Decision No. 280/1999/QD-BTP On the Issuance of the Regulation on the Examination of Projects and Draft Legal Normative Documents

Pursuant to …;

Regarding the issuance of the Regulation on the examination of projects and draft regulatory legal documents,

draft regulatory legal document

_____________________

 

THE MINISTER OF JUSTICE

Pursuant to Article 16 of the Law on Issuing Regulatory Legal Documents;

Pursuant to Decree No. 101/CP dated September 23, 1997 of the Government detailing the implementation of certain provisions of the Law on Issuing Regulatory Legal Documents;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on the proposal of the Director of the Department of Criminal and Administrative Law.

DECISION:

Article 1. This Decision promulgates the Regulation on the examination of projects and draft regulatory legal documents.

Article 2. This Decision takes effect fifteen days after the date of signature.

Article 3. The leaders of the Ministry, the heads of units under the Ministry within their respective functions, duties, and authorities shall be responsible for implementing this Decision.

 

REGULATIONS

Examination of projects and draft regulatory legal documents

(Issued together with Decision No. 280/1999/QĐ-BTP

dated September 27, 1999 of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Examination of projects and draft regulatory legal documents

The examination of projects and draft regulatory legal documents (hereinafter referred to collectively as projects and drafts) is an activity involving research, review, and evaluation of the form and content of projects and drafts to ensure their constitutionality, legality, consistency, and synchronization within the current legal system, while providing opinions on their feasibility.

The examination of projects and drafts must ensure quality and comply with the procedures, formalities, and deadlines stipulated in Decree No. 101/CP dated September 23, 1997 of the Government detailing the implementation of certain provisions of the Law on Issuing Regulatory Legal Documents and the provisions of this Regulation.

Article 2. Scope of Application of the Regulation

1. This Regulation specifically provides for the procedures and formalities for examining the following projects and drafts:

a) Draft laws and ordinances submitted to the National Assembly or the Standing Committee of the National Assembly by the Government;

b) Draft laws and ordinances submitted to the National Assembly or the Standing Committee of the National Assembly by other agencies, organizations, or National Assembly deputies, for which the Government has the responsibility to provide written comments;

c) Draft resolutions and decrees submitted to the Government.

2. This Regulation also provides for the procedures and formalities for participating in the provision of comments on draft decisions and directives of the Prime Minister.

Article 3. Supervision of Examination Work

1. The Minister is responsible for overall supervision and organization of the examination of projects and drafts, ensuring their quality and compliance with the deadlines set forth in the Law on Issuing Regulatory Legal Documents, Decree No. 101/CP dated September 23, 1997 of the Government, and the provisions of this Regulation.

2. The Deputy Ministers assist the Minister in directly supervising examination work in areas assigned by the Minister. In cases where projects and drafts involve complex issues related to mechanisms and policies not yet regulated by law and other important issues requiring the viewpoint of the Ministry or sector during the examination process, the Deputy Minister must report and seek guidance from the Minister.

3. The Acting Deputy Minister is responsible for overall supervision of examination work when the Minister is absent; he resolves matters related to examination work assigned to another Deputy Minister who is absent.

Article 4. Principles of Assignment for Examination

1. The Minister and Deputy Ministers (hereinafter referred to as the Ministry Leaders) assign one or more units to examine projects and drafts. Where multiple units are assigned to examine, one unit is designated as the lead examiner, with other units supporting the examination. Units assigned to support the examination have the responsibility to participate with the lead examiner.

2. In necessary cases, the Ministry Leaders decide to establish an Examination Board to examine projects and drafts.

Article 5. Content of Review

The content of reviewing projects and draft documents includes:

1. The necessity for promulgating the document;

2. The objects and scope regulated;

3. Consistency with the Party's guidelines and policies;

4. Constitutionality, legality, consistency, and synchronization of the project or draft within the current legal system and the feasibility of the document;

5. Compliance with international treaties to which the Socialist Republic of Vietnam is a signatory or participant;

6. Drafting techniques and legal language of the project or draft;

Review Organization of the Legal Department

Article 6. Ensuring Review Work

During the review process of projects and drafts, the head of the unit assigned to lead the review has the responsibility to promptly report to the Ministry’s leadership on issues requiring guidance.

Heads of units under the Ministry within their functions, tasks, and authorities have the responsibility to arrange staff and ensure conditions regarding funds, means, information, and other necessary materials for the review.

Review expenses are managed and used in accordance with current laws.

Chapter II

PROCEDURES AND PROCEDURAL REQUIREMENTS FOR REVIEWING PROJECTS AND DRAFT DOCUMENTS

Section 1

RECEIVING FILES AND ASSIGNING REVIEW

, Clause 1, Clause 2 Article 7a of this Regulation.. 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. Files of projects and drafts prepared by Ministries, agencies at the level of ministries, and government agencies responsible for drafting for review (hereinafter referred to as review files) include:

a) Letter requesting review;

b) A proposal from the Government on the project or draft signed and stamped by the Minister, the head of an agency at the level of a ministry, or the head of a government agency;

c) The final version of the project or draft decided by the drafting agency to submit to the Government for consideration;

d) A compilation of opinions from Ministries and sectors on the project or draft;

đ) A detailed presentation about the project or draft and the draft guiding document (if any).

The number of documents mentioned in points b, c, d, and đ of this Clause is ten copies.

2. Review files for laws and ordinances drafted by other agencies, organizations, or National Assembly deputies and sent for review by the Government Office include:

a) Letter requesting review;

b) A proposal on the law or ordinance project;

c) The law or ordinance project;

d) Related documents (if any).

Article 8. Receiving review files

1. The Ministry’s Office is responsible for receiving and checking the validity of the review files.

2. The Director of the Ministry’s Office, acting on behalf of the Minister, signs a letter requesting the reviewing authority to supplement the files if the review files lack any of the documents specified in Article 7 of this Regulation.

3. Within the latest four working hours from the time of receiving the files, the Ministry’s Office is responsible for recording in the "File Tracking Register" and submitting the files along with the Review Directive Form No. 1 issued together with this Regulation to the Ministry’s leadership.

Article 9. Assigning Review

The Ministry’s leadership assigns units to review projects and drafts according to the principle that the unit managing or responsible for a field shall lead the review of projects and drafts related to that field. In cases where projects and drafts involve multiple fields, the Ministry’s leadership assigns one unit to lead and other relevant units to cooperate in the review.

The assignment of review must be completed within the latest eight working hours from when the Ministry’s leadership receives the review files.

Article 10. Transfer of Review Files and Recommendations on Assignment of Review

1. Within the latest two working hours from when the Ministry’s leadership assigns the review, the Secretary of the Minister or the specialist assisting the Deputy Minister must transfer the files and the Review Directive Form to the Ministry’s Office.

2. Within the latest two working hours from when the Ministry’s Office receives the files and the Review Directive Form, it is responsible for recording in the tracking register and sending the files along with the Review Directive Form to the units assigned to review. When receiving the files, representatives of the assigned units sign the tracking register of the Ministry’s Office.

3. If the head of the unit assigned to lead the review finds the assignment of review unsuitable or requires cooperation in the review, they should raise their opinion to adjust the assignment of review.

In case of necessity, the head of the unit assigned to lead the review may report and seek guidance from the Ministry’s leadership on inviting lawyers, scientists, and experts familiar with the specialized issues within the content of the project or draft to participate in the review.

Section 2

ORGANIZING RESEARCH AND REVIEW AT MINISTRY UNITS

Article 11. Organizing research and participating in drafting projects and drafts to serve the review

1. Units under the Ministry with functions of researching and building laws must organize research groups within the unit according to specialties or fields of law under their management and supervision; each group must be directly led by a unit leader with a reasonable number of specialists to ensure that in research, drafting, providing opinions, and reviewing projects and drafts, there is collective exchange, discussion, and mutual support within the group.

2. For each project or draft assigned by the Ministry’s leadership to participate with the main drafting agency, the head of the unit must assign a member of the unit’s leadership to directly oversee and a team of at least two specialists to immediately coordinate with the main drafting agency from the beginning.

The head of the unit is responsible before the Ministry’s leadership for all projects and drafts assigned to their unit for research and preparation.

Article 12. Research activities and participation in drafting projects and draft documents

1. The leaders assigned to directly oversee and the specialists assigned to research and participate in drafting projects and draft documents shall be responsible for proactively developing their own research plans, collecting relevant materials and legal documents, organizing the research process, maintaining regular contact with the main drafting agency and other related agencies to understand the drafting program, progress, and other related matters.

2. The head of the unit shall be responsible for understanding the situation and progress of research and participation in drafting, promptly providing guidance on issues encountered during the research and drafting process, and reporting to the Ministry's leadership on the results of project and draft development every three months.

Article 13. Preparation for meetings and reporting on meeting outcomes regarding participation in opinions on projects and draft documents

1. When invited to attend meetings to provide opinions on the development of projects and draft documents with the main drafting agency, the unit leader and the assigned specialist team must study the projects and drafts, and if necessary, seek guidance from the Ministry's leadership before attending the meeting. The representative of the unit leader at the meeting may speak on behalf of the Ministry of Justice and must report the meeting results to the Minister or Deputy Minister in charge.

2. In cases where the unit leader assigns a specialist to attend the meeting, the specialist must study, prepare opinions, and seek guidance from the unit leader before attending the meeting and may speak on behalf of the Ministry of Justice; in case of sudden meetings, if the assigned specialist cannot seek guidance from the unit leader in time, they can only speak on behalf of themselves.

After each meeting, the specialist who attended the meeting has the responsibility to report to the unit leader about the content of the meeting and the opinions expressed during the meeting. If necessary, the unit head must seek guidance from the Ministry's leadership on major issues in the projects and drafts that have differing opinions.

Article 14. Organization of project and draft review

1. After receiving the review file transferred by the Ministry Office, the unit head assigned to lead the review shall assign a member of the unit leadership and a research team to prepare for the review, including a specialist who has directly participated in drafting the project or draft as the Reporter.

2. For projects and drafts containing unclear contents or having differing opinions, the unit head assigned to lead the review shall proactively contact the main drafting agency to request presentations on the projects and drafts or provide additional information and related materials; if necessary, the unit head assigned to lead the review may propose the Ministry's leadership to organize a joint meeting with representatives from the main drafting agency and other related agencies to discuss and exchange opinions on major issues with differing opinions before preparing the review report.

3. The unit head assigned to coordinate the review shall organize the research on the projects and drafts within the unit and submit written opinions to the leading review unit within the latest five days from the receipt of the review file; for laws and ordinances specified in point b, Clause 1, Article 2 of this Regulation, the submission deadline is three days from the receipt of the review file.

Article 15. Review Meeting

1. The unit leader assigned to lead the review organizes the review meeting with the participation of the specialists assigned to prepare for the review. Depending on the nature of the projects and drafts under review, the unit leader may convene other researchers or all members of the unit to participate in the review meeting.

In cases where multiple units are assigned to review or legal experts, scientists, and specialists participate in the review, the leading review unit may invite representatives of the coordinating review units, legal experts, scientists, and specialists to join the meeting.

2. The review meeting is conducted in the following sequence:

a) The unit leader leading the review announces the purpose of the meeting;

b) The Reporter provides relevant information about the projects and drafts and expresses their opinions on the issues within the scope of the review;

c) Participants discuss and express opinions, focusing on the issues stipulated in Article 5 of this Regulation;

d) The unit leader leading the review concludes the meeting.

The Reporter is responsible for recording the minutes of the review meeting. The minutes must include all opinions expressed during the meeting and be signed by the unit leader leading the review. If the coordinating review unit has opinions different from those of the leading review unit, such opinions must also be clearly recorded in the minutes.

Article 16. Preparation and Submission of Draft Appraisal Report

1. Based on the minutes of the appraisal meeting, the Reporter shall be responsible for preparing the draft appraisal report according to Model No. 2 issued together with this Regulation.

During the process of preparing the draft appraisal report, if there are any issues encountered, the head of the leading appraisal unit must promptly report and seek guidance from the Ministry's leadership.

Within the latest period of 10 days from the date of receiving the appraisal file, the leading appraisal unit shall be responsible for completing the draft appraisal report; for legislative projects and ordinances specified in Point b Clause 1 Article 2 of this Regulation, the deadline for the leading appraisal unit to complete the draft appraisal report is at most 6 days from the date of receiving the appraisal file.

2. When submitting the draft appraisal report, the head of the unit assigned to lead the appraisal must sign off on the draft appraisal report and report to the Ministry's leadership on the opinions of the units involved in the appraisal that were not accepted.

Section 3

ORGANIZATION OF THE APPOINTMENT OF THE APPRAISAL BOARD

THE APPOINTMENT OF THE APRAISAL BOARD

Article 17. Composition of the Appraisal Board

The composition of the Appraisal Board is determined in the Decision establishing the Board, including the Chairman of the Board, members of the Board, and the Reporter, who is a Division-level officer of the unit assigned to lead or participate in drafting the project or draft. For projects and drafts primarily drafted by the Ministry of Justice, the composition of the Appraisal Board must include representatives of the Government Office and relevant Ministries and sectors.

The Ministry's Office is responsible for sending copies of the decision establishing the Appraisal Board and the appraisal file to each member of the Board.

Article 18. Meeting of the Appraisal Board

1. The meeting of the Appraisal Board for the project or draft is convened and chaired by the Chairman of the Appraisal Board. Representatives of the drafting agency are invited to attend the Appraisal Board meeting.

2. The review meeting is conducted in the following sequence:

a) The Chairman of the Appraisal Board announces the purpose of the meeting;

b) The Reporter provides relevant information about the project or draft and raises issues with differing opinions;

c) Members of the Board discuss, focusing on the issues stipulated in Article 5 of this Regulation;

d) The Board votes on each type of issue listed in the appraisal report model.

The Reporter is responsible for recording the minutes of the Appraisal Board meeting. The minutes must fully record all statements made during the meeting and be signed by the Chairman of the Appraisal Board. Opinions supported by more than half of the total number of Board members present are considered the opinion of the Board; issues not agreed upon by the Board must also be clearly recorded in the meeting minutes.

Article 19. Preparation and Submission of the Draft Appraisal Report of the Appraisal Board

Based on the minutes of the Appraisal Board meeting, the Reporter shall be responsible for preparing the draft appraisal report according to Model No. 2 issued together with this Regulation to submit to the Ministry's leadership for consideration and decision.

The file submitted to the Ministry's leadership for consideration and decision must include the minutes of the Appraisal Board meeting.

Section 4

SIGNING, SUBMITTING THE APPRAISAL REPORT AND STORING THE APPRAISAL FILE

Article 20. Review and Sign the Draft Report on Examination

1. The Ministry's leadership reviews the draft report on examination as stipulated in Article 16 of this Regulation and provides guidance opinions on issues that need to be revised. In necessary cases, the Ministry's leadership will directly work with the leaders and specialists of the unit assigned for examination.

The report on examination shall be signed by the Ministry's leadership within the latest three days from when the main unit conducting the examination submits it; for draft laws and ordinances as specified in point b, clause 1, Article 2 of this Regulation, the deadline for the Ministry's leadership to sign the report on examination is the latest two days from when the main unit conducting the examination submits it.

2. The Ministry's leadership reviews the draft report on examination of the Examination Council as stipulated in Article 19 of this Regulation and provides guidance opinions on issues that need to be revised.

The report on examination of the Examination Council shall be signed by the Ministry's leadership within the latest five days before the Government convenes its meeting.

Article 21. Sending the Report on Examination

The main unit conducting the examination and the Reporter of the Examination Council are responsible for transferring the original report on examination to the Ministry of Justice's Office for duplication and sending it to the Government's Office and the main drafting agency according to the deadlines set forth in Article 26 of Decree No. 101/CP dated September 23, 1997 of the Government.

The report on examination must be sent to the Ministry's leadership for monitoring, kept at the main unit conducting the examination, the Ministry's Office, and recorded in the Examination File Tracking Book of the Ministry's Office.

Article 22. Retaining Examination Files

1. Examination files, minutes of examination meetings, reports on examination, and other related documents shall be retained at the main unit conducting the examination.

2. The head of the main unit conducting the examination is responsible for organizing the retention and preservation of the files and documents mentioned in Clause 1 of this Article at their own unit, ensuring convenience for research and file retrieval when necessary.

Chapter III

PROCEDURE AND PROCEDURES FOR PARTICIPATING IN OPINIONS ON DRAFTS

DECISIONS, DIRECTIVES OF THE PRIME MINISTER

Article 23. Receiving Draft Documents for Decision and Directive

1. The Ministry's Office receives and checks the validity of the draft documents for decision and directive (hereinafter referred to collectively as the draft) submitted for opinion. The documents include:

a) A letter requesting participation in the opinion;

b) A report by the Minister or the head of an equivalent ministry or government agency on the draft already signed and stamped by the Prime Minister;

c) The draft decision presented by the drafting agency to the Prime Minister for consideration;

d) A summary of opinions from ministries and sectors on the draft.

The number of documents specified in points b, c, and d of this clause is five copies.

2. The Director of the Ministry's Office, acting on behalf of the Minister, signs a letter requesting the main drafting agency to supplement the documents if the draft document lacks any of the documents prescribed in Clause 1 of this Article.

3. Valid documents are recorded in the tracking book of the Ministry's Office and submitted to the Ministry's leadership together with the Opinion Participation Instruction Form according to Model No. 1 issued along with this Regulation within the latest four working hours from receiving the documents.

Article 24. Assignment for Opinion Participation and Transfer of Documents

The procedures and deadlines for assigning opinion participation and transferring documents for opinion participation are carried out in accordance with Articles 9 and 10 of this Regulation.

Article 25. Organizing comments

1. The head of the unit assigned to chair the comment session shall be responsible for organizing the study and participation in opinions on the necessity, subject, scope of regulation of the document, its constitutionality, legality, consistency, and synchronization within the legal system, and at the same time provide opinions on the feasibility of the document.

2. The organization of research and participation in opinions shall be carried out in accordance with Articles 11, 12, 13, 14, and 15 of this Regulation.

3. Within the latest two days from receiving the file, the unit assigned to cooperate in providing opinions shall send written opinions to the chairing unit.

4. In case of necessity, the head of the chairing unit may organize a meeting with representatives of units assigned to cooperate in providing opinions on the draft to discuss issues within the content and scope of the opinions.

Article 26. Preparing the letter of comments

The chairing unit participating in providing opinions shall be responsible for preparing the letter of comments on the draft according to Model No. 3 issued together with this Regulation and submitting it to the Ministry's Leadership for review within the latest four days from receiving the draft file.

The chairing unit participating in providing opinions shall revise the letter of comments according to the instructions of the Ministry's Leadership and resubmit it for signature within the latest one day from receiving the Leadership's instructions.

Article 27. Sending the letter of comments and retaining the file of opinions

1. After the Ministry's Leadership signs the letter of comments on the draft, the chairing unit participating in providing opinions shall transfer the letter to the Ministry's Office for duplication and sending to the drafting authority and the Government's Office.

The letter of comments must be sent to the Ministry's Leadership for monitoring, retained at the chairing unit participating in providing opinions, the Ministry's Office, and recorded in the Ministry's Office's Monitoring Book.

2. The file of opinions shall be retained at the chairing unit participating in providing opinions in accordance with Article 22 of this Regulation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Ensuring information, materials, and physical conditions serving the examination

1. The heads of units under the Ministry, within their functions and tasks, shall be responsible for providing information and materials related to the project or draft requiring examination upon request of the unit assigned to chair the examination.

2. In addition to the responsibility stipulated in Clause 1 of this Article, the Director of the Institute of Legal Science Research of the Ministry of Justice shall also be responsible for meeting the needs of units assigned to examine projects and drafts in exploiting and using legal documents, databases of Vietnamese and foreign laws directly serving the examination work.

3. The Minister's Chief of Staff shall be responsible for:

a) Organizing the receipt and inspection of project and draft files submitted for examination; directing the duplication of files, letters, and materials according to the requirements of the unit assigned to chair the examination; organizing the dispatch, storage, and preservation of examination letters and files;

b) Ensuring funding and meeting the requirements for material infrastructure to serve the review process, arranging meeting rooms, printing Review Directive Forms, providing office supplies, and other necessary means for the review work in accordance with the provisions of the law and in line with the actual conditions of the Ministry of Justice.

Article 29. Awards and Handling of Violations

1. Officials and civil servants who achieve merits in appraisal work shall be commended by the Minister of Justice in accordance with the provisions of the law.

2. Officials and civil servants who violate the provisions of this Regulation shall be subject to disciplinary action according to the nature and severity of the violation as stipulated by the law./.