Circular No. 38/2011/TT-NHNN on amending and supplementing certain articles of Circular No. 13/2009/TT-NHNN dated July 3, 2009 regarding the procedures and formalities for drafting and promulgating normative legal documents of the State Bank of Vietnam.

CIRCULAR

Regarding amending and supplementing certain Articles of Circular No. 13/2009/TT-NHNN dated July 3, 2009 on the procedures for drafting and promulgating normative legal documents of the State Bank of Vietnam

The State Bank of Vietnam amends and supplements certain Articles of Circular No. 13/2009/TT-NHNN dated July 3, 2009 on the procedures for drafting and promulgating normative legal documents of the State Bank of Vietnam (referred to as Circular No. 13), specifically as follows:

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

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

Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

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;

Article 1. Supplement Article 19a and amend and supplement Article 21 as follows:

1. Supplement Article 19a:

"Article 19a. Soliciting opinions and assessing impacts on administrative procedures in projects and draft normative legal documents For projects and draft normative legal documents containing provisions on administrative procedures, the main drafting units and the Office of the State Bank (hereinafter referred to as the Office) must implement the regulations on administrative procedure control under Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (referred to as Decree No. 63) and the guidance of the Office of the Government, specifically as follows:
1. Soliciting opinions:
a) Before sending for review, the main drafting units must: - Solicit opinions from the Administrative Procedure Control Agency regarding administrative procedures stipulated in the project of normative legal documents submitted to the National Assembly, the Standing Committee of the National Assembly, and draft normative legal documents within the promulgation authority of the Government,
2. Amend and supplement Clause 1, 2 and 4 of Article 21 as follows:

"1. The Legal Department shall be responsible for reviewing draft circulars prepared by units under the State Bank before submitting them to the Governor for signature and issuance according to the provisions of Article 49 of Decree No. 24. In cases where draft circulars contain provisions on administrative procedures, if necessary, the Legal Department may request the Office to participate in reviewing the content of administrative procedures stipulated in the draft circulars.
2. Main drafting units shall be responsible for implementing the provisions of Clause 1 of Article 50 of Decree No. 24 and preparing the review files to be sent to the Legal Department. The review file includes:
b) Draft report to the Governor, specifying the necessity of issuing the document; the subject and scope regulated by the document; the drafting process and solicitation of opinions from agencies, units, organizations, and individuals; issues with differing opinions; explanation of the basic content of the document, including the objectives and key policy issues to be resolved, various solutions to these issues, positive and negative impacts of the solutions based on qualitative or quantitative analysis of costs and benefits, clearly stating the optimal solution to resolve the issue.
a) A letter requesting review;
c) Summary of opinions and explanations on the adoption or non-adoption of opinions from agencies, units, organizations, and individuals solicited for opinions;
d) Draft document after incorporating opinions from agencies, units, organizations, and individuals;
e) For draft circulars containing provisions on administrative procedures, in addition to the components specified in points a, b, c, d, and e of this clause, the review file must also include an impact assessment on administrative procedures and a report explaining the adoption of opinions on the provisions on administrative procedures in the draft circular."
đ) Other related documents (if any);
"4. Content of review:

a) The Legal Department shall be responsible for reviewing draft documents according to the contents stipulated in Clause 3 of Article 36 of the Law on Issuing Normative Legal Documents.
b) For draft circulars containing provisions on administrative procedures, in addition to the review content stipulated in point a of this clause, the review shall be conducted according to the provisions of Clause 1 and Clause 2 of Article 11 of Decree No. 63."
1. This Circular takes effect from January 27, 2012.

2. For draft normative legal documents containing provisions on administrative procedures that were drafted and issued prior to the effective date of this Circular, they shall be implemented according to the provisions of Decree No. 63 and the guidance of the Office of the Government.

Article 2. Implementation

3. The Head of the Office, the Director of the Legal Department, and the Heads of units under the State Bank shall be responsible for enforcing this Circular.

2. For draft regulatory legal documents containing provisions on administrative procedures that are drafted and issued before the effective date of this Circular shall be implemented in accordance with Decree No. 63 and the guidance of the Government Office.

3. The Director of the Office, the Head of the Legal Department, and the Heads of units under the State Bank are responsible for implementing this Circular.