Circular No. 30/2013/TT-NHNN on the procedures and formalities for drafting and promulgating regulatory legal documents of the State Bank of Vietnam

CIRCULAR

Article 24Article ||| prescribes the procedures and formalities for drafting and promulgating regulatory legal documents.

of the State Bank of Vietnam

__________________________

Pursuant to the Law on the State Bank of Vietnam No.No. Pursuant to Law No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Enactment of Legal Regulatory Documents No. 17/2008/QH12 dated June 3, 2008;

On the basis of the Ordinance on Consolidation of Regulatory Legal Documents No. 01/2012/UBTVQH13 dated March 22, 2012;No. On the basis of the Government Decree No. 96/2008/NĐ-CP dated August 26, 2008 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

On the basis of the Government Decree No. 24/2009/NĐ-CP dated March 5, 2009 detailing and providing implementation measures for the Law on Issuance of Regulatory Legal Documents (hereinafter referred to as Decree No. 24/2009/NĐ-CP);

On the basis of the Government Decree No. 63/2010/NĐ-CP dated June 8, 2010 on administrative procedure control and the Government Decree No. 48/2013/NĐ-CP dated May 14, 2013 amending and supplementing certain articles of related decrees concerning administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP);"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Governor of the State Bank of Vietnam issues this Circular prescribing the procedures and formalities for drafting and promulgating regulatory legal documents of the State Bank of Vietnam.No. This Circular stipulates the procedures and formalities for drafting, promulgating, and consolidating regulatory legal documents within the monetary, banking, and foreign exchange sectors issued by the Governor of the State Bank of Vietnam (hereinafter referred to as the Governor).

Regulatory legal documents prescribed in this Circular include:"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Regulatory legal documents drafted and submitted to competent authorities for promulgation by the State Bank of Vietnam (hereinafter referred to as the State Bank) include: 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; joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations.No. Regulatory legal documents within the promulgation authority of the Governor include: circulars, joint circulars."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Circular applies to units under the State Bank involved in the drafting and promulgation of regulatory legal documents concerning money, banking activities, and foreign exchange.No. Article 3. Distinction between Regulatory Legal Documents and Administrative Documents

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

, the Director of the Cadre and Civil Servant Organization Department, the Director of the Plant Protection Agency, the Director of the Crop Production Agency, the Director of the Quality, Processing, and Market Development Agency;;

For documents within the promulgation authority of the Government and the Prime Minister:,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. When units under the State Bank are assigned to draft (referred to as the main drafting unit) documents within the promulgation authority of the Government and the Prime Minister, they shall choose the appropriate form of document based on the provisions of Clause 1 and 2, Article 61 of Decree No. 24/2009/NĐ-CP. trFor documents within the promulgation authority of the Governor:

2. This Circular is issued to prescribe the following matters:

a) Detailed implementation of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; orders, decisions of the President; decrees of the Government; decisions of the Prime Minister;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Regulations, technical standards, economic-technical norms of the banking sector;

b) Measures to implement the State management functions of the State Bank and other matters assigned by the Government.

Article 2. Applicability

Joint circulars between the Governor and Ministers, heads of ministerial-level agencies are issued to guide the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government, decisions of the Prime Minister related to the functions, tasks, and powers of the State Bank and those ministries, ministerial-level agencies.

The Governor issues administrative documents in the form of decisions and directives for matters such as approving programs and projects; approving charters of associations and non-governmental organizations; internal operational regulations of the State Bank and its units; launching competitive campaigns; administrative guidance and supervision; urging and inspecting the enforcement of laws and regulatory legal documents and similar matters.

1. For documents within the promulgation authority of the Government and the Prime Minister:

Units under the State Bank, when assigned to lead the drafting (referred to as the leading drafting unit) of documents within the promulgation authority of the Government and the Prime Minister, shall base on the provisions of Clause 1 and 2 of Article 61 of Decree No. 24/2009/NĐ-CP to select appropriate forms for such documents.

2. For documents within the promulgation authority of the Governor:

a) Circulars are issued to specify the following matters:

Detailed implementation of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees of the President; decrees of the Government; decisions of the Prime Minister;

- Regulations tron technical standards, economic-technical norms of the banking industry;

- Measures to implement the State management functions of the State Bank and other issues entrusted by the Government.

b) Joint circulars between the Governor and Ministers, heads of ministerial-level agencies are issued to guide the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decrees of the Government, decisions of the Prime Minister related to the functions, tasks, and powers of the State Bank and those ministries, ministerial-level agencies.

c) The Governor issues administrative documents in the form of decisions or directives for issues concerning approval of programs, projects; approval of charters of associations, non-governmental organizations; internal regulations of the State Bank and its units; launching campaigns; administrative guidance; urging and inspecting the enforcement of laws, regulatory documents, and similar issues.无效concerning the internal regulations of the State Bank of Vietnam, units under the State Bank; launching competitive movements; directing and administrating; urging and inspecting the implementation of laws, regulatory legal documents, and similar issues.

Article 4. Leadership and Direction of Work on Drafting and Issuing Regulatory Legal Documents

1. The Governor is responsible for overall leadership and direction in drafting, reviewing, and participating in opinions on draft regulatory legal documents to ensure quality and deadlines as prescribed.

2. The Deputy Governor directly oversees units under their jurisdiction in drafting and issuing regulatory legal documents according to the Governor's assignment. trFor draft regulatory legal documents with complex content related to multiple fields or other important issues, the Deputy Governor reports to the Governor for guidance.

For draft regulatory legal documents with complex contents involving multiple fields or important issues, the Deputy Governor responsible shall report to the Governor for instructions.

Article 5. Assignment of Units to Lead in Drafting Regulatory Legal Documents

1. The Legal Department is the leading unit, coordinating with other units under the State Bank to assist the Governor in organizing and drafting laws and ordinances led by the State Bank.

2. Based on the functions and tasks of the units, the scope of regulation, and the complexity of the document, the Governor assigns units to lead in drafting government decrees, prime minister decisions, circulars of the State Bank, and other regulatory legal documents. trin drafting circulars and other regulatory legal documents of the State Bank of Vietnam.

Article 6. Drafting Detailed Regulations

To ensure that detailed regulations take effect simultaneously with the primary legal document they interpret, in principle, the drafting of detailed regulations should be carried out concurrently with the drafting of the primary legal document.

Chapter II

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

Article 7. Preparation for proposing the establishment of regulatory legal documents

Article 7. Preparation for Proposing to Develop Regulatory Legal Documents

1. To serve as a basis for proposing to develop regulatory legal documents, units shall carry out the following activities:

2. Reviewing Party policies and state laws relevant to the intended drafting content to clarify the necessity, legal basis, and consistency with Party policies and state laws.

3. Conducting research, surveys, seminars, discussions, statistical evaluations of current situations, international experiences, and preliminary impact assessments (if necessary).

Article 8. Proposing to draft laws and ordinances

The Legal Department leads and coordinates with relevant units to implement:ì, coordinate with relevant units to implement:

1. Preparing annual or mid-term legislative proposals for laws and ordinances according to Clause 1, Article 3, Article 4, and Article 5 of Decree No. 24/2009/NĐ-CP.

2. In cases where necessary, submitting to the Governor for organizing meetings with units under the State Bank and related ministries and sectors to provide opinions on legislative proposals for laws and ordinances.

3. Submitting to the Governor for signing and sending legislative proposal files to the Ministry of Finance and the Ministry of Home Affairs to seek opinions according to Clause 3, Article 3 of Decree No. 24/2009/NĐ-CP.June 2024;Submitting to the Governor for sending annual or mid-term legislative proposal files for laws and ordinances to the Ministry of Justice according to Article 4 of Decree No. 24/2009/NĐ-CP.

4. Submit to the Governor the file proposing the annual or entire term laws, ordinances of the National Assembly to be sent to the Ministry of Justice according to Article 4 of Decree No. 24/2009/NĐ-CP.

Article 9. Proposing to Develop Government Decrees

1. Responsibilities of units under the State Bank:

a) Based on Clause 2, Article 14 of Decree No. 24/2009/NĐ-CP and their own functions and tasks, units propose to develop government decrees to the Governor or Deputy Governor for comments.

b) Preparing proposals to develop government decrees according to Clause 4, Article 14 of Decree No. 24/2009/NĐ-CP.

c) Building proposal files to develop government decrees according to Clause 1, Article 15 of Decree No. 24/2009/NĐ-CP.

d) Submitting to the Governor for signing and sending proposal files to develop government decrees to the Ministry of Finance and the Ministry of Home Affairs to seek opinions according to Clause 6, Article 14 of Decree No. 24/2009/NĐ-CP.councillORSDecision No. 24/2009/NĐ-CP;

d) Sending proposal files to develop government decrees for the next year to the Legal Department no later than July 1st each year.policies no later than July 1st each year.

2. Responsibilities of the Legal Department:

a) Implementing tasks stipulated in Clause 5, Article 14 of Decree No. 24/2009/NĐ-CP.

b) Examining and summarizing proposals to develop government decrees from units under the State Bank to submit to the Office of the Government and the Ministry of Justice no later than August 1st each year.nationalPropose the draft decree of units under the State Bank to the Governor to be sent to the Office of the Government and the Ministry of Justice no later than August 1st each year.

Article 10. Program for Drafting Circulars

1. By no later than October 1st each year, the Legal Department shall issue a document requesting units under the State Bank to propose the drafting of circulars expected to be issued in the following year.

2. Units shall base on their functions and tasks to prepare proposals for drafting circulars of the following year to submit to the Governor or Deputy Governor responsible for comments and send to the Legal Department by no later than November 1st each year.

The content of the proposal for drafting circulars must clearly state: name of the circular, necessity for issuance, basis for issuance, applicable subjects, scope of regulation, basic contents, main unit drafting, time expected for issuance, and plan for drafting each document.

The plan for drafting documents must foresee at least the following key points: drafting the draft circular; soliciting opinions on the draft circular; sending the draft circular to the Legal Department for review; submitting the draft circular to the Governor for signing and issuing.

3. The Legal Department shall examine and consolidatenationale proposals for drafting circulars from units. In cases where clarification of the proposed drafting of circulars is necessary, the Legal Department shall exchange views or issue a document requesting units to provide explanations or organize meetings to discuss the proposals for drafting circulars from units.

4. By no later than December 1st each year, the Legal Department shall draft the program for drafting circulars to submit to the Governor for signing and issuing.

In cases where there is disagreement with the units submitting proposals for drafting circulars regarding the necessity for issuance, the name or feasibility of the progress in drafting documents, the Legal Depolicies partment shall not include or adjust in the draft program for drafting circulars and report to the Governor for consideration and decision.

In cases where it is deemed necessary topoliciesiss circulars to meet management requirements or to align with higher-level legal documents, the Legal Department shall proactively propose inclusion in the program for drafting circulars to submit to the Governor for consideration and decision.

5. After being signed and issued by the Governor, the program for drafting circulars shall be published on the electronic information website of the State Bank.

Article 11. Proposals to Adjust Programs for Drafting Laws, Ordinances, Decrees; Adjusting Programs for Drafting Circulars

1. Proposals to adjust programs for drafting laws, ordinances, decrees:

a) Proposals to adjust programs for drafting laws, ordinances, decrcouncillORSes shall be implemented according to the cases stipulated in Clause 1, Article 12 of Decree No. 24/2009/NĐ-CP;

b) The Legal Department shall draft proposals to supplement into the program, remove from the program, or adjust the time for submitting draft laws, ordinances according to Clause 2, Article 12 of Decree No. 24/2009/NĐ-CP, to submit to the Governor for signing and sending to the Ministry of Justice for submission to the Prime Minister for decision;

c) The main drafting unit shall submit to the Governor or Deputy Governor responsible for comments on proposals to supplement into the framework, remove from the program, or adjust the time for submitting draft decrees according to Clause 2, Article 19 of Decree No. 24/2009/NĐ-CP, send to the Legal Department for examination, REGULAR, submit to the Governor for signing and sending to the Government Office, the Ministry of Justice.

2. Adjusting Programs for Drafting Circulars:

a) In cases of supplementing into the program for drafting circulars, units shall implement the procedures for proposing the drafting of circulars stipulated in this Circular;

b) In cases of removing from the program or adjusting the time for submitting draft circulars, the main drafting unit shall report to the Governor or Deputy Governor responsible, clearly stating reasons, solutions to overcome difficulties, plans for drafting documents consistent with the expected time for submitting drafts, and send a document to the Legal Deppolicies artment afteri receiving comments from the Governor or Deputy Governor responsible;

c) Quarterly, the Legal Department shall examine and consolidate reports to the Governor for decisions on adjusting the program for drafting circulars;

In cases where there are different opinions on proposals to adjust the framework the drafting of circulars from units, the Legal Department shall propose the Governor for consideration and decision.

d) Decision to adjust the program trfor drafting circulars after being signed and issued by the Governor shall be published tron trthe electronic information website of the State Bank.

Article 12. Responsibilities implementation, monitoring, urging, reporting on the progress of||| implementing the program for drafting legal documents

1. Responsibilities of the main drafting unit:

a) The main drafting unit of the document has trthe responsibility to ensure the progress and quality of the draft document, promptly report to the Governor, Deputy Governor responsible about difficulties and obstacles encountered during the drafting process of the document;

b) Quarterly by no later than the 5th day of each month, the main drafting units shall have the responsibility to send the Legal Department a report on the situation of drafting legal documents assigned. In cases where the progress of drafting legal documents of the unit is delayed, the report must clearly state the causes and solutions to overcome them.

2. Responsibilities of the Legal Department:

a) Based on the program for drafting legal documents and the plan for drafting documents stipulated in Clause 2, Article 10, Clause 2, Article 11 of this Circular, monitor and urge units to implement the drafting of draft projects and draft legal documents in accordance with the schedule; report to the Governor any issues arising during the implementation of the program for drafting legal documents;

b) Quarterly by no later than the 15th day of the first month of each quarter, the Legal Department shall have the responsibility to compile and submit to the Governor:

- Report on the implementation of the program for drafting circulars of the State Bank;

- Report on the situation, progress of drafting decrees and difficulties encountered during the drafting of decree drafts sent to the Government Office;

- Report on the implementation of the annual program for drafting laws and ordinances and the progress of drafting law and ordinance projects sent to the Ministry of Justice.

Chapter III

DRAFTING, ISSUANCE, CONSOLIDATION OF LEGAL DOCUMENTS

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DRAFTING LAWS, ORDINANCES, RESOLUTIONS OF THE NATIONAL ASSEMBLY, STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DECREES OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER OF THE GOVERNMENT

Article 13. Procedures for drafting laws, ordinances, resolutions of the National Assembly and Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister

1. The drafting of laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government; and decisions of the Prime Minister shall be carried out in accordance with the provisions set forth in Sections 1 and 2 of Chapter II of Decree No. 24/2009/NĐ-CP and relevant provisions under the Law on Enacting Legal Normative Documents. BEnactment of regulatory legal documents.

2. For draft projects and draft documents containing provisions on administrative procedures, the leading unit responsible for drafting must conduct an impact assessment of administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.

3. During the drafting process, the leading unit responsible for drafting and the editorial team report to the Drafting Board, Governor (for draft laws, ordinances, and resolutions of the National Assembly and Standing Committee of the National Assembly, and draft decrees of the Government), and the leading unit responsible for drafting reports to the Governor (for draft decisions of the Prime Minister) regarding complex contents with differing opinions to seek guidance.

4. The leading unit responsible for drafting has the responsibility to seek the opinion of the leadership of the State Bank on major contents of draft laws, ordinances, and resolutions of the National Assembly and Standing Committee of the National Assembly, draft decrees, and draft decisions of the Prime Minister before posting the draft project or draft on the government's or State Bank's electronic information website to solicit opinions from organizations and individuals, and when necessary.

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DRAFTING AND ISSUING CIRCULARS, JOINT CIRCULARS

Article 14. Procedures for drafting circulars of the State Bank

Circulars of the State Bank are drafted according to the following procedure:

1. Drafting the draft circular; explanatory notes on the contents of the draft circular or comparison and explanation of differences between the draft circular and the amended, supplemented, or replaced document (in case of drafting an amended, supplemented, or replaced document); draft proposal.

2. Submitting to the Governor or Deputy Governor in charge for review of the content and permission to solicit opinions on the draft circular.

3. Soliciting opinions, incorporating feedback, and addressing participating opinions on the draft circular.Fconsidering opinions on draft circulars.

4. Reviewing the draft circular.

5. Submitting for signing and issuing the circular.

Article 15. Drafting draft circulars

1. The leading unit responsible for drafting has the responsibility to coordinate with related units to summarize the implementation of laws; survey and evaluate social relations in the relevant field of the draft; study relevant information and materials; prepare outlines, compile, and revise the draft; prepare the proposal and related documents to the draft. trDuring the drafting process, the leading unit responsible for drafting may mobilize the participation of research institutes, associations, experts, scientists, and other organizations and individuals related to summarizing and evaluating the implementation of laws; reviewing and evaluating current legal normative documents; conducting surveys and sociological investigations; evaluating social relations related to the content of the draft; collecting, studying, and comparing relevant documents and international treaties related to the draft.

During the drafting process, the leading drafting unit may mobilize the participation of research institutes, associations, experts, scientists, and other relevant organizations and individuals in summarizing and evaluating the implementation of laws; reviewing and assessing current regulatory legal documents; conducting surveys and sociological investigations; evaluating actual conditions. trThe draft proposal must clearly state the necessity of promulgating the document; the subjects and scope regulated by the document; the drafting process and solicitation of opinions from agencies, organizations, and individuals; complex issues with differing opinions; and explain the basic contents of the document.

2. For draft circulars containing provisions on administrative procedures, the leading unit responsible for drafting must conduct an impact assessment of administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.

3. For draft circulars containing provisions on administrative procedures, the leading drafting unit must conduct an impact assessment of administrative procedures according to Article 10 of Decree No. 63/2010/NĐ-CP.

Article 16. Soliciting Opinions

1. After completing the draft circular, the main drafting unit shall report to the Governor or Deputy Governor in charge for approval of the draft content and propose soliciting opinions from relevant units, organizations, and individuals. The opinion solicitation process shall be conducted in the following order:

a) Solicit opinions from relevant units under the State Bank;

b) Solicit opinions from related agencies, organizations, and direct subjects affected by the document; solicit opinions through the State Bank's electronic information website.

2. Solicit opinions from relevant units under the State Bank:

a) The main drafting unit must send a document to solicit opinions from relevant units under the State Bank regarding the draft circular content. In cases where it is necessary to expedite the drafting progress, the main drafting unit may consider soliciting opinions on issues directly related to each unit’s functions and responsibilities and other important contents;

b) Units whose opinions are sought are responsible for replying in writing within a maximum period of seven working days from the date of receipt of the request to participate in providing opinions (except in cases where organizations solicit opinions on administrative procedures as stipulated in point d of this clause);

In case of necessity and with the consent of the Governor or Deputy Governor in charge, the main drafting unit may set a shorter opinion solicitation period than that mentioned above, but it must be at least three working days. Units whose opinions are sought are responsible for replying according to the deadline stated in the document requesting opinions.nationalWith necessary approval from the Governor or the Deputy Governor responsible, the leading drafting unit may shorten the consultation period to at least three working days. The consulted units are responsible for responding within the deadline specified in the consultation letter.

c) If the deadline specified in point b of this clause is exceeded and the unit whose opinions are sought does not provide a written reply, it will be considered that the unit has no opinion on the draft content. The head of the unit whose opinions are sought must bear responsibility before the Governor for not participating or delaying participation in providing opinions and any resulting difficulties (if any) related to the content within the unit's management responsibility;u bear responsibility before the Governor for not participating or delaying participation in consultations and any arising difficulties related to their management responsibilities;

d) For draft circulars containing provisions on administrative procedures, in addition to participating in providing opinions on the draft circular content, the Legal Department is responsible for providing opinions on administrative procedures in the draft document.

In urgent cases, the Legal Department may organize soliciting opinions from related agencies, organizations, and subjects affected by the administrative procedure provisions in accordance with the forms prescribed in Clause 2, Article 9 of Decree No. 63/2010/ND-CP and compile the opinions to send to the main drafting unit.ầWhen necessary, the Legal Department organizes consultations with relevant agencies, organizations, and affected entities regarding administrative procedures according to the methods stipulated in Clause 2 of Article 9 of Decree No. 63/2010/NĐ-CP and compiles opinions to send to the leading drafting unit. trin drafting.

3. Solicit opinions from related agencies, organizations, and direct subjects affected by the document:

a) The main drafting unit is responsible for proposing to the Governor or Deputy Governor in charge a list of related agencies, organizations, and direct subjects affected by the document to solicit opinions on the draft content;

b) The opinion solicitation period must be clearly stated in the document requesting opinions and ensure that related agencies, organizations, and direct subjects affected by the document have sufficient time to study and provide opinions on the draft.

4. Solicit opinions through the State Bank's electronic information website:

The main drafting unit shall coordinate with the Office to publish the draft circular, explanatory notes on the draft circular content, or a comparison and explanation of the differences between the draft circular and the amended, supplemented, or replaced document (in cases of drafting an amended, supplemented, or replaced document) on the State Bank's electronic information website for agencies, organizations, and individuals to participate in providing opinions.

5. In cases where the draft circular contains significant changes compared to the previously solicited draft, the main drafting unit shall again solicit opinions from relevant units and direct subjects affected by the document to ensure the feasibility of the document.

During the process of participating in providing comments and reviewing the draft document, the Legal Department may request the main drafting unit to again solicit opinions from relevant units and direct subjects affected by the document when the draft document contains significant changes compared to the previously solicited draft. Not deposited into temporary account If the draft document has significant changes compared to the previously circulated draft.

6. In urgent cases, if it is determined that soliciting opinions in accordance with Clauses 1, 2, 3, 4, and 5 of this Article does not meet the requirements for progress, the main drafting unit shall report to the Governor or Deputy Governor in charge for consideration and decision on organizing simultaneous solicitation of opinions from related units and direct subjects affected by the document, soliciting opinions through the State Bank's electronic information website, or organizing a meeting to directly solicit opinions.

Article 17. Solicit Opinions from the Bank of Vietnam Leadership Board

1. Prior to implementing the solicitation of opinions as stipulated in Clause 4, Clause 6, Article 16 of this Circular and in other necessary cases, the leading unit responsible for drafting shall be responsible for soliciting opinions from the Bank of Vietnam Leadership Board regarding major contents and complex issues that still have differing opinions (if any) in the draft circular.

2. The solicitation of opinions from the Bank of Vietnam Leadership Board as stipulated in Clause 1 of this Article shall be conducted at a meeting of the Bank of Vietnam Leadership Board or through a written opinion solicitation method.

Article 18. Consolidation and Adoption of Participatory Opinions

1. Within a maximum period of 15 working days from the date of expiration of the deadline for participating opinions recorded in the letter sent to solicit opinions from agencies, units, organizations on the draft circular, the leading unit responsible for drafting shall be responsible for studying, consolidating, explaining, adopting opinions, and revising the draft document. The consolidation, adoption, and explanation of participatory opinions must be comprehensive and detailed, based on a thorough evaluation of all related issues to ensure the feasibility and appropriateness of the document.Plan for handling assets after the expiration of the joint venture and association period For complex issues with differing opinions, the leading unit responsible for drafting shall report to the Governor or Deputy Governor in charge to seek guidance.êAfter adopting participatory opinions and revising the draft document, if deemed necessary, the leading unit responsible for drafting may continue to solicit opinions from units, organizations, and individuals inside and outside the Bank of Vietnam.

Article 19. Review of Draft Circulars

2. After revising the draft circular according to the opinions of relevant units, organizations, and individuals, and the guidance of the Bank of Vietnam Leadership Board (if any), the leading unit responsible for drafting shall submit the draft circular file to

the Legal Department for review.

The leading unit responsible for drafting shall send the Legal Department the proposal for review, including: VLetter requesting review;rime Minister cb) Agencies assigned by Ministries and equivalent ministries to review environmental impact assessment reports and detailed environmental protection plans.

2. Draft notification to the Governor as prescribed in Clause 2, Article 15 of this Circular;

a) Draft document after adopting opinions of units, organizations, and individuals;

b) Summary of opinions, explanations on adopting or not adopting opinions of units, organizations, and individuals;

c) d) Explanation of the contents of the draft circular or comparison and explanation of differences between the draft circular and the amended, supplemented, or replaced document (in case of drafting an amending, supplementing, or replacing document);

d) For draft circulars containing administrative procedures, the review file must include an impact assessment of administrative procedures as prescribed in Article 10 of Decree No. 63/2010/NĐ-CP; the summary of opinions must include explanations on adopting or not adopting opinions concerning administrative procedures in the draft circular.

Upon receiving the complete proposal for review as prescribed in Clause 2 of this Article, the Legal Department shall organize the review of the draft circular.

e) In cases where clarification of the draft circular's content is needed, the Legal Department may request the leading unit responsible for drafting to provide relevant information and materials on the draft or to explain clearly the provisions in the draft. trIf necessary, the Legal Department may organize a meeting with representatives from the Legal Department, the leading unit responsible for drafting, and/or representatives from some related units to assist in the review of the draft circular.

g) Other related documents (if applicable).

3. The Legal Department shall be responsible for reviewing the draft document according to the contents prescribed in Point a, Clause 3, Article 36 of the Law on Issuing Regulatory Documents.

For draft circulars containing administrative procedures, in addition to the review contents prescribed in Point a of this clause, the Legal Department shall be responsible for reviewing administrative procedures and reflecting this in the review document.

Review Period: Within a maximum period of seven working days from the date of receipt of the complete proposal for review, the Legal Department shall issue a review document and send it to the leading unit responsible for drafting.

4. Content of the review:

a) Upon receiving the review document, the leading unit responsible for drafting shall study, adopt, revise the draft circular, and send a document to the Legal Department detailing the adoption and explanation of the review opinions along with the revised draft circular according to the review opinions.

b) In cases involving complex issues, the leading unit responsible for drafting shall consider and decide whether to report and seek guidance from the Governor or Deputy Governor in charge before sending the document adopting and explaining the review opinions to the Legal Department.

5. Upon receiving the document adopting and explaining the review opinions, the Legal Department shall cooperate with the leading unit responsible for drafting to finalize the draft circular.policies In cases requiring further clarification of the draft circular's content, the Legal Department may directly discuss or invite representatives from the leading unit responsible for drafting to meet and reach consensus on the draft circular's content before affixing the review seal.

6. After cooperating with the leading unit responsible for drafting to finalize the draft, if there are still differing opinions, the Legal Department shall issue a document preserving its opinion and send it to the leading unit responsible for drafting. The leading unit responsible for drafting shall report to the Governor or Deputy Governor in charge for consideration and decision. The Legal Department shall affix the review seal according to the guidance of the Governor or Deputy Governor in charge.

If further clarification of the preserved opinion is required, the Legal Department shall prepare a report to the Governor or Deputy Governor in charge and affix the review seal after receiving their guidance.

7. Draft documents prepared by the Legal Department as the main drafting unit do not follow the review process prescribed in this Article. The result of the review is reflected by affixing the review seal.

If in agreement with the content of the draft circular, the Legal Department shall affix its review seal on the draft circular for the leading unit to submit to the Governor.

In cases where further clarification of the draft circular's content is needed, the Legal Department will directly discuss or invite representatives of the leading drafting unit to meet and reach consensus on the draft circular's content before finalizing it.

8. After coordinating with the leading drafting unit to finalize the draft, if there are still differing opinions, the Legal Department will issue a document retaining its opinion and submit it to the leading drafting unit. The leading drafting unit will report to the Governor or the Deputy Governor responsible for review and decision. The Legal Department will affix the approval stamp according to the instructions of the Governor or the Deputy Governor responsible.

If further clarification of the retained opinion is required, the Legal Department will prepare a report to the Governor or the Deputy Governor responsible and affix the approval stamp after receiving instructions from the Governor or the Deputy Governor responsible.

9. Draft documents primarily drafted by the Legal Department do not follow the approval process stipulated in this Article. The result of the approval is shown by affixing the approval stamp.

Article 20. Submission for Issuance of Circulars

1. The leading unit shall submit to the Governor for signature and issuance of the circular. The dossier for submission for issuance of the circular includes:

a) A report to the Governor on the issuance of the circular, clearly stating the main contents of the draft circular and the complex issues that have differing opinions;

b) The draft circular which has been stamped with the approval seal of the Legal Department;

c) A summary, explanation, and incorporation of comments from relevant agencies, organizations, and individuals regarding the draft circular's content;ìThe Legal Department's review document; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;d) An explanatory document incorporating the review comments;

d) Any document retaining the Legal Department's opinion (if applicable);

The Governor or Deputy Governor authorized to examine and sign for the issuance of the circular.

e) Article 21. Distribution, Publication in the Official Gazette, Sending, and Announcing the Issuance of Circulars

g) Other related documents (if applicable).

2. Distribution of Documents:

After the circular is signed and issued, the Office is responsible for numbering the document; printing, ensuring the accuracy of the printed material compared to the original; stamping; storing; sending the document to organizations and individuals according to the "recipients" list, and returning the submission dossier to the leading drafting unit.

1. The leading drafting unit is responsible for sending the Office the electronic file of the circular and ensuring the accuracy of the electronic file version of the document; sending the Office a press release on the issuance of the circular; coordinating with the Office to ensure timely and accurate printing and distribution of the circular, and publication in the Official Gazette.

a) Publication in the Official Gazette, Sending, and Announcing the Document:

b) The publication in the Official Gazette, sending, and announcing the circular shall be carried out in accordance with the provisions of the Law on Issuing Normative Legal Documents, guiding documents, and regulations on protecting state secrets.n lWithin two working days from the date of signing the document, the Office is responsible for:This Resolution takes effect from the date it is adopted by the National Assembly.Sending the original document along with the electronic file to the Government Office for publication in the Official Gazette as prescribed and for uploading on the Government's website.

2. Sending the document to relevant agencies and units listed in the recipient section of the document.

a) Publishing the circular, press releases on the issuance of the circular on the State Bank's website.

b) Within three working days from the date of signing the document, the Office sends the circular to the Department of Legal Review under the Ministry of Justice for inspection within its authority.

- After issuance, the circular is disseminated to related units, organizations, and individuals. For circulars with broad scope affecting multiple areas of work, the Legal Department is responsible for organizing publicity and dissemination to those responsible for implementation, in coordination with the leading drafting unit and the State Bank branches in provinces and centrally-administered cities.amendArticle 22. Process of Drafting and Issuing Joint Circulars trThe process of drafting and issuing joint circulars between the Governor and Ministers, heads of ministerial-level agencies shall be implemented in accordance with Article 36 of Decree No. 24/2009/NĐ-CP.

- Article 23. Consolidation of Government Decrees and Prime Minister's Decisions Drafted by the State BankầWithin two working days from the date the amendment and supplementation document is signed and issued, the leading drafting unit is responsible for sending the Legal Department the electronic file of the amendment and supplementation document and ensuring the accuracy of the electronic file version of the document.

- 3. Amend Clause 3 Article 2 as follows:amendWithin two working days from the date of receiving the electronic file of the amendment and supplementation document, the Legal Department is responsible for consolidating the document and submitting it to the Governor or Deputy Governor for verification and signing of the consolidated document.

c) Within two working days from the date the Governor or Deputy Governor signs the consolidated document, the Office is responsible for sending the original of the consolidated document along with the electronic file to the Government Office for publication in the Official Gazette and uploading on the Government's website.

3. After issuance, circulars are disseminated to relevant units, organizations, and individuals. For circulars with broad scope affecting multiple areas of work, the Legal Department is responsible for organizing publicity and dissemination to the implementing entities in coordination with the leading drafting unit and provincial branches of the State Bank.

Article 22. Proy cess of drafting and issuing joint circulars

The process of drafting and issuing joint circulars between the Governor and Ministers, heads of ministerial-level agencies is carried out according to the provisions of Article 36 of Decree No. 24/2009/NĐ-CP.

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 3

CONSOLIDATION OF LEGAL NORMATIVE DOCUMENTS

Article 23. Consolidation of decrees of the Government and decisions of the Prime Minister primarily drafted by the State Bank

1. Within two working days from the date the amended or supplemented document is signed and issued, the leading drafting unit is responsible for sending the electronic data file of the amended or supplemented document to the Legal Department and bears responsibility for the accuracy of the electronic data file version of the document.

2. Within two working days from the date of receiving the electronic data file of the amended and supplemented text, the Legal Affairs Department shall be responsible for consolidating the document and submitting it to the Governor or Deputy Governor for signing to authenticate the consolidated document.

3. Within two working days from the date the Governor or Deputy Governor signs to authenticate the consolidated document, the Office shall be responsible for sending the original of the consolidated document along with the electronic data file to the Government Office for publication in the Official Gazette and posting on the Government's website.

Article 24. Consolidation of Circulars and Joint Circulars Drafted by the State Bank

1. Within one working day from the date the Governor signs to issue the Circular or Joint Circular for amendment and supplementation, the drafting unit shall be responsible for sending the electronic data file of the amended and supplemented Circular or Joint Circular to the Legal Department and shall bear responsibility for the accuracy of the electronic data file version of the document.

2. Within two working days from the date of receiving the electronic data file of the amended and supplemented Circular or Joint Circular, the Legal Department shall be responsible for consolidating the document and submitting the consolidated document for signature to confirm by the Governor or Deputy Governor.national||| p nhất văn bản và trình Thống đốc hoặc Phó Thống đốc ký xác thực văn bản hợp nhất. ||| consolidating the document and submitting the consolidated document for signature to confirm by the Governor or Deputy Governor.

3. Within two working days from the date the Governor or Deputy Governor signs to confirm the consolidated document, the Office shall be responsible for sending the consolidated document for publication in the Official Gazette and implementing its publication on the electronic information website of the State Bank. tr||| ên trang thông tin điện tử của Ngân hàng Nhà nước. ||| on the electronic information website of the State Bank.

Chapter IV

IMPLEMENTATION

Article 25. Budget for Building Regulatory Legal Documents

1. The budget for building regulatory legal documents shall be implemented according to the provisions of Article 67 of Decree No. 24/2019/ND-CP, the guidelines of the Ministry of Finance and the State Bank on managing and using state budget funds to ensure the work of drafting and issuing regulatory legal documents.0The heads of units under the State Bank, based on the assigned tasks of drafting and issuing regulatory legal documents, shall be responsible for proposing and coordinating with the Financial and Accounting Department, the Administrative Management Department to allocate the budget and other necessary conditions to ensure the work of drafting and issuing regulatory legal documents.

2. The drafting unit of regulatory legal documents shall prepare a detailed budget for building regulatory legal documents and submit it to the Legal Department for review regarding the appropriateness of the budget with the complexity, scope, and regulated subjects of the document.

3. Article 26. Responsibilities of Units Under the State Bank

Units under the State Bank shall be responsible for:

1. Adhering to the regulations on procedures and formalities for drafting and issuing regulatory legal documents as stipulated in the Law on Issuing Regulatory Legal Documents, guiding documents, and the provisions of this Circular.

The Legal Department shall monitor, urge, and guide units to comply with the procedures and formalities for drafting and issuing regulatory legal documents of the State Bank.

2. Timely report to the Governor about difficulties and obstacles arising during the drafting and issuance of regulatory legal documents of the State Bank and propose solutions. tr2. The parties in the BOT contract for the project to expand National Route 1 from Km 1063 + 877 to Km 1092 + 577, Quang Ngai province shall adjust the BOT contract according to the collection rates specified in this Circular.

a) Replacing Circular No. 13/2009/TT-NHNN dated July 3, 2009, issued by the Governor of the State Bank of Vietnam, which stipulates the procedures and formalities for drafting and issuing regulatory legal documents of the State Bank of Vietnam, and Circular No. 38/2011/TT-NHNN dated December 13, 2011, amending and supplementing certain articles of Circular No. 13/2009/TT-NHNN.

b) Article 28. Implementation Organization

Article 27. Effective Date

This Circular takes effect from the date 24 tháng 01 The Head of the Office, the Director of the Legal Department,

Heads of units under the State Bank, and the Governors of the State Bank branches in provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

The Head of the Office, the Director of the Legal Affairs Department,policiesthe Heads of units under the State Bank, the Branch Governors of the State Bank in provinces and centrally governed citiesNo.are responsible for organizing the implementation of this Circular../.