Circular No. 28/2009/TT-BNNPTNT stipulates the procedures and formalities for drafting and promulgating regulatory legal documents in the field of agriculture and rural development.

CIRCULAR

Regulations on the procedures for drafting and promulgating normative legal documents in the field of agriculture and rural development

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Law on Legislative Acts of 03 June 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;

The Ministry of Agriculture and Rural Development hereby stipulates the procedures for drafting and promulgating normative legal documents in the field of agriculture and rural development as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

These Circulars regulate the procedures for drafting, reviewing, and promulgating normative legal documents within the scope of management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

These regulations apply to organizations, units, and individuals under the Ministry of Agriculture and Rural Development that are related to the drafting and promulgation of normative legal documents.

Article 3. Normative legal documents concerning the field of agriculture and rural development

1. Laws, ordinances, and resolutions assigned to the Ministry of Agriculture and Rural Development to draft and submit to the Government for submission to the National Assembly or the Standing Committee of the National Assembly.

2. Decrees and decisions assigned to the Ministry of Agriculture and Rural Development to draft and submit to the Government.

3. Circulars issued by the Minister of Agriculture and Rural Development.

4. Joint Circulars between the Minister of Agriculture and Rural Development and the Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, and Procurator General of the Supreme People's Procuracy.

Article 4. Language, structure, numbering, symbols, format, and technical aspects of normative legal documents

1. Language, structure, numbering, symbols, format, and technical aspects of normative legal documents shall be implemented according to Article 5 and Article 7 of the Law on Enacting Normative Legal Documents 2008 and 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 Enacting Normative Legal Documents 2008 (hereinafter referred to as Decree No. 24/2009/NĐ-CP) and other relevant laws.

2. Normative legal documents with broad regulatory scope may be structured into parts, chapters, sections, articles, clauses, and points; for documents with narrow regulatory scope, they may be structured into articles, clauses, and points. Each part, chapter, and section must have a title. A separate chapter on inspection, complaints, denunciations, rewards, and handling violations should not be established in normative legal documents unless there is new content.

3. The numbering and symbols of documents within the authority to promulgate of the Minister are specified as follows:

- Circular: Serial number of the document... /... (year of issuance)/TT-BNNPTNT;

- Joint Circulars chaired by the Ministry of Agriculture and Rural Development: Serial number of the document... /... (year of issuance)/TTLT-BNNPTNT - ... (abbreviation of the name of the participating ministries or sectors);

Article 5. Effective date of normative legal documents

1. The effective date of normative legal documents shall be specified in the document but shall not be earlier than forty-five days from the date of publication or issuance.

2. In cases where normative legal documents stipulate emergency measures, if the documents are issued to promptly address requirements for disaster prevention and control, disease prevention, they may take effect from the date of publication or issuance but must be immediately published on the website of the issuing agency and reported through mass media; they must be published in the Official Gazette of the Socialist Republic of Vietnam (hereinafter referred to as the Official Gazette) no later than two working days from the date of publication or issuance.

Article 6. Publishing in the Official Gazette, reporting, sending, and archiving documents within the authority to promulgate of the Minister

1. Documents within the authority to promulgate of the Minister, after being signed and issued, must be sent for publication in the Official Gazette, the Government's website, the Ministry's website, and reported through mass media (if applicable), except for documents containing state secrets.

2. Documents within the authority to promulgate of the Minister, after being signed and issued, must be promptly sent to higher state agencies, relevant state agencies, political-social organizations, and supervisory, inspection, and enforcement agencies.

3. The original and copies of normative legal documents must be archived in accordance with the law on archives.

4. The unit responsible for drafting documents within the authority to promulgate of the Minister must send the electronic record (file) to the Ministry's Office along with the time stamp and serial number from the Ministry's Archives Department and bear responsibility for the accuracy of the electronic record (file).

5. The Ministry's Office is responsible for sending the document and its electronic record (file) to the Official Gazette, the Government's website, and uploading it to the Ministry's website, except for documents containing state secrets.

Article 7. Amending, supplementing, replacing, revoking, abolishing, or suspending the enforcement of documents within the authority to promulgate of the Minister

1. Documents within the authority to promulgate of the Minister can only be amended, supplemented, replaced, revoked, or abolished by a normative legal document issued by the Minister or jointly issued, or suspended, revoked, or abolished by a document of a competent state agency.

2. Documents amending, supplementing, replacing, revoking, abolishing, or suspending the enforcement of other documents must clearly specify the name of the document, article, clause, or point being amended, supplemented, replaced, revoked, abolished, or suspended.

Article 8. Database of normative legal documents on agriculture and rural development

1. Normative legal documents within the authority to promulgate of the Minister of Agriculture and Rural Development and normative legal documents related to the field of agriculture and rural development issued by competent state agencies must be systematized and built into a database of normative legal documents on agriculture and rural development to serve the drafting, review, promulgation of normative legal documents, and the management activities of the Ministry.

2. The Office of the Ministry shall be responsible for leading and coordinating with the Information and Statistics Center and relevant units to establish and manage the database of legal normative documents on agriculture and rural development; regularly updating and timely supplementing new legal normative documents issued, implementing computerization of the database to serve management, exploitation, and utilization work.

Article 9. Responsibilities of the Legal Department

1. Draft proposals for programs and plans (hereinafter referred to as the program) to build legal normative documents in the field of agriculture and rural development based on the proposals of units under the Ministry and recommendations from agencies, organizations, and individuals. Implement the program to build legal normative documents after approval.

2. Lead or participate in drafting legal normative documents according to the assignment of the Minister.

3. Review draft legal normative documents within the authority of the Minister to issue.

4. Conduct legal checks and review preparatory files for draft legal normative documents submitted to the Government and Prime Minister by the main drafting units before submitting them to the Ministry's leadership for forwarding to the Ministry of Justice for review.

5. Guide compliance with regulations on building legal normative documents; urge and monitor the construction of legal documents; report monthly, quarterly, semi-annually, and annually to the Minister on the work of building and issuing legal documents.

6. Propose measures to improve the quality and ensure the progress of drafting and issuing legal normative documents to the Minister.

7. Lead and coordinate with the Finance Department to develop annual budget plans for the work of building and issuing legal documents.

Article 10. Responsibilities of subordinate units under the Ministry

1. Leading Unit for Drafting

a) Propose a list of legal normative documents needed to be drafted to propose inclusion in the program and plan for building legal normative documents;

b) Submit to the Ministry's leadership draft decisions on establishing the drafting board and editorial team when such boards and teams are established;

c) Prioritize funding for the drafting and issuance of legal normative documents;

d) Organize the drafting of legal normative documents in accordance with the provisions of the law;

đ) Timely report and seek guidance from the responsible leadership of the Ministry on issues arising during the drafting process such as: drafting progress, content of the document, supplementation, removal from the program, and other contents;

e) Be responsible to the Minister for the progress, content, and quality of the drafted documents.

2. The Ministry Office

a) Secretarial work includes stamping, numbering, dating, archiving the original copy, and distributing (issuing) legal documents within the authority of the Minister to related agencies and organizations; sending for publication in the Official Gazette, the Government's website, and the Ministry's website.

b) Coordinate with the Cadre Organization Department and the Legal Department to propose commendations and rewards in the work of building and issuing legal normative documents.

3. Units under the Ministry

Provide comments on draft legal normative documents within the deadline; be responsible to the Minister for the comments provided on the content of regulations within their specialized fields assigned to them.

4. Legal departments of units under the Ministry shall be the focal point responsible for assisting unit heads in the work of building and issuing legal normative documents. For units without legal departments, the unit head shall assign suitable staff to act as the focal point in this work.

Chapter II

ESTABLISHING THE PROGRAM FOR DRAFTING REGULATORY LEGAL DOCUMENTS

Article 11. Chapter on the Development Program for Regulatory Legal Documents

1. The Development Program for Regulatory Legal Documents includes:

a) The Development Program for Laws, Ordinances, and Resolutions of the National Assembly and the Standing Committee of the National Assembly during the term of the National Assembly (hereinafter referred to collectively as laws and ordinances); the annual development program for laws and ordinances that the Ministry is assigned to primarily draft;

b) The annual development program for Decrees of the Government and Decisions of the Prime Minister in the field of agriculture and rural development that the Ministry is assigned to primarily draft;

c) The Development Program for Regulatory Legal Documents within the authority of the Minister to issue.

2. Propose the development of laws, ordinances, resolutions annually and throughout the term of the National Assembly; Decrees of the Government and Decisions of the Prime Minister in the field of agriculture and rural development.

3. The Minister approves the Development Program for Regulatory Legal Documents within the scope of state management of the Ministry.

Article 12. Responsibilities of units in preparing proposals for the development of laws, ordinances, resolutions, decrees, and decisions

1. Submit proposals:

a) Before February 15 of the first year of the National Assembly's term, units assigned to primarily develop laws and ordinances submit the proposal dossier for developing laws and ordinances during the National Assembly's term to the Department of Legislation;

b) At least 125 days before March 1 of the year preceding the year in which they plan to submit to the National Assembly and the Standing Committee of the National Assembly, units assigned to primarily develop laws and ordinances submit proposals for developing annual laws and ordinances based on the program for the entire term of the National Assembly to the Department of Legislation;

c) At least 125 days before March 1 of the year preceding the year in which they plan to submit to the National Assembly, units assigned to primarily develop laws and ordinances submit the proposal dossier for developing annual laws and ordinances not included in the program for the entire term of the National Assembly to the Department of Legislation;

d) Before June 30 of the year preceding the year in which they plan to promulish, units under the Ministry submit proposals for developing Decrees of the Government and Decisions of the Prime Minister according to their state management requirements to the Department of Legislation.

2. The proposal dossiers mentioned in points a, b, c, and point d of paragraph 1 shall be implemented in accordance with Article 4 and paragraph 1 of Article 15 of Decree No. 24/2009/NĐ-CP.

Proposals for annual Decisions of the Prime Minister shall be carried out in accordance with Appendix 1 attached to this Circular.

3. In addition to laws, ordinances, resolutions, decrees, and decisions proposed for development by units under the Ministry, the Department of Legislation proposes comprehensive documents, documents incorporating contents related to agriculture and rural development, or necessary documents to be developed based on recommendations from organizations and individuals in accordance with the provisions and requirements set forth in paragraph 2 of this Article.

4. For proposals for laws, ordinances, resolutions, decrees, and decisions that do not meet the provisions set forth in paragraph 2 of this Article, the Department of Legislation requests relevant units to supplement and complete their proposals.

Article 13. Drafting and submitting proposals for the development of laws, ordinances, resolutions, decrees, and decisions

1. Within twenty days from the expiration date for submitting proposals for the development of laws, ordinances, decrees, and decisions as stipulated in Article 12 of this Circular, the Department of Legislation drafts the proposal draft of the Ministry for the development of laws, ordinances, resolutions, decrees, and decisions.

2. In cases where necessary or at the request of the Minister, the Director of the Department of Legislation organizes meetings involving relevant units to review the draft proposal for the development of laws, ordinances, resolutions, decrees, and decisions; the head of the unit proposing the development of laws, ordinances, resolutions, decrees, and decisions presents issues related to their proposals.

3. The Department of Legislation organizes scientific reviews of the outline of the law and ordinance projects; the outline of the draft resolution, decree, and decision when deemed necessary.

4. The Department of Legislation submits the draft proposal for the development of laws, ordinances, resolutions, decrees, and decisions to the Minister.

5. Submitting proposals for the development of laws, ordinances, resolutions, decrees, and decisions:

a) After approval by the Minister, the Department of Legislation and the Ministry Office are responsible for sending proposals for the development of laws, ordinances, resolutions, decrees, and decisions to the Ministry of Justice and the Government Office;

b) Proposals for the development of laws, ordinances, and resolutions during the term of the National Assembly are sent to the Ministry of Justice, no later than March 1 of the first year of the National Assembly's term. Proposals for the development of annual laws, ordinances, and resolutions are sent to the Ministry of Justice, no later than 105 days before March 1 of the year preceding the year in which they plan to submit to the National Assembly and the Standing Committee of the National Assembly.

c) Proposals for the development of annual decrees and decisions are sent to the Government Office and the Ministry of Justice before August 1 of the year preceding the year in which they plan to submit.

Article 14. Responsibilities of units in proposing the development of regulatory legal documents within the authority of the Minister to issue

1. Submit proposals:

a) Units under the Ministry prepare a list of regulatory legal documents planned to be developed and issued in the year and send it to the Department of Legislation and the Finance Department before June 30 of the year preceding the year in which they plan to issue them to prepare budget estimates.

b) Units under the Ministry prepare a program for developing documents within the authority of the Minister to issue and send it to the Department of Legislation before November 1 of the year preceding the year in which they plan to issue them to submit to the Minister for approval.

In addition to documents directly proposed for development by units under the Ministry, the Department of Legislation proposes comprehensive documents, documents incorporating contents related to agriculture and rural development, or necessary documents that have not been proposed by units under the Ministry to include in the program.

2. Proposals for the development of documents within the authority of the Minister to issue must clearly state the necessity of issuance; the scope of regulation and application of the document; the primary drafting agency and the coordinating agencies; the expected time for submission of the document; the expected financial, human resources, and other resources to ensure implementation and conditions to ensure the drafting of the document.

For proposals to develop documents that do not fully meet the above content, the Legal Department requests the unit to supplement and complete them.

The model for proposing the development of normative legal documents is specified in Appendix 1 issued together with this Circular.

Article 15. Propose adjustments to the development of laws, ordinances, resolutions of the National Assembly, the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister.

1. In cases where it is necessary to supplement the development of normative legal documents for issuance to meet management requirements; to adjust the progress and time of submission, change the name, adjust the scope and basic content of the document, or remove it from the program for those documents that do not ensure progress and quality of drafting or are not yet necessary to be issued, the unit assigned the main responsibility for drafting shall submit a report to the Ministry's leadership.

2. The Ministry's leadership shall examine and decide on the proposal to make changes. After receiving the opinion of the Ministry's leadership, the unit assigned the main responsibility for drafting shall coordinate with the Ministry's Office and the Legal Department to draft a document for submission to the Minister for consideration and decision.

In cases where the proposal is to remove the document from the program, the proposal document must be accompanied by a presentation clearly stating the reasons for removing it from the program, directions, and time for resolution.

3. In cases where the supplementary and adjustment proposals are approved, the Legal Department shall coordinate with the Ministry's Office to register the supplementation and adjustment of the document development program with the Ministry of Justice and the Government Office.

Article 16. Supplementing and adjusting the program for developing normative legal documents within the authority of the Minister to issue

1. Basis for supplementing and adjusting the program

a) The Resolution of the National Assembly on adjusting the program for developing laws and ordinances;

b) Guidance of the Government, the Prime Minister;

c) Guidance of the Minister;

d) Results of inspecting and reviewing normative legal documents;

đ) Actual situations changing and management requirements of the Ministry.

2. Procedure and process for supplementing and adjusting the program

a) In cases where it is necessary to supplement the development of normative legal documents for issuance to meet management requirements; to adjust the progress and time of submission, change the name, adjust the scope and basic content of the document, or remove it from the program for those documents that do not ensure progress or are not yet necessary to be issued, the unit assigned the main responsibility for drafting shall submit a request for adjustment to the Legal Department;

b) Within no more than 7 (seven) working days from the date of receipt of the proposal documents from the units, the Legal Department Director shall prepare a report for the Minister to consider and decide. The report must clearly state the reasons, directions, time, proposed solutions, and the Legal Department's opinions.

Article 17. Monitoring and reporting on the implementation of the program for developing normative legal documents within the Ministry's administrative management

1. The Legal Department shall monitor, urge, and inspect the units responsible for drafting to ensure compliance with the procedures, progress, quality of drafting, and deadlines for submitting normative legal documents, regularly reporting to the Minister, the Ministry of Justice, and the Government Office.

2. Responsibilities and deadlines for reporting

a) Before the 20th day of the last month of each quarter and before November 15 of each year, the unit assigned the main responsibility for drafting shall have the responsibility to report in writing on the progress of developing the documents to the Legal Department;

b) The Legal Department shall compile and report to the Minister monthly, quarterly, semi-annually, and annually.

Chapter III

DRAFTING, REVIEWING, ISSUING NORMATIVE LEGAL DOCUMENTS

Mục 1. PREPARATION OF PROJECTS OF LAWS, ORDINANCES, RESOLUTIONS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DRAFT DECISIONS OF THE GOVERNMENT, AND DECISIONS OF THE PRIME MINISTER

Article 18. Drafting Board

1. The authority to decide on the establishment, composition, tasks of the Drafting Board, duties of the Chairperson of the Drafting Board, responsibilities of members of the Drafting Board, and activities of the Drafting Board shall be carried out in accordance with Articles 30, 31, 32, and Article 60 of the Law on Enactment of Legal Normative Documents 2008, from Article 20 to Article 24 of Decree No. 24/2009/NĐ-CP, and other relevant laws.

2. The establishment of the Drafting Board for decisions of the Prime Minister shall be proposed by the leading unit responsible for drafting if deemed necessary.

3. The Minister shall serve as the Chairperson of the Drafting Board for projects of laws, ordinances, and draft resolutions of the National Assembly and the Standing Committee of the National Assembly.

Article 19. Editorial Team

1. The Chairperson of the Drafting Board shall establish the Editorial Team to assist the Drafting Board in performing its tasks. The Editorial Team operates under the direction of the Chairperson of the Drafting Board. The tasks and composition of the Editorial Team are regulated by Article 25 of Decree No. 24/2009/NĐ-CP.

2. The Head of the Editorial Team must be the Head of the leading unit responsible for drafting. The Head of the Editorial Team is responsible for reporting progress and quality of assigned work to the Chairperson of the Drafting Board.

Article 20. Responsibilities of the Leading Unit Responsible for Drafting

1. Prepare the draft decision on establishing the Drafting Board to be submitted to the Ministry's leadership when the Minister decides to establish the Drafting Board; prepare the draft decision on establishing the Editorial Team to be submitted to the Chairperson of the Drafting Board.

2. Develop the activity plan of the Drafting Board; prepare related documents concerning the project content; develop the drafting plan; prepare the outline and draft the project and draft according to the directives of the Drafting Board and the Chairperson of the Drafting Board.

3. Be responsible before the Ministry's leadership and the Chairperson of the Drafting Board for the content, quality, and progress of the project and draft. Edit and finalize the project and draft according to the directives of the Chairperson of the Drafting Board.

4. Timely report and seek guidance from the Ministry's leadership and the Chairperson of the Drafting Board regarding new issues arising during the drafting process.

5. Take the lead and coordinate with units within the Ministry to ensure conditions for the activities of the Drafting Board and the Editorial Team; prepare meetings of the Drafting Board and the Editorial Team, seminars, and conferences on the project and draft.

6. Perform other tasks assigned by the Chairperson of the Drafting Board.

Article 21. Organizing Solicitation of Opinions and Critiques

1. Projects and drafts of legal normative documents must solicit opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document in accordance with Articles 35, 62, Clause 2 of Article 67, Clause 2 of Article 68 of the Law on Enactment of Legal Normative Documents 2008, and Article 27, Clause 5 of Article 31, Clause 4 of Article 34, Clause 5 of Article 36 of Decree No. 24/2009/NĐ-CP.

2. Depending on the nature and content of the project and draft, opinions can be solicited through the following methods:

a) Organize a meeting to introduce the content of the project of laws, ordinances, and draft resolutions of the National Assembly and the Standing Committee of the National Assembly;

b) Organize a meeting with representatives of ministries, sectors, and relevant agencies and organizations; organize seminars and conferences for comments;

c) Send the draft legal normative document to relevant ministries, sectors, agencies, organizations, and the Vietnam Chamber of Commerce and Industry (if the content relates to the rights and obligations of enterprises) to solicit opinions;

d) Send the draft document related to food safety and plant and animal quarantine measures (SPS) and technical barriers to trade (TBT) to the SPS Office (International Cooperation Department) and the TBT Office (Science, Technology, and Environment Department) to inform the WTO Secretariat and member countries for comments;

đ) Publish the draft document on the Government’s or the Ministry’s website and clearly specify the content and address for submitting comments.

3. The leading unit responsible for drafting shall prepare and submit to the Ministry's leadership for decision on the contents and issues requiring opinions and discussion suggestions accompanying the project and draft.

4. The leading unit responsible for drafting shall coordinate with the Government Office to organize a meeting to introduce the content of the project of laws, ordinances, and draft resolutions of the National Assembly and the Standing Committee of the National Assembly.

5. Soliciting opinions from scientists and experts shall be carried out in accordance with regulations on mechanisms for involving experts, scientists, and the public in the development and issuance of legal normative documents.

6. In cases where the project and draft contain complex content, involve multiple sectors and fields of state management, and affect many implementing entities, and their issuance will significantly impact economic and social conditions and state management activities, the Chairperson of the Drafting Board shall decide to organize critiques from scientists, experts, and managers. The scope of critique may cover some or all of the draft content.

Critique solicitation shall be conducted through organizing meetings or signing research contracts with scientists, experts, managers, or scientific research institutions.

Article 22. Soliciting Opinions on Projects and Drafts of Legal Normative Documents on the Government’s or the Ministry’s Website

1. Units within the Ministry responsible for drafting shall cooperate with the Government Office to publish draft legal normative documents of the Government (excluding documents containing state secrets) on the Government’s website or coordinate with units managing the Ministry’s website to post the draft document on the Ministry’s website to solicit opinions from agencies, organizations, and individuals for at least 60 (sixty) days for participation in the opinion-giving process. The draft document posted on the Government’s or the Ministry’s website must be a completed version after receiving directives from the Ministry's leadership.

2. The unit under the Ministry responsible for drafting must regularly monitor and update comments from agencies, organizations, and individuals on the draft document on the Government's website or the Ministry's website; coordinate with the Government Office to receive comments sent through the Government Office; receive direct comments sent to the Ministry of Agriculture and Rural Development; compile, report, and explain fully and truthfully the adoption of comments from agencies, organizations, and individuals regarding the project or draft regulatory document.

Within no more than 10 (ten) working days from the date the deadline for soliciting opinions on the draft document on the Government's website or the Ministry's website expires, the unit under the Ministry responsible for drafting must complete the report summarizing the explanation of the adoption of comments on the draft document. This is a mandatory document that must be included in the project or draft document dossier submitted to the competent authority for review and presented to the Government.

3. The Legal Department is responsible for monitoring and inspecting the solicitation of opinions from agencies, organizations, and individuals on the draft regulatory document of the Government drafted by units under the Ministry on the Government's website or the Ministry's website; examine the adoption of comments from agencies, organizations, and individuals on the draft regulatory document.

Article 23. Study, adopt opinions, revise the project, draft document, prepare a report to the Government, Prime Minister

1. The unit under the Ministry responsible for drafting is responsible for compiling, studying, adopting opinions from relevant ministries, agencies, organizations, and individuals to perfect the document, prepare a report to the Government, Prime Minister; in cases where opinions are not adopted, the reasons must be clearly stated, explained with legal and practical management grounds.

2. Comments from ministries, agencies, organizations, and individuals on the Government's website or the Ministry's website must be compiled fully and truthfully into a document in the draft document dossier submitted to the competent authority for review and presented to the Government.

Article 24. Provide legal opinions on the project, draft

1. After completing the project and draft, the unit under the Ministry responsible for drafting must send the project and draft document dossier to the Legal Department. The Legal Department is responsible for providing legal opinions, reviewing the dossier before submitting it to the Minister for signature and sending the project and draft proposal to the Ministry of Justice for review.

2. The Legal Department must provide opinions on the project and draft document within no more than 3 (three) working days from the date of receipt of the request letter and related documents.

3. Within 3 (three) working days from the date of receipt of the Legal Department's opinion, the drafting unit must study, adopt, and revise to perfect the project and draft document for submission to the Minister.

For issues still having differing opinions, the drafting unit must issue a report explaining to the Minister about the adoption or non-adoption of the Legal Department's opinions.

Article 25. Submit the project and draft for the Ministry of Justice to review

1. The project and draft must be reviewed by the Ministry of Justice before being submitted to the Government, Prime Minister, in accordance with Article 36, Article 63 of the Law on Enacting Regulatory Documents 2008 and Clause 2 of Article 43 of Decree No. 24/2009/NĐ-CP.

2. Responsibilities of the drafting unit

a) Send the full review dossier as prescribed to the Ministry of Justice;

b) Providing necessary information and materials related to the projects and drafts upon request of the reviewing agency.

Article 26. Study, adopt review opinions, perfect the project, draft

1. The drafting unit studies and adopts the review opinions of the Ministry of Justice to revise and perfect the project and draft. In cases where there are differing opinions compared to the review opinions of the Ministry of Justice, the drafting unit under the Ministry promptly reports to the Drafting Board and the Ministry Leadership to report to the Government, Prime Minister for consideration and decision. The explanatory document on the adoption or non-adoption of review opinions must be sent to the Ministry of Justice and the Government Office.

2. In cases where the project and draft solicit contributions, critiques, adopt review opinions but still have differing opinions, the drafting unit prepares a draft document for the Ministry Leadership to report and propose solutions to the Government, Prime Minister.

Article 27. Submit the project and draft to the Government, Prime Minister

The drafting unit coordinates with the Legal Department and the Ministry Office to prepare the project and draft dossier for the Minister to submit to the Government, Prime Minister in accordance with Articles 37, 38, 64, and 65 of the Law on Enacting Regulatory Documents 2008 and Articles 26 and 32 of Decree No. 24/2009/NĐ-CP.

Section 2. DRAFTING LEGAL REGULATORY DOCUMENTS WITHIN THE AUTHORITY TO ISSUE OF THE MINISTER

Article 28. Drafting Team

1. Depending on the nature of each type of document, the Head of the unit assigned to take the lead in drafting shall issue a decision to establish the Drafting Team.

2. Composition of the Drafting Team

a) The head of the Drafting Team is the representative of the unit assigned to take the lead in drafting.

b) Members of the Drafting Team include representatives from the Legal Department (if the Legal Department is not the leading unit for drafting) and representatives from related agencies and units.

3. Responsibilities of the Head of the Drafting Team

The head of the Drafting Team is responsible for determining the purpose, requirements, content, scope, and regulated subjects of the draft regulatory document; directing, assigning, and managing tasks to ensure the quality of the drafted document and the progress of implementation.

4. Responsibilities of members of the Drafting Team

a) Fulfill tasks related to document drafting according to the assignment of the head;

b) Attend all meetings and activities of the Drafting Team;

c) Proposing opinions related to the contents of the document and the process of drafting the document.

Article 29. Drafting Documents

The leading unit responsible for drafting the document has the responsibility to:

1. Summarize and evaluate the current status of legal provisions and the practical implementation of laws; study legal experiences and relevant information concerning the content of the draft document; conduct surveys and research on local practices, bases, or foreign countries.

2. Organize the drafting of the document according to schedule, ensuring quality; promptly seek guidance from the Ministry's leadership on important contents of the document.

3. Organize the collection of opinions and the study and adoption of opinions from related agencies, organizations, and individuals regarding the draft document.

4. Edit the draft document, prepare a report to the Minister for submission to seek review.

5. Finalize the draft document after receiving review comments.

6. Prepare the dossier for the Minister to sign and issue the document.

Article 30. Organizing Solicitation of Opinions and Critiques

1. The draft document must be organized to collect opinions from entities directly regulated by the document and from related agencies, organizations, and individuals in accordance with the law on issuing legal regulatory documents. If the draft document relates to food safety and animal and plant quarantine (SPS) and technical barriers to trade (TBT), it must be sent to the SPS Vietnam Office (International Cooperation Department) and the TBT Vietnam Office (Science, Technology, and Environment Department) to inform the WTO Secretariat and member states for their comments.

2. Soliciting participation opinions on the draft document is carried out through the following forms:

a) Holding meetings for comments and seminars;

b) Collecting opinions in writing;

c) Through the Ministry’s electronic information website;

d) Through organizations, associations that coordinate to collect opinions from entities directly regulated and affected by the document;

đ) Organizing critical reviews based on contracts with agencies, organizations, research institutes, experts, scientists, and managers regarding the draft document.

3. Soliciting opinions on the draft document can be conducted once or multiple times, applying one or more forms prescribed in Clause 2 of this Article.

4. Dossier for soliciting opinions

a) A letter requesting opinions, clearly stating the issues requiring opinions;

b) The draft legal regulatory document;

c) A presentation of the basic content of the draft, clearly stating the purpose, reasons, necessity of issuing the document; practical requirements, legal basis for issuing the document; regulated subjects, scope of regulation; new relationships needing regulation; other necessary contents and anticipated legal regulatory documents or clauses of legal regulatory documents to be amended, supplemented, replaced, or rendered ineffective;

d) Other relevant documents concerning the content of the draft.

5. Letters requesting opinions and draft documents must be sent to organizations and individuals participating in the opinion solicitation at least three working days before the meeting or seminar if the organization or individual is invited to participate in the meeting or seminar, except in urgent cases where the document is being drafted.

6. Soliciting opinions from experts and scientists is carried out in accordance with regulations on mechanisms for involving experts and scientists in the process of drafting and issuing legal regulatory documents.

Article 31. Responsibilities of agencies and units requested to cooperate in providing opinions

1. Agencies and units under the Ministry, upon receipt of a request to provide opinions in writing or to participate in meetings and seminars discussing draft documents within the authority of the Minister to issue, have the responsibility to organize research and provide opinions in writing or send staff to fully participate in all meetings and seminars.

2. In the case of collecting opinions in writing, the agency or unit requested to provide opinions must respond in writing within seven working days from the date of receipt of the dossier and bear responsibility for the quality of the opinion document. Failure to respond within this period is considered agreement with the content of the draft document, and the agency or unit bears responsibility before the Minister for the content related to itself.

Article 32. Studying, adopting opinions, editing the draft document, preparing a report to the Minister

1. The leadership of the leading unit for drafting and the Drafting Team are responsible for summarizing, studying, adopting opinions to perfect the document and preparing a report to the Minister on the draft document.

2. Adoption of opinions must be reflected in writing, detailing the issues adopted and not adopted in the draft document.

3. For cases where opinions are sought from related agencies and units through direct discussion on the draft document, the leading unit for drafting or the Drafting Team is responsible for recording the minutes of the meeting to be included in the draft document dossier.

4. For issues still having differing opinions, the unit assigned to lead the drafting and the Drafting Team must study, summarize, and explain specifically in the report to the Minister, clearly stating their viewpoint on the issues still having differing opinions and the direction for resolution along with the opinions of related agencies and units.

5. The memorandum on the draft document must clearly state the necessity for issuing the document, the scope of regulation, the subjects to which it applies, the main contents, issues with differing opinions, and issues seeking opinions. The format of the memorandum is specified in Appendix 4 attached to this Circular.

Article 33. Văn bản đề nghị, tờ trình thành lập Trung tâm, dự thảo Quyết định thành lập hoặc dự thảo Quyết định cho phép thành lập Trung tâm; dự thảo Quy chế tổ chức và hoạt động của Trung tâm và các tài liệu khác có liên quan (giấy tờ đất đai, kinh phí, nguồn nhân lực);

1. Review documentation includes:

a) A letter requesting review in accordance with Appendix 2 attached to this Circular;

b) Draft memorandum submitted by the Minister regarding the issuance of the document;

c) Draft document (final draft);

d) Summary of comments from agencies, units, organizations, and individuals on the draft document and copies of comments from these entities;

e) Other documents (if any).

2. For draft documents regulating procedures, norms, and economic-technical standards, and various types of lists as prescribed, in addition to the documents stipulated in Clause 1 of Article 5 of this Law, the dossier must include a written review opinion by the unit assigned responsibility for reviewing the specialized content of the draft.

3. The leading unit responsible for drafting has the duty to submit the complete review dossier to the Legal Department or the Review Board for review.

Article 34. Review of Documents

1. Draft documents must be reviewed legally by the Legal Department or the Review Board before being submitted to the Minister for signature and issuance.

2. Contents of appraisal

a) The necessity of promulgating the document;

b) Compliance with constitutional and legal requirements and consistency with the legal system;

c) Content of the draft document;

d) Adherence to drafting procedures and processes;

đ) Language and document drafting techniques.

3. Review Period

a) The review period is seven working days from the date the Legal Department or the Review Board receives the complete review dossier in accordance with Article 33 of this Circular;

b) In cases where the review dossier lacks any of the documents prescribed in Article 33 of this Circular, the Legal Department or the Review Board will request the leading drafting unit to supplement the dossier immediately upon receipt of the dossier and propose that the leading drafting unit complete the dossier. The review period will commence from the date the Legal Department or the Review Board receives the complete valid dossier;

c) In cases where the document has complex nature and content requiring participation in the review process, the review period may be extended but not exceeding ten working days at most.

4. If, after receiving the review dossier, it is found that the content of the document does not meet the requirements, the Legal Department or the Review Board will request the leading drafting unit to revise and perfect the draft document.

5. The results of the review must be documented in writing in accordance with Appendix 3 attached to this Circular.

6. Legal value of the review opinion

a) The review opinion must be studied and adopted by the leading drafting unit to improve the document and explained in the memorandum submitted to the Minister;

b) The review opinion serves as a basis for the Minister to consider and decide on signing and issuing the document.

Article 35. Responsibilities for Review

1. The Legal Department is responsible for reviewing draft regulatory documents, except when the review is conducted through the Review Board as provided for in Clause 2 of this Article.

2. The Minister decides to establish the Review Board when deemed necessary to review draft regulatory documents drafted by the Legal Department or those with complex nature and content, involving multiple implementing entities, and having significant impact on economic and social conditions and state management activities if issued, based on the proposal of the Legal Department Director.

The leading drafting unit is responsible for ensuring conditions for the operation of the Review Board.

3. The unit assigned by the Ministry is responsible for reviewing the specialized content of draft documents regulating procedures, norms, and economic-technical standards, and various types of lists as prescribed.

Article 36. Organization of the Legal Department's Review Process

1. The review process must ensure objectivity and independence.

2. When deemed necessary, the Legal Department organizes the solicitation of review opinions in the following forms:

a) Sending the review dossier to solicit opinions from relevant units and individuals;

b) Coordinating with the leading drafting unit to organize meetings to solicit review opinions from relevant units and individuals. The meeting content must be fully recorded in the minutes.

3. Heads of units requested to cooperate in the review have the responsibility to study the draft document and submit written review opinions to the Legal Department within three working days from the date of receipt of the review dossier sent by the Legal Department.

4. During the review process, the Legal Department can request the leading drafting unit to provide additional information, documents related to the draft, or present explanations on related issues to clarify the content of the draft.

Article 37. Review Board

1. Establishment of the Review Board

a) In cases where it is necessary to establish a Review Board according to the Minister's decision to review draft documents drafted by the Legal Department, the Cadre and Civil Service Management Department is responsible for drafting the decision to establish the Review Board to be submitted to the Minister;

b) For draft documents with complex nature and content, involving multiple implementing entities, and having significant impact on economic and social conditions and state management activities, the Legal Department proposes the Minister to decide on establishing the Review Board. The Legal Department Director is responsible for drafting the decision to establish the Review Board to be submitted to the Minister.

2. Composition of the Review Board

a) The Review Board consists of the Chairman, Secretary, and members who are representatives of leaders from relevant ministries involved in the review content. Experts and scientists may be invited to participate as members of the Review Board;

b) The Review Board must consist of at least seven people and must be an odd number;

3. The Review Board operates on the principle of collective decision-making and majority voting. The Review Board ceases operations and dissolves itself after the reviewed document has been submitted to the relevant unit or authority.

Article 38. Organization of the Review Board's Review Process

1. Within five working days from the date of receiving the complete review dossier, the Chairman of the Review Board is responsible for sending the review dossier to each member of the Board and organizing a Review Board meeting.

2. The meeting of the Appraisal Council shall only be conducted if at least two-thirds (two-thirds) of the total number of members of the Council are present. In case a member cannot attend the meeting, they must submit their appraisal opinion in writing to the Chairman of the Council.

3. Procedure for conducting the appraisal meeting

a) The Chairman of the Council announces the reason for the meeting, announces the decision to establish the Council, and states the discussion requirements;

b) The representative of the leading unit responsible for drafting presents the content of the draft; provides relevant information about the draft and raises issues that still have differing opinions on the draft;

c) Members of the Council discuss;

d) The Secretary of the Council reads out the opinions of the absent members of the Council;

đ) The Council votes on each issue. Opinions that are approved by more than half of the total number of present members of the Council are considered the opinion of the Council. In case of a tie vote, the decision follows the opinion of the Chairman of the Council.

4. The Secretary of the Council is responsible for recording the minutes of the Council's appraisal meeting. The minutes must fully record all statements made during the meeting, and unresolved issues must also be clearly recorded in the minutes and signed by the Chairman and the Secretary of the Council.

5. Within three (3) working days from the end of the Council's meeting, based on the Council's meeting minutes and the content of the appraisal, the Secretary of the Council is responsible for drafting the appraisal document to be submitted to the Chairman of the Council for signature and sent to the leading unit responsible for drafting.

Article 39. Study, adopt appraisal opinions, perfect the draft

1. The appraisal opinions of the Legal Department or the Appraisal Council are sent to the leading unit responsible for drafting for study and adoption.

2. Within five (5) working days from the date of receipt of the appraisal opinions, the leading unit responsible for drafting must study and adopt the appraisal opinions to revise and perfect the draft document to be submitted to the Minister.

3. In case there are differing opinions between the leading unit responsible for drafting and the appraisal opinions, the leading unit responsible for drafting must provide a detailed explanation regarding the adoption or non-adoption of the appraisal opinions in the report to the Minister.

Article 40. Documents submitted to the Minister

Documents submitted to the Minister include:

1. Report to the Minister on the draft document after adopting the appraisal opinions.

2. Draft document revised after receiving the appraisal opinions.

3. Summary of opinions from agencies, units, organizations, and individuals on the draft document; content appraisal document for drafts concerning procedures, regulations, economic-technical standards, and various types of lists as prescribed.

4. Content appraisal document of the Legal Department or the Appraisal Council.

5. Report explaining the adoption of the appraisal opinions.

6. Other related documents (if any).

Article 41. Responsibility for submitting and promulgating the document

1. The leading unit responsible for drafting bears the responsibility for preparing the documents to be submitted to the Minister for signing and promulgating the document.

2. The Ministry Office is responsible for receiving, checking the documents, reviewing the format, style, and presentation technique.

3. If the documents are incomplete or the draft document has errors in format, style, or presentation technique that need to be corrected before submission to the Minister, the Ministry Office will return the documents to the leading unit responsible for drafting and request completion.

Article 42. Drafting and promulgating joint regulatory documents

1. The Ministry of Agriculture and Rural Development and the agencies involved in jointly issuing regulatory documents agree to designate one agency to take the lead in drafting the document and assign a unit within the agency to coordinate with the other agencies in drafting the document.

2. In cases where the Ministry of Agriculture and Rural Development takes the lead, the drafting and promulgation of the document shall be carried out as follows:

a) The unit within the Ministry of Agriculture and Rural Development assigned as the leading unit is responsible for coordinating with the lead unit at the agencies involved in jointly issuing regulatory documents to draft the decision to establish the drafting team. The head of the drafting team is the representative of the leadership of the unit within the Ministry of Agriculture and Rural Development assigned as the leading unit; members of the drafting team are authorized representatives of the agencies involved in jointly issuing regulatory documents and related units within the Ministry of Agriculture and Rural Development;

b) The Minister of the Ministry of Agriculture and Rural Development decides to establish the drafting team;

c) Responsibilities of the head of the drafting team and members of the drafting team are stipulated in Clause 3 and Clause 4 of Article 28 of this Circular;

d) The Legal Department leads and coordinates with the legal organization of the agency jointly issuing the document to appraise the draft joint circular;

đ) The unit within the Ministry of Agriculture and Rural Development assigned as the leading unit is responsible for studying, adopting the appraisal opinions to perfect the draft and the documents before submitting to the Minister and the head of the agency jointly signing for promulgation.

3. In cases where the Ministry of Agriculture and Rural Development is assigned to coordinate in drafting, it shall be carried out as follows:

a) If the content of the document relates to the field managed by a particular unit, that unit is responsible for coordinating with the leading agency in the drafting process;

b) The Legal Department coordinates with the legal organization of the leading agency in appraising the draft joint circular;

c) The unit designated by the Ministry to coordinate in drafting the joint circular is responsible for studying, adopting the appraisal opinions to perfect the draft and the documents before submitting to the Minister and the head of the leading agency jointly signing for promulgation.

4. The agency or unit responsible for leading the drafting of the document as stipulated in Clause 1 of this Article is responsible for issuing the joint document.

Article 43. Correcting the document

1. After a regulatory document is issued and published in the Official Gazette, if errors are discovered, they must be corrected.

a) If the error is the responsibility of the Ministry, the unit within the Ministry responsible for drafting must prepare the correction document to be submitted to the Ministry's leadership for signature and sent to relevant agencies and the Official Gazette regarding the correction of the erroneous document.

The correction must be expressed through a Decision of the Minister. The beginning of the Correction Decision must state the following: "Correction Decision for Document number... dated... month... year... issued by the Ministry of Agriculture and Rural Development";

b) If the error is due to the responsibility of the Official Gazette, the Office of the Ministry shall be responsible for preparing a letter to request the Minister's signature to propose the Office of the Government issue a correction document.

2. The correction of normative legal documents must be based on comparison with the original document and shall not change the content of the provisions in the original document. Corrections shall only be made for typographical errors or errors in the format and technical presentation of normative legal documents. Corrections shall not apply to errors regarding the basis for issuance, authority, or content of normative legal documents.

In cases where normative legal documents contain errors in authority or content, such documents will be suspended from implementation and handled promptly in accordance with the provisions of the law.

Chapter IV

IMPLEMENTATION

Article 44. Awards and disciplinary actions

1. Agencies, organizations, and individuals who have achievements in drafting and issuing normative legal documents shall be rewarded according to the provisions of the law.

2. The progress, quantity, and quality of the draft normative legal documents issued are among the criteria for evaluating and reviewing officials, civil servants, and employees annually and for rewarding and disciplining positions of officials, civil servants, and employees within agencies and units.

3. Annually, the Legal Department shall take the lead, coordinate with the Office of the Ministry, and the Cadre Organization Department to propose units, organizations, officials, civil servants, and employees who have achievements in drafting and issuing normative legal documents.

Article 45. Budget for the work of drafting, examining, and issuing normative legal documents

1. The budget for the work of drafting, examining, and issuing normative legal documents is provided by the Ministry's budget and mobilized from other sources (aid, sponsorship from domestic and foreign organizations and individuals).

Annually, the Ministry (Financial Department) allocates a separate budget to ensure the work of drafting and issuing normative legal documents. For projects and draft normative legal documents that are drafted urgently at the request of the Government, Prime Minister, and Minister, the Financial Department shall promptly propose and supplement the budget for the main drafting unit.

2. Annually, the Science, Technology, and Environment Department, and the Planning Department shall take the lead, coordinate with the Legal Department and the Financial Department to allocate funds from the scientific research and basic survey budget to serve the work of researching, surveying, and investigating to propose and draft normative legal documents to ensure their scientific and practical nature in drafting, issuing, and implementing normative legal documents.

Annually, the Legal Department shall coordinate with the International Cooperation Department to prepare a list of documents requiring support and seek funding sources for drafting normative legal documents.

3. The budget for the work of drafting, examining, and issuing normative legal documents shall be allocated for the following purposes:

a) Research proposals for drafting documents;

b) Drafting the program for drafting documents;

c) Investigation, research, and surveys during the drafting process;

d) Drafting documents;

đ) Impact assessment of documents;

e) Organizing opinions on project and draft documents;

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

h) Reviewing and serving the drafting of documents;

i) Translating documents into foreign languages and ethnic minority languages.

4. The Legal Department shall take the lead, compile, and plan the annual budget for the work of drafting and issuing normative legal documents, coordinating with the Financial Department to submit to the Minister for decision.

5. Utilization of budget sources

a) The budget for drafting and issuing normative legal documents shall be implemented in accordance with current legal regulations;

b) The use and management of other sources of funding such as aid and sponsorship from domestic and foreign organizations and individuals shall be carried out in accordance with legal regulations on the use and management of aid and sponsorship funds and in accordance with the regulations of the sponsor.

Article 46. Implementation

1. The Head of the Legal Department shall monitor and inspect the implementation of this Circular.

2. Heads of units under the Ministry shall be responsible for organizing the implementation of this Circular within their units.

3. Units, officials, civil servants, and employees under the Ministry, upon discovering normative legal documents in the field of agriculture and rural development containing content contrary to the law, contradictions, overlaps, or no longer suitable for economic and social development and management requirements, shall promptly report to the Ministry's Leadership, the Head of the Legal Department, and the Head of the unit that was the main drafter of the document.

4. During the implementation process, if there are difficulties or obstacles, units, officials, and civil servants shall promptly report to the Legal Department for consolidation and submission to the Minister for consideration and decision.

Article 47. Effectiveness

This Circular shall take effect forty-five days from the date of signing and replace relevant contents related to drafting, examining, and issuing normative legal documents in Decision No. 90/2007/QĐ-BNN dated November 9, 2007, promulgating the Regulation on Drafting, Issuing, Checking, Handling, and Reviewing and Systematizing Normative Legal Documents of the Ministry of Agriculture and Rural Development./.