Circular No. 47/2017/TT-BGTVT amending and supplementing certain Articles of Circular No. 21/2016/TT-BGTVT dated August 25, 2016, issued by the Minister of Transport on the construction, issuance, consolidation of normative legal documents, administrative procedure control, inspection, handling of documents, review, systematization of normative legal documents, and monitoring the implementation of laws in the field of transport.

CIRCULAR

Amending and supplementing some articles of Circular No. 21/2016/TT-BGTVT dated August 25, 2016, issued by the Minister of Transport on the construction, issuance, consolidation of normative legal documents, administrative procedure control, inspection, handling of documents, review, systematization of normative legal documents, and monitoring the implementation of laws in the field of transport. On the construction, issuance, consolidation of normative legal documents, administrative procedure control, inspection, handling of documents, review, systematization of normative legal documents, and monitoring the implementation of laws in the field of transport.

                                                                                                                 _____________________                                                   

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016, promulgated by the Government detailing and providing implementation measures for the Law on Issuing Normative Legal Documents;

Pursuant to Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain provisions of related decrees concerning administrative procedure control;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department;

The Minister of Transport hereby issues this Circular amending and supplementing some articles of Circular No. 21/2016/TT-BGTVT dated August 25, 2016, issued by the Minister of Transport on the construction, issuance, consolidation of normative legal documents, administrative procedure control, inspection, handling of documents, review, systematization of normative legal documents, and monitoring the implementation of laws in the field of transport.

Article 1. Amending and supplementing some articles of Circular No. 21/2016/TT-BGTVT dated August 25, 2016, issued by the Minister of Transport on the construction, issuance, consolidation of normative legal documents, administrative procedure control, inspection, handling of documents, review, systematization of normative legal documents, and monitoring the implementation of laws in the field of transport.

1. Clause 4 of Article 3 shall be amended and supplemented as follows:

"4. Circulars of the Minister of Transport issuing National Technical Regulations in the field of transport shall be implemented in accordance with the provisions of this Circular. The construction, publication, and application of technical regulations shall be carried out in accordance with the laws on standards and technical regulations."

2. Clause 5 of Article 4 shall be amended and supplemented as follows:

"5. The Department of Finance shall take the lead and coordinate with the Department of Legal Affairs and relevant agencies to advise the leadership of the Ministry in the work of budget preparation and allocation for funds related to the construction, consolidation, review, systematization of normative legal documents, legal support for businesses, monitoring the implementation of laws, and other tasks related to the construction and improvement of the legal system; take the lead and coordinate with the Office of the Ministry in the work of budget preparation and allocation for funds related to administrative procedure control in accordance with the State Budget Law and current financial regulations."

3. Point b of Clause 2, point c of Clause 3 of Article 7 shall be amended and supplemented as follows:

"b) Sending the report on the summary, impact assessment report of the policy in the proposal for the issuance of normative legal documents to the Ministry of Transport's electronic information portal and the Government's electronic information portal for publication. The publication period must be at least 30 days;"

"c. Soliciting opinions from the Office of the Ministry regarding administrative procedures before reviewing the proposal for the issuance of normative legal documents drafted by departments and units. The review period is 20 days, starting from the date when all necessary documents for the proposal for the issuance of normative legal documents are received;"

4. Point m of Clause 2 of Article 21 shall be amended and supplemented as follows:

"m) The Office of the Ministry: normative legal documents concerning administrative procedure control, archiving, and record keeping;"

5. Adding point h of Clause 1 of Article 23 as follows:

"h) Implementing the incorporation and explanation of comments from departments and units, and perfecting the draft document;"

6. Clause 3, Clause 4, Clause 6 of Article 26 shall be amended and supplemented as follows:

"3. For draft normative legal documents submitted to the Government, the Prime Minister, the advisory agency shall implement as follows:"

a) At the latest three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to seek opinions, except in cases stipulated in point a, Clause 2 of this Article;

"b) Summarizing and incorporating comments from advisory agencies within the Ministry, revising the draft document, and reporting to the Deputy Minister in charge to send the document requesting participation opinions from Ministries, sectors, the Central Committee of the Vietnam Fatherland Front, provincial People's Committees related to the draft document; for draft documents related to the rights and obligations of enterprises and citizens, opinions must also be sought from the Vietnam Chamber of Commerce and Industry, specialized transport associations;"

The document soliciting opinions must include: Draft Resolution to the Government, Prime Minister according to Model No. 13 attached as Appendix III of this Circular; draft normative legal document; comparison table between the draft document and the existing document, basis, and reasons for amendment and supplementation;"

c) Send to the Ministry of Transport's electronic information portal and the Government's electronic information portal to publish the draft document at least sixty days before signing the document;

"d) Summarizing and explaining the comments; incorporating and revising the draft document, sending back the summary and explanation of comments to the agencies and organizations that provided comments via email, publishing on the Ministry's electronic information portal, and simultaneously adding to the dossier for submitting the draft document;"

đ) Compile the file and send it to the Legal Affairs Department for review;

e) Incorporate and explain the Legal Affairs Department's review opinions;

"g) Compiling the dossier and sending it to the Ministry of Justice for review."

"4. For draft circulars, the advisory agency shall implement as follows:"

a) At the latest three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to seek opinions, except in cases stipulated in point a, Clause 2 of this Article;

"b) Summarizing and incorporating comments from advisory agencies within the Ministry, revising the draft document, and reporting to the Deputy Minister in charge to send the document requesting participation opinions from agencies, organizations, and individuals outside the transport sector (if necessary), the Vietnam Chamber of Commerce and Industry, specialized transport associations (for draft documents related to the rights and obligations of enterprises and citizens)."

The document soliciting opinions must include: Draft normative legal document; draft Resolution to the Minister. Comparison table between the draft document and the existing document and the basis, and reasons for amendment and supplementation;"

c) Send to the Ministry of Transport's electronic information portal and the Government's electronic information portal to publish the draft document at least sixty days before signing the document;

"d) Summarizing participation opinions, incorporating and revising the draft document; sending back the summary and explanation of comments to the agencies and organizations that provided comments via email, publishing on the Ministry's electronic information portal; sending to the Department of Legal Affairs for review."

"6. Forms of soliciting opinions on draft documents"

a) By document;

b) Through the Ministry's electronic information portal and the Government's electronic information portal;

"c) Other appropriate forms."

7. Adding point đ of Clause 2, amending and supplementing Clause 4 of Article 28 as follows:

"đ) Ensuring the accuracy of parameters and economic-technical norms in documents regulating Technical Regulations and economic-technical norms."

"4. Responsibilities of the Department of Legal Affairs:"

"a) Being responsible for the content and time limit of the review as stipulated in Clause 1 of Article 30 of this Circular;"

b) Solicit written opinions or invite the Office of the Ministry to participate in the review of the content of administrative procedures in the draft regulatory legal document.

8. Clause 1, Clause 3 of Article 29 shall be amended and supplemented as follows:

“1. The documents submitted to the Legal Department for review regarding draft documents submitted to the Government, Prime Minister shall include:

a) A letter requesting the Legal Department to review;

b) The draft Memorandum to the Government, Prime Minister, clearly stating the necessity for issuance, scope of regulation, applicable subjects, drafting process, main contents of the document, differing opinions on issues, reference materials;

c) The memorandum from the leading agency drafting the draft regulatory legal document;

d) The draft regulatory legal document after being revised by the advisory agency;

đ) An assessment of administrative procedures if the draft document includes provisions on administrative procedures; a report on integrating gender equality issues if the draft document contains provisions related to gender equality issues;

e) A summary, explanation, and adoption of opinions from agencies, organizations, individuals, and copies of opinion letters from relevant agencies, organizations, and individuals;

g) Differing opinions between the leading agency drafting the document and the advisory agency submitting the draft document (if any);

h) A comparison table of the draft document with the current document (specifying the basis and reasons for amending and supplementing each content);

i) The review document of the legal organization (in cases where the leading agency drafting the document is General Departments or Bureaus) and a report on adopting and explaining the review opinions of the legal organization;

k) The opinion of the Office of the Ministry (Administrative Procedure Control Division) on the draft document;

l) Reference materials (if any).

The number of files sent to the Legal Department for reviewing the draft regulatory legal document is two sets.

“3. The file submitted to the Legal Department for requesting review of the draft circular includes:

a) A letter requesting the Legal Department to review;

b) Memorandum to the Minister on the draft circular;

c) The draft circular after being revised;

d) Impact assessment report; administrative procedure assessment in cases where laws delegate regulations on administrative procedures; a report on integrating gender equality issues if the draft document contains provisions related to gender equality issues;

đ) A summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected subjects; copies of opinion letters from agencies, organizations, and individuals;

e) A summary report on the implementation of laws or an assessment of the current social relations related to the main content of the draft for replacing the circular;

g) A comparison table of the draft document with the current document (specifying the basis and reasons for amending and supplementing each content);

h) Differing opinions between the leading agency drafting the document and the advisory agency submitting the draft document or related agencies (if any);

i) The review document of the legal organization (in cases where the leading agency drafting the document is General Departments or Bureaus) and a report on adopting and explaining the review opinions of the legal organization;

k) The opinion of the Office of the Ministry (Administrative Procedure Control Division) on the draft document;

l) Reference materials (if any).”

9. Add point l to Clause 1, point k to Clause 2 of Article 32 as follows:

“l) The final review form of the Legal Department.”

“k) The final review form of the Legal Department.”

10. Article 34 shall be amended and supplemented as follows:

“Article 34. Submitting the Draft Regulatory Legal Document to the Minister

1. Before the 20th day of the month, the advisory agency must submit the file of the draft document to the Legal Department for the final review before submitting it to the Minister for signature or submission to the Government, Prime Minister, in accordance with the Decision on the Program for Building Legal Documents of the Ministry.

2. Final review process:

a) The Legal Department is responsible for soliciting opinions from the Office of the Ministry regarding provisions related to administrative procedures; summarizing and providing written review opinions to the advisory agency; the review period does not exceed five working days from the date of receiving the complete file;

b) Within two working days after receiving the review opinion, the advisory agency is responsible for adopting and explaining the review opinion and sending it to the Legal Department for an opinion on whether the draft document meets the conditions for submission to the Minister for signature;

c) Within two working days from the date of receiving the report on adopting and explaining the review opinion from the advisory agency, the Legal Department is responsible for preparing the final review form to report to the Minister, specifying whether the draft document meets the conditions for submission or not, or there are still differing opinions;

d) During the review process, the Legal Department may organize meetings with relevant agencies and units to clarify the contents of the draft document.”

11. Article 41 shall be amended and supplemented as follows:

“Article 41. Consolidating Regulatory Legal Documents

1. The Legal Department shall take the lead in organizing the consolidation of legal documents and submit them to the Minister for signing to authenticate the consolidated document.

2. At the latest one working day after the issuance of the Circular amending and supplementing, the advisory agency shall send the electronic version of the document to the Legal Department's email as the basis for consolidating the document.

3. At the latest five working days from the date of issuing the Circular amending and supplementing, the Legal Department shall complete the consolidation of the document and submit it for signing to authenticate the consolidated document according to regulations.”

12. Article 45 shall be amended and supplemented as follows:

“Article 45. Administrative Procedures and Supervision of Administrative Procedures

1. Administrative procedures are the sequence, methods of implementation, files, requirements, and conditions stipulated by state agencies or authorized persons to handle specific tasks related to individuals or organizations. Administrative procedures must be prescribed in normative legal documents in accordance with the authority specified in the Law on Enacting Normative Legal Documents.

2. The establishment of an administrative procedure is only completed when it fully satisfies the following basic components:

a) Name of the administrative procedure;

b) Implementation process;

c) Methods of implementation;

d) File components and quantity;

đ) Time limit for resolution;

e) Subjects implementing the administrative procedure;

g) Agency resolving the administrative procedure;

h) In cases where the administrative procedure requires application forms, administrative declaration forms, results of the administrative procedure, requirements, conditions, fees, and charges, these application forms, administrative declaration forms, results of the administrative procedure, requirements, conditions, fees, and charges are components of the administrative procedure.

3. Supervision of administrative procedures involves reviewing, evaluating, and monitoring to ensure the feasibility of regulations on administrative procedures, meeting the requirements of transparency during the organization and implementation process. Supervision of administrative procedures is carried out from the proposal stage for normative legal documents and continues regularly throughout the implementation process of administrative procedures.

13. Clause 3 Article 46 is amended and supplemented as follows:

“3. The Minister of Transport shall announce administrative procedures prescribed in normative legal documents within the scope of their administrative management.”

14. Article 47 is amended and supplemented as follows:

“Article 47. Announcement of Administrative Procedures

1. At least 35 days before the effective date of the normative legal document containing provisions on administrative procedures, the drafting agency is responsible for reviewing and building the content of the administrative procedures and providing the content of the document via email to the Ministry's Office (Administrative Procedure Control Department) to submit to the Minister for issuance of the Decision announcing the administrative procedures according to regulations.

2. At least 20 days before the effective date of the normative legal document containing provisions on administrative procedures, the Ministry's Office must submit to the Minister for issuance of the Decision announcing the administrative procedures prescribed in the relevant normative legal document.”

15. Clause 1, Clause 3 Article 48 is amended and supplemented as follows:

“1. Based on the Decision announcing the administrative procedures issued by the Minister, the agencies or organizations directly receiving and processing administrative procedures must promptly publicize them, ensuring all components of administrative procedure control are complete and accurate.

“3. Information about announced administrative procedures must be fully, accurately, and timely disclosed through the following methods:

a) Publicized on the National Database of Administrative Procedures;

b) Publicized at the headquarters of the agencies or units directly receiving and processing administrative procedures through posting or using appropriate electronic forms based on the decision to announce administrative procedures or extracting, connecting, and integrating data on the National Database of Administrative Procedures;

c) Published on the Ministry’s Electronic Portal or the portal of the agency implementing the administrative procedures;

d) In addition to the mandatory disclosure methods under points a, b, and c of this clause, the disclosure of administrative procedures can be implemented through other suitable methods based on the actual conditions of the agencies, units, and subjects implementing the administrative procedures.”

16. Article 49 is amended and supplemented as follows:

“Article 49. Receiving and Handling Feedback and Suggestions

1. The Ministry's Office is the central unit in receiving and handling feedback and suggestions on administrative procedures; receiving, handling, and summarizing the results of responses to feedback and suggestions from citizens and businesses on the Government's Electronic Portal.

2. The receipt and handling of feedback and suggestions shall be carried out in accordance with the provisions of the law.”

17. Article 77 is amended and supplemented as follows:

“Article 77. Report on the Work of Resolving Administrative Procedures

1. Every six months and annually, the drafting agency of normative legal documents reports to the Ministry's Office on the situation and results of its activities in supervising administrative procedures or reports as required.

2. The Ministry's Office is responsible for summarizing and reporting on the situation and results of the Ministry's activities in supervising administrative procedures on a regular basis or as required.”

18. Supplement Appendix XI issued together with this Circular to Circular No. 21/2016/TT-BGTVT

Article 2. Replace the phrase "Public Investment Management Board for Public-Private Partnership Projects" with the phrase "Department of Public-Private Partnerships" in Clause 1, Article 9, and Point o, Clause 2, Article 21.

Article 3. Provisions 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

1. This Circular takes effect from February 1, 2018.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of General Departments, the Directors of Bureaus, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.