Circular No. 47/2023/TT-BCT stipulates on the construction, issuance of normative legal documents of the Ministry of Industry and Trade.

 

CIRCULAR

Regulations on the development and issuance of normative legal documents

of the Ministry of Industry and Trade

 

 

 

 

Pursuant to the Law on Issuing Normative Legal Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Issuing Normative Legal Documents dated June 18, 2020 (hereinafter referred to as the Law);

Pursuant to the Ordinance on Consolidating the Law on Issuing Normative Legal Documents dated March 22, 2012;

Pursuant to the Ordinance on Codifying the System of Legal Norms dated April 16

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and implementing mechanisms of the Law on Issuing Normative Legal Documents; Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing certain provisions of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain provisions and implementing mechanisms of the Law on Issuing Normative Legal Documents (hereinafter referred to as Decree No. 34/2016/ND-CP);

Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on administrative procedure control; Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing certain provisions of decrees related to administrative procedure control; Decree No. 92/2017/ND-CP dated August 7, 2017 of the Government amending and supplementing certain provisions of decrees related to administrative procedure control;

Pursuant to Decree No. 63/2013/ND-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codifying the System of Legal Norms;

Pursuant to Decree No. 52/2015/ND-CP dated May 28, 2015 of the Government on the national database of laws;

Decree No. 31/2021/NĐ-CP dated 26 the 3 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;21 of the Governmentudetailing and guiding the implementation of one Transit through, and Residence of Foreigners in Vietnam dated June 25, of the InvestmentầLaw hereinafter referred to as abbreviated as Decree No. 31/2021/ND-CP);

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular on the development and issuance of normative legal documents of the Ministry of Industry and Trade.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures and formalities for proposing and drafting the Program for developing normative legal documents; drafting, reviewing, issuing, consolidating, codifying normative legal documents, and updating the national database of normative legal documents issued by the Minister of Industry and Trade or submitted to competent authorities.

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

a) Laws, resolutions of the National Assembly;

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

c) Decrees of the Government;

d) Decisions of the Prime Minister;

e) Circulars of the Minister of Industry and Trade, joint circulars between the Minister of Industry and Trade and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General.

Article 3. The development and issuance of circulars on national technical standards in the field of industry and trade shall be carried out in accordance with the provisions of the law on technical standards and this Circular.

Article 4. The development and issuance of joint circulars between the Minister of Industry and Trade and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General shall be carried out in accordance with Article 110 of the Law.

Article 2. Applicability

This Circular applies to Departments, Bureaus, General Departments of Market Administration, the Office of the Ministry, the National Competition Commission, the Inspectorate of the Ministry (hereinafter referred to as units under the Ministry), organizations, and individuals related to the work of developing and issuing normative legal documents within the scope of management of the Ministry of Industry and Trade.

Article 3. Directing work on drafting and promulgating regulatory legal documents

1. The Minister shall comprehensively direct the work on drafting and promulgating regulatory legal documents of the Ministry of Industry and Trade.

2. Deputy Ministers shall direct the work on drafting and reviewing regulatory legal documents; supervise and urge units responsible for drafting regarding progress, content, complex issues, and differing opinions on draft regulatory legal documents, and shall be responsible to the Minister for ensuring the progress and quality of drafting regulatory legal documents within their assigned areas of responsibility.

Article 4. Format and technical presentation of regulatory legal documents

The format and technical presentation of regulatory legal documents shall be implemented in accordance with the provisions of Article 8, Article 10 of the Law on Enacting Regulatory Legal Documents and Chapter V of Decree No. 34/2016/NĐ-CP.

Article 5. Supervision of administrative procedures in drafting and promulgating regulatory legal documents

For regulatory legal documents containing administrative procedures, during the process of proposing, drafting, reviewing, and promulgating such documents, units under the Ministry shall supplement activities in accordance with the provisions of Chapter II of Circular No. 18/2018/TT-BCT dated July 19, 2018, issued by the Minister of Industry and Trade on activities related to supervising administrative procedures within the scope of the Ministry's management functions.

Article 6. Sectoral and occupational control prohibition on investment and business, đconditional investment and business and conditions for investment and business

For proposals to draft laws, ordinances, decrees that propose amendments or supplements to sectors and occupations prohibited from investment and business, conditional investment and business, or conditions for investment and business, the leading unit shall supplement the contents in the proposal to draft the document in accordance with Clause 3, Article 10, Clause 2, Article 13 of Decree No. 31/2021/NĐ-CP and shall be responsible for soliciting the opinions of the Ministry of Planning and Investment.

Article 7. Solicitation of Opinions of the Vietnam Fatherland Front, the Vietnam Chamber of Commerce and Industry, the Ministry of Public Security, and experts Industry and during the drafting of regulatory legal documents

1. Solicit the opinion of the Vietnam Fatherland Front during the process of proposing and drafting regulatory legal documents.

2. Solicit the opinion of the Vietnam Chamber of Commerce and Industry when the draft regulatory legal document contains content related to the rights and obligations of enterprises.

3. Solicit the opinion of the Ministry of Public Security when the draft regulatory legal document contains content related to security and public order.

4. For draft documents with complex content or specialized technical factors, if necessary, when preparing the proposal and drafting the regulatory legal document according to Articles 10 and 23 of this Circular, the leading unit may solicit the opinions of experts. The use of experts shall be carried out in accordance with Article 175 of Decree No. 34/2016/NĐ-CP.

 

Chapter II

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS

Section 1

PROPOSAL TO DRAFT REGULATORY LEGAL DOCUMENTS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY SUBMITTED BY THE GOVERNMENT

 

Article 8. Draft proposal to draft laws, ordinances, resolutions

1. The establishment of proposals to draft regulatory legal documents as stipulated in Articles 9, 10, 11, and 12 of this Circular applies to:

a) Laws of the National Assembly;

b) Resolutions of the National Assembly as provided in point b and point c, Clause 2, Article 15 of the Law;

c) Ordinances of the Standing Committee of the National Assembly;

d) Resolutions of the Standing Committee of the National Assembly as provided in point b, Clause 2, Article 16 of the Law.

2. Prior to implementing the establishment of proposals to draft laws, ordinances, and resolutions as stipulated in Clause 1 of this Article, units under the Ministry must carry out the following activities:

a) Summarize the implementation of relevant laws concerning the proposal to draft laws, ordinances, and resolutions; survey and assess the current status of social relations related to the proposal to draft the document;

b) Organize scientific research on related issues to support the establishment of proposals to draft laws, ordinances; study information, materials, international treaties to which the Socialist Republic of Vietnam is a member related to the proposal to draft laws, ordinances; if necessary, request relevant agencies, organizations, and individuals to provide materials and information related to the proposal to draft laws, ordinances;

c) Develop the content of policies in the proposal to draft laws, ordinances, and resolutions; evaluate the impact of the policy;

d) Forecast resources and conditions for the implementation of laws, ordinances, and resolutions after being approved by the National Assembly and the Standing Committee of the National Assembly;

đ) Determine clearly the preparation time for the dossier, the time for organizing the solicitation of opinions, the time for submitting to the Ministry of Justice for review, and the time for submission to the Government for consideration and approval.

Article 9. Documents for Proposing to Draft Laws, Ordinances, and Resolutions

1. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for preparing the documents for proposing to draft laws, ordinances, and resolutions, including the documents specified in Article 37 of the Law.

In cases where the proposal involves administrative procedures, the entity proposing the draft shall supplement the documents as prescribed in Article 5 of this Circular.

In cases where the proposal includes suggestions for amending or supplementing industries and trades subject to conditional business operations and business conditions, the entity proposing the draft shall supplement the documents as prescribed in Article 6 of this Circular.

2. The process of formulating policy content and assessing the impact of policies in proposals to draft laws, ordinances, and resolutions shall be carried out in accordance with the provisions of Section 1 Chapter II of Decree No. 34/2016/NĐ-CP.

Article 10. Soliciting Opinions on Proposals to Draft Laws, Ordinances, and Resolutions

1. The entity proposing to draft laws, ordinances, and resolutions shall organize the solicitation of opinions from entities directly affected by the policies proposed in the draft laws, ordinances, and resolutions, and solicit opinions from agencies, organizations, and individuals through the forms prescribed in Article 36 of the Law, Article 10 and Article 11 of Decree No. 34/2016/NĐ-CP, and Article 7 of this Circular.

2. After obtaining the consent of the Head of the Ministry responsible for the sector, the entity proposing to draft laws, ordinances, and resolutions shall send the Government Portal (Office of the Government) to publish the summary report and policy impact assessment report in the proposal to draft laws, ordinances, and resolutions on the Government Portal; send the Office of the Ministry (with the approval signature of the Head of the Ministry) to publish on the Ministry of Industry and Trade Portal; and simultaneously send the Legal Department to monitor and update progress.

Upon completion of the publication period, the Office of the Ministry shall be responsible for notifying in writing to the entity proposing to draft laws, ordinances, and resolutions about the opinions received on the Ministry of Industry and Trade Portal.

Article 11. Reviewing Proposals to Draft Laws, Ordinances, and Resolutions

1. Based on the opinions of agencies, organizations, the entity proposing to draft laws, ordinances, and resolutions shall be responsible for studying, adopting, and revising the documents for proposing to draft laws, ordinances, and resolutions, and submitting the revised proposal to draft laws, ordinances, and resolutions to the Head of the Ministry for submission to the Ministry of Justice for review in accordance with Clause 2 of Article 39 of the Law; at the same time, publishing the explanation and adoption of opinions on the Government Portal and the Ministry of Industry and Trade Portal.

2. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for studying, adopting, explaining the review opinions of the Ministry of Justice, and revising and perfecting the proposal to draft laws, ordinances, and resolutions; at the same time, submitting the revised proposal to draft laws, ordinances, and resolutions along with the report on explanations and adoptions to the Ministry of Justice when submitting to the Government in accordance with Clause 1 of Article 12 of this Circular.

Article 12. Submitting Proposals to Draft Laws, Ordinances, and Resolutions for Consideration and Approval by the Government

1. The entity proposing to draft laws, ordinances, and resolutions shall be responsible for reporting to the Head of the Ministry responsible for the sector and the Head of the Ministry responsible for the unit (hereinafter referred to as the Head of the Ministry responsible) before submitting to the Minister for signing and submitting to the Government for consideration and approval of the proposal to draft laws, ordinances, and resolutions not later than 20 days prior to the date of the Government session. The documents submitted to the Government include the documents specified in Clause 2 of Article 40 of the Law.

2. Based on the resolution of the Government approving the proposal to draft laws, ordinances, and resolutions, the entity proposing the draft shall be responsible for revising according to the Government's resolution and submitting for approval by the Head of the Ministry before December 15 each year.

3. Not later than December 31 each year, the documents for proposing to draft laws, ordinances, and resolutions as stipulated in Clause 2 of this Article must be sent to the Ministry of Justice to prepare the Government's proposal on the legislative program for the following year or the year after the following year (the year expected to be submitted to the National Assembly, the Standing Committee of the National Assembly).

Section 2

PROPOSAL TO DRAFT LEGAL DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER, AND THE MINISTER OF INDUSTRY AND TRADE

Article 13. Proposal to Draft Decrees Specified in Clause 2 of Article 19 of the Law

1. The entity proposing to draft decrees shall be responsible for implementing the contents as prescribed in Article 85 of the Law; soliciting opinions on the proposal to draft decrees as prescribed in Article 86 of the Law and Article 7 of this Circular. In cases where the proposal includes administrative procedures; or suggestions for amending or supplementing prohibited industries and trades, industries and trades subject to conditional business operations, or business conditions, the entity proposing the draft must comply with the provisions of Articles 5 and 6 of this Circular.

2. After obtaining the consent of the Head of the Ministry responsible for the sector, the entity proposing to draft decrees shall send the Government Portal (Office of the Government) to publish the full text of the documents for proposing to draft decrees on the Government Portal; send the Office of the Ministry (with the approval signature of the Head of the Ministry) to publish on the Ministry of Industry and Trade Portal; and simultaneously send the Legal Department to monitor and update progress.

Upon completion of the publication period, the Office of the Ministry shall be responsible for notifying in writing to the entity proposing to draft decrees about the opinions received on the Ministry of Industry and Trade Portal.

3. The entity proposing to draft decrees shall be responsible for studying, adopting, explaining the comments, and perfecting the documents for proposing to draft decrees in accordance with Article 86 of the Law and reporting to the Head of the Ministry responsible for the sector; at the same time, publishing the report on explanations and adoptions on the Government Portal and the Ministry of Industry and Trade Portal.

4. Based on the content approved by the Head of the Ministry responsible, the entity proposing to draft decrees shall submit to the Minister for signing and submitting to the Prime Minister in accordance with Article 89 of the Law.

Article 14. Proposal to Draft Decrees Specified in Clause 3 Article 19 of the Law

1. The unit proposing to draft a decree shall be responsible for implementing the contents as prescribed in Article 85 of the Law; soliciting opinions on the proposal to draft a decree as prescribed in Article 86 of the Law, Article 10, Article 11 of Decree No. 34/2016/NĐ-CP, and Article 7 of this Circular. In cases where the proposal to draft a document contains administrative procedures; proposes amendments or supplements to prohibited business sectors, conditional business sectors, or business conditions, the unit proposing the draft must comply with the provisions of Articles 5 and 6 of this Circular.

The construction of policy content and impact assessment in the proposal to draft a decree shall be carried out in accordance with the provisions of Clause 2 of Article 9 of this Circular.

2. After obtaining the consent of the Ministry Leader responsible for the sector, the unit proposing to draft a decree shall submit the full text of the proposal to draft a decree to the Government's Electronic Portal (Government Office) for publication; submit it to the Ministry Office (with the approval signature of the Ministry Leader) for publication on the Ministry of Industry and Trade's Electronic Portal; at the same time, submit it to the Legal Department for monitoring and updating progress.

Upon completion of the publication period, the Office of the Ministry shall be responsible for notifying in writing to the entity proposing to draft decrees about the opinions received on the Ministry of Industry and Trade Portal.

3. The unit proposing to draft a decree shall be responsible for incorporating, explaining opinions, and perfecting the proposal to draft a decree in accordance with Article 86 of the Law before submitting it to the Ministry Leader for submission to the Ministry of Justice for review in accordance with Article 88 of the Law; simultaneously, publish the content of explanations and incorporation of opinions on the Government's Electronic Portal and the Ministry of Industry and Trade's Electronic Portal.

4. Based on research, incorporation, and explanation of the Ministry of Justice's review opinions, the unit proposing to draft a decree shall revise and perfect the proposal to draft a decree for submission to the Ministry Leader responsible for the sector for approval of the content before submitting it to the Minister for signature and submission to the Government for consideration and approval in accordance with Article 89 of the Law.

Article 15. Proposal documents for the inclusion of decrees stipulated inClause 1 of Article 19 of the Law, the Prime Minister's decision, circulars, joint circulars into the Program for the Development of Legislative Documents of the Ministry of Industry and Trade (hereinafter referred to as the Program)

1. For legislative documents that have been approved by the competent authority regarding the policy to draft the document, the main drafting unit shall send to the Legal Department a document reflecting the approval content of the competent authority and a letter proposing inclusion in the Program, clearly stating the name of the document and the expected submission date (specifically to the month).

2. For legislative documents that have not yet been approved by the competent authority regarding the policy to draft the document, the main drafting unit shall be responsible for reporting to the Ministry Leader responsible for the sector, which must include the following contents: necessity, legal basis for issuing the document; basic policies, main content of the document; proposed list of administrative procedures (if any); proposals for amending, supplementing, or replacing conditional business sectors and business conditions in accordance with Article 6 of this Circular (if any); information about the main drafting agency; resources ensuring the work of drafting the document.

After obtaining the consent of the Ministry Leader, the main drafting unit shall send to the Legal Department a document reflecting the approval content of the Ministry Leader along with a letter proposing inclusion in the Program, clearly stating the name of the document and the expected submission date (specifically to the month).

         

Chapter III

||| PROGRAM FOR THE DEVELOPMENT OF LEGAL INSTRUMENTS OF THE MINISTRY OF INDUSTRY AND TRADE

 

Article 16||| Chapter Program for the Development of Legal Instruments of the Ministry of Industry and Trade

||| Article 1. The Program for the Development of Legal Instruments of the Ministry of Industry and Trade (hereinafter referred to as the Program) is compiled based on the tasks assigned by competent authorities and proposals from units under the Ministry.

||| Article 2. The Program includes the following main contents:

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

||| b) Time frame for submission of each legal instrument (specific to the month);

||| c) Leading unit responsible for drafting each legal instrument;

||| d) Other necessary contents..

||| Article 3. The Program shall be issued annually by the Minister according to Model 1 attached to this Circular and may be adjusted or supplemented by the Minister as provided for in Article 20 of this Circular.

||| Article 4. The Program serves as the basis for allocating funds to support the development of legal instruments of the Ministry of Industry and Trade.

Article 17||| Preparation of the Program

||| Article 1. The leading unit responsible for drafting has the responsibility to send the draft to the Department of Legal Affairs for consolidation and report to the Minister for consideration and inclusion in the Program for proposals to develop legal instruments that have been agreed upon by the Ministry's leadership, task assignment documents from competent authorities, or approval documents for decrees as stipulated in Clause 2 and Clause 3 of Article 19 of the Law.

||| Article 2. By November 25 each year, proposals to develop legal instruments must be sent to the Department of Legal Affairs for consolidation and reporting to the Minister.

Article 18||| Issuance of the Program

||| Based on the results of the agreement by the Ministry's leadership on proposals to develop legal instruments from units under the Ministry and on the basis of task assignments or approvals from competent authorities, the Department of Legal Affairs drafts the Decision to issue the Program for the Development of Legal Instruments and submits it to the Minister for consideration and issuance no later than December 31 each year.

Article 19||| Implementation of the Program

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

||| a) Develop a plan for the development of legal instruments and report to the responsible Ministry leadership; ensure the progress, procedures, and quality of the draft; take responsibility for updating progress weekly or urgently as required by the Department of Legal Affairs to implement the guidance of the Ministry's leadership or requirements of competent authorities; ensure the timeliness and accuracy of the updated progress;

||| b) Implement regular progress reporting on the development of legal instruments, with weekly reports (the deadline for submitting weekly progress reports to the Department of Legal Affairs is before 11:00 AM every Friday via email: [email protected]); annual progress reports (the deadline for submitting annual progress reports to the Department of Legal Affairs is before November 15 each year). After these deadlines, if the Department of Legal Affairs does not receive the weekly progress report from the unit, the Department will use the most recent weekly progress report to compile the progress report for the Minister. The leading unit responsible for drafting bears responsibility to the Minister for failing to submit weekly progress reports to the Department of Legal Affairs for consolidation.

||| In cases where the progress reporting date coincides with public holidays or national holidays as prescribed by law, units should update their reports on the day prior to the holiday.

||| c) Clearly state the reasons for delays in the development of legal instruments and propose measures to address them;

||| d) Bear full responsibility throughout the process of developing legal instruments until they are issued and bear responsibility during the implementation phase of legal instruments drafted by the leading unit.

2. The Legal Department shall be responsible for:

||| a) Urge and consolidate reports from units on the progress of implementing the Program;

||| b) Report to the Minister on issues arising during the implementation of the Program;

||| c) Report weekly, biannually, annually, or urgently on the work of developing legal instruments as directed by the Ministry's leadership or as required by competent authorities.

Article 20||| Adjustment and Supplement to the Program

||| Article 1. Adjustments and supplements to the Program shall be made in the following cases:

||| a) Removing from the Program legal instruments that are not necessary to be issued in that year or are no longer necessary due to changes in economic and social conditions;

||| b) Adding to the Program legal instruments that need to be developed and issued due to urgent management requirements within the scope of the Ministry of Industry and Trade's jurisdiction; legal instruments that need to be amended or supplemented due to new regulations to ensure the consistency of the legal system or to implement international treaties; legal instruments approved through proposals or recommendations by competent authorities but not included in the Program for the Development of Legal Instruments of the Ministry of Industry and Trade for that year;

||| c) Adjusting the time frame for submission as directed by competent authorities.

||| Article 2. In cases where there are adjustments or supplements to the Program during the year, the units under the Ministry proposing such adjustments or supplements must report and obtain the Deputy Minister's approval (clearly stating the content to be adjusted or supplemented and providing detailed explanations for the adjustment) before reporting to the Minister for approval.

||| Article 3. Based on the Minister's approval and the proposal letter for adjustments or supplements from the unit, the Department of Legal Affairs compiles the proposal for adjustments or supplements to the Program and submits it to the Minister for consideration and issuance of the Decision to adjust or supplement the Program in July and December each year.

 

Chapter IV

||| DRAFTING LEGAL INSTRUMENTS

Article 21. ||| Drafting laws, ordinances, resolutions, decrees

||| Article 1. For laws, ordinances, and resolutions, the drafting process is carried out through the Drafting Board and the Editorial Group as stipulated in Articles 52, 53, and 54 of the Law and Articles 25, 26, and 27 of Decree No. 34/2016/NĐ-CP.

||| Article 2. The leading unit responsible for drafting organizes the development of draft decrees based on the contents already approved by the Prime Minister for the decree as stipulated in Clause 2 of Article 19 of the Law and by the Government for the decree as stipulated in Clause 3 of Article 19 of the Law; ensuring consistency with the provisions of the detailed regulations for the decree as stipulated in Clause 1 of Article 19 of the Law.

In case the Drafting Board is not established, the leading unit responsible for drafting may report to the Minister to establish an Editorial Team to draft decrees in accordance with Clause 2 of Article 27 of Decree No. 34/2016/NĐ-CP.

Article 22. Drafting decisions of the Prime Minister, circulars, joint circulars

1. The drafting of decisions of the Prime Minister, circulars, and joint circulars shall be carried out through the Drafting Team.

2. The Drafting Team for decisions of the Prime Minister must include members consisting of the Team Leader being the leadership of the leading unit responsible for drafting and other members being representatives of the Ministry of Justice, the Government Office, and relevant agencies, organizations, and individuals.

The Drafting Team for circulars of the Minister must include members consisting of the Team Leader being a representative of the leading unit responsible for drafting and other members being representatives of the Legal Department, relevant units, organizations, and individuals.

The Drafting Team for joint circulars drafted under the lead of the Ministry of Industry and Trade must include members consisting of the Team Leader being the leadership of the leading unit responsible for drafting and other members being representatives of relevant agencies, units, organizations, and individuals.

3. The leading unit responsible for drafting shall develop a detailed plan and organize the drafting of high-quality draft normative legal documents to ensure the assigned schedule according to the Program.

4. In cases where a circular needs to be issued to take effect simultaneously with laws, ordinances, decrees of the Government, decisions of the Prime Minister, or other circulars requiring urgent construction, submission, or issuance, the leading unit responsible for drafting shall report to the Minister for consideration and permission to draft the document without having to establish a Drafting Team.

Article 23. Soliciting opinions during the drafting of normative legal documents

1. During the drafting process, the leading unit responsible for drafting must solicit opinions from entities directly affected by the draft normative legal document and from relevant agencies, organizations, and individuals in accordance with Articles 57, 91, Point d, Clause 2 of Article 97, and Clause 2 of Article 101 of the Law, and in accordance with each specific normative legal document and the specific subjects solicited. For the drafting of decrees, the leading unit responsible for drafting must solicit opinions from the National Assembly's Ethnic Council if the draft decree contains provisions on implementing ethnic policies.

2. The posting of draft normative legal documents for agencies, organizations, and individuals to provide comments shall be carried out in accordance with Article 24 of this Circular.

3. The leading unit responsible for drafting shall organize the solicitation of comments from related units within the Ministry regarding the draft normative legal document. The head of the unit requested to participate in providing opinions shall bear responsibility before the Minister for failing to participate or delaying participation in providing opinions and any issues or complications (if any) related to the content within their management responsibilities.

4. In addition to the provisions of Clauses 1, 2, and 3 of this Article, the leading agency responsible for drafting shall solicit opinions from relevant entities in accordance with Articles 5, 6, and 7 of this Circular.

Article 24. Posting draft normative legal documents

1. The leading unit responsible for drafting shall report to the Ministry’s leadership in charge about posting the full text of the draft normative legal document for agencies, organizations, and individuals to provide comments. After receiving approval from the Ministry’s leadership, the leading unit responsible for drafting shall send the Government Portal (Government Office) to post the draft document on the Government Portal and send it to the Ministry’s Office (with the leadership’s approval signature) to post on the Ministry of Industry and Trade Portal, while also posting on the portal or website of the leading unit responsible for drafting (if available). Upon completion of the posting period, the Ministry’s Office shall notify in writing to the leading unit responsible for drafting about the received comments on the Ministry of Industry and Trade Portal.

During the period when draft laws, ordinances, and resolutions are being solicited for comments, if the leading agency responsible for drafting revises the draft document differently from the previously posted version, they must repost the revised draft document.

2. Regarding the posting of draft laws, ordinances, and resolutions, the leading unit responsible for drafting shall be responsible for posting the full text of the draft document, the submission letter, and other documents (if any) for agencies, organizations, and individuals to provide comments.

Regarding the posting of draft decisions and circulars, the leading unit responsible for drafting shall be responsible for posting the full text of the draft document and other documents (if any) for agencies, organizations, and individuals to provide comments.

3. The leading unit responsible for drafting shall be responsible for sending the leadership’s approval signature and a letter requesting relevant agencies and units to post the documents to the Legal Department for monitoring and updating the progress of normative legal document construction.

Article 25. Consolidating, adopting opinions, and revising draft normative legal documents

1. The leading unit responsible for drafting shall consolidate, study, adopt, and explain the comments provided by agencies, organizations, and individuals. If the comments are not adopted, the leading unit responsible for drafting must provide a specific explanation.

2. After revising the draft normative legal document in accordance with Clause 1 of this Article, the leading unit responsible for drafting shall report and seek guidance from the Ministry’s leadership in charge of the field regarding the progress, content, complex issues, and differing opinions on the draft normative legal document.

Based on the guidance of the Ministry’s leadership in charge of the field, the leading unit responsible for drafting shall be responsible for revising the draft normative legal document and posting the explanatory report and adopted comments on the Government Portal and the Ministry of Industry and Trade Portal.

If necessary, the leading unit responsible for drafting may continue to solicit the participation opinions of agencies, units, organizations, and individuals both inside and outside the Ministry.

3. For draft circulars containing content related to national technical standards, prior to submitting to the Legal Department for review, the leading unit responsible for drafting shall be responsible for sending to the Science and Technology Department for preliminary examination and to the Ministry of Science and Technology for review in accordance with the Circular of the Minister of Industry and Trade on activities related to the establishment and application of national standards and technical regulations of the Ministry of Industry and Trade.

4. With respect to contents related to economic-technical norms, pricing norms, before submitting to the Legal Department for review, the main drafting unit shall be responsible for sending to the Planning and Finance Department to seek professional opinions.

Article 26. Drafting regulatory legal documents according to simplified procedures

1. Laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees of the Government, decisions of the Prime Minister, circulars of the Minister shall be implemented in accordance with Articles 146, 147, 148, and 149 of the Law.

2. Circulars of the Minister shall be drafted and issued according to simplified procedures in the following cases:

a) Urgent situations to address emerging issues in practice as stipulated in Clause 1, Article 146 of the Law;

b) It is necessary to suspend the entire or part of the effectiveness of regulatory legal documents to promptly protect the interests of the State, rights, and legitimate interests of organizations and individuals as stipulated in Clause 2, Article 146 of the Law;

c) It is necessary to abolish part or all of regulatory legal documents that violate laws or are no longer appropriate with the socio-economic development situation as stipulated in Clause 4, Article 146 of the Law.

3. In the case where the Minister's circulars are drafted and issued according to simplified procedures due to urgent situations to address emerging issues in practice as stipulated in Point a, Clause 2 of this Article:

a) The main drafting unit reports to the Ministry's leadership to seek the Ministry of Justice's opinion on applying simplified procedures for such circulars. After receiving the written opinion of the Minister of Justice, the Ministry of Industry and Trade shall report to the Prime Minister for consideration and decision;

b) The dossier requesting the Prime Minister to consider and decide on applying simplified procedures includes: The request letter from the Ministry of Industry and Trade, which reflects the contents as prescribed in Clause 4, Article 37 of Decree No. 34/2016/NĐ-CP; the opinion of the Ministry of Justice, and other relevant contents (if any).

4. In the case where the Minister's circulars are drafted and issued according to simplified procedures as prescribed in Points b and c, Clause 2 of this Article, the main drafting unit shall report and seek the opinion of the Ministry's leadership responsible before submitting to the Minister for consideration and decision on drafting according to simplified procedures.

 

Chapter V

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 27. Authority to Issue Licenses and Qualifications for Aircraft Security Screening Staff VIETNAMESE VALUATION STANDARDS draft 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

1. Draft laws of the National Assembly, draft ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister shall be reviewed by the Ministry of Justice in accordance with Articles 58, 92, and 98 of the Law.

2. Draft circulars of the Minister shall be reviewed by the Legal Department before submission to the Minister for consideration and issuance.

Article 28. Dossier submitted for review by the Legal Department for draft circulars

1. The main drafting unit sends a letter requesting along with the dossier in paper or electronic form to the Legal Department for review. Among them, the proposal and draft document must be sent in paper form, while other documents can be sent electronically. If sent in paper form, the number of dossiers submitted internally for review by the Legal Department is four (4) sets.

2. The dossier for review includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circular;

c) Summary and explanation of comments from agencies, organizations, individuals (including comments collected on the Government Portal and the Ministry of Industry and Trade Portal) and directly affected entities; copies of comments;

d) Report on policy impact assessment in the draft circular (if applicable); report on gender mainstreaming (if applicable);

đ) Assessment of administrative procedures when assigned by law or resolution of the National Assembly to establish administrative procedures; comments on administrative procedures from the Office of the Ministry; report on adoption and explanation of comments from the Office of the Ministry;

e) Other documents (if any).

3. For draft circulars drafted according to simplified procedures, the dossier for review includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circular;

c) Summary and explanation of comments from agencies, organizations, individuals, and directly affected entities; copies of comments if solicited;

d) Assessment of administrative procedures when assigned by law or resolution of the National Assembly to establish administrative procedures; comments on administrative procedures from the Office of the Ministry and report on explanation of comments from the Office of the Ministry;

đ) Other documents (if any).

4. For draft circulars containing contents related to national technical standards, economic-technical norms, pricing norms, the dossier for review includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circular;

c) Summary and explanation of comments from agencies, organizations, individuals (including comments collected on the Government Portal and the Ministry of Industry and Trade Portal) and directly affected entities; copies of comments;

d) Report on policy impact assessment in the draft circular (if applicable); report on gender mainstreaming (if applicable);

đ) Assessment of administrative procedures when assigned by law or resolution of the National Assembly to establish administrative procedures; comments on administrative procedures from the Office of the Ministry; report on adoption and explanation of comments from the Office of the Ministry;

e) Review opinions of the Science and Technology Department and review opinions of the Ministry of Science and Technology in cases where the draft circular contains contents related to national technical standards; professional comments from the Planning and Finance Department in cases where the draft circular contains contents related to economic-technical norms, pricing norms.

g) Other documents (if any).

Article 29. Receiving dossiers for review

1. The Legal Department receives and checks the dossiers of draft circulars submitted for review by units.

2. In cases where the dossier for review does not meet the requirements prescribed in Article 28 of this Circular, within three days from the date of receipt of the dossier, the Legal Department requests the main drafting unit to supplement the dossier.

Article 30. Organizing the review process

1. The review of draft circulars is conducted by the Legal Department.

2. For draft circulars that directly affect the rights, obligations, and interests of citizens and businesses, or involve multiple sectors and fields, or are drafted by the Legal Department, the Legal Department proposes the establishment of an Advisory Council for review in accordance with Article 48 of Decree No. 34/2016/NĐ-CP.

3. For draft circulars involving specialized matters related to national technical standards, economic-technical norms, pricing norms, the Legal Department is responsible for reviewing to assess the compliance of the process, procedures, and dossier for drafting circulars in accordance with the law on issuing regulatory legal documents.

4. Time limit for organizing the review:

a) Not exceeding six days from the date the Legal Department receives the complete dossier for review for draft circulars;

b) Not more than four days from the date the Legal Affairs Department receives complete files for the draft circular to be reviewed, which is established and issued according to the simplified procedure.

5. For draft regulatory legal documents that still have differing opinions, the Legal Affairs Department shall coordinate with the main drafting unit to handle them. If necessary, the Legal Affairs Department may propose the Ministry's leadership to convene meetings with relevant units to discuss these issues before organizing the review.

Article 31. Content of the Review

The content of the review of the draft circular focuses on the following issues:

1. The necessity of issuing the circular; the subjects and scope regulated by the circular;

2. The consistency of the content of the draft circular with the Party’s guidelines and policies, and the State’s policies;

3. The constitutionality, legality, and consistency of the draft circular with the legal system; its compatibility with international treaties to which the Socialist Republic of Vietnam is a party;

4. The necessity, rationality, and costs associated with administrative procedures stipulated in the draft circular, if such procedures are included; the integration of gender equality issues in the draft circular, if it includes provisions related to gender equality;

5. Conditions ensuring human resources and financial resources to implement the circular;

6. Language, technical aspects, and procedures and processes for drafting the document.

Article 32Review Report

1. Within the latest four days from the end of the review meeting, the Legal Affairs Department completes the review report and sends it to the main drafting unit.

2. The main drafting unit is responsible for studying, adopting, and explaining the review comments of the Legal Affairs Department to revise and perfect the draft circular file before proceeding with the procedure to seek approval from the Ministry's leadership as provided for in Article 33 of this Circular.

 

Chapter VI

SUBMISSION, ISSUANCE, ANNOUNCEMENT, TRANSLATION, CONSOLIDATION OF REGULATORY LEGAL DOCUMENTS

 

Article 33. Soliciting Opinions from the Ministry's Leadership on Drafts of the Minister

1. The main drafting unit shall send a document to the Legal Affairs Department to solicit the opinions of the Minister and Deputy Ministers in charge regarding the draft circular before submitting it to the Minister for signature and issuance. The file shall include:

a) A proposal for the issuance of the circular;

b) Draft circular;

c) A summary, adoption, and explanation of the opinions of agencies, organizations, individuals, and directly affected entities; copies of the opinions contributed;

d) An impact assessment report of the policy in the draft circular (if applicable); an evaluation of administrative procedures in cases where laws or resolutions of the National Assembly assign the establishment of administrative procedures; a report on integrating gender equality issues (if applicable);

đ) Comments on administrative procedures from the Office of the Minister and a report on adopting and explaining the comments from the Office of the Minister, in cases where laws or resolutions of the National Assembly assign the establishment of administrative procedures;

e) The verification opinion of the Science and Technology Department and the review opinion of the Ministry of Science and Technology in cases where the draft circular contains content related to national technical standards; comments from the Planning and Finance Department in cases where the draft circular contains content related to economic and technical norms, pricing norms;

g) The Legal Affairs Department's review report and a report explaining and adopting the Legal Affairs Department's review comments;

h) Other documents (if any).

2. Within the maximum period of three days from the date of receipt of the draft circular file, the Ministry's leaders whose opinions are solicited shall provide their comments on the Opinion Solicitation Form for the Ministry's Leaders and send it to the Legal Affairs Department.

3. The Legal Affairs Department is responsible for compiling the opinions of the Ministry's leaders and sending them to the main drafting unit to explain, adopt the comments, and revise and perfect the draft circular before submitting it to the Minister for signature and issuance.

4. Other Ministry leaders not covered under Clause 1 of this Article who have opinions on the draft circular shall directly report to the Minister for decision.

Article 34. Submission to the Government, Prime Minister for Project and Draft Regulatory Legal Documents

1. The main drafting unit prepares the project and draft regulatory legal document files for the Minister to submit to the Government, Prime Minister in accordance with Articles 40, 59, 93, and 99 of the Law.

2. The file for submission to examine and approve regulatory legal documents through the simplified procedure is as follows:

a) The file for submission of draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly includes the proposal, draft, and review report;

b) The file for submission of draft decrees of the Government and draft decisions of the Prime Minister includes the proposal, draft, and review report.

Article 35. Providing Information for Press Releases

1. The provision of information for regulatory legal documents drafted by the Ministry of Industry and Trade to build press releases includes:

a) Laws, ordinances, and resolutions containing legal regulations of the National Assembly and the Standing Committee of the National Assembly after the President signs the promulgation decree;

b) Decrees of the Government and decisions of the Prime Minister after the Government and the Prime Minister sign them.

2. In the case of documents specified in Point a, Clause 1 of this Article, the main drafting unit provides information to the President's Office about regulatory legal documents of the National Assembly and the Standing Committee of the National Assembly drafted by the Ministry of Industry and Trade to serve the construction of press releases as prescribed in Article 12 of the Law on Popularizing and Promoting Legal Education 2012.

3. In the case of documents specified in Point b, Clause 1 of this Article, the main drafting unit provides information to the Ministry of Justice about regulatory legal documents of the Government and the Prime Minister drafted by the Ministry of Industry and Trade to serve the construction of press releases as follows:

a) Within five working days from the date the regulatory legal document of the Government and the Prime Minister is signed for issuance, the main drafting unit is responsible for preparing the information-providing document, sending it to the Ministry of Justice via letter and email, and simultaneously sending it to the Legal Affairs Department for general oversight.

b) The content of the document providing information shall be carried out according to the model attached as Appendix to Circular No. 07/2021/TT-BTP dated November 1, 2021, issued by the Minister of Justice, stipulating the issuance of press releases on legal documents promulgated by the Government and the Prime Minister.

Article 36. Consolidation of Legal Normative Documents

1. Legal normative documents that amend and supplement certain provisions of other legal normative documents must be technically consolidated with the original documents being amended and supplemented.

2. Heads of units under the Ministry shall be responsible for organizing the consolidation of legal normative documents drafted by their units when such documents are amended or supplemented, including:

b) Circulars of the Minister of Industry and Trade, joint circulars where the Ministry of Industry and Trade is the primary drafting agency.

2. Heads of units under the Ministry shall be responsible for ensuring compliance with deadlines, accuracy of content and technical aspects of consolidation as prescribed by the Standing Committee of the National Assembly.

3. Within the latest five working days from the date of receipt of the document as prescribed in point a, Clause 2, Article this, the unit drafting the amended and supplemented document shall complete the consolidation of the document, submit it to the Minister of Industry and Trade for verification signature, and implement the publication of the consolidated document as follows:

a) The unit consolidating the document shall send the consolidated document to the Office of the Government within two working days from the date of verification signature to post on the Government’s electronic portal; send the consolidated document to the Official Gazette agency to publish in the Official Gazette;

b) The unit consolidating the document shall send the consolidated document (in ".doc" electronic format and in PDF with red seal) to the Department of Legal Affairs within two working days from the date of verification signature to update on the National Database on Law.

4. Within the latest five working days from the date of issuance of the document as prescribed in point b, Clause 2, Article this, the unit drafting the amended and supplemented document shall complete the consolidation of the document, submit it to the Minister of Industry and Trade for verification signature, and implement the publication of the consolidated document as follows:

a) The unit consolidating the document shall send the consolidated document to the Ministry's Office within two working days from the date of verification signature to post on the Ministry of Industry and Trade’s electronic portal; send the consolidated document to the Official Gazette agency to publish in the Official Gazette.

b) The unit consolidating the document shall send the consolidated document (in ".doc" electronic format and in PDF with red seal) to the Department of Legal Affairs within two working days from the date of verification signature to update on the National Database on Law.

5. Heads of units under the Ministry shall be responsible for ensuring the deadlines, accuracy of content and technical consolidation as prescribed in the Consolidation of Legal Normative Documents Ordinance 2012. In case of errors, they shall bear responsibility and handle them promptly as prescribed in Article 9 of the Consolidation of Legal Normative Documents Ordinance 2012.

Article 37Announcing Investment Conditions and Foreign Investor Investment Conditions

1. For laws, ordinances, decrees containing provisions on investment business conditions and foreign investor investment conditions, the drafting unit shall submit to the Ministry’s leadership for forwarding to the Ministry of Planning and Investment the contents regarding investment business conditions and foreign investor investment conditions as prescribed in Clause 2, Article 12 and Clause 2, Clause 3, Article 14 of Decree No. 31/2021/NĐ-CP to announce on the National Portal for Enterprise Registration.

2. The deadline for submitting the contents for announcing investment business conditions and foreign investor investment conditions to the Ministry of Planning and Investment as prescribed in Clause 1 of this Article is five working days from the date of promulgation of the laws, ordinances, and decrees.

Article 38Submitting for Approval and Issuance of Circulars

1. The dossier submitted to the Minister for signing and issuing circulars includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circulars revised after receiving comments from the Ministry’s leadership as prescribed in Article 33 of this Circular;

c) Legal review report of the Legal Department; report explaining and adopting review comments;

d) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected entities of the draft;

đ) Impact assessment report; administrative procedure evaluation document if the law assigns regulations on administrative procedures; report on gender equality integration (if applicable);

e) Comments from the Department of Planning and Finance in cases where the draft circular contains content related to economic-technical norms and pricing standards;

g) Draft decision on announcing administrative procedures specified in the draft circular (if applicable);

h) Other documents (if any).

2. The dossier submitted to the Minister for signing and issuing circulars promulgating national technical standards in the industry and trade sector includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circulars revised after receiving comments from the Ministry’s leadership as prescribed in Article 33 of this Circular;

c) Legal review report of the Legal Department; report explaining and adopting review comments of the Legal Department;

d) Review opinion of the Science and Technology Department, review opinion of the Ministry of Science and Technology; report explaining and adopting review and review comments;

đ) Summary, explanation, and adoption of opinions from agencies, organizations, individuals, and directly affected entities of the draft circular;

e) Policy impact assessment report (if applicable); administrative procedure evaluation document if the law or National Assembly resolution assigns regulations on administrative procedures;

g) Draft decision on announcing administrative procedures specified in the draft (if applicable);

h) Other documents (if any).

3. The dossier submitted to the Minister for signing and issuing circulars through simplified procedures includes:

a) Proposal of the Minister regarding the draft circular;

b) Draft circulars revised after receiving comments from the Ministry’s leadership as prescribed in Article 33 of this Circular;

c) Legal review report of the Legal Department; report adopting and explaining review comments of the Legal Department;

d) Other documents (if any).

4. Draft circulars submitted to the Minister for signing and issuing must include all documents prescribed in Clause 1, Clause 2, and Clause 3 of this Article corresponding to each case; abbreviated signatures of the head of the drafting unit and the head of the Legal Department at the bottom right corner of each page of the draft document; abbreviated signature of the Ministry’s Office Leader at the final position in the "Distribution" section.

Article 39Issuance circularjoint circulars drafted under the lead of the Ministry of Industry and Trade

1. After the circulars and joint circulars are signed by the Minister, the drafting unit shall send two (2) copies of the signed circulars to the Ministry's Office along with the electronic version and shall be responsible for the accuracy of the electronic version compared to the original circulars and joint circulars;

2. The Ministry's Office shall number the circulars and joint circulars, stamp them, archive them, reproduce them, and send the circulars and joint circulars to the agencies, organizations, and individuals as listed in the "Distribution" section of the circulars and joint circulars, and return the dossier for signing to the drafting unit;

3. The Ministry's Office shall monitor the effective date of the circulars and joint circulars during the issuance process to ensure compliance with the provisions of Article 151 of the Law.

Article 40. 3. Amend Clause 3 Article 2 as follows:publish in the Official Gazette; publish the document on the Government's electronic portal, the Ministry of Industry and Trade's electronic portal; publish the document in the National Database;for 1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

1. Within three days from the date of issuance, the Office of the Ministry shall send the circulars and joint circulars (in paper and electronic form) to the Office of the Government for publication in the Official Gazette and on the Government's electronic portal, while also uploading them onto the Ministry of Industry and Trade's electronic portal, except for documents containing state secrets as prescribed by laws on state secrets.

2. Within two working days from the date of issuance, the leading unit drafting the document shall submit the full text of the regulatory document drafted by the leading unit (in ".doc" format and signed with a red seal in PDF form) to the Legal Department for publication on the National Database on Laws, except for documents containing state secrets as prescribed by laws on state secrets, and documents that are not allowed to be published publicly online.

Article 41Codification of Regulatory Documents

1. The heads of units under the Ministry are responsible for organizing the codification of legal provisions in regulatory documents drafted by their units; legal provisions in regulatory documents submitted by agencies, organizations, and National Assembly deputies for adjustment of issues within the scope of management assigned by the Ministry.

2. The codification must ensure principles of accuracy, completeness of content according to the headings; correct procedures and compliance with codification techniques as stipulated in the Legal Codification Ordinance 2012 and Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Legal Codification Ordinance on the System of Legal Provisions.

3. The heads of units under the Ministry are responsible for ensuring deadlines, accuracy of content, and technical aspects of codification as prescribed in the Legal Codification Ordinance 2012. In case of errors, they must take responsibility and proactively coordinate with the Ministry of Justice and relevant agencies to handle the situation according to Article 14 of the Legal Codification Ordinance 2012.

Article 42Translation of Regulatory Documents

1. The Legal Department leads and coordinates with Vietnam News Agency and related units to translate regulatory documents specified in Clause 1, Article 102 of Decree No. 34/2016/NĐ-CP drafted by the Ministry of Industry and Trade, and may translate other documents into English, foreign languages, or ethnic minority languages when conditions permit, particularly those directly related to the daily lives of ethnic minorities.

2. The translation of documents is carried out through hiring organizations or individuals with expertise.

3. Translations of regulatory documents into English, foreign languages, or ethnic minority languages must accurately reflect the spirit of the original document, ensure the accuracy of its content, and have only reference value.

Article 43Popularization of Regulatory Documents

1. The Legal Department leads and coordinates with the leading drafting unit to develop a plan for popularizing newly issued regulatory documents.

2. The leading drafting unit actively coordinates with the Legal Department to popularize newly issued regulatory documents.

Chapter VII

IMPLEMENTATION

 

Article 44. Responsibilities of Units under the Ministry

1. Responsibilities of the leading unit in drafting:

a) Ensuring the construction of regulatory legal documents in accordance with the procedures prescribed in the Law, Decree No. 34/2016/NĐ-CP, and this Circular;

b) Implementing the publication of administrative procedures in regulatory legal documents drafted by the leading unit and coordinating with the Ministry's Office in other administrative procedure control activities as stipulated in Circular No. 18/2018/TT-BCT;

c) Reporting on the progress of implementing the Ministry of Industry and Trade's regulatory legal document construction program as provided for in Article 19 of this Circular and being responsible to the Minister for the progress report of their own unit's documents;

d) In cases where regulatory legal documents have been assigned by competent authorities to draft but are not included in the Program, the leading drafting unit shall proactively implement the document construction process in accordance with laws on issuing regulatory legal documents and this Circular;

đ) Ensuring that circulars and joint circulars are fully sent to competent agencies for monitoring, inspection, and publication in the Official Gazette as prescribed;

a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;

a) Being responsible to the Minister for ensuring the deadlines and quality of the results of circulars reviewed by the unit. For draft circulars containing content related to national technical standards, economic-technical norms, pricing norms, the Legal Department shall be responsible for ensuring that the circulars are constructed and issued in accordance with the laws on issuing regulatory legal documents and this Circular;

b) Guiding units in reporting progress; urging and compiling reports on the progress of implementing the Ministry's regulatory legal document construction program;

c) Reporting to the Minister on issues arising during the implementation of the regulatory legal document construction program;

d) Drafting six-monthly, annual, or ad hoc reports on regulatory legal document construction work according to the directives of the Ministry's leadership or the requirements of competent authorities;

đ) Guiding, urging, and consolidating the unification of units;

e) Guiding, urging, and inspecting the codification of units;

g) Other tasks as prescribed in this Circular;

3. Responsibilities of the Office of the Ministry:

a) Reviewing decisions on the publication of administrative procedures in regulatory legal documents as prescribed in Circular No. 18/2018/TT-BCT;

b) Supervising the implementation of administrative procedures: Publicizing administrative procedures in regulatory legal documents; receiving, assigning, and supervising the handling of complaints and suggestions about administrative procedures within the industrial and trade sector as stipulated in regulatory legal documents; assigning relevant units to conduct reviews and evaluations of administrative procedures in the industrial and trade sector as prescribed in Circular No. 18/2018/TT-BCT;

c) Supervising the effective date of circulars during issuance to ensure compliance with the provisions of Article 151 of the Law;

d) Publishing draft regulatory legal documents, explanations, and responses on the Ministry of Industry and Trade's electronic portal and sending comments on the portal for the leading drafting unit to consider and respond;

đ) Other tasks as prescribed in this Circular;

4. Responsibilities of the Science and Technology Department

Being responsible for professional opinions in draft circulars concerning national technical standards;

5. Responsibilities of the Planning and Finance Department

Being responsible for professional opinions in draft circulars concerning economic-technical norms and pricing norms;

Article 45. Ensuring human resources and material conditions for regulatory legal document construction and issuance

The Ministry's leadership and heads of units under the Ministry within their functions, duties, and powers shall allocate personnel, financial support, working tools, information, and other necessary conditions for preparing, drafting, participating in opinions, reviewing, and issuing regulatory legal documents;

Article 46. Financial resources for regulatory legal document construction and issuance

1. The Planning and Finance Department allocates funds from the state budget annually for the Ministry of Industry and Trade's regulatory legal document construction and issuance work in accordance with current regulations;

2. Based on the state budget funds, the Legal Department submits to the Ministry's leadership for consideration and decision on allocating financial support for regulatory legal document construction and issuance to units under the Ministry (including Departments, the Inspectorate, and the Ministry's Office);

3. The Science and Technology Department coordinates with the Planning and Finance Department to allocate funds for research topics providing scientific and practical bases for constructing regulatory legal documents with broad scope and complex subjects, potentially causing significant impacts, proposed by the leading drafting unit or the Legal Department, in accordance with annual science and technology plan guidelines of the Ministry;

4. Units supported with financial resources for regulatory legal document construction shall use the allocated funds in accordance with financial regulations, ensuring valid and lawful documentation as required. The Ministry's Office guides units in using and settling accounts for each regulatory legal document's financial resources;

Article 47. Commendation and Awards

1. Compliance with the schedule for drafting regulatory legal documents as decided in the Ministry of Industry and Trade's regulatory legal document construction program and by competent authorities, without contravening the law, is one of the criteria for annual commendation and award assessment for individuals and units under the Ministry;

2. The unit tasked with commendation and award work shall seek the Legal Department's opinion on the progress of drafting documents by units under the Ministry when conducting annual commendation and award assessments for individuals and units under the Ministry.

Article 48. X1. The Minister shall examine and handle collective and individual responsibility of the head of the unit assigned to draft regulatory legal documents in accordance with Article 68 of the Law.

1. The unit assigned to lead the drafting of regulatory legal documents that fails to ensure the progress and quality of regulatory legal document construction shall be held responsible before the Minister in accordance with the Circular of the Minister of Industry and Trade on competition, rewards, and other relevant laws.

2. Leaders of the Ministry who are tasked with directing the construction of regulatory legal documents within their assigned fields but fail to meet deadlines shall be criticized within the Ministry's leadership body.

 

Chapter VIII

IMPLEMENTING PROVISIONS

 

Article 49Cross-reference provision

In cases where the documents; names, functions, tasks, and organizational structures of units referred to in this Circular are replaced or amended, they shall be implemented according to the replacing or amending documents.

Article 50. Effectiveness

1. This Circular takes effect from February 15, 2024, replacing Circular No. 08/2021/TT-BCT dated September 30, 2021, issued by the Minister of Industry and Trade regarding the construction and issuance of regulatory legal documents of the Ministry of Industry and Trade.

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

3. During implementation, if there are difficulties or obstacles, agencies, units, organizations, and individuals should report to the Ministry of Industry and Trade (through the Department of Legal Affairs) for guidance and resolution./.