Circular No. 32/2016/TT-BTNMT stipulates on drafting and promulgating legal normative documents within the scope of management under the Ministry of Natural Resources and Environment.

CIRCULAR

PROVISIONS ON THE DEVELOPMENT AND ISSUANCE OF LEGAL REGULATORY DOCUMENTS WITHIN THE SCOPE OF STATE MANAGEMENT OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisionsand implementing measures for the Law on Issuing Legal Regulatory Documents; 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. Pursuant to Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certainprovisions of the Investment Law;

Decree No. Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain

provisions of related decrees concerning administrative procedure control;The Minister of Natural Resources and Environment issues this Circular prescribing regulations on the development and issuance of legal regulatory documents within the scope of state management of the Ministry of Natural Resources and Environment. Article 1. This Circular stipulates measures for managing the Program on Developing Legal Regulatory Documents; drafting, reviewing, issuing legal regulatory documents; consolidating, codifying, and translating legal regulatory documents; inspecting, reviewing, and systematizing; format, language, and presentation techniques of legal regulatory documents issued by the Minister of Natural Resources and Environment, jointly issued with other ministries, or submitted to competent authorities for issuance.c) Supplementing point c of Clause 3 as follows:

BASED ON THE GOVERNMENT DECREE NO. 21/2013/NĐ-CP OF MARCH 4, 2013 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT;về nhiệm vụ và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường;

At the proposal of the Director of the Legal Department;

b) Ordinances and resolutions of the Standing Committee of the National Assembly;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

c) Joint resolutions between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front;

Article 2. Regulatory legal documents specified in this Circular include:

a) Laws, resolutions of the National Assembly;

d) Decrees of the Government; joint resolutions between the Government and the Central Steering Committee of the Vietnam Fatherland Front; decisions of the Prime Minister;

đ) Circulars of the Minister; joint circulars between the Minister of Natural Resources and Environment and the Chief Justice of the Supreme People's Court or the Procurator General of the Supreme People's Procuracy.

3. The drafting and issuance of circulars on national technical standards in the field of natural resources and environment shall be carried out in accordance with the laws on technical standards and the provisions of this Circular.

This Circular applies to units under the Ministry of Natural Resources and Environment; Provincial Departments of Natural Resources and Environment; organizations and individuals involved in the development and issuance of legal regulatory documents within the scope of state management of the Ministry of Natural Resources and Environment.

Article 3. Format, Language, and Presentation Techniques of Legal Regulatory Documents

Article 2. Applicability

1. The format, language, and presentation techniques of documents shall be implemented in accordance with Article 8 of the Law on Issuing Legal Regulatory Documents; Resolution No. 1139/2007/UBTVQH11 dated July 3, 2007 of the Standing Committee of the National Assembly promulgating the Regulation on Technical Presentation of Draft Legal Regulatory Documents of the National Assembly and the Standing Committee of the National Assembly; Chapter V of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures for the Law on Issuing Legal Regulatory Documents (hereinafter referred to as Decree No. 34/2016/NĐ-CP) and accompanying templates, specifically:

a) Template No. 01. Document proposing the development of legal regulatory documents;

b) Template No. 02. Proposal document for the development of legal regulatory documents;

c) Template No. 03. Report on policy impact assessment;

d) Template No. 04. Report on the implementation review of laws;

đ) Template No. 05. Outline of project, draft legal regulatory documents;

e) Template No. 06. Summary of comments received and responses to the proposal for projects and drafts of legal regulatory documents;

g) Template No. 07. List of detailed regulations;

h) Template No. 08. Decision to establish the Drafting Board, Editorial Team, and Drafting Team;

i) Template No. 09. Proposal document for projects, drafts of laws, ordinances, resolutions, decrees, decisions;

k) Template No. 10. Proposal document for issuing circulars;

l) Template No. 11. Letter requesting the Ministry of Justice to review;

m) Template No. 12. Letter requesting the Legal Affairs Department to review;

n) Template No. 13. Provision of information for press release;

p) Template No. 14. Review letter from the Legal Affairs Department;

q) Template No. 15. Decision to correct legal regulatory documents that are circulars.

2. The technique for citing related documents shall be implemented in accordance with Article 75 of Decree No. 34/2016/NĐ-CP.

q) Form No. 15. Decision to correct a regulatory legal document is a Circular.

2. The technique for citing related documents shall be implemented in accordance with Article 75 of Decree No. 34/2016/NĐ-CP.

Article 4. Effective Date of Regulatory Legal Documents

1. The effective date of regulatory legal documents must be clearly specified in the document but not earlier than 45 days from the date of signing the document.

2. For regulatory legal documents that are technical standards, their effective date shall be determined according to the Law on Standards and Technical Regulations, except in urgent cases related to health, safety, and the environment, in which case the effective date of technical standards may be earlier but not earlier than 45 days from the date of issuance.

3. For regulatory legal documents whose contents relate to agreements and international treaties to which the Socialist Republic of Vietnam is a party, the effective date will be applied according to those international agreements and treaties.

Article 5. Compliance with Provisions for Protecting State Secrets

The drafting, soliciting opinions, reviewing, examining, sending, and issuing regulatory legal documents containing items listed in the state secrets directory must comply with the provisions of the law on protecting state secrets.

Article 6. Budget for Drafting and Issuing Regulatory Legal Documents

1. The budget for drafting, preparing, reviewing, issuing regulatory legal documents; consolidating, codifying, translating regulatory legal documents; inspecting, reviewing, systematizing; and assessing policy impacts shall be sourced from:

a) The state budget;

b) Aid and other sources as prescribed by law.

2. The Legal Affairs Department is responsible for compiling the budget for activities related to drafting, reviewing, and issuing regulatory legal documents; consolidating, codifying, translating regulatory legal documents; inspecting, reviewing, and systematizing regulatory legal documents of the Ministry, and submitting it to the Finance Department to prepare a plan for allocating the budget from the state budget to units for implementation.

Article 7. Control of Administrative Procedures in Drafting and Issuing Regulatory Legal Documents

1. During the process of proposing to draft regulatory legal documents containing administrative procedures, the units proposing the draft are responsible for supplementing the following activities to serve as a basis for proposing to draft documents containing administrative procedures:

a) For proposals to draft new regulatory legal documents: study the number, form, and proposed regulations on administrative procedures, and estimate the number of entities affected by the administrative procedures stipulated in the document;

b) For proposals to amend and supplement existing documents: evaluate the practical effectiveness and suitability of current administrative procedures stipulated in the regulatory legal documents proposed for amendment and supplementation with the management objectives and context at the time of issuance and amendment.

2. When proposing to draft regulatory legal documents containing administrative procedures, the units are responsible for supplementing the proposal outline with details on the practical basis, necessity, estimated number, form, and method of implementing administrative procedures. In cases where the proposed document is an amendment or supplementation of an existing document, only the amended or supplemented administrative procedure contents need to be explained.

3. During the drafting process of regulatory legal documents containing administrative procedures, the unit assigned to draft the main document is responsible for:

a) Assessing the impact of administrative procedures according to the law on controlling administrative procedures;

b) Soliciting opinions from administrative procedure control agencies as follows:

Solicit opinions from the Administrative Procedure Control Bureau of the Ministry of Justice before submitting the draft regulatory legal documents within the jurisdiction of the Government, Prime Minister, or drafts submitted by the Government to the National Assembly, Standing Committee of the National Assembly for review;

Solicit opinions from the Legal Affairs Department regarding administrative procedures in draft circulars and joint circulars.

4. The Legal Affairs Department is responsible for organizing separate solicitation of opinions on contents containing administrative procedures with appropriate forms (consultation, conference, seminar, roundtable discussion, written submission, etc.) in the following cases:

a) If the document content has many differing opinions on the necessity, form, and implementation methods of administrative procedures, especially those affecting the relationship between central and local authorities or multiple ministries and sectors;

b) If the administrative procedures have high compliance costs but have not been adequately evaluated.

5. During the process of proposing to draft laws, ordinances, resolutions, decrees, the unit proposing the document that suggests amending or supplementing industries or businesses with conditional investment or investment conditions is responsible for reporting to the Ministry's leadership to issue a document soliciting opinions from the Ministry of Planning and Investment on the following contents:

a) Industries or businesses with conditional investment or investment conditions proposed for amendment or supplementation;

b) Analysis of the necessity and purpose of amending or supplementing industries or businesses with conditional investment or investment conditions in accordance with Articles 1, 3, and 4 of Article 7 of the Investment Law;

c) Basis for amending or supplementing industries or businesses with conditional investment or investment conditions and the entities required to comply;

d) Evaluation of the rationality, feasibility, and compatibility with international investment treaties of amending or supplementing industries or businesses with conditional investment or investment conditions;

e) Assessment of the impact of amending or supplementing industries or businesses with conditional investment or investment conditions on state management work and business activities of entities required to comply.

6. If the policy impact assessment report already includes an evaluation of administrative procedures, there is no need to prepare a separate report on the evaluation of administrative procedures.

Article 8. International Cooperation on Law

1. Responsibilities of the Legal Affairs Department:

a) Reviewing the legality of international cooperation programs and projects that have all or part of their content related to law-making;

b) Reviewing the compliance with the Constitution and laws of the Socialist Republic of Vietnam; reviewing the compliance with the basic principles of international law for international agreements in which the Ministry of Natural Resources and Environment or its subordinate units are a party before signing;

c) Participating and providing legal opinions on negotiating, signing, ratifying, approving, joining, reserving, implementing, amending, supplementing, extending the validity period, and organizing the implementation of international treaties in the fields of natural resources and environment;

d) Reviewing, promoting international treaties and monitoring, urging the drafting, submission for promulgation, amendment, supplementation, abolition of regulatory legal documents to implement international treaties in the fields of natural resources and environment;

đ) Organizing training sessions, international conferences, seminars on law.

2. The main unit responsible for implementing international cooperation programs and projects shall be responsible for submitting to the Legal Affairs Department a report on the implementation of international cooperation on law before December 31 each year according to Form No. 02 issued together with Circular No. 07/2015/TT-BTP dated June 15, 2015 of the Minister of Justice detailing and providing measures to implement certain provisions of Decree No. 113/2015/NĐ-CP dated November 26, 2014 of the Government on managing international cooperation on law.

Chapter II

POLICY IMPACT ASSESSMENT

Article 9. Documents Required to Be Drafted and Subject to Policy Impact Assessment

1. Before proposing to draft regulatory legal documents, the documents specified in Article 11 of this Circular, the proposing unit must organize a policy impact assessment.

2. During the process of drafting regulatory legal documents to implement guidelines and solutions to ensure state management objectives or containing new policies or specifying policies already provided for in laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly, the following documents must undergo a policy impact assessment:

a) Laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly;

b) Decrees detailing articles, clauses, points assigned within laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly;

c) Joint resolutions between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front; between the Government and the Central Steering Committee of the Vietnam Fatherland Front;

d) Decisions of the Prime Minister;

đ) Circulars of Ministers (if applicable).

3. Units under the Ministry assigned the main responsibility for drafting regulatory legal documents as stipulated herein shall be responsible for drafting policy content and conducting policy impact assessments.

Article 10. Drafting Policy Content and Conducting Policy Impact Assessments

1. Basis for drafting policy content:

a) Party guidelines and State policies;

b) Results of summarizing the implementation of laws, assessing the current social relations related to policies;

c) Requirements for state management, economic and social development ensuring human rights, fundamental rights and obligations of citizens; ensuring national defense and security;

d) Commitments in relevant international treaties to which the Socialist Republic of Vietnam is a member;

đ) The Government's action program to ensure the implementation of the Constitution.

2. Drafting policy content:

a) Identifying issues to be resolved, evaluating the rationality, legality, and feasibility, effectiveness of existing legal provisions as well as the responsibilities of state management agencies and organizations and individuals in enforcing the law;

b) Identifying management goals; specific rights, obligations, and legitimate interests of individuals and organizations to be protected;

c) Identifying measures that can be used to implement state management requirements; ensuring the rights, obligations, and legitimate interests of individuals and organizations for each policy content;

d) Specifically identifying the subjects directly affected by the policy, groups of subjects responsible for implementing the policy;

đ) Specifically identifying the competent authority issuing the policy to resolve the policy contents proposed.

3. The unit proposing to draft regulatory legal documents or assigned the main responsibility for drafting regulatory legal documents shall be responsible for using the evaluation method prescribed in Article 7 of Decree No. 34/2016/NĐ-CP to assess the policy impact. The policy impact assessment shall be carried out in accordance with Clause 2, Article 35, Clause 2, Article 87, Point b, Clause 2, Article 97 of the Law on Enacting Regulatory Legal Documents and Article 6 of Decree No. 34/2016/NĐ-CP.

Chapter III

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

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

Article 11. Cases requiring the proposal for the development of legal regulatory documents

1. Law, ordinance.

2. Resolutions of the National Assembly to implement pilot policies within the authority of the National Assembly but not yet regulated by laws or different from current laws.

3. Decrees of the Government shall provide:

a) Specific measures to organize the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly; measures to implement economic and social policies, national defense, security, environment, citizens' rights and obligations, and other issues under the management and administration of the Government; matters related to the tasks and powers of two ministries or ministerial-level agencies or more; the tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

b) Necessary issues within the authority of the National Assembly or the Standing Committee of the National Assembly but not yet having sufficient conditions to be developed into laws or ordinances to meet the requirements of state management, economic management, and social management.

Article 12. Responsibilities before proposing the development of laws, ordinances, resolutions, and decrees

Before proposing the development of laws, ordinances, resolutions, and decrees, the proposing unit shall have the responsibility to:

1. Summarize the implementation of relevant laws concerning the proposed development of laws, ordinances, resolutions, and decrees; survey and assess the current social relations related to the proposed development of laws, ordinances, resolutions, and decrees; prepare a report on the summary of law implementation.

2. Organize scientific research on related issues to support the proposal for the development of laws, ordinances, resolutions, and decrees; study information, materials, and international treaties to which the Socialist Republic of Vietnam is a party that are related to the proposed development of laws, ordinances, resolutions, and decrees.

3. Develop policy content and evaluate policy impact according to Article 10 of this Circular; prepare a report on policy impact assessment.

4. Forecast resources and conditions to ensure the implementation of laws, ordinances, resolutions, and decrees after being approved by the National Assembly, the Standing Committee of the National Assembly, and the Government.

Article 13. Soliciting opinions on proposals for the development of laws, ordinances, resolutions, and decrees

The unit proposing the development of laws, ordinances, resolutions, and decrees shall have the responsibility to:

1. Publish the summary report, policy impact assessment report in the proposal for the development of laws, ordinances, resolutions, and decrees on the Government's electronic portal and the Ministry of Natural Resources and Environment's electronic portal for at least 30 days to solicit opinions.

2. Send the proposal for the development of laws, ordinances, resolutions, and decrees according to Clause 3 of this Article to:

a) The Ministry of Finance to solicit opinions on financial sources; the Ministry of Home Affairs to solicit opinions on human resource sources; the Ministry of Foreign Affairs to solicit opinions on compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a party; the Ministry of Justice to solicit opinions on constitutionality, legality, and consistency of the proposal for the development of laws, ordinances, resolutions, and decrees with the legal system;

b) The Ministry of Planning and Investment in cases where laws, ordinances, resolutions, and decrees propose amendments or supplements to industries or businesses subject to conditional investment;

c) The Vietnam Chamber of Commerce and Industry for proposals for the development of laws, ordinances, resolutions, and decrees related to the rights and obligations of enterprises;

d) The Vietnam Fatherland Front and the subjects directly affected by the policies.

3. Documents include:

a) The proposal for the development of laws, ordinances, resolutions, and decrees;

b) The report on policy impact assessment in the proposal for the development of laws, ordinances, resolutions, and decrees;

c) The report on the summary of law implementation or the assessment of current social relations related to the proposal for the development of laws, ordinances, resolutions, and decrees;

d) The draft project outline, draft laws, ordinances, resolutions, and decrees.

4. Clearly identify each policy in the proposal that requires solicitation of opinions suitable for each target group and the address for receiving opinions. In necessary cases, organize meetings to solicit opinions on basic policies in the proposal for the development of laws, ordinances, resolutions, and decrees.

5. Study, adopt, and explain opinions to improve the proposal for the development of laws, ordinances, resolutions, and decrees. Reports on explanations and adoption of opinions must be published together with the file according to Clause 2 of Article 14 of this Circular on the Government's electronic portal and the Ministry of Natural Resources and Environment's electronic portal.

Article 14. Reviewing proposals for drafting laws, ordinances, resolutions, decrees

1. Not later than July 1st each year, the unit proposing to draft laws, ordinances, resolutions, or decrees shall submit one set of files in accordance with Clause 2 of this Article to the Legal Affairs Department for review and comments before submitting to the Minister for signature and sending to the Ministry of Justice for review.

2. Documents include:

a) The proposal for the development of laws, ordinances, resolutions, and decrees;

b) The report on policy impact assessment in the proposal for the development of laws, ordinances, resolutions, and decrees;

c) The report on the summary of law implementation or the assessment of current social relations related to the proposal for the development of laws, ordinances, resolutions, and decrees;

d) A summary, explanation, and adoption of opinions; copies of opinions from Ministries, agencies at the ministerial level, and other organizations (if any);

đ) The project outline, draft law, ordinance, resolution, or decree.

The documents specified in points a and b of this clause shall be sent in paper form, while the remaining documents shall be sent electronically.

3. Within fifteen days from the date of receiving all files as stipulated in Clause 2 of this Article, the Legal Affairs Department shall organize a meeting to provide opinions on the proposal to draft laws, ordinances, resolutions, or decrees. The content of the review and opinion shall focus on the issues prescribed in Clause 3 of Article 39 and Clause 3 of Article 88 of the Law on Enacting Legislative Acts.

4. Within twenty days from the date of receiving the Legal Affairs Department's opinion, the agency or organization proposing to draft laws, ordinances, resolutions, or decrees shall be responsible for adopting, explaining, and perfecting the file for the proposal to draft laws, ordinances, resolutions, or decrees and resubmitting it to the Legal Affairs Department.

5. The Legal Affairs Department shall be responsible for compiling the files of proposals to draft laws, ordinances, resolutions, or decrees and requesting comments from Deputy Ministers overseeing relevant fields before submitting to the Minister to send to the Ministry of Justice for review.

6. Based on the review opinion of the Ministry of Justice, the units proposing to draft laws, ordinances, resolutions, or decrees shall be responsible for explaining and adopting the review opinion of the Ministry of Justice, and perfecting the file for the proposal to draft laws, ordinances, resolutions, or decrees.

Article 15. Submitting Proposals for Drafting Laws, Ordinances, Resolutions, or Decrees to the Government

1. The unit preparing the proposal to draft laws, ordinances, resolutions, or decrees shall submit one set of files in accordance with Clause 2 of this Article to the Legal Affairs Department for submission to the Minister to submit to the Government.

2. The files submitted to the Government include:

a) The documents specified in points a, b, c, and d of Clause 2 of Article 14 of this Circular;

b) The report on reviewing the proposal to draft laws, ordinances, resolutions, or decrees; the report on explaining and adopting the review opinion;

c) The project outline, draft law, ordinance, resolution, or decree after adopting the review opinion;

d) Other documents (if any).

3. The Office of the Ministry shall be responsible for contacting the Office of the Government to register for inclusion in the regular meeting program of the Government. The leading unit shall be responsible for coordinating with the Legal Affairs Department to prepare the files and materials for the Minister to attend the Government session related to the proposal to draft laws, ordinances, resolutions, or decrees proposed by itself.

4. Based on the Government's Resolution on the proposal to draft laws, ordinances, resolutions, or decrees, before November 15th each year, the leading unit proposing the draft shall be responsible for completing the file and submitting it to the Legal Affairs Department for submission to the Minister to send to the Ministry of Justice for consolidation into the Government's proposal on the legislative program for laws, ordinances, resolutions, or decrees; and submitting it to the Office of the Ministry for the Minister to consider and decide to register with the Office of the Government for inclusion in the next year's work program of the Government.

Section 2. ESTABLISHING THE PROGRAM TO DEVELOP LEGAL DOCUMENTS

Article 16. Basis for Establishing the Program to Develop Legal Documents

1. Resolutions of the National Assembly, resolutions of the Government approving proposals to develop laws, ordinances, resolutions, decrees.

2. Assigned according to the provisions of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front; joint decrees, joint resolutions of the Government, decisions of the Prime Minister, or documents of competent state agencies.

3. Proposals from units under the Ministry.

4. Results of reviews, plans to simplify administrative procedures approved by competent state agencies; results of reviews and inspections of legal documents.

5. Proposals and recommendations from Departments of Natural Resources and Environment and related organizations and individuals.

Article 17. Establishing the List of Detailed Regulatory Documents

1. For legal documents specified in Clause 2, Article 16 of this Circular, which are assigned to the Ministry of Natural Resources and Environment to draft the main text, within 15 days from the date the law, ordinance, resolution, joint resolution is adopted by the National Assembly, Standing Committee of the National Assembly; 10 days from the date the decree, joint resolution of the Government, decision of the Prime Minister is signed and issued, the Legal Department of the unit responsible for drafting shall be responsible for reviewing and establishing the list of detailed regulatory documents and proposing the assignment of the unit responsible for drafting to submit to the Legal Department for consolidation.

2. For legal documents specified in Clause 2, Article 16 of this Circular, which are not assigned to the Ministry of Natural Resources and Environment to draft the main text, within 15 days from the date the legal document is adopted or signed and issued, the Legal Department shall be responsible for reviewing and establishing the list of detailed regulatory documents to assign to the Ministry of Natural Resources and Environment to draft and issue according to its authority or submit to the competent state agency for issuance; proposing the assignment of the unit responsible for drafting to submit to the leadership of the Ministry for consideration and decision.

3. The Department of Legal Affairs has the responsibility:

a) Consolidating and establishing the list of detailed regulatory documents and guiding the implementation of laws, ordinances, resolutions for submission to the leadership of the Ministry for consideration and sending to the Ministry of Justice.

b) Establishing the list and proposing the division of responsibilities for units to draft detailed regulatory documents and guiding the implementation of laws, ordinances, resolutions, decrees, decisions to include in the annual program to develop legal documents of the Ministry.

Article 18. Procedure for Establishing the Program to Develop Legal Documents

1. At the latest before July 1st each year, units proposing to develop legal documents specified in Clauses 3 and 4, Article 16 of this Circular shall be responsible for submitting files to the Legal Department for review and comments. The files include:

a) Document proposing to develop legal documents.

b) Draft project outline, draft legal document.

c) Estimated budget for developing legal documents.

2. Within 15 days from the date of receiving complete files as stipulated in Clause 1 of this Article, the Legal Department shall seek opinions in writing or organize meetings to review and provide comments on the proposal to develop legal documents. The contents reviewed and commented on include:

a) The necessity of promulgation.

b) The subjects and scope regulated by the document.

c) The constitutionality, legality, consistency, and feasibility of the proposed contents.

d) The time frame and capability to complete the development of the document.

đ) Contents regarding administrative procedures (if applicable).

3. Participants in the meeting to review and comment:

a) Legal Department.

b) International Cooperation Department attending the meeting and providing comments on the compatibility of the proposed content with international treaties relevant to the Socialist Republic of Vietnam.

c) Science and Technology Department for documents related to national technical standards or technical regulations.

d) Planning Department for documents related to economic-technical norms.

đ) Finance Department for documents related to finance.

e) Information Technology Agency for documents related to information technology.

g) Some other relevant agencies, units, scientists, and experts.

4. Based on the opinions at the meeting, the Legal Department shall send a document to the unit. The unit proposing to develop legal documents shall explain, adopt, and improve the file proposing to develop legal documents and submit it back to the Legal Department.

5. The Legal Department shall be responsible for:

a) According to the provisions of Clause 1, Article 16 of this Circular, establishing the list of legal documents planned to be included in the annual program to develop legal documents of the Ministry.

b) Consolidating proposals and recommendations from Departments of Natural Resources and Environment, organizations, and individuals, and sending them to relevant General Departments and Bureaus under the Ministry of Natural Resources and Environment for research, review, and inclusion in the annual program to develop legal documents of the Ministry as prescribed.

c) Sending to the Ministry Office for legal documents that are decrees and decisions to register in the next year's work program of the Government.

Article 19. Issuance of the Program for Drafting Regulatory Legal Documents

1. By no later than January 20 each year, the Legal Affairs Department shall be responsible for drafting and submitting to the Minister for signing and promulgating the Decision approving the annual Program for Drafting Regulatory Legal Documents of the Ministry.

2. The Program includes the following main contents:

||| a) Name of the legal instrument that needs to be developed and issued;

b) Level of submission or issuance for each document;

c) Specific submission time down to the month for each document;

d) Leading unit in drafting for each document;

đ) Appraisal unit for each document;

e) Other necessary contents.

Article 20. Adjustment of the Program for Drafting Regulatory Legal Documents

1. Cases where the Program can be adjusted:

a) Regulatory legal documents added to the Program due to urgent management requirements or must be amended or supplemented according to newly issued documents to ensure the consistency of the legal system or to implement international treaties to which the Socialist Republic of Vietnam is a party;

b) Regulatory legal documents whose submission time is adjusted or removed from the Program due to no longer being necessary for issuance or due to new developments or changes in economic and social conditions.

2. By no later than June 15 each year, units assigned to lead the drafting shall submit a letter requesting adjustment of the Program to the Legal Affairs Department for review. The request letter for adjusting the Program must clearly state: name of the document to be adjusted, proposed adjustment content, reasons for adjustment.

For regulatory legal documents specified in point a Clause 1 of this Article, the procedures and formalities prescribed in Section 1 of this Chapter shall be followed.

3. The Legal Affairs Department shall be responsible for researching, compiling, providing opinions on the adjustment of the Program and submitting it to the Minister for consideration and promulgation of the Decision adjusting the Program.

4. In cases where necessary, the Legal Affairs Department shall review and evaluate the implementation of the Program up to December 1 each year and recommend to the Minister to remove from the Program those documents that cannot be completed within the year due to objective reasons.

Article 21. Compilation, Monitoring, Urging, and Reporting on the Implementation of the Program for Drafting Regulatory Legal Documents

||| Article 1. The leading unit responsible for drafting has the responsibility to:

a) Ensuring the progress, procedures, and quality of regulatory legal documents;

b) Implementing regular or ad hoc reporting systems on the implementation of the program for drafting regulatory legal documents to the Legal Affairs Department for consolidation and reporting to the Minister or competent authority.

For regulatory legal documents with delayed progress, the head of the unit must report detailing the reasons and causes of the delay, proposing remedial measures;

c) Time for submitting reports as follows:

For monthly reports, before the 20th day of each month;

For six-monthly reports, before June 2 each year;

For annual reports, November 15 each year;

d) Form of submitting reports: for monthly reports, legal affairs organizations are responsible for urging and consolidating the progress of drafting regulatory legal documents via email to the Legal Affairs Department;

For six-monthly and annual reports, units shall submit in writing and via email to the Legal Affairs Department for consolidation and reporting to the Ministry's leadership.

2. The Legal Department shall be responsible for:

a) Urging and compiling reports on the progress of implementing the Program for Drafting Regulatory Legal Documents of the Ministry;

b) Reporting to the Minister on issues arising during the implementation of the Program for Drafting Regulatory Legal Documents of the Ministry;

c) Before the 25th day of each month, reporting to the Minister on the progress of drafting regulatory legal documents.

3. The results of implementing the Program for Drafting Regulatory Legal Documents of the Ministry of Natural Resources and Environment are one of the criteria for competition and commendation of subordinate units of the Ministry annually.

Chapter IV

DRAFTING AND ISSUANCE OF NORMATIVE LEGAL DOCUMENTS

Article 22. Basis and responsibility for proposing the establishment of the Drafting Board, Editing Group, and Drafting Team

1. The establishment of the Drafting Board, Editing Group, and Drafting Team is based on one of the following grounds:

a) Written assignment from the competent authority;

b) The annual work program of the Government;

c) The annual program for drafting and promulgating regulatory legal documents of the Ministry of Natural Resources and Environment;

d) The annual and five-year program for drafting national technical standards, technical regulations, and economic-technical norms of the Ministry.

2. The unit responsible for drafting regulatory legal documents has the responsibility to propose the composition of the Drafting Board, Editing Group, and Drafting Team, seeking the opinion of the Legal Department before submitting to the Ministry's leadership for decision on establishing the Drafting Board, Editing Group, and Drafting Team.

Section 1. DRAFTING LAWS, ORDINANCES, RESOLUTIONS, DECREES, AND DECISIONS

Article 23. 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 according to the provisions of Articles 52, 53, and 54 of the Law on Issuing Regulatory Legal Documents, Article 26 of Decree No. 34/2016/NĐ-CP, and other relevant laws.

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

Article 24. Editing Group

1. In cases where the Drafting Board is established, the Chairperson of the Drafting Board establishes the Editing Group to assist the Drafting Board in performing its tasks. If the Drafting Board is not established and it is deemed necessary, the main drafting unit proposes and submits to the Ministry's leadership for decision on establishing the Editing Group.

2. The Editing Group operates under the direction and division of labor of the Chairperson of the Drafting Board or the head of the agency assigned to draft the document.

Members of the Editing Group include representatives of relevant subordinate units of the Ministry, the legal department of the Ministry, General Departments, Bureaus, including the focal point officer for administrative procedures of the main drafting unit (for draft regulatory legal documents containing administrative procedures); representatives of agencies and organizations whose representatives are members of the Drafting Board; experts and scientists knowledgeable about the specialized issues covered by the draft regulatory legal document.

3. For law and ordinance projects, the Head of the Editing Group is a member of the Drafting Board and the head of the main drafting unit. For other draft regulatory legal documents, the Head of the Editing Group is the leader of the main drafting unit.

4. The Head of the Editing Group is responsible to the Chairperson of the Drafting Board and the head of the agency assigned to draft the document regarding the progress and quality of the draft regulatory legal document.

Article 25. Drafting Process

1. Organizing the drafting of documents

a) During the drafting of regulatory legal documents as stipulated in points a, b, c, and d of Clause 2, Article 9 of this Circular, the unit assigned to draft the document must build and assess the impact of policies as provided in Article 10 of this Circular; assess the impact of administrative procedures (for draft regulatory legal documents containing administrative procedures); survey and study actual conditions at localities, bases, or abroad; assess the current social relations related to the main content of the draft regulatory legal document;

b) The unit assigned to draft the document is responsible for organizing the drafting of regulatory legal documents according to schedule and ensuring quality. Timely seek opinions and directives from the Deputy Minister in charge regarding important contents of the draft regulatory legal document.

2. Soliciting opinions on draft regulatory legal documents

a) Soliciting opinions is conducted through various forms: in writing, organizing conferences, seminars, roundtable discussions, soliciting opinions on the Government’s and the Ministry’s online portals;

b) The unit assigned to draft the document is responsible for submitting to the Ministry's leadership for comments on publishing and soliciting opinions from relevant organizations and individuals, including: draft Memorandum to the Government on the project, draft regulatory legal document, and the project; draft regulatory legal document;

c) Units to solicit opinions include: Ministries, sectors, localities, relevant subordinate units of the Ministry, affected entities; Vietnam Chamber of Commerce and Industry (for projects and draft regulatory legal documents related to the rights and obligations of enterprises); National Office for Standardization and Quality Control (for projects and draft regulatory legal documents related to technical barriers to trade); Administrative Procedure Supervision Bureau, Ministry of Justice (for draft documents containing administrative procedures); legal departments of units.

Subordinate units of the Ministry and legal departments of units when requested to participate in providing opinions have the responsibility to submit their opinions to the main drafting unit within the specified time; the head of the unit providing opinions must be responsible to the Minister for non-participation or delayed participation in opinions and any arising issues (if any) related to the content under the unit's management responsibility;

d) The unit assigned to draft the document is responsible for coordinating with the Ministry's Office to request publication on the Government’s and the Ministry’s online portals for at least 60 days, except for documents issued through simplified procedures, to allow agencies, organizations, and individuals to provide opinions.

3. Incorporating and perfecting the draft

a) The unit assigned to draft the document is responsible for consolidating, studying, incorporating, and explaining opinions from agencies, organizations, and individuals; in cases where opinions are not incorporated, the main drafting unit must provide specific explanations.

The incorporation of opinions on administrative procedures in draft regulatory legal documents is reflected as a separate part in the document incorporating and explaining opinions.

b) After revising the project and draft regulatory legal document, the unit responsible for drafting shall report and seek guidance from the Head of the Drafting Board on the progress, content, complex issues, and differing opinions regarding the draft regulatory legal document.

After receiving guidance from the Head of the Drafting Board, the head of the unit responsible for drafting and the Editorial Team shall be responsible for revising the project and draft regulatory legal document. In cases where there are still complex issues or differing opinions, they shall report to the Ministry's leadership for consideration and guidance before adopting and revising the project and draft regulatory legal document. The drafting unit may continue to solicit the opinions of relevant agencies, units, organizations, and individuals inside and outside the Ministry to further improve the project and draft regulatory legal document.

4. Submitting the draft regulatory legal document for review

a) The unit responsible for drafting shall submit one set of project and draft regulatory legal document files in accordance with Article 26 of this Circular to the Legal Department for examination and opinion prior to submitting to the Ministry's leadership for examination and signature to send to the Ministry of Justice for review and to the Ministry's Office for publication of the revised draft legal document and explanatory report on the Government's electronic portal and the Ministry of Natural Resources and Environment's electronic portal.

b) Within three working days from the date of receipt of the draft regulatory legal document file, the Legal Department shall be responsible for examining the file and providing comments on the submission form.

During the examination process, if necessary, the Legal Department shall work with the drafting unit to exchange and clarify issues related to the legal document file. In case of disagreement, the Legal Department shall report to the Minister or Deputy Minister in charge for consideration and decision.

5. Studying, adopting review comments, and perfecting the project and draft regulatory legal document

a) The unit responsible for drafting shall take the lead and coordinate with the Legal Department to study, adopt, and explain the review comments of the Ministry of Justice to revise and perfect the project and draft regulatory legal document.

b) Complete the file in accordance with Article 27 of this Circular and submit it to the Legal Department for examination and comment before presenting to the Minister for examination and decision to sign and submit to the Government, Prime Minister, and send to the Ministry of Justice.

Article 26. File for Regulatory Legal Documents Requesting Review

1. Letter requesting review of the project and draft regulatory legal document.

2. Report to the Government on the project and draft law, ordinance, resolution, decree; Report to the Prime Minister for decisions.

3. Project and draft law, ordinance, resolution, decree, decision.

4. Assessment of administrative procedures in the project and draft document (if the project and draft document contain provisions on administrative procedures).

5. Report on integrating gender equality issues in the project and draft (if the project and draft contain provisions related to gender equality issues).

6. Summary, explanation, and adoption of comments; copies of comments from ministries and equivalent agencies.

7. Resolution of the Government approving policies in the proposal for the decree (if applicable).

8. Policy impact assessment report (if applicable).

9. Other documents (if applicable).

Documents specified in Clause 2 and Clause 3 of this Article shall be submitted in paper form, while the remaining documents shall be submitted electronically.

Article 27. Documents to be submitted to the Government and the Prime Minister for regulatory legal documents

1. The documents as prescribed in Clauses 2, 4, 5, 6, 7, 8 and Clause 9, Article 26 of this Circular.

2. Draft projects and draft documents after incorporating feedback and completing improvements.

3. Evaluation report; report on explaining the incorporation of evaluation opinions.

Section 2. DRAFTING OF CIRCULARS AND JOINT CIRCULARS

Article 28. Establishment of the Drafting Team

1. The unit entrusted with the main responsibility for drafting shall proactively propose the establishment of the Drafting Team based on the provisions of Article 22 of this Circular, and submit the draft decision on establishing the Drafting Team for consideration and approval by the Ministry's leadership.

2. Members of the Drafting Team include:

a) The head of the Drafting Team is the leader of the unit entrusted by the Minister with the main responsibility for drafting;

b) Members of the Drafting Team consist of representatives from relevant subordinate units of the Ministry, the legal affairs organization of the Ministry, General Department, Bureau, specialized experts and scientists knowledgeable about the professional issues within the content of the draft regulatory legal document.

In cases where the draft regulatory legal document is primarily drafted by a public service unit under the Ministry, the deputy head of the Drafting Team is the leader of the General Department or Bureau assigned by the Ministry to perform state management functions in that field.

For draft regulatory legal documents containing administrative procedures, members of the Drafting Team must include the focal point officer responsible for supervising administrative procedures from the drafting unit.

For technical regulations, technical standards, economic-technical norms, the unit entrusted with the main responsibility for drafting shall have the duty to invite officials from the Science and Technology Department and the Planning Department to participate as members of the Drafting Team.

For documents containing provisions related to information technology, the unit entrusted with the main responsibility for drafting shall have the duty to invite officials from the Information Technology Department to participate as members of the Drafting Team.

For documents containing provisions related to matters concerning the implementation of international treaties to which the Socialist Republic of Vietnam is a party, the unit entrusted with the main responsibility for drafting shall have the duty to invite officials from the International Cooperation Department to participate as members of the Drafting Team.

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 legal document; directing, assigning, and managing activities to ensure the quality of the drafted document and the progress of its 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) Be responsible for their comments as members of the Drafting Team and coordinating units in drafting the document; report to the unit's leadership and propose solutions to resolve issues with differing opinions during the drafting process;

d) Propose opinions related to the contents of the document and the drafting process.

5. The Drafting Team must organize at least three meetings throughout the entire drafting process.

6. In cases where necessary, for urgent issues not included in the Program for Building Regulatory Legal Documents within the Ministry’s jurisdiction, the unit entrusted with the main responsibility for drafting or proposing the drafting may, upon consultation with the Legal Affairs Department and approval by the Minister, opt not to establish a Drafting Team.

Article 29. Drafting process for Circulars

1. Organizing the drafting of documents

a) For Circulars prescribing measures to implement State management functions of Ministries, the entity responsible for drafting must assess the impact of policies in the draft regulatory legal document (if applicable); assess the administrative procedure impact on the draft Circular that the Law assigns with administrative procedures provisions;

b) Organize the drafting of Circulars according to schedule, ensuring quality. Timely seek opinions and directives from Ministry Leaders regarding important contents of the draft Circular.

2. Organizing to solicit opinions

a) The entity responsible for drafting submits to the Ministry Leaders for consideration and decision to solicit opinions on the draft Circular (for Circulars requiring opinions from agencies and organizations outside the Ministry) and sends to the Ministry Office to request publication on the Government Portal and the Ministry of Natural Resources and Environment Portal for at least 60 days. The opinion solicitation dossier includes: draft Memorandum to the Minister on issuing the Circular; draft Circular;

b) The draft Circular must be solicited for opinions from relevant agencies, organizations, individuals, direct subjects affected by the document; legal affairs organization (in case the entity has a legal affairs organization) through direct consultation or sending the draft for comments.

In cases where the draft Circular contains administrative procedures, in addition to participating in commenting on the draft content, the Legal Affairs Department is responsible for providing opinions on administrative procedures for the draft Circular containing administrative procedures;

c) For draft Circulars related to the rights and obligations of citizens and businesses, the entity responsible for drafting submits a letter to the Ministry Leaders to solicit opinions from the Ministry of Justice, relevant Ministries and sectors, and the Vietnam Chamber of Commerce and Industry.

3. The entity responsible for drafting is responsible for studying, adopting, and explaining comments; simultaneously compiling data and results into the Memorandum for issuing the Circular. In cases where there are complex issues and differing opinions, report to the Ministry Leaders for review and directive before adoption and revision of the draft. If deemed necessary, the entity responsible for drafting may continue to solicit participation opinions from agencies, units, organizations, and individuals inside and outside the Ministry.

Article 30. Dossier for Review

1. Review documentation includes:

a) A letter requesting review;

b) Draft Memorandum to the Minister on issuing the Circular;

c) Draft document after incorporating opinions from agencies, organizations, and individuals;

d) Summary of explanations and incorporation of opinions from agencies, organizations, and individuals; explanation of comments from the Legal Affairs Department on administrative procedures provisions in the draft Circular (if applicable); copies of comments from agencies, organizations, and individuals;

đ) Impact assessment report on administrative procedures in the draft Circular (if applicable); Policy impact assessment report (if applicable); Report on integrating gender equality issues (if applicable);

e) Opinions of legal affairs organizations under General Departments and Bureaus of the Ministry on draft Circulars drafted by General Departments and Bureaus;

g) Review opinions and explanations on incorporating review and technical examination opinions for draft Circulars prescribing technical standards, technical regulations, economic-technical norms;

h) Comments and explanations on incorporating comments from General Departments assisting the Minister in performing State management functions in the fields for draft Circulars drafted by public service units;

i) Other related documents (if applicable).

2. Number of dossiers: two sets or according to the number of members of the Review Board (in case a Review Board is established) and an electronic copy.

Article 31. Review of draft circulars

1. The leading unit responsible for drafting shall prepare the dossier in accordance with Clause 1, Article 30 of this Circular and submit it to the Legal Affairs Department for review. In cases where the leading unit responsible for drafting is a public service unit, it must obtain the consent of the General Department or the Department assigned to assist the Minister in exercising state management functions in the relevant field before submitting the dossier to the Legal Affairs Department for review. If the review dossier does not meet the requirements stipulated in Clause 1, Article 30 of this Circular, within no more than two working days, the Legal Affairs Department shall request the unit responsible for drafting to supplement the dossier.

2. The Legal Affairs Department shall be responsible for organizing the review of draft circulars according to the contents prescribed in Clause 3, Article 102 of the Law on Issuing Legal Normative Documents before presenting them to the Minister for consideration and signing for promulgation within the following time limits:

a) Within no more than seven working days from the date of receiving a complete and valid dossier, except in the case provided for in point b of this Clause;

b) Within no more than ten working days from the date of receiving a complete and valid dossier for draft circulars that are complex and regulate state management contents of the sector or field.

3. The review and examination of technical expertise for draft circulars regulating technical matters, technical standards, and economic-technical norms shall be carried out as follows:

a) The Science and Technology Department shall be responsible for reviewing and examining the technical expertise for draft circulars regulating technical matters and technical standards. The dossier for requesting review and examination includes: A letter requesting review and examination; the draft report to the Minister; the draft document after incorporating opinions from agencies, organizations, and individuals; a summary of explanations and incorporation of opinions from agencies, organizations, and individuals; copies of opinions from agencies, organizations, and individuals (if any); other related documents (if any).

Within ten working days from the date of receiving a complete and valid dossier, the Science and Technology Department shall be responsible for reviewing the technical expertise for draft circulars regulating technical matters and examining draft technical standards, and returning the dossier to the leading unit for drafting to perfect the document. For complex technical regulations and technical standards, the review and examination period may be extended, but not exceeding fifteen working days;

b) The Planning Department shall be responsible for reviewing the technical expertise for draft circulars regulating economic-technical norms. The dossier for requesting review includes: A letter requesting review; the draft report to the Minister; the draft document after incorporating opinions from agencies, organizations, and individuals; a summary of explanations and incorporation of opinions from agencies, organizations, and individuals; copies of opinions from agencies, organizations, and individuals (if any); technical regulations already published or issued by competent authorities; other related documents (if any).

Within ten working days from the date of receiving a complete and valid dossier, the Planning Department shall be responsible for reviewing the technical expertise for draft circulars regulating economic-technical norms and returning the dossier to the leading unit for drafting to perfect the document. For complex economic-technical norms, the review period may be extended, but not exceeding fifteen working days;

c) The leading unit responsible for drafting shall be responsible for incorporating the technical review and examination opinions of the Science and Technology Department; the Planning Department, and perfecting the dossier in accordance with Clause 1, Article 30 of this Circular, and submitting it to the Legal Affairs Department for legal review.

4. For Circulars that directly affect the rights, obligations, and interests of citizens, businesses, or involve multiple state management fields of the Ministry, and Circulars drafted by the Legal Affairs Department, the review process shall be conducted through a Consultative Review Board.

The Legal Affairs Department shall be responsible for proposing the composition of the Consultative Review Board, including representatives of relevant agencies and units, experts, and scientists. The Consultative Review Board ceases its activities and dissolves itself after completing the review process. Members of the Consultative Review Board shall be responsible for studying the draft circular and providing their opinions at the consultative review meeting or in writing to the Legal Affairs Department.

Article 32. Submission for issuance of Circulars

1. Documents for submission for issuance of Circulars include:

a) Documents as prescribed at Points b, d, đ, e, g, h, and Point i Clause 1 Article 30 of this Circular;

b) Draft Circular after incorporating comments from the review and verification process and opinions of agencies, organizations, and individuals;

c) Review document of the Legal Department and explanations on incorporating review comments;

2. Submission for issuance of Circulars:

a) The head of the unit responsible for drafting shall submit to the Minister and bear responsibility for the content and feasibility of the document;

b) For draft Circulars primarily drafted by public service units, the leadership of the General Department, Bureau shall assist the Minister in performing state management functions in their respective fields and co-submit with the unit responsible for drafting;

c) For draft technical regulations, technical standards, economic-technical norms, documents for submission for issuance of Circulars must have the signature of the leader of the Planning Department (for economic-technical norms) and the Science and Technology Department (for technical regulations and standards);

d) The Legal Department shall co-submit the draft Circular and be responsible for its consistency and conformity with existing laws;

đ) The draft Circular must have the opinion of the Deputy Minister in charge of the relevant field before submitting to the Minister;

Article 33. Drafting and Issuance of Joint Circulars

1. In cases where the Ministry of Natural Resources and Environment is the leading agency, the organization of drafting the document shall be carried out according to the provisions of Section 2, Chapter IV of this Circular and sent to the legal department of the joint issuing agency for review of the draft joint circular;

2. In cases where the Ministry of Natural Resources and Environment participates in drafting joint circulars, it shall be implemented as follows:

a) If the content of the draft joint circular relates to the functional scope of management of a particular unit, that unit shall be responsible for coordinating; if the content of the draft joint circular involves two or more areas, the Legal Department shall be responsible for reporting to the Ministry's leadership to assign a functional unit of the Ministry to coordinate in drafting the joint circular;

b) The unit assigned by the Ministry to coordinate in drafting the joint circular shall be responsible for coordinating with the leading agency in drafting the document; obtaining the review opinion of the Legal Department and transferring it to the leading agency for incorporation and explanation; completing the draft and documents before submitting to the Minister and the head of the leading agency for joint issuance;

Section 3. DISTRIBUTION, SUPPLY OF INFORMATION FOR BUILDING PRESS RELEASES; ANNOUNCEMENTS; UPDATING DOCUMENTS

Article 34. Distribution of legal normative documents in the form of Circulars

1. After the document has been signed by the Ministry's leadership, the unit responsible for drafting shall be responsible for sending the signed document along with the electronic version to the Ministry's Office and bear responsibility for the accuracy of the electronic version compared to the original Circular;

2. The Ministry's Office shall be responsible for numbering the Circular, affixing seals, archiving, duplicating, and distributing the Circular to agencies, organizations, and individuals according to the "recipients" list and returning the submitted documents to the drafting unit;

Article 35. Provision of Information for Drafting Press Releases

1. Within three working days from the date the Government Decree or Prime Minister Decision is signed and issued, the leading drafting unit shall be responsible for sending information to the Legal Department for building the Press Release. Information submission for the Press Release shall be conducted through official letters and email;

2. Within two working days from the date of receiving information from units as stipulated in Clause 1 of this Article, the Legal Department shall be responsible for compiling and providing information to the Ministry of Justice about legal normative documents of the Government and Prime Minister entrusted to the Ministry of Natural Resources and Environment for drafting to serve the construction of the Press Release

Article 36. Publishing the Gazette for Circulars

1. The publication in the Gazette, sending, and disseminating Circulars shall be carried out in accordance with the provisions of the Law on Issuing Legal Normative Documents, Decree No. 34/2016/NĐ-CP, and regulations concerning the protection of state secrets.

2. Within the latest period of three working days from the date the Minister signs to issue the Circular, the Ministry's Office shall be responsible for sending the original paper copy and the electronic version of the Circular to the Government's Office; uploading it onto the Ministry’s electronic information portal, except for documents containing state secrets.

Article 37. Updating Legal Normative Documents into the National Legal Database

1. Within the latest period of two working days from the date the Minister signs to issue the Circular or from the date of receiving the Legal Normative Document assigned by the Ministry of Natural Resources and Environment to draft and which falls within the authority to issue by the National Assembly, Standing Committee of the National Assembly, Government, or Prime Minister, the Ministry's Office shall send the electronic version of the Legal Normative Document to the Department of Legal Affairs for uploading onto the national legal database.

2. Within the latest period of fifteen working days from the date of receipt of the document from the Ministry's Office, the Department of Legal Affairs shall be responsible for uploading the document onto the national legal database.

3. The Department of Legal Affairs shall take the lead and coordinate with the Information Technology Department and the Ministry's Office to update Legal Normative Documents and administrative procedures on the Ministry of Natural Resources and Environment’s electronic information portal.

Article 38. Amending, Supplementing, Replacing, Abolishing, or Suspending the Enforcement of Legal Normative Documents within the Authority of the Minister

1. Legal Normative Documents within the authority of the Minister to issue can only be amended, supplemented, replaced, or abolished by another Legal Normative Document issued by the Minister, jointly issued, or suspended or abolished by a document of a competent state agency.

2. A Legal Normative Document amending, supplementing, replacing, abolishing, or suspending the enforcement of another document must clearly specify the name of the document, article, clause, or point being amended, supplemented, replaced, abolished, or suspended.

Article 39. Announcing and Publicly Displaying Administrative Procedures

1. All administrative procedures, after being issued, amended, supplemented, replaced, or abolished, must be publicly announced through a Decision of the Minister in accordance with Decree No. 63/2010/NĐ-CP; Decree No. 48/2013/NĐ-CP; Circular No. 05/2014/TT-BTP dated February 7, 2014, issued by the Minister of Justice guiding the announcement, public display of administrative procedures, and reporting on the implementation and results of administrative procedure control (hereinafter referred to as Circular No. 05/2014/TT-BTP).

2. The process of drafting and issuing the Decision to announce administrative procedures shall be carried out in accordance with the provisions of Circular No. 05/2014/TT-BTP.

3. Publicly displaying administrative procedures:

a) The scope, requirements, and methods for publicly displaying administrative procedures shall be implemented in accordance with the provisions of Circular No. 05/2014/TT-BTP;

b) Units under the Ministry that have the function of handling administrative procedures for organizations and individuals shall be responsible for publicly displaying these procedures in accordance with the regulations;

c) The Department of Legal Affairs shall be responsible for guiding, inspecting, and urging units to publicly display administrative procedures.

Article 40. Correction of regulatory legal documents

1. After being issued and published in the Official Gazette, if errors are discovered, corrections must be made. The correction must be reflected in a decision of the Minister and must be published in the Official Gazette.

2. Corrections to issued circulars or those published in the Official Gazette 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 errors in the format and presentation techniques of regulatory legal documents. Corrections shall not apply to errors in the basis for issuance, authority, or content of regulatory legal documents.

3. The unit responsible for drafting has the responsibility to coordinate with the Legal Department to draft the correction decision for the circular to be submitted to the Ministry's leadership.

Chapter V

CONSOLIDATION, CODIFICATION AND TRANSLATION OF REGULATORY LEGAL DOCUMENTS

Article 41. Consolidation of regulatory legal documents

1. Regulatory legal documents that amend or supplement certain articles of other regulatory legal documents must be consolidated with the amended or supplemented documents including:

a) Regulatory legal documents of the Government, Prime Minister, joint resolutions between the Government and the Central Committee of the Vietnam Fatherland Front related to natural resources and environment drafted by the Ministry of Natural Resources and Environment;

b) Circulars of the Minister and joint circulars drafted by the Ministry of Natural Resources and Environment.

2. Procedure for consolidation of documents

a) Within two working days from the date of receipt of the document specified in point a, Clause 1 of this Article and from the date of signing for issuance for the document specified in point b, Clause 1 of this Article, the main drafting unit shall carry out consolidation of the document according to the provisions of the Law on Consolidation of Regulatory Legal Documents and send it to the Legal Department;

b) Within two working days from the date of receipt of the consolidated document draft, the Legal Department shall check the accuracy of the content and technical consolidation of the consolidated document draft sent by the main drafting unit;

c) Within one working day from the date of receipt of the Legal Department's comments, the unit assigned to be the main drafting unit shall complete the consolidated document draft, submit it to the Minister for verification signature;

d) Within two working days from the date of verification signature, the unit assigned to be the main drafting unit shall send the consolidated document for the document specified in point a, Clause 1 of this Article to the Ministry Office to send to the Government Office for publication in the Official Gazette and on the Government’s electronic portal.

Within two working days from the date of verification signature, the main drafting unit shall send the consolidated document for the document specified in point b, Clause 1 of this Article to the Ministry Office to publish the consolidated document on the Ministry’s electronic portal.

3. The unit responsible for consolidating documents shall report periodically every six months, annually, or at any time on the implementation of the consolidation of regulatory legal documents of its unit to the Legal Department for consolidation and reporting to the Ministry's leadership.

Article 42. Codification of legal systems

1. The Legal Department shall take the lead and coordinate with specialized units under the Ministry to codify legal provisions in regulatory legal documents issued or primarily drafted by the Ministry.

2. The codification of legal systems in the field of natural resources and environment shall be carried out in accordance with the laws on codification of legal systems.

3. The Legal Department shall take the lead and coordinate with specialized units under the Ministry to examine and propose measures to handle recommendations from agencies, organizations, and individuals regarding the codification of legal systems within the Ministry's administrative management, and submit them to the Ministry of Justice for handling.

Article 43. Translation of Documents

1. The Legal Affairs Department shall take the lead and coordinate with relevant units under the Ministry to cooperate with the Vietnam News Agency to translate legal normative documents specified in Clause 1, Article 102 of Decree No. 34/2016/NĐ-CP, which were drafted by the Ministry of Natural Resources and Environment, and if conditions permit, they may be translated into English or another foreign language to serve international economic integration and international cooperation on investment in the natural resources and environment sector.

2. The translation of legal normative documents shall be carried out in the form of hiring organizations or individuals with appropriate expertise.

3. Translations of legal normative documents into English or another foreign language must ensure the spirit of the original document, guarantee the accuracy of the content of the translated document, and only have reference value.

Chapter VI

REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS

Article 44. Objectives and Responsibilities for Review and Systematization of Documents

1. Documents subject to review and systematization include those specified in Clause 2, Article 1 of this Circular.

2. Heads of legal affairs units under subordinate units of the Ministry shall coordinate with specialized units under their own units to review and systematize documents related to the industry and field of state management of their agencies and units.

3. The Legal Affairs Department shall be responsible for urging, guiding, and compiling the results of the review and systematization of documents common to the Ministry.

Annually, submit to the Ministry's leadership for approval and publication of the results of the review and systematization of legal normative documents within the scope of the Ministry of Natural Resources and Environment’s state management functions.

Article 45. Time for Review and Systematization of Documents

1. The review and systematization of legal normative documents shall be conducted according to the provisions of Article 138 of Decree No. 34/2016/NĐ-CP.

Before December 31 each year, the Legal Affairs Department shall take the lead and coordinate with relevant units to develop plans for reviewing and systematizing legal normative documents of the Ministry for the following year and submit them to the Ministry's leadership for signature and issuance.

2. The comprehensive review and systematization of legal normative documents shall be carried out according to the plan of the Government.

Article 46. Content, Procedure, Basis, Method of Review and Systematization of Documents; Handling Results of Document Review

The content, procedure, basis, method of review and systematization of documents; handling results of legal normative document review shall be implemented according to the provisions in Section 2, Section 3, and Section 5 of Chapter IX of Decree No. 34/2016/NĐ-CP.

Chapter VII

INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS

Article 47. Contents of Document Inspection

1. Inspection of authority to issue documents, including formal authority and substantive authority:

a) Formal authority means that agencies or persons with authority can only issue documents in accordance with the prescribed form (name) of legal normative documents as stipulated for such agencies or persons in the Law on Issuing Legal Normative Documents;

b) Substantive authority means that agencies or persons with authority can only issue documents with content appropriate to their authorized powers as permitted by law or delegated to them.

2. Inspection of the content of documents.

a) Circulars and joint circulars issued by the Minister of Natural Resources and Environment or jointly issued must comply with the Constitution, laws, resolutions of the National Assembly; ordinances, resolutions, joint resolutions of the Standing Committee of the National Assembly; decrees, joint resolutions of the Government; decisions of the Prime Minister, and circulars of Ministers, heads of ministerial-level agencies regarding the fields managed by such Ministers or heads of ministerial-level agencies;

b) Resolutions of provincial People's Councils and local authorities in special administrative-economic zones regarding the fields managed by the Ministry of Natural Resources and Environment must comply with the Constitution, laws, resolutions of the National Assembly; ordinances, resolutions, joint resolutions of the Standing Committee of the National Assembly; decrees, joint resolutions of the Government; decisions of the Prime Minister, and circulars, joint circulars of the Minister of Natural Resources and Environment;

c) Decisions of provincial People's Committees regarding the fields managed by the Ministry of Natural Resources and Environment must comply with central government documents and resolutions of provincial People's Councils;

d) Circulars issued by Ministers or heads of ministerial-level agencies regarding the fields managed by the Ministry of Natural Resources and Environment must comply with higher-ranking legal normative documents and be consistent with circulars, joint circulars of the Minister of Natural Resources and Environment;

đ) Legal normative documents of local authorities in special administrative-economic zones regarding the fields managed by the Ministry of Natural Resources and Environment must comply with central government documents and resolutions of local People's Councils in special administrative-economic zones;

e) Documents issued by state agencies or persons with authority must ensure requirements not to hinder the implementation of international treaties to which the Socialist Republic of Vietnam is a member.

3. Inspection of grounds for issuance; format and presentation techniques; procedures and processes for drafting and issuing documents.

a) Legal bases for issuing documents must be ensured according to the provisions of Article 61 of Decree No. 34/2016/NĐ-CP;

b) Documents issued must be presented correctly in accordance with the format and techniques stipulated in Chapter V of Decree No. 34/2016/NĐ-CP;

c) Documents issued must comply fully with all regulations on procedures and processes for drafting and issuing documents as stipulated by law.

Article 48. Time of Inspection

1. Immediately after the issuance of normative legal documents.

2. When requested or upon receiving suggestions from agencies, organizations, or individuals.

3. In accordance with the inspection and handling plan for normative legal documents by competent state agencies.

Article 49. Procedure for Self-inspection and Handling of Normative Legal Documents Immediately After the Minister's Issuance or Joint Issuance

1. The Legal Department shall be responsible for organizing self-inspections of documents immediately after the Minister's issuance, in coordination with the unit assigned to draft the documents.

2. The legal basis for determining the illegal content of the document being inspected is stipulated in Article 107 of Decree No. 34/2016/NĐ-CP.

3. In cases where it is found that the document contains content inconsistent with Article 47 of this Circular, the Legal Department shall notify and coordinate meetings with the drafting unit and the unit responsible for submitting the document to unify illegal contents or those no longer appropriate; agree on measures to handle illegal contents or those no longer appropriate in the inspected document (suspending, amending, partially or entirely revoking the content of the document) to report to the Ministry’s Leadership for consideration and decision.

If the Legal Department and the drafting unit cannot reach an agreement on handling the illegal document, the drafting unit must provide an explanation in writing. The Legal Department is responsible for proposing measures to handle the document.

4. The Deputy Minister assigned to draft the document shall be responsible for reviewing and submitting to the Minister for timely handling of illegal documents issued by the Ministry.

Article 50. Procedure for Inspection and Handling of Documents Containing Legal Provisions Issued Incorrectly in Form or Authority

1. Upon receipt of notification from the Ministry, equivalent ministries, or requests, suggestions from agencies, organizations, individuals, and mass media regarding documents issued by the Ministry of Natural Resources and Environment that appear to be illegal or no longer appropriate, or conclusions from the Ministry of Justice concerning documents containing legal provisions but not issued in the form of normative legal documents or in the format of normative legal documents but not issued by the Minister; the Ministry’s Leadership assigns tasks to the unit responsible for drafting the document or coordinates with the unit submitting the document (in cases where the drafting unit is a subordinate entity of the Ministry) to conduct self-inspection and submit the self-inspection report to the Legal Department for comments.

2. The Legal Department conducts independent self-inspection and responds to the unit responsible for drafting the document.

3. Before submitting the self-inspection report to the Ministry’s Leadership, the drafting unit sends the report to the Legal Department for review and comments.

4. The Ministry’s Leadership reviews, concludes, and notifies the handling results of the document to the Ministry, equivalent ministries, or agencies, organizations, individuals, and mass media that have reported, requested, or suggested.

5. The deadline for self-inspection and handling of documents according to this provision is 30 days, starting from the date of receipt of the notification from the Ministry, equivalent ministries, or requests, suggestions from organizations or individuals.

Article 51. Procedure for inspecting and handling documents by territorial area, topic, sector, or field

1. Based on the approved plan or at the request of the competent authority, the Legal Department shall draft a decision to establish an inspection team, submit it to the Ministry's leadership for signing the decision to establish the inspection team. The decision to establish the inspection team includes the following contents:

a) Composition of the inspection team (Team Leader, Deputy Team Leader, Secretary, and members). The Team Leader is the leader of the Legal Department; members of the inspection team; representatives from units managing fields related to the proposed inspected documents that have signs of violating the law).

b) Tasks and powers of the inspection team;

c) Organizations and individuals subject to inspection;

d) Inspection time;

đ) Budget for conducting inspections.

2. Prior to conducting inspections, the inspection team shall contact the inspected agencies or units regarding the program and inspection time at least 10 working days before the inspection begins.

3. Provincial People's Committees, municipalities directly under the Central Government, Ministries, agencies equivalent to Ministries, or local authorities in special administrative-economic zones (having documents to be inspected) shall be responsible for preparing relevant content and files according to the requirements of the Ministry of Natural Resources and Environment.

4. The inspection team shall conduct inspections and verify information and documents to serve as the basis for concluding inspection contents. The inspection team is responsible for recording minutes and confirming signatures on the inspection minutes immediately after the inspection session ends.

5. Immediately after the inspection period ends, the team secretary shall draft the inspection conclusion minutes based on the inspection minutes, submit them to the Team Leader for review and approval.

6. Within the latest 15 working days from the end of the inspection period, the Legal Department shall report to the Ministry's leadership on the inspection conclusions and propose handling measures to notify the inspected agency and the agency specified in Clause 3, Article 52 of this Circular for consideration and handling as prescribed.

Article 52. Procedure for inspecting and handling legal normative documents within the jurisdiction of Ministries, agencies equivalent to Ministries; People's Councils, Provincial People's Committees; local authorities in special administrative-economic zones

1. Immediately after the issuance of legal normative documents related to natural resources and environment within the jurisdiction of Ministries, agencies equivalent to Ministries; People's Councils, Provincial People's Committees, local authorities in special administrative-economic zones, the Legal Department shall advise the Minister to organize inspections in accordance with Article 115 of Decree No. 34/2016/NĐ-CP.

2. Report to the Ministry's leadership on the results of inspecting legal normative documents as stipulated in Clause 1 of this Article. In cases where legal normative documents violate laws or are no longer appropriate, report to the Ministry's leadership to propose handling measures for illegal legal normative documents as stipulated in Clause 3 of this Article.

3. Handling illegal documents

a) Recommend the Minister, head of an agency equivalent to a Ministry to suspend the implementation or revoke entirely or partially the document issued by the Minister authorized to inspect under Clause 1 of this Article that has signs of violating the law. If not implemented according to the recommendation, submit to the Prime Minister for decision;

b) Submit to the Prime Minister for decision to suspend the implementation of part or all of the resolution of the Provincial People's Council issued by the Minister authorized to inspect under Clause 1 of this Article that violates the law, while recommending the National Assembly Standing Committee to revoke;

c) Submit to the Prime Minister for decision to suspend the implementation of part or all of the resolution of the Provincial People's Committee; local authorities in special administrative-economic zones issued by the Minister authorized to inspect under Clause 1 of this Article that violates the law.

Article 53. Announcing the Results of Handling Unlawful Legal Documents

1. After handling a document containing unlawful content according to the provisions (including cases where the document is handled through correction), the Legal Department shall be responsible for publicly announcing the decision on handling the document containing unlawful content as prescribed in Article 109 of Decree No. 34/2016/NĐ-CP; publishing and posting on the electronic portal/information website of the issuing agency or affixing according to the provisions of Article 98 of Decree No. 34/2016/NĐ-CP.

2. The public announcement of the results of handling unlawful documents as stipulated in Clause 1 of this Article also applies to the results of handling unlawful documents of the Ministry of Natural Resources and Environment self-inspecting documents issued by itself.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 54. Effective Date

1. This Circular takes effect from January 1, 2017.

2. Circular No. 46/2014/TT-BTNMT dated August 1, 2014, of the Minister of Natural Resources and Environment regarding the construction and issuance of legal normative documents within the scope of state management of the Ministry of Natural Resources and Environment shall cease to be effective from the date this Circular takes effect.

Article 55. Implementation Organization

1. The Legal Department shall be responsible for monitoring, evaluating, organizing, and inspecting the implementation of this Circular.

2. Units under the Ministry and relevant organizations and individuals are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall reflect them to the Ministry of Natural Resources and Environment (through the Legal Department) for consolidation and submission to the Minister for consideration and decision./.