal regulatory documents concerning management, maintenance, protection, and exploitation of infrastructure throughout the country; economic and technical norms regarding management and maintenance of infrastructure within the authority; disaster prevention and search and rescue operations under the responsibility of the Ministry of Transportation;

e) Science, Technology, and Environment Department: legal regulatory documents concerning scientific activities, technology, environment, measurement standards, intellectual property, technical management, product quality in the transportation sector; economic and technical norms excluding those specified in points b, d, đ, m, and n of this clause;

g) Finance Department: legal regulatory documents concerning finance, assets, taxes, fees, service charges for road usage;

h) International Cooperation Department: legal regulatory documents concerning international cooperation in the transportation sector;

i) Enterprise Management Department: legal regulatory documents concerning enterprises related to the transportation sector;

k) Inspectorate: legal regulatory documents concerning inspection, complaints, denunciations, anti-corruption, internal auditing in the transportation sector;

l) Office: legal regulatory documents concerning administrative procedure control, documentation, and archiving;

m) Investment and Construction Management Department: legal regulatory documents concerning investment and construction management during the project preparation stage (excluding projects using ODA funds and preferential foreign loans) and implementation phase; budget norms for specialized construction works in the transportation sector (excluding new technology and material norms; maintenance norms);

n) Vietnam Expressway Corporation: legal regulatory documents concerning investment, construction, resource mobilization, and operation of expressways; economic and technical norms for expressways when assigned by the Minister;

o) Information Technology Center: legal regulatory documents concerning information technology in the transportation sector.

3. In addition to the provisions of Clause 2 of this Article, advisory agencies have the responsibility to advise the Minister on other draft legal regulatory documents when assigned by the Minister.

Article 21. Tasks of the agency in charge of drafting regulatory legal documents

1. Organize the development of a draft outline (for new regulatory legal document drafting or replacement), and the draft regulatory legal document according to the purpose, requirements, scope of regulation, and policy established in the proposal file for drafting regulatory legal documents.

2. Prepare the submission report and related documents for the project and draft.

3. Organize the solicitation of opinions from entities directly regulated by the document, agencies, organizations, and individuals within the industry and relevant specialized associations in the field of Transport through written submissions, emails, or other appropriate methods, and publish the project and draft on the portal/information website of the agency or organization in charge of drafting.

4. Report and explain new policies that need to be added to the project and draft for review and decision by competent agencies and organizations.

5. Take the lead and coordinate with relevant agencies and organizations to prepare drafts of detailed regulations and implementation guidelines (if applicable).

6. Report on the progress of drafting.

7. Submit to the Ministry the detailed outline according to the model attached as Appendix I to this Circular (if applicable).

8. Submit to the Ministry the draft regulatory legal document.

9. Take the lead and coordinate with advisory agencies to incorporate and explain comments from agencies and units, and perfect the draft regulatory legal document until it is signed and issued or approved.

Article 22. Documents of the agency in charge of drafting when submitting the draft regulatory legal document to the Ministry

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

a) A submission report clearly stating the necessity of issuance, guiding viewpoints, objectives, requirements, drafting process, scope of regulation, applicability subjects, main contents of the document, differing opinions, and issues requiring consultation;

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

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

d) Report on reviewing related regulatory legal documents concerning the draft document;

đ) Administrative procedure impact assessment if the document includes administrative procedures; report on integrating gender equality issues if the document involves gender equality issues;

e) Summary of incorporated opinions and explanations from agencies, organizations, individuals, and directly affected entities, along with copies of submitted opinions;

g) Comparison table for amended and supplemented documents;

h) Legal review document from the legal department (for drafting agencies being Bureaus except for the Information Technology Center and the Institute for Strategy and Transport Development) and explanations from the drafting unit regarding the reviewed content;

i) Other documents (if applicable).

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

a) A submission report clearly stating the necessity of issuance, scope of regulation, applicability subjects, drafting process, main contents of the document, differing opinions, and issues requiring consultation;

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

c) Policy impact assessment report in the draft circular (if applicable); administrative procedure impact assessment in cases where laws or National Assembly resolutions assign the establishment of administrative procedures; report on integrating gender equality issues (if applicable);

d) Summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by explanations on incorporation of opinions and copies of submitted opinions);

đ) Comparison table for amended and supplemented documents;

e) Legal review document from the legal department (for drafting agencies being Bureaus) and explanations from the drafting unit regarding the reviewed content;

g) Other documents (if any).

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

Article 23. Tasks of the advisory agency for submission

1. For approval of Detailed Outline

a) In cases where the agency submitting the Detailed Outline is a Bureau:

Within fifteen working days from the date of receipt of the draft Detailed Outline, the advisory agency for submission shall examine, study, and submit to the Deputy Minister in charge for signing the approval or non-approval document for the Detailed Outline. In case of non-approval, the reasons and solutions must be clearly stated;

b) In cases where the main drafting agency is also the advisory agency for submission: the advisory agency for submission shall draft the Detailed Outline and submit it to the Deputy Minister in charge for signing the approval document according to the time specified in the Program;

c) The model of the approval document for the Detailed Outline is prescribed in Appendix II issued together with this Circular.

2. Receiving and processing draft documents:

a) In cases where the drafting agency is a Bureau submitting the draft document to the Ministry, the advisory agency for submission shall examine and study the draft document. If the draft document is not approved, within five working days from the date of receipt of the submitted file, a document must be sent back to the main drafting agency stating the reasons, specific requirements, and solutions;

b) In cases where the main drafting agency is also the advisory agency for submission, after implementing the provisions of Article 21 of this Circular, the advisory agency for submission shall study, incorporate comments, revise the draft document, and continue to implement the provisions of Clause 3, 4, and 5 of this Article before submitting to the Minister;

3. For draft normative legal documents submitted to the Government, Prime Minister:

a) At the latest three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to seek opinions, except in cases stipulated in point a, Clause 2 of this Article;

b) Summarize, incorporate opinions of the advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister in charge to send a document seeking participation opinions of relevant Ministries, sectors, Central Committee of the Vietnam Fatherland Front, provincial People's Committees; for draft documents related to the rights and obligations of enterprises and citizens, opinions of the Vietnam Chamber of Commerce and Industry and relevant transport industry associations must be sought;

The document seeking opinions must include: Draft Memorandum to the Government, Prime Minister; draft normative legal document; administrative procedure assessment report (if the document contains administrative procedures); report on integrating gender equality issues (if applicable); comparison table of the draft document and current document, basis, and reasons for amendment and supplementation (for draft documents for amendment and supplementation);

c) Send to the Ministry of Transport's electronic information portal and the Government's electronic information portal to publish the draft document at least sixty days before signing the document;

d) Summarize explanations of opinions; incorporate and revise the draft document, send back the summary and explanation of opinions to agencies and organizations that provided opinions (if required); simultaneously supplement the draft document submission file;

đ) Compile the file and send it to the Legal Affairs Department for review;

e) Incorporate and explain the Legal Affairs Department's review opinions;

g) Compile the file and send it to the Ministry of Justice for review.

4. For draft circulars, the advisory agency for submission shall implement as follows:

a) At the latest three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to seek opinions, except in cases stipulated in point a, Clause 2 of this Article;

b) Summarize, incorporate opinions of the advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister in charge to send a document seeking participation opinions of relevant agencies, organizations, and individuals outside the Transport sector (if necessary), for draft documents related to the rights and obligations of enterprises and citizens, opinions of the Vietnam Chamber of Commerce and Industry must be sought; simultaneously send to seek opinions of relevant transport industry associations related to the draft normative legal document;

The document seeking opinions must include: Draft normative legal document; draft Memorandum to the Minister; comparison table of the draft document with the current document and basis, reasons for amendment and supplementation (for draft documents for amendment and supplementation);

c) Send to the Ministry of Transport's electronic information portal and the Government's electronic information portal to publish the draft document at least sixty days before signing the document;

d) Summarize participation opinions, incorporate and revise the draft document; send back the summary and explanation of opinions to agencies and organizations that provided opinions (if required); send to the Legal Affairs Department for review.

5. Forms of soliciting opinions on draft documents

a) By document;

b) Through the Ministry's electronic information portal and the Government's electronic information portal;

c) Other appropriate forms.

Article 24. Drafting normative legal documents according to simplified procedures

1. Cases for drafting and promulgating normative legal documents according to simplified procedures:

a) Emergency cases as prescribed by laws on emergency situations; sudden and urgent cases in disaster prevention and control, disease outbreaks, fires, and explosions; urgent cases to address issues arising in practice;

b) Cases where it is necessary to suspend the entire or partial effect of normative legal documents to promptly protect the interests of the State, the rights and legitimate interests of organizations and individuals;

c) Cases where it is necessary to immediately amend the documents to be consistent with newly issued normative legal documents; cases where it is necessary to immediately promulgate normative legal documents to implement international treaties to which the Socialist Republic of Vietnam is a party;

d) Cases where it is necessary to abolish partially or entirely normative legal documents that violate the law or are no longer suitable for socio-economic development;

đ) Cases where it is necessary to extend the application period of the entire or partial normative legal documents for a certain period to address urgent issues arising in practice.

2. The authority to decide on drafting and promulgation; procedures for drafting documents; dossier, procedures, and processes for examination and approval shall be carried out in accordance with Articles 147, 148, and 149 of the Law on Issuing Legal Documents and Article 37 of Decree No. 34/2016/NĐ-CP.

Section 2. REVIEW OF DRAFTS OF NORMATIVE LEGAL DOCUMENTS

Article 25. Responsibilities of agencies and organizations in reviewing draft normative legal documents

1. For normative legal documents specified in points b, c, and d of Clause 1, Article 3 of this Circular, they must be reviewed by the Legal Department of the Bureau before being submitted to the Legal Department of the Ministry for review before sending to the Ministry of Justice for review or before submitting to the Minister for consideration and promulgation.

2. Responsibilities of the main drafting agency and the advisory agency:

a) Submitting complete review dossiers to the Legal Department;

b) Providing information and materials related to the draft; presenting the draft when requested;

c) Studying and incorporating suggestions from the Legal Department's review to refine the draft;

d) Explaining the review opinions and reporting to the Minister for consideration and decision while sending the explanation to the Legal Department;

đ) Ensuring the accuracy of parameters and standards in documents concerning technical regulations and economic-technical norms;

e) Appointing representatives to participate in reviews upon the Legal Department's request.

3. Responsibilities of the Legal Department:

a) The Legal Department organizes reviews or advises on establishing a Review Board (for circulars stipulated in Clause 1, Article 102 of the Law on Issuing Legal Documents) including relevant Departments, Bureaus, experts, and scientists to conduct reviews;

b) Being responsible for the content and time limit of reviews as prescribed in Clause 1 and Clause 2 of Article 27 of this Circular;

c) Soliciting written opinions or inviting the Office of the Ministry to participate in reviewing administrative procedures in draft normative legal documents.

4. Responsibilities of the Bureau's Legal Department: reviewing drafts of normative legal documents prepared by the Bureau.

Article 26. Review Documents

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

a) Draft Memorandum to the Government, Prime Minister, clearly stating the necessity of issuance, scope of regulation, applicable subjects, drafting process, main content of the document, differing opinions on certain issues, reference materials; Memorandum from the leading agency drafting the regulatory document;

b) Draft regulatory document after being revised by the advisory agency;

c) Report on reviewing related regulatory documents concerning the draft document;

d) Administrative procedure assessment report if the draft document includes administrative procedures; report on integrating gender equality issues if the draft document contains provisions related to gender equality issues;

đ) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and copies of opinion letters from relevant agencies, organizations, and individuals;

e) Policy impact assessment report on the decree stipulated in Clause 1 and Clause 2, Article 19 of the Law on Issuing Legal Documents;

g) Resolution of the Government on proposals for law, ordinance, resolution; decree according to Clause 3, Article 19 of the Law on Issuing Legal Documents;

h) Opinion of the advisory agency on the draft document;

i) Comparison table between the draft document and the current document (clearly stating the basis and reasons for amending and supplementing each content);

k) Legal department's review document (in case the leading agency drafting the document is a Bureau) and report on adopting and explaining the legal department's review opinions;

l) Opinion of the Ministry's Office (Administrative Procedure Control Division) on the draft document;

m) Reference materials (if any).

The number of documents submitted to the Legal Department for review of draft regulatory documents is two sets.

2. The documents submitted to the Legal Department requesting review regarding draft circulars shall include:

a) Proposal of the Minister regarding the draft circular;

b) Draft circular after being revised;

c) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected entities; copies of opinion letters from agencies, organizations, and individuals;

d) Policy impact assessment report in the draft circular (if any); administrative procedure assessment report in cases where laws delegate the establishment of administrative procedures; report on integrating gender equality issues if the draft document contains provisions related to gender equality issues;

đ) Comparison table between the draft document and the current document (clearly stating the basis and reasons for amending and supplementing each content);

e) Differences in opinions between the leading agency drafting the document and the advisory agency submitting the draft document or related agencies (if any);

g) Legal department's review document (in case the leading agency drafting the document is a Bureau) and report on adopting and explaining the legal department's review opinions;

h) Science and Technology Ministry's review report on the draft circular for issuing National Technical Regulations and report on adopting and explaining the Science and Technology Ministry's review opinions;

i) Opinion of the Ministry's Office (Administrative Procedure Control Division) on the draft document;

k) Reference materials (if any).

3. Documents submitted to the Ministry of Justice for review:

a) For project law, ordinance, draft resolution review documents implemented according to Clause 2, Article 58 of the Law on Issuing Legal Documents;

b) For Government decree, Prime Minister's decision review documents implemented according to Clause 2, Article 92 and Clause 2, Article 98 of the Law on Issuing Legal Documents.

Article 27. Content and Time Limit for Review

1. The content of the review shall be carried out in accordance with the provisions of Clause 3, Article 58, Clause 3, Article 92, Clause 3, Article 98, and Clause 3, Article 102 of the Law on Enacting Legal Documents.

2. The time limit for reviewing draft legal normative documents shall not exceed ten days from the date of receiving complete files in accordance with the provisions of Clause 1 and Clause 2, Article 26 of this Circular. In cases where the files are incomplete according to the regulations, the Department of Legal Affairs shall return the files requesting review to the agency drafting the proposal within two days from the date of receipt of the files.

3. After completing the review, the Department of Legal Affairs shall send the review report to the agency drafting the proposal.

4. The agency drafting the proposal shall take the lead and coordinate with the agency primarily responsible for drafting to incorporate and explain the comments of the Department of Legal Affairs, and to perfect the draft legal document.

Section 3. ENACTING LEGAL DOCUMENTS

Article 28. Soliciting Opinions of Deputy Ministers on Draft Legal Normative Documents

1. For legal normative documents submitted to the Government, Prime Minister, the agency drafting the proposal shall be responsible for sending the revised draft legal normative document after receiving the comments of the Ministry of Justice to solicit opinions of the Deputy Minister in charge in accordance with the model prescribed in Appendix III issued together with this Circular, along with the files specified in Points c, d, e, and k of Clause 1, Article 29 of this Circular. If the content of the document relates to the fields of other Deputy Ministers, their opinions must also be solicited.

2. For circulars, the agency drafting the proposal shall be responsible for sending the revised draft circular after receiving the comments of the Department of Legal Affairs to solicit opinions of the Deputy Minister in charge in accordance with the models prescribed in Appendices III issued together with this Circular, along with the files specified in Points b, c, d, đ of Clause 2, Article 29 and Points b, c, d, đ of Clause 2, Article 30 of this Circular. If the content of the document relates to the fields of other Deputy Ministers, their opinions must also be solicited.

3. Deputy Ministers shall return their opinions to the agency drafting the proposal within no more than three working days from the date of receipt of the Opinion Request Form, except in cases of absence due to official travel.

4. The agency drafting the proposal shall be responsible for consolidating and incorporating the opinions of the Deputy Ministers. In cases where there are differing opinions, the agency drafting the proposal shall consolidate them, report to the Minister, and propose a solution for incorporation.

5. During the process of drafting legal normative documents, the Deputy Minister in charge shall organize at least one meeting with relevant agencies, organizations, and individuals to unify the content of the draft document before submitting it to the Minister for signature and issuance.

Article 29. Files for the Agency Drafting the Proposal to Submit to the Minister for Draft Legal Normative Documents Primarily Drafted by Departments

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

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

b) An opinion request form for the Deputy Minister in charge (or related Deputy Ministers), and an explanation regarding the incorporation of Deputy Minister's opinions;

c) Differences of opinion between the agency primarily responsible for drafting and the agency drafting the proposal or related agencies (if applicable);

d) Draft Memorandum to the Government, Prime Minister;

đ) Comparison table of the draft amendment and supplementary document and the current document;

e) Revised draft legal normative document after receiving the review report of the Ministry of Justice;

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

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

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

k) Review reports from the Ministry of Justice, the Department of Legal Affairs, and explanations on incorporating review opinions;

l) Final review form of the Department of Legal Affairs.

2. For circulars, the submission files shall include:

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

b) Memorandum to the Minister on the draft circular;

c) Revised draft legal normative document after receiving the review report of the Department of Legal Affairs; the agency primarily responsible for drafting the proposal and the agency primarily responsible for drafting shall sign off on the draft legal normative document submitted to the Minister (sign the paper file for record keeping);

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

đ) Review report of the Ministry of Science and Technology for circular draft documents issuing National Technical Regulations and report on incorporating and explaining review opinions of the Ministry of Science and Technology;

e) Comparison table of the draft amendment and supplementary document and the current document;

g) Summary, explanation, and incorporation of opinions from agencies, organizations, individuals directly affected by the document, and copies of opinions;

h) Policy impact assessment report in the draft circular (if applicable); administrative procedure evaluation report when the law assigns the regulation of administrative procedures; report on integrating gender equality issues (if applicable);

i) Opinion request form for the Deputy Minister in charge (or related Deputy Ministers), and an explanation regarding the incorporation of Deputy Minister's opinions;

k) Other documents (if applicable);

l) Final review form of the Department of Legal Affairs.

Article 30. The dossier of the advisory agency simultaneously serving as the main drafting agency for normative legal documents submitted to the Minister

1. For draft normative legal documents submitted to the Government or the Prime Minister, the submission dossier shall be implemented according to the provisions of Clause 1, Article 29 of this Circular.

2. For draft circulars, the submission dossier includes:

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

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

c) The draft normative legal document revised after receiving the assessment report from the Legal Department.

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

đ) Review report of the Ministry of Science and Technology for circular draft documents issuing National Technical Regulations and report on incorporating and explaining review opinions of the Ministry of Science and Technology;

e) Comparison table of the draft amendment and supplementary document and the current document;

g) Summary, explanation, and incorporation of opinions from agencies, organizations, individuals directly affected by the document, and copies of opinions;

h) Policy impact assessment report in the draft circular (if applicable); administrative procedure evaluation report when the law assigns the regulation of administrative procedures; report on integrating gender equality issues (if applicable);

i) Opinion request form for the Deputy Minister in charge (or related Deputy Ministers), and an explanation regarding the incorporation of Deputy Minister's opinions;

k) Other documents (if applicable);

l) Final review form of the Department of Legal Affairs.

Article 31. Submitting draft normative legal documents to the Minister

1. Before the 10th day of the month, the advisory agency must submit the draft document dossier to the Legal Department for final review before the Minister signs it into force or submits it to the Government or the Prime Minister.

2. Final review process:

a) The Legal Department is responsible for soliciting opinions from the Ministry's Office on administrative procedures-related provisions; compiling and providing written review comments to the submitting agency; the review period does not exceed seven working days from the date of receipt of the complete dossier;

b) Within two working days after receiving the review comments, the submitting agency is responsible for incorporating and explaining the review comments and sending them back to the Legal Department;

c) Within two working days from the date of receipt of the incorporation and explanation report from the submitting agency, the Legal Department is responsible for preparing a Review Report to be reported to the Minister according to the model specified in Appendix IV issued together with this Circular;

d) During the review process, the Legal Department may convene meetings with relevant agencies and units to clarify the contents of the draft document.

Article 32. Handling documents after submission

1. For documents submitted to the Government or the Prime Minister, the submitting agency is primarily responsible for coordinating with the main drafting agency to provide additional explanations or perform related tasks concerning the submitted draft until the document is signed into force.

2. For circulars, the main drafting agency and the submitting agency are responsible for monitoring, providing additional explanations or performing related tasks concerning the submitted draft until the document is signed into force.

Article 33. Authority to sign into force or submit draft normative legal documents

The Minister signs into force normative legal documents stipulated in points c and d, Clause 1, Article 3 of this Circular; signs memorandums to the Government and the Prime Minister regarding draft normative legal documents stipulated in points a and b, Clause 1, Article 3 of this Circular.

Section 4. PUBLICIZING NORMATIVE LEGAL DOCUMENTS

Article 34. Publishing in the Official Gazette and posting circulars

1. Publishing in the Official Gazette and posting circulars:

Within three days from the date of issuance, the Ministry's Office is responsible for sending the circular (both paper and electronic versions) to the Government's Office for publication in the Official Gazette and posting on the Government's e-Government Portal, the Ministry of Transport's e-Government Portal, except for documents containing state secrets as prescribed by laws on state secrets;

The time limit and documents required for publication in the Official Gazette are stipulated in Articles 89 and 90 of Decree No. 34/2016/NĐ-CP.

2. The Legal Department is responsible for posting the full text of the circular on the national database of laws at the latest fifteen days from the date of issuance.

Article 35. Provision of information and press release drafting

1. Not later than the second day of the following month, the advisory agency responsible shall provide information on normative legal documents issued by the Government and the Prime Minister during the month to the Legal Affairs Department for the purpose of preparing press releases, in accordance with the model prescribed in Appendix V attached to this Circular.

2. Based on the content of the information provided by the advisory agency, within two working days from the date of receipt of the information provision document, the Legal Affairs Department shall be responsible for compiling and editing the content, drafting the press release, sending it to the Ministry of Justice, and posting it on the Ministry's electronic portal.

3. The contents of the press release shall be simultaneously sent to the Ministry’s Office to implement communication work.

Article 36. Publicizing administrative procedures

1. The main drafting agency of normative legal documents shall be responsible for drafting the Decision on publicizing administrative procedures and submitting it to the Ministry’s Office (Administrative Procedure Control Division) to request the Minister to issue the Decision on publicizing administrative procedures according to regulations not later than 35 days before the effective date of the normative legal document containing provisions on administrative procedures; not later than one day from the date of publication or issuance of the normative legal document (for normative legal documents that take effect from the date of approval or issuance).

2. The Ministry’s Office must submit to the Minister to issue the Decision on publicizing administrative procedures stipulated in the relevant normative legal document not later than 20 days before the effective date of the normative legal document containing provisions on administrative procedures; not later than three days from the date of publication or issuance of the normative legal document (for normative legal documents that take effect from the date of approval or issuance).

Article 37. Disclosure of Administrative Procedures

On the basis of the Minister's Decision on publicizing administrative procedures, the agencies and organizations directly receiving administrative procedure files must fully, accurately, and promptly disclose all administrative procedures in the following forms:

1. Disclose on the National Database on Administrative Procedures.

2. Disclose at the agency's headquarters, units directly receiving and processing administrative procedures through posting or using appropriate electronic forms based on the decision on publicizing administrative procedures or extracting, connecting, and integrating administrative procedure data from the National Database on Administrative Procedures.

3. Post on the Government's electronic portal, the Ministry's electronic portal, based on connecting and integrating with the National Database on Administrative Procedures.

4. In addition to the mandatory disclosure methods specified in Clauses 1, 2, and 3 of this Article, the disclosure of administrative procedures may be carried out in other appropriate forms based on the actual conditions of the agencies, units, and entities implementing administrative procedures.

Article 38. Translation of Normative Legal Documents

1. The translation of normative legal documents shall be carried out in accordance with Article 9 of the Law on Issuing Legal Documents and Chapter VII of Decree No. 34/2016/ND-CP.

2. The translation of normative legal documents into foreign languages as stipulated in Clause 1 of Article 102 of Decree No. 34/2016/ND-CP shall be implemented as follows:

a) The advisory agency responsible for the document shall be primarily responsible for coordinating with the drafting agency and the International Cooperation Department to propose to the Minister the translation of the document into English or another foreign language as prescribed;

b) The International Cooperation Department shall be primarily responsible for coordinating with the Vietnam News Agency and related agencies and organizations to organize the translation of normative legal documents and bear responsibility for the accuracy of the translation;

c) The Legal Affairs Department shall be primarily responsible for coordinating with the International Cooperation Department and the Information Technology Center to post the translation on the National Database on Legal Documents and the Ministry of Transport's electronic portal.

3. The translation of normative legal documents into foreign languages as stipulated in Clause 3 of Article 102 of Decree No. 34/2016/ND-CP shall be implemented as follows:

a) The advisory agency responsible for the document shall be primarily responsible for coordinating with the drafting agency and the International Cooperation Department to propose to the Minister the translation of the document into English or another foreign language as prescribed;

b) The International Cooperation Department shall be primarily responsible for coordinating with the advisory agency to organize the translation of normative legal documents and bear responsibility for the accuracy of the translation;

c) The Legal Affairs Department shall be primarily responsible for coordinating with the International Cooperation Department and the Information Technology Center to post the translation on the National Database on Legal Documents and the Ministry of Transport's electronic portal.

Chapter V

CONSOLIDATED DOCUMENT, LEGAL SYSTEM OF REGULATORY LEGISLATION

Article 39. Consolidation of Legal Normative Documents

1. The Legal Affairs Department shall organize the consolidation of legal normative documents and submit them to the Minister for signature to confirm the consolidated document.

2. Within the latest one working day after the issuance of a circular amending or supplementing the legal normative document, the drafting agency shall send the electronic version of the amended or supplemented document to the Legal Affairs Department's email ([email protected]) as the basis for consolidating the document.

3. Within the latest five working days from the date of issuance of the circular amending or supplementing the legal normative document, the Legal Affairs Department shall be responsible for completing the consolidation of the document and submitting it for signature to confirm the consolidated document according to regulations.

4. Within the latest five working days from the date of receipt of the amended or supplemented document issued by the President, the Government, the Prime Minister, or the joint circular between the Government and the central agencies of political-social organizations drafted under the leadership of the Ministry of Transport, the Legal Affairs Department shall be responsible for completing the consolidation of the document and submitting it for signature to confirm the consolidated document according to regulations.

Article 40. Publishing Consolidated Documents on the Official Gazette and Electronic Portal

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

a) The Legal Affairs Department shall be responsible for uploading the consolidated document onto the Ministry’s official electronic portal immediately after the consolidated document has been signed to confirm.

b) The Ministry Office shall be responsible for sending the consolidated document to the Government Office within two working days from the date of signing to confirm, in cases where the amended or supplemented document is issued by the Government or the Prime Minister, for publication on the Government’s official electronic portal.

2. The Ministry Office shall be responsible for sending the consolidated document to the Official Gazette Office for publication on the Official Gazette within two working days from the date the Minister signs to confirm the consolidated document.

Article 41. Responsibility for Codification of Legal Norms

1. The leading agency shall be responsible for:

a) Organizing the codification of legal norms in legal normative documents that they lead in drafting; and legal norms in legal normative documents that adjust issues within the scope of management assigned by the Minister, which are proposed by other agencies, organizations, or National Assembly deputies;

b) Timely updating new legal norms that have been promulgated and removing expired legal norms from the Code of Legal Norms for topics within the scope of management assigned by the Minister;

c) Ensuring deadlines, accuracy, and completeness of content; adhering to procedures, formalities, and technical requirements for codification as stipulated in the Legal Norms Codification Ordinance 2012, Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Legal Norms Codification Ordinance, and Circular No. 13/2014/TT-BTP dated April 29, 2014 of the Minister of Justice guiding the implementation of the codification of legal norms.

2. The Legal Affairs Department shall be the focal point responsible for organizing the codification within the authority of the Ministry; providing guidance, monitoring, urging, and inspecting the results of codification within the Ministry; coordinating with the Ministry of Justice (Legal Norms Inspection Bureau) in the work of codifying legal norms; in cases where the highest legal normative document in a topic changes or a new topic is established, the Legal Affairs Department will take the lead and coordinate with relevant units to implement codification according to laws on codification.

Article 42. Procedure for Updating the Results of Codification of Legal Normative Documents

The leading agency responsible for drafting shall update the results into the Legal Codex according to the following procedure:

1. Within ten days from the date on which new legal normative documents are issued, amended, supplemented, replaced, or abolished within the codification authority of the Ministry of Transport, the leading agency responsible for drafting shall update the new legal norms on the software supporting the codification system of legal norms and send the updated results in writing along with the electronic version to the Department of Legal Affairs for verification of the codification results as prescribed.

2. Within five days from the date of receipt of the updated results of new legal norms, the Department of Legal Affairs shall provide comments on the updated results of legal norms.

3. Within five days from the date of receipt of the comments from the Department of Legal Affairs, the leading agency responsible for drafting shall complete the updating of new legal norms, make corrections, and resubmit the updated results of legal norms to the Department of Legal Affairs for advice to submit to the Ministry's leadership for signing to confirm the codification results.

4. At the latest twenty days before the effective date of new legal norms as stipulated in Clauses 1, 2, 3, 5, and 6 of Article 17 of Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codification of the System of Legal Norms, the Department of Legal Affairs shall send one set of documents requesting the updating of the results of codification of new legal norms in writing along with the electronic version to the Ministry of Justice (Department of Legal Document Control).

The documents include: the request for updating the results of codification of new legal norms from the agency implementing the codification; the codification results of new legal norms in writing signed by the Minister of Transport to confirm; the document containing the newly issued legal norms.

Chapter VI

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Circular takes effect from January 1, 2023.

2. Repeal Circular No. 21/2016/TT-BGTVT dated August 25, 2016 of the Minister of Transport on the construction, issuance, consolidation of legal normative documents, administrative procedure control, inspection, handling of documents, review, systematization of legal normative documents, and monitoring the enforcement of laws in the field of transport; Circular No. 47/2017/TT-BGTVT dated December 7, 2017 of the Minister of Transport amending and supplementing some articles of Circular No. 21/2016/TT-BGTVT dated August 25, 2016 of the Minister of Transport on the construction, issuance, consolidation of legal normative documents, administrative procedure control, inspection, handling of documents, review, systematization of legal normative documents, and monitoring the enforcement of laws in the field of transport.

Article 44. Implementation Organization

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

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