Circular No. 27/2013/TT-BTTTT on the construction, issuance, review, systematization, consolidation, and codification of legal normative documents in the field of Information and Communications.

 CIRCULAR

Regulations on the development, issuance, review, systematization, consolidation of normative legal documents and codification of normative legal documents in the field of Information and Communications legal regulations and codified legal regulations in the field Article 7. The content of the "Citizen Reception Rules" shall be implemented in accordance with the Appendix attached to this Circular.

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

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

Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Legal Department;

The Minister of Information and Communications issues this Circular regulating the procedures for developing, issuing, reviewing, systematizing, consolidating normative legal documents and codifying systems of normative legal documents in the field of Information and Communications.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures and formalities for developing, issuing, reviewing, systematizing, consolidating normative legal documents and codifying systems of normative legal documents in the field of information and communications.

Article 2. This Circular stipulates the participation in providing comments on draft normative legal documents submitted for opinions from higher-level state agencies and other ministries and ministerial-level agencies.

Article 2. Applicability

This Circular applies to units; officials, civil servants, and employees under the Ministry of Information and Communications and organizations and individuals related to activities in developing normative legal documents in the field of information and communications.

Article 3. Regulatory Legal Documents

Normative legal documents referred to in this Circular include:

1. Laws, ordinances, resolutions of the National Assembly, the Standing Committee of the National Assembly that the Ministry of Information and Communications is assigned the main responsibility to draft and submit to the Government for submission to the National Assembly and the Standing Committee of the National Assembly;

2. Decrees of the Government; decisions of the Prime Minister that the Ministry of Information and Communications is assigned the main responsibility to draft and submit to the Government and the Prime Minister for issuance;

3. Circulars issued by the Minister of Information and Communications within his/her authority to implement state management functions over information and communications;

4. Joint Circulars signed by the Minister of Information and Communications with ministers, heads of ministerial-level agencies, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy.

Article 4. Format and Presentation Techniques of Documents

1. The format and presentation techniques of documents shall be implemented in accordance with Article 60 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuing Normative Legal Documents and Circular No. 25/2011/TT-BTP dated December 27, 2011 of the Ministry of Justice regarding the format and presentation techniques of documents of the Government, the Prime Minister, ministers, and heads of ministerial-level agencies and joint normative legal documents.

2. Normative legal documents signed by the Minister or jointly signed must have their own separate number and not share the same number as other administrative documents.

Article 5. Determination of the Effective Date of Normative Legal Documents

1. The effective date of normative legal documents must be clearly specified in the document, following the principle that the effective date of normative legal documents cannot be earlier than forty-five (45) days from the date of publication or signing.

The leading drafting unit must propose a specific effective date for the document in the draft.

2. In cases where normative legal documents provide emergency implementation measures, such as for timely response to natural disasters or epidemics, they may take effect from the date of publication or signing but must be immediately published on the Ministry’s website and reported through mass media; and published in the Official Gazette no later than two working days after the date of publication or signing.

Article 6. Publishing Legal Normative Documents in the Official Gazette

1. Legal normative documents must be published in the Official Gazette; legal normative documents not published in the Official Gazette shall have no effect, except for cases where the content of the document pertains to state secrets and the cases specified in Clause 2 of Article 5 of this Circular.

2. Within the latest period of one (01) working day from the date the legal normative document of the Minister of Information and Communications is signed and issued, the drafting unit responsible for the legal normative document shall be responsible for providing the Ministry's Office with an electronic record containing the accurate content of the issued legal normative document for the Ministry's Office to publish in the Official Gazette.

3. Within the latest period of two (02) working days from the date the legal normative document of the Minister of Information and Communications is signed and issued, the Ministry's Office shall be responsible for sending the document to be published in the Official Gazette, including one paper copy and an electronic record containing the accurate content of the issued legal normative document to the Official Gazette agency for publication.

Outside the envelope of the paper copy sent for publication in the Official Gazette, it must clearly state "Document sent for Official Gazette publication."

4. The Ministry's Office shall be responsible for monitoring to ensure that all legal normative documents issued by the Ministry are published in accordance with the provisions in the Official Gazette.

Article 7. Authority to Sign and Issue Legal Normative Documents

1. The Minister of Information and Communications signs and issues circulars, joint circulars when the Minister of Information and Communications is one of the issuing parties.

2. The Minister of Information and Communications may delegate authority to the Deputy Minister in charge to sign and issue legal normative documents within the Minister's authority when the Minister is absent. Each delegation must be clearly recorded for each document.

Article 8. Publishing and Announcing Legal Normative Documents Already Issued on the Electronic Information Portal of the Ministry of Information and Communications

1. Legal normative documents of the Minister of Information and Communications must be fully published on the Electronic Information Portal of the Ministry of Information and Communications within the latest period of two (02) working days from the signing and issuance date and must be announced through mass media, except for documents containing state secrets.

2. Responsibilities of units under the Ministry:

a) The Ministry's Office shall be responsible for sending one (01) original copy to the Information Center for publication on the Ministry's Electronic Information Portal and shall be responsible for the accuracy of the paper copy.

b) The drafting unit responsible for the legal normative document shall be responsible for providing the Information Center with an electronic record of the signed and issued legal normative document at the same time as providing the record to the Ministry's Office for Official Gazette publication as stipulated in Clause 2 of Article 6 of this Circular and shall be responsible for the accuracy of the electronic record.

c) The Information Center shall be responsible for implementing the provisions of Clause 1 of this Article.

Article 9. Responsibility for Providing Information to Build Press Releases about Legal Normative Documents

1. For legal normative documents of the National Assembly, Standing Committee of the National Assembly:

Within fifteen (15) days from the date the law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly is passed, the drafting unit shall be responsible for providing information to the President's Office to build press releases and hold press conferences to announce the President's decree promulgating the law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly.

2. For legal normative documents of the Government, Prime Minister:

Within five (05) working days from the date the legal normative document of the Government, Prime Minister is signed and issued, the drafting unit shall be responsible for sending information according to the form attached to Circular No. 12/2013/TT-BTP dated August 7, 2013 of the Minister of Justice regarding the procedure for issuing press releases about legal normative documents issued by the Government, Prime Minister in the form of a letter and email to the Ministry of Justice.

3. For legal normative documents of the Minister of Information and Communications:

a) Within five (05) working days from the date the legal normative document is signed and issued by the Minister, the drafting unit shall be responsible for sending a letter clearly stating information about the name of the document, date, month, year of issuance; issuing authority; effectiveness; necessity, purpose of issuance, and main content of the legal normative document to the Legal Department for compilation and construction of the press release.

b) The press release must be published on the Ministry's Electronic Information Portal and Vietnam Post Newspaper.

Article 10. Compliance with regulations on protecting state secrets

The drafting, soliciting opinions, reviewing, examining, submitting, and promulgating legal normative documents containing contents listed in the state secret directory related to information and communications must comply with relevant regulations on protecting state secrets.

Article 11. Construction of a database of legal normative documents on information and communications on the Ministry of Information and Communications' electronic information website

The Information Center and the Legal Department shall be responsible for coordinating to build a database of legal normative documents on information and communications, and regularly updating this database fully and promptly.

Chapter II
PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

Article 12. Responsibilities for proposing the construction of legal normative documents

1. Units under the Ministry, based on their functions and tasks and practical requirements, shall be responsible for preparing proposals to construct legal normative documents to submit to the Minister (through the Legal Department) at the following times:

a) Proposing to construct laws and ordinances:

Proposals to construct laws and ordinances according to the term of the National Assembly must be submitted before February 1st of the first year of the National Assembly's term.

Annual proposals to construct laws and ordinances that are already included in the legislative program for the entire term of the National Assembly must be submitted before October 15th of the year preceding the year in which they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly.

Annual proposals to construct laws and ordinances not included in the legislative program for the entire term of the National Assembly must be submitted before October 15th of the year preceding the year in which they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly.

b) Before July 15th of the preceding year for proposals to construct Government Decrees and Prime Minister's Decisions for the following year;

c) Before September 30th of the preceding year for proposals to construct Circulars of the Minister and Joint Circulars where the Minister of Information and Communications is a signatory.

The proposal dossier for constructing legal normative documents is stipulated in Article 13 of this Circular.

2. Agencies, organizations, and individuals may send suggestions for constructing legal normative documents in the field of information and communications to the Ministry of Information and Communications. Suggestions can be sent in writing or through the Ministry of Information and Communications' electronic information website within the time specified in Clause 1 of this Article.

Article 13. Proposal Dossier for Constructing Legal Normative Documents

1. The proposal dossier for constructing laws and ordinances shall be implemented in accordance with Article 4 of Government Decree No. 24/2009/NĐ-CP dated March 5, 2009, detailing and providing implementation measures for the Law on Enacting Legal Normative Documents.

2. The proposal dossier for constructing Government Decrees shall be implemented in accordance with Article 15 of Government Decree No. 24/2009/NĐ-CP dated March 5, 2009, detailing and providing implementation measures for the Law on Enacting Legal Normative Documents.

3. The proposal dossier for constructing Prime Minister's Decisions includes: a detailed explanation of the name of the document; the necessity of issuing the document, legal basis for issuing the document; issues to be resolved; proposed main content of the document, name of the leading unit drafting the document; submission time.

4. The proposal dossier for constructing Circulars or Joint Circulars of the Minister includes: a detailed explanation of the name of the document, the necessity of issuing the document, legal basis for issuing the document, proposed main content of the document, summary of opinions from related organizations, agencies, units, and individuals, name of the leading unit drafting the document, submission time.

Article 14. Compilation of Proposals for Enactment of Laws, Ordinances, and Decrees

1. The Legal Affairs Department shall be responsible for assisting the Minister in compiling proposals for the legislative program of laws, ordinances, and decrees of the Ministry.

2. Based on the proposals for enactment of laws, ordinances, and decrees of the Government, the Legal Affairs Department shall be responsible for coordinating with the Information Center to organize the publication of explanatory notes regarding the proposals for enactment of laws, ordinances, and decrees and preliminary impact assessment reports of such documents on the Ministry's electronic information website to solicit opinions from relevant organizations and individuals for at least twenty (20) days to allow these organizations and individuals to participate in providing their opinions.

3. After the opinion solicitation period for proposals for enactment of laws, ordinances, and decrees has expired, the Legal Affairs Department shall take the lead and coordinate with related units within the Ministry to revise and complete the proposal dossier for enactment of laws, ordinances, and decrees to submit to the Minister for consideration and decision.

Article 15. Compilation of Proposals for Issuance of Prime Minister’s Decisions, Legislative Program for Annual Regulatory Documents within the Authority of the Ministry of Information and Communications

1. For Prime Minister’s Decisions:

The Legal Affairs Department shall be responsible for compiling and coordinating with the Ministry’s Office to register them in the Government’s work program.

2. For the annual legislative program within the authority of the Ministry:

The Legal Affairs Department shall be responsible for compiling, examining legal bases for issuing documents, and reporting to the Minister to issue a Decision on the annual legislative program of regulatory documents of the Ministry.

Article 16. Proposal to Adjust the Legislative Program for Laws, Ordinances, and Decrees

1. The legislative program for laws, ordinances, and decrees may be adjusted in cases as prescribed in Article 29 of the Law on Enactment of Regulatory Documents and Articles 12 and 19 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and implementing the Law on Enactment of Regulatory Documents.

2. Units within the Ministry assigned the main responsibility for drafting shall be responsible for proposing to remove from the program, adjust the time for submitting laws, ordinances, and decrees that the Ministry is assigned the main responsibility for drafting.

3. For supplementing the legislative program for laws and ordinances, it shall be carried out according to the provisions of Article 23, Article 24, and Article 25 of the Law on Enactment of Regulatory Documents and Articles 4 and 5 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and implementing the Law on Enactment of Regulatory Documents.

4. For supplementing the legislative program for Government decrees, an explanation about the necessity of issuing the document and a preliminary impact assessment of the document must be provided.

5. The Legal Affairs Department shall take the lead and coordinate with related units within the Ministry to assist the Minister in preparing documents proposing adjustments to the legislative program for laws, ordinances, and decrees.

Article 17. Responsibilities of Units within the Ministry in Ensuring Implementation of the Legislative Program for Regulatory Documents

1. The Legal Affairs Department shall be responsible for general oversight, urging, and compiling reports on the progress of implementing the legislative program for regulatory documents concerning information and communication.

2. Units within the Ministry assigned the main responsibility for drafting regulatory documents shall be responsible for the progress of implementation, content of draft regulatory documents, and providing information on the progress of drafting documents to the Legal Affairs Department.

3. When there is an adjustment to the legislative program for regulatory documents, units within the Ministry shall be responsible for:

a) Reporting to the Ministry Leader directly in charge about the adjustment and supplementation of the legislative program for regulatory documents to seek guidance;

b) Sending the Legal Affairs Department a document requesting adjustment of the legislative program for regulatory documents (clearly stating the content to be adjusted and providing specific explanations) to process necessary procedures to adjust the legislative program for regulatory documents.

c) The Legal Affairs Department shall compile, report to the Ministry Leaders, and submit for signature issuance of the Decision adjusting and supplementing the annual legislative program for regulatory documents of the Ministry.

The implementation of the adjustment to the legislative program for regulatory documents shall only be carried out once annually in June.

4. The results of implementing the legislative program for regulatory documents within the authority of the Ministry of Information and Communications are one of the criteria for annual commendation and awarding of units within the Ministry.

Chapter III
||| DRAFTING LEGAL INSTRUMENTS

Section 1
DRAFTING LAWS, ORDINANCES, RESOLUTIONS OF THE NATIONAL ASSEMBLY, STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DECREES OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER THAT THE MINISTRY OF INFORMATION AND COMMUNICATION IS ASSIGNED THE MAIN RESPONSIBILITY FOR DRAFTING

Article 18. Drafting legislative projects, ordinances, draft resolutions, decrees

1. The Ministry of Information and Communications, when assigned the main responsibility for drafting legislative projects, ordinances, draft resolutions, and decrees of the National Assembly, the Standing Committee of the National Assembly, and the Government, shall establish a Drafting Board with all necessary components as prescribed in Article 31 and Clause 1 of Article 60 of the Law on Enacting Legal Normative Documents and fulfill the responsibilities of the main drafting agency as stipulated in Article 33 and Article 61 of the Law on Enacting Legal Normative Documents.

2. The Drafting Board shall perform its tasks and organize activities according to the provisions of Article 32, Clause 2 of Article 60 of the Law on Enacting Legal Normative Documents, Articles 21, 22, 23, and 24 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Legal Normative Documents. The Drafting Board shall cease operations and dissolve itself after the issuance of the document.

3. The Minister of Information and Communications shall assign a unit under the Ministry to be responsible for coordinating with the Minister in fulfilling the responsibilities of the head of the main drafting unit and the responsibilities of the main drafting agency.

4. The Legal Affairs Department shall be responsible for coordinating with the main drafting unit in performing the following tasks: establishing the Drafting Board; organizing the solicitation of opinions from related units; obtaining the review opinion of the Ministry of Justice and subsequent stages when the legislative project, ordinance, resolution, or decree is submitted to competent state agencies until the document is issued.

5. The Legal Affairs Department shall be responsible for coordinating in preparing progress reports on the development of legislative projects, ordinances, resolutions, and decrees as required by competent state agencies.

Article 19. Soliciting Opinions on Legislative Projects, Ordinances, Draft Resolutions, and Decrees

1. During the drafting process of legislative projects, ordinances, draft resolutions, and decrees, the main unit under the Ministry shall coordinate with the Legal Affairs Department to organize the solicitation of opinions from entities directly affected by the document and other agencies, organizations, and individuals; the main drafting unit shall clearly specify the issues requiring opinions suitable for each opinion-soliciting entity and the address for receiving opinions.

2. The unit assigned the main responsibility by the Ministry shall cooperate with the Information Center to publish the draft document on the Government's electronic information website or the Ministry of Information and Communications' electronic information website for at least sixty days to solicit opinions simultaneously while also publishing the impact assessment report of the document, specifying the address and deadline for receiving opinions.

3. The main unit under the Ministry shall cooperate with the Legal Affairs Department to compile and study the feedback opinions. The document incorporating or explaining the opinions and the revised draft must be published on the Government's electronic information website and the Ministry of Information and Communications' electronic information website.

4. The main unit under the Ministry shall cooperate with the Legal Affairs Department to send the project and draft document to ministries, ministerial-level agencies, government agencies, and the Vietnam Chamber of Commerce and Industry (for legislative projects and drafts involving the rights and obligations of businesses) for their opinions, with a minimum period of twenty working days for these organizations to provide feedback.

5. For projects and drafts containing administrative procedures, before submitting for review, the main unit must seek the opinion of the Ministry of Justice regarding the administrative procedures.

Article 20. Drafting the Prime Minister's Decision

1. The Minister assigns tasks to a unit within the Ministry responsible for primarily drafting the draft decision of the Prime Minister.

2. The unit assigned to primarily draft has the responsibility to organize the summary of the implementation situation of laws; survey and evaluate the current social relations; study relevant information and materials related to the content of the draft; prepare the outline, compile, and revise the draft; organize the collection of opinions, prepare the report and related documents on the draft.

3. In necessary cases, the unit primarily drafting collaborates with the Legal Affairs Department to propose and submit to the Minister for establishing a Drafting Team for the Prime Minister's Decision comprising representatives from relevant units within the Ministry and may invite representatives from organizations outside the Ministry, experts, and scientists. The responsibilities and working principles of the Drafting Team for the Prime Minister's Decision are stipulated by the Minister in the decision establishing the team.

4. The Legal Affairs Department is responsible for coordinating with the unit primarily drafting in completing the dossier for seeking the review opinion of the Ministry of Justice and subsequent steps when submitting the draft decision to the Prime Minister until the document is signed and promulgated.

Article 21. Soliciting Opinions on the Draft Decision of the Prime Minister

1. During the drafting process of the draft decision of the Prime Minister, the unit primarily belonging to the Ministry is responsible for collaborating with the Information Center to publish the full text of the draft decision of the Prime Minister on the Government's electronic information website or the Ministry's electronic information website for at least sixty (60) days to allow organizations and individuals to participate in providing opinions.

2. The unit primarily solicits opinions from entities directly affected by the document and other agencies, organizations, and individuals; the unit primarily drafting is responsible for clearly stating the issues requiring opinions suitable for each entity providing opinions and the address for receiving opinions, summarizing, adopting, and explaining the contents of the contributions; posting on the Ministry's electronic information website the adopted or explained documents and the revised draft.

3. Depending on the nature and content of the draft, the unit primarily belonging to the Ministry sends the draft to solicit opinions from ministries, ministerial-level agencies, and government agencies related to the matter.

4. For draft decisions of the Prime Minister that contain provisions on administrative procedures, before sending for review, the unit primarily drafting must send to solicit opinions from the Ministry of Justice regarding the provisions on administrative procedures.

Section 2
DRAFTING CIRCULARS OF THE MINISTER

Article 22. Drafting Circulars of the Minister

1. The Minister assigns a unit within the Ministry to be responsible for primarily 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 solicitation of opinions from agencies, organizations, and individuals; issues with differing opinions; explain the basic content of the document, including the objectives and key policy issues to be resolved, the solutions to these issues, the positive and negative impacts of these solutions based on qualitative or quantitative analysis of costs and benefits, and clearly state the optimal solution chosen to resolve the issue.

2. In necessary cases, the unit primarily drafting may propose the establishment of a Drafting Team for the Circular; collaborate with the Legal Affairs Department to plan the composition of the Drafting Team mainly consisting of officials and civil servants working in units within the Ministry and submit to the Minister for signing the decision to establish the Drafting Team.

The Drafting Team has the task of assisting the unit primarily drafting in performing the tasks of the unit primarily drafting as stipulated in Clause 3, 4, and 5 of this Article.

3. The unit assigned to primarily draft has the responsibility to coordinate with the Legal Affairs Department and related units to summarize the implementation situation of laws; survey and evaluate the current social relations in the relevant field of the draft; study relevant information and materials; prepare the outline, compile, and revise the draft; organize the collection of opinions; prepare the report and related documents on the draft.

4. The unit primarily drafting has the responsibility to coordinate with the Information Center to post the draft circular on the Ministry of Information and Communications' electronic information website for at least sixty (60) days to allow agencies, organizations, and individuals to provide opinions.

5. The unit primarily drafting organizes the collection of opinions from entities directly affected by the document and other agencies, organizations, and individuals; the unit primarily drafting is responsible for clearly stating the issues requiring opinions suitable for each entity and the address for receiving opinions, summarizing, adopting, and explaining the contents of the contributions; posting on the Ministry's electronic information website the adopted or explained documents and the revised draft.

Depending on the nature and content of the draft, the unit primarily belonging to the Ministry sends the draft to solicit opinions from ministries, ministerial-level agencies, and government agencies related to the matter.

6. For draft circulars containing provisions on administrative procedures, before sending for review, the unit primarily drafting must send to solicit opinions from the Legal Affairs Department regarding the provisions on administrative procedures.

Article 23. Drafting joint circulars of the Minister where the Ministry of Information and Communications is assigned as the main responsible agency for drafting

1. The Minister assigns a unit under the Ministry to be responsible for implementing the drafting of the draft joint circular.

2. The unit under the Ministry that is primarily responsible during the coordination process to carry out tasks such as drafting the Minister's circular as stipulated in Clauses 1, 3, 4, and 5 of Article 22 of this Circular.

3. For draft joint circulars containing provisions on administrative procedures, before sending for review, the main drafting unit must send to the Legal Department for comments on the provisions regarding administrative procedures.

4. In cases where it is necessary to establish an editorial team for the draft joint circular, the main drafting unit shall coordinate with the Legal Department to determine the composition of the editorial team, including representatives from specialized units under the Ministry, the Legal Department, and representatives from co-issuing agencies, relevant agencies, and organizations, and report to the Minister for decision. The editorial team has the responsibility to assist the main drafting unit in performing the tasks of the main drafting unit.

Article 24. Drafting joint circulars of the Minister where the Ministry of Information and Communications is not the main responsible agency for drafting

1. The Minister assigns a unit under the Ministry to be primarily responsible for continuously monitoring and coordinating with ministries, ministerial-level agencies, which are the main responsible agencies for drafting joint circulars throughout the drafting process.

2. The unit under the Ministry that is primarily responsible for coordinating with the main drafting unit of the joint circular shall be responsible for sending the draft joint circular to the Legal Department for review according to the general procedure before submitting to the Minister for co-signature.

Chapter IV
REVIEWING AND ISSUING CIRCULARS, JOINT CIRCULARS

Article 25. Responsibilities of the Legal Department in reviewing documents

The Legal Department is responsible for reviewing draft circulars and joint circulars of the Minister.

For normative legal documents directly drafted by the Legal Department before submission to the Minister for signature and issuance, the Legal Department shall consider and propose to the Minister to establish a Review Board if deemed necessary.

For draft normative legal documents related to administrative procedures, the Legal Department provides comments on both the content and the provisions regarding administrative procedures.

Article 26. Content and time limit for review

1. The content of the review focuses on the following issues:

a) The necessity of issuing the document, the subject, and scope regulated by the draft document;

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

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

d) The feasibility of the draft document, including the compatibility between the provisions of the draft document and practical requirements, the level of social development, and conditions for implementation;

đ) Language and drafting techniques of the document;

e) Compliance with regulations related to administrative procedure control (if applicable).

2. The maximum time limit for reviewing draft circulars and joint circulars is seven (7) working days from the date of receipt of all required documents.

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

Article 27. Documents submitted for review

1. Documents submitted to the Legal Department requesting review of draft normative legal documents include:

a) A letter requesting the Legal Department to review the draft normative legal document;

b) The draft memorandum to the Minister;

c) The draft normative legal document after revision;

d) A summary of explanations and adoption of opinions from relevant agencies, organizations, and individuals;

đ) Reference materials (if any);

2. Documents submitted to the Legal Department requesting review of draft normative legal documents containing provisions on administrative procedures, in addition to the documents specified in Clause 1 of this Article, need to supplement:

a) Comments of the Legal Department on administrative procedures;

b) An explanation and adoption of comments of the Legal Department on administrative procedures;

c) An impact assessment of administrative procedures;

3. The number of documents submitted to the Legal Department for review of draft normative legal documents is two (2) sets.

Article 28. Documents to be submitted to the Minister for issuance of regulatory legal documents

The documents to be submitted to the Minister for signing and issuing regulatory legal documents include:

1. The proposal from the leading unit drafting the document to submit to the Minister;

2. The draft regulatory legal document revised after receiving comments from the Legal Department;

3. The review document of the draft regulatory legal document by the Legal Department. In cases where it is a joint Circular issued by the Ministry, there must be a joint review document by the Legal Departments of the Ministry and the equivalent agency involved in issuing the Circular;

4. Report on addressing comments from the review (to be sent to the Legal Department one copy);

5. Report on addressing and explaining comments from organizations and individuals; copies of the comments from organizations and individuals;

6. Other related documents (if any).

Article 29. Responsibility for submitting draft regulatory legal documents to the Minister

1. The leading unit drafting has the responsibility to submit the documents for issuance of the document according to Article 28 for consideration and decision by the Ministry's leadership.

2. The Ministry Office has the responsibility to receive, check the documents and format before submitting to the Minister for signature.

If the documents or format are not appropriate, the Ministry Office requests the leading drafting unit to perfect the documents.

Chapter V
OTHER PROVISIONS

Article 30. Drafting and Issuing a Single Document to Amend, Supplement, Replace, Repeal, or Abolish Multiple Documents

The drafting and issuance or proposal for drafting and issuing a single document to amend, supplement, replace, repeal, or abolish contents in multiple regulatory legal documents issued by the same unit shall be carried out 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 amend, replace, repeal, or abolish simultaneously 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 content related to one or more other documents issued by the same unit, and the proposed document provides different provisions than those documents.

Article 31. Drafting and Issuing Regulatory Legal Documents through Simplified Procedures

In urgent situations or when immediate amendments are needed to align with newly issued regulatory legal documents, the drafting and issuance of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister may be carried out through simplified procedures as follows:

1. The Minister issues a document requesting the Prime Minister to decide on applying simplified procedures for drafting and issuing Government decrees and Prime Minister decisions; requests the Prime Minister to propose to the competent authority to decide on applying simplified procedures for drafting and issuing laws, National Assembly resolutions, ordinances, Standing Committee of the National Assembly resolutions, Presidential decrees.

2. The content of the request document under Clause 1 of this Article 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 leading drafting unit and the time for submission of the document.

Article 32. Numbering Draft Regulatory Legal Instruments

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 unit for approval.

2. Draft 2 is the draft decided by the head of the leading unit to send and publish on the Government's electronic information website or the leading unit's website for organizations and individuals to provide comments.

3. Draft 3 is the draft sent to the reviewing unit after incorporating the comments from organizations and individuals.

4. Draft 4 is the draft that has incorporated the review comments 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 consideration and issuance for decisions; to the Minister or the head of an equivalent agency for consideration and issuance for circulars and joint circulars.

5. Draft 5 is the draft that has been technically revised after incorporating the comments from members of the Government 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 to issue it (for draft decrees); after incorporating the comments from the Prime Minister (for draft decisions); and before the Minister or the head of an equivalent agency signs to issue it (for circulars and joint circulars).

Article 33. Correcting Legal Instruments

1. A legal instrument that has been issued but contains errors in content shall be corrected or replaced by an equivalent form of legal instrument issued by the issuing unit.

A legal instrument that has been issued but contains errors in format, technical presentation, or issuance procedures must be corrected by an administrative document issued by the issuing unit.

2. After publication in the Official Gazette, if errors in format or technical presentation are discovered during the preparation of the legal instrument, the relevant unit must issue a correcting document.

In cases where errors occur due to the publication process of the Official Gazette of the Socialist Republic of Vietnam, the Government Office must issue a correcting document.

Chapter VI
PARTICIPATION IN COMMENTING ON PROJECTS AND DRAFTS OF REGULATORY LEGAL INSTRUMENTS OTHER COMPETITION LAW REGULATIONS SENT BY OTHER MINISTRIES AND EQUIVALENT AGENCIES FOR COMMENT

Article 34. Responsibilities of Units within Ministries Assigned to Lead Comments on Projects and Drafts of Regulatory Legal Instruments

1. Units within ministries assigned by the Minister to lead comments on projects and drafts of regulatory legal instruments shall be responsible for researching and preparing comment documents based on their own research results and the consolidated comments from related units within the ministry regarding the draft or project of regulatory legal instruments (if applicable).

2. Based on the Minister’s directives and the content and complexity of the draft or project of regulatory legal instruments, the unit assigned to lead comments shall study and propose methods to organize the solicitation of comments from related units within the ministry through discussion sessions or written comments.

3. The unit assigned to lead comments shall ensure timely progress and quality of the comment documents.

Article 35. Responsibilities of units under the Ministry requested to cooperate in providing comments on draft regulatory legal documents

1. Units related to the Ministry, upon receiving a written request to provide comments or participate in meetings discussing draft regulatory legal documents, shall be responsible for organizing research and providing comments in writing or sending staff to fully participate in all meetings discussing draft regulatory legal documents.

2. Units requested to cooperate in providing comments shall be responsible for the progress timeline according to the requirements of the cooperation letter and the quality of their written comments.

3. If beyond the prescribed deadline for submitting written comments, the unit requested to provide comments does not send a written response to the main unit coordinating the comment process, it shall be deemed that the unit has fully agreed with the content of the draft regulatory legal document.

Article 36. Consolidation of Comments on Draft Regulatory Legal Documents

1. In cases where a unit requests comments from relevant organizations through written form, upon the expiration of the deadline for receiving written comments, the assigned main unit shall be responsible for consolidating the comments from relevant units into a consolidated opinion document of the Ministry to be submitted to the Minister.

2. In cases where a unit requests comments from relevant units through direct discussion on draft regulatory legal documents, the assigned main unit shall be responsible for chairing the discussions and recording the minutes of the meeting to consolidate the comments into a consolidated opinion document of the Ministry to be submitted to the Minister.

3. For issues still having differing opinions, the unit assigned to lead the provision of comments must study, consolidate, and prepare a report clearly stating the viewpoint of the leading unit on the issue with differing opinions, accompanied by the comments from relevant units to be submitted to the Minister for consideration and decision.

4. For draft regulatory legal documents not led by the Department of Legal Affairs in providing comments, the units assigned to lead the provision of comments, when sending the Ministry's comments to other Ministries and sectors, shall simultaneously send one copy to the Department of Legal Affairs for tracking and comprehensive consolidation of the database of the Ministry regarding comments on documents with other Ministries and sectors.

Chapter VII
REVIEW, SYSTEMATIZATION, CONSOLIDATION, AND CODIFICATION OF REGULATORY LEGAL DOCUMENTS LEGAL REGULATIONS DOCUMENT

Article 37. Responsibilities for Reviewing and Systematizing Regulatory Legal Documents

1. The Minister of Information and Communications shall carry out reviews and systematizations of documents issued by himself/herself or led in drafting; documents submitted by units or National Assembly deputies containing provisions regulating matters within the scope of his/her Ministry’s administrative management.

2. Heads of specialized units under the Ministry shall be responsible for assisting the Minister in reviewing and systematizing documents regulating matters within the functions and tasks of their units’ administrative management.

3. The Head of the Department of Legal Affairs shall be responsible for supervising, guiding, and consolidating the results of the overall review and systematization of the Ministry.

4. The head of the legal affairs unit or the head of the unit assigned to perform legal affairs work at a Bureau under the Ministry shall be responsible for leading and coordinating with relevant units to assist the Bureau Director in reviewing and systematizing documents related to the industry and sector under the administrative management of their unit.

Article 38. Content, procedure, and process for reviewing and handling the results of reviewing regulatory legal documents

1. The content, procedure, and process for reviewing and handling the results of reviewing shall be based on legal provisions as stipulated in Articles 12, 13, and 14 of Decree No. 16/2013/NĐ-CP dated February 6, 2013, on reviewing and systematizing regulatory legal documents.

2. The content, procedure, and process for reviewing and handling the results of reviewing shall be based on the situation of economic and social development as stipulated in Articles 15, 16, and 17 of Decree No. 16/2013/NĐ-CP dated February 6, 2013, on reviewing and systematizing regulatory legal documents.

3. Annually, the Minister of Information and Communications shall publish a list of documents that have become entirely or partially invalid within the field of information and communication.

Article 39. Reviewing documents by topic or sector

1. Within their scope of functions, tasks, and authorities, the Minister of Information and Communications shall consider and decide on the review of documents by topic or sector.

2. The Minister of Information and Communications shall develop plans and organize the implementation of reviews of documents by topic or sector under the Ministry's management authority and submit them to the Government for decision.

The Director of the Legal Department assists the Minister in developing and organizing the implementation of review plans.

Article 40. Content of Systematization

1. Systematizing documents involves collecting and arranging reviewed documents that remain valid, sorting them according to areas of state management, the hierarchy of document effectiveness, the sequence of issuance times, and other criteria suitable for state management requirements.

2. Methods of systematizing documents include periodic systematization and systematization based on state management requirements.

The initial systematization date is uniformly set as December 31, 2013.

The date for determining documents subject to systematization for publication is December 31 of the fifth year following the previous systematization date.

3. The procedures and processes for systematizing documents shall be carried out in accordance with the provisions of Article 25 of Decree No. 16/2013/NĐ-CP dated February 6, 2013, on reviewing and systematizing regulatory legal documents.

Article 41. Reviewing and Systematizing Documents Containing State Secrets

The review and systematization of documents containing state secrets shall be implemented in accordance with the provisions of Decree No. 16/2013/NĐ-CP dated February 6, 2013, on reviewing and systematizing regulatory legal documents and the regulations on protecting state secrets.

Article 42. Consolidation of Regulatory Legal Documents

1. Consolidating documents involves incorporating the content of amendments and supplements from documents amending and supplementing certain articles of previously issued documents into the consolidated document according to the procedures and techniques specified in Articles 11, 12, 13, 14, 15, 16, 17, and 18 of the Law on Consolidating Regulatory Legal Documents 2012.

2. The Minister of Information and Communications shall organize the consolidation and sign to authenticate the consolidated document for documents amending and supplementing within the promulgation authority of the President, the Government, the Prime Minister, joint documents between the Government and central agencies of political-social organizations for which the Ministry is responsible for drafting, and documents issued by the Ministry and joint documents for which the Ministry is the main drafter.

3. Implementing consolidation for documents of the President, the Government, and the Prime Minister:

a) Within two working days from the date of signing and issuing the amending and supplementing document of the President, the Government, the Prime Minister, or joint documents between the Government and central agencies of political-social organizations, the amended and supplemented document must be sent to the Ministry of Information and Communications for consolidation.

b) Within five working days from the date of receiving the signed and issued amending and supplementing document, the Minister shall assign the main drafting unit to complete the consolidation of the document and submit it to the Minister for signing to authenticate the consolidated document.

c) The Ministry of Information and Communications shall send the consolidated document to the Government Office within two working days from the date of signing to authenticate it, to post it on the Government’s electronic information website.

4. Implementing consolidation for documents issued by the Ministry and joint documents for which the Ministry is the main drafter:

a) Within five working days from the date of signing and issuing the amending and supplementing document, the Minister of Information and Communications shall complete the consolidation of the document and sign to authenticate the consolidated document.

b) Within two working days from the date of signing to authenticate, the consolidated document must be posted on the Ministry’s electronic information website.

5. Implementing the posting of the consolidated document in the Official Gazette:

The consolidated document must be published simultaneously with the amending and supplementing document in the same issue of the Official Gazette.

6. The main drafting unit of the amending and supplementing document shall simultaneously implement the consolidation of the document:

a) Shall be responsible for coordinating with units under the Ministry to conduct the consolidation of the document in accordance with the regulations.

b) When submitting the draft regulatory legal document for amendment and supplementation and the draft consolidated document to the leader of the Ministry responsible for the area, they must also send one copy to the Legal Department.

c) Send the consolidated document for publication in the Official Gazette and the Ministry’s electronic information website as stipulated in Article 6 and Article 8 of this Circular.

7. Responsibilities of the Legal Department

For documents that have been consolidated, the Legal Department shall carefully review the technical consolidation of documents submitted by units under the Ministry and present them to the Minister for signing to authenticate the consolidated document.

Article 43. Codification of Legal Normative Acts

1. The Ministry of Information and Communications shall codify legal normative acts in normative legal documents issued or primarily drafted by itself; legal normative acts in normative legal documents submitted for adjustment of issues within the scope of state management of the Ministry by organizations or National Assembly deputies; implement codification according to topics assigned by the Prime Minister, ensuring the accuracy and completeness of new legal normative acts and topics.

2. Annually, the Legal Department collects, classifies, reviews, compiles, and arranges legal normative acts still in effect in normative legal documents issued or primarily drafted by the Ministry of Information and Communications, and in normative legal documents submitted for adjustment of issues within the scope of state management of the Ministry, to build a legal code.

3. During the process of codification, the Legal Department ensures the accuracy and completeness of legal normative acts codified in the topic; promptly proposes to the Minister for consideration and decision on implementing codification of new legal normative acts and topics.

4. Units under the Ministry shall cooperate with the Legal Department to codify the system of legal normative acts in the field of information and communication.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 44. Ensuring Funding for Drafting Legal Normative Documents and Completing the Legal System

1. Funding for drafting legal normative documents and completing the legal system is provided from the state budget, included in the regular operating budget of the Ministry 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) Solicit opinions on draft legal documents;

g) Provide comments on draft legal documents;

h) Review draft legal documents;

i) Review legal normative documents;

k) Systematize legal documents;

l) Consolidate legal documents;

m) Codify the system of legal normative acts;

n) Inspect and handle legal documents;

o) Monitor and evaluate the implementation of legal documents;

2. Prepare annual funding plans:

Before June 1st each year, based on their own legal normative document drafting plans and current regulations, units under the Ministry submit proposals for drafting legal normative documents along with funding plans for the next year's legal normative document drafting work to the Legal Department for consolidation and registration in the Ministry's Office budget, and the Planning and Finance Department to prepare the annual funding plan for legal normative document drafting work.

The Legal Department leads and coordinates with the Planning and Finance Department to prepare the total budget estimate for annual legal normative document drafting work within the Ministry's budget estimate, to be submitted to the Minister.

3. Standards for allocating funding for legal normative document drafting work and completing the legal system are implemented in accordance with Article 5 of Circular Jointly Issued No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Government Office, providing guidelines for preparing budget estimates, managing, using, and settling accounts for state budget funds to ensure legal normative document drafting work and completing the legal system.

4. The Office manages the funding source for legal normative document drafting work allocated to the primary drafting units to settle accounts for funding for legal normative document drafting work and completing the legal system for the activities specified in points a, c, d, đ, e, k, l of Clause 1 of this Article.

The Legal Department settles accounts for funding for legal normative document drafting work and completing the legal system for the activities specified in points b, g, h, i, m, n of Clause 1 of this Article.

5. The preparation, allocation, use, and settlement of accounts for funding for legal normative document drafting work shall be carried out in accordance with the provisions of the law and the annual legal normative document drafting program. The Planning and Finance Department, the Ministry's Office, and the Legal Department are responsible for guiding and inspecting the use and settlement of accounts for funding for legal normative document drafting work.

Article 45. Effective Date

1. This Circular takes effect from February 15, 2013.

2. Decision No. 138/QĐ-BTTTT dated January 29, 2011 of the Ministry of Information and Communications promulgating the regulation on drafting, issuing, reviewing, and systematizing legal normative documents ceases to be effective from the date this Circular takes effect./.

Article 46. Implementing Units

The Director of the Office, the Head of the Legal Department, the Heads of relevant units; the Directors of Provincial Departments of Information and Communications under central cities and provinces shall be responsible for implementing this Circular./.