This paragraph describes the process of establishing and issuing circulars at the Ministry of Industry and Trade, including soliciting opinions, communicating draft circulars, compiling comments, submitting files for review, and organizing reviews. This process aims to ensure transparency, effectiveness, and social consensus in the establishment of regulatory legal documents.
Scope of application
This provision applies to units under the Ministry of Industry and Trade when establishing and issuing circulars.
Key points
- Solicit opinions from entities directly affected by the circular
- Communicate the draft circular
- Compile and explain comments received
- Submit the file for review
- Review through a council or review meeting
🌐 Social impact of this document
- Ensure transparency in the process of establishing regulatory legal documents
- Create conditions for relevant parties to provide feedback and critique
- Help improve the quality and effectiveness of the circular
❓ Frequently asked questions
Whose opinions should be sought when drafting the circular?
Entities directly affected by the circular and related agencies or organizations.
What is the minimum time period for posting the draft circular file?
At least 10 days on the Ministry of Industry and Trade's electronic portal and the website of the main drafting unit.
Can a review council be organized in all cases?
No, there are certain cases such as circulars established through a shortened procedure or where there are no differing opinions on the basic content, which do not require organizing a review council.
Full text
CIRCULAR
Article 24regulating construction, issuance and organization of implementation of legal normative documents of the Ministry of Industry and Trade
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Pursuant to the Law on Issuance of Legal Normative Documents No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15 (hereinafter referred to as the Law);
Pursuant to the Law on Popularizing and Promoting Legal Education No. 14/2012/QH13;
Pursuant to the Ordinance on Consolidation of Legal Normative Documents No. 01/2012/UBTVQH13;
Pursuant to the Ordinance on Codification of Legal Normative Systems No. 03/2012/UBTVQH13;
Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade amended and supplemented by Decrees No. 109/2025/NĐ-CP and No. 193/2025/NĐ-CP;
Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;
Pursuant to Decree No. 79/2025/NĐ-CP dated April 1, 2025 of the Government on inspection, review, systematization, and handling of legal normative documents; Government concerning inspection, review, systematization, and handling of regulatory legal documents;
Pursuant to Decree No. 187/2025/NĐ-CP dated July 1, 2025 of the Government amending and supplementing certain articles of Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing certain provisions and measures for organizing and guiding the implementation of the Law on Issuance of Legal Normative Documents and Decree No. 79/2025/NĐ-CP dated April 1, 2025 of the Government on inspection, review, systematization, and handling of legal normative documents;
Pursuant to Decree No. 80/2025/NĐ-CP dated April 1, 2025 of the Government on organization of implementation of legal normative documents;
Pursuant to Decree No. 52/2015/NĐ-CP dated May 28, 2015 of the Government on National Database on Laws;
At the proposal of the Director of the Legal Department;
The Minister of Industry and Trade issues this Circular stipulating on construction, issuance, and organization of implementation of legal normative documents of the Ministry of Industry and Trade.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular stipulates on the work of construction, issuance, and organization of implementation of legal normative documents of the Ministry of Industry and Trade, including: procedures for proposing, constructing, and issuing legal normative documents; organization of implementation of legal normative documents issued by the Minister of Industry and Trade, jointly issued or submitted to competent authorities.
Article 2. The construction and issuance of circulars establishing national technical standards in the field of industry and trade must comply with the provisions of laws on standards and technical regulations and the provisions of this Circular.
Article 3. The construction and issuance of joint legal normative documents shall be carried out in accordance with Clause 2 of Article 49 of the Law and implement the contents stipulated in Clause 4 of Article 3 of this Circular.
Article 2. Applicability
This Circular applies to Departments, Bureaus, Institutes, Office of the Ministry, National Competition Commission, Vietnam Industry and Trade Newspaper, Vietnam Industry and Trade Magazine (collectively referred to as units under the Ministry); organizations and individuals related to the work of construction, issuance, and organization of implementation of legal normative documents within the scope of management of the Ministry of Industry and Trade.
Article 3. Leadership and guidance in construction, issuance, and organization of implementation of legal normative documents
1. Construction, issuance, and organization of implementation of legal normative documents of the Ministry of Industry and Trade are led and directed centrally, uniformly, strictly, and comprehensively by the Minister of Industry and Trade and the Standing Committee of the Party Central Committee of the Ministry of Industry and Trade.
2. Leaders of the Ministry assigned to oversee specific areas shall direct the work of construction of legal normative documents; guide and urge the main drafting unit regarding progress, content, complex issues, and differing opinions on draft legal normative documents, and bear responsibility before the Minister for ensuring the progress and quality of the drafting of legal normative documents.
3. Heads of units under the Ministry shall be responsible for directing civil servants in their units to strictly implement regulations on construction and organization of implementation of legal normative documents; ensure close coordination with the party committee of the unit in the construction of legal normative documents.
4. The main advisory, proposal, and drafting unit of legal normative documents shall be responsible for reporting and seeking opinions from authorized party committees according to the law and at the following times:
a) Proposing legislative tasks for the National Assembly's term; proposing or adjusting the annual legislative program, except when implementing directives in documents of authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government,
b) Proposing policy content; submitting policies to the Government for approval for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly;
c) Draft project laws, ordinances, resolutions submitted to the Government for consideration and decision to submit to the National Assembly, Standing Committee of the National Assembly;
d) Registering to construct decrees, resolutions of the Government, decisions of the Prime Minister, except when implementing directives in documents of authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government, Prime Minister; Drafts for submission to the Government for decrees, resolutions, and decisions of the Prime Minister;
đ) Approving proposals for the issuance of circulars, except when implementing directives in documents of authorized agencies of the Party, National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, decisions of the Prime Minister
e) Approving other relevant activities related to the process of construction and organization of implementation of legal normative documents.
5. The party committee of the main advisory, proposal, and drafting unit of legal normative documents shall be fully responsible to the higher-level party committee for the progress and quality of the drafting of legal normative documents in the assigned area.
6. Reporting and seeking opinions from authorized party agencies at the Ministry of Industry and Trade shall be implemented in accordance with regulations, rules, and guidelines of the authorized party committee.
Article 4. Construction and issuance of regulatory legal documents according to simplified procedures, in special cases
1. The construction and issuance of regulatory legal documents shall be carried out according to simplified procedures as prescribed in Articles 50 and 51 of the Law. Among them:
a) Documents for review, examination, and submission of draft laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly as stipulated in Clause 5 and Clause 6 of Article 51 of the Law;
b) Documents for review and submission of draft decrees and resolutions of the Government according to simplified procedures as prescribed in Point a, Clause 17 of Article 1 of Decree No. 187/2025/NĐ-CP;
c) Documents for review and submission of draft decisions of the Prime Minister as prescribed in Point e, Clause 19 of Article 1 and Point b, Clause 20 of Article 1 of Decree No. 187/2025/NĐ-CP;
d) Documents for review and submission of draft circulars of Ministers as prescribed in Clause 3 of Article 17 and Article 20 of this Circular.
2. In cases where there is a basis for applying simplified procedures to circulars of Ministers, the leading unit responsible for drafting shall report to the Minister for consideration and decision on the construction and issuance of circulars according to simplified procedures.
3. The Minister himself or at the proposal of the leading unit responsible for drafting shall decide on the application of simplified procedures in the construction and issuance of circulars.
4. The construction and issuance of regulatory legal documents in special cases shall be implemented according to Article 52 of the Law; Clause 2, 3, 4 of Article 35 of Decree No. 78/2025/NĐ-CP; Point b, Clause 17 of Article 1 of Decree No. 187/2025/NĐ-CP.
Chapter II
CONSTRUCTION OF LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY, ORDINANCES, RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Article 5. Drafting proposals on Legislative Orientation for the Term of the National Assembly
1. Units under the Ministry shall take the initiative within their functional and assigned tasks or upon the request of the Legal Affairs Department to review, study, and submit documents proposing legislative tasks for the term of the National Assembly to the Legal Affairs Department for consolidation.
2. Proposals for legislative tasks must clearly state: the name of the law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly or the issue requiring research and review; basis, content to be researched, reviewed, and institutionalized; the main implementing agency; estimated completion time for research and review and the time required for amending, supplementing, or issuing new laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly (if applicable).
3. The Legal Affairs Department shall be responsible for consolidating the proposals from units under the Ministry and reporting to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister for forwarding to the Ministry of Justice for consolidation and reporting to the Government.
4. In cases of newly arising legislative tasks, the proposing unit shall report to the competent authority as prescribed in Clause 4 of Article 3 of this Circular before submitting to the Minister for forwarding to the Ministry of Justice for consolidation, while also sending to the Legal Affairs Department for monitoring.
5. Before January 1 of the last year of the term of the National Assembly, the Legal Affairs Department shall be responsible for leading the drafting of the Project and Plan for Summarizing Legislative Orientation for the Term and Drafting Orientation for the Next Term to be issued by the Minister. Based on the approved Project and Plan, the Legal Affairs Department shall lead and coordinate with relevant units within the Ministry to implement. The results of implementation shall serve as the basis for compliance with the provisions of Clause 3 of this Article.
Article 6. Proposing the Annual Legislative Program of the National Assembly
1. Units under the Ministry shall submit proposals for drafting laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly to the Department of Legal Affairs for consolidation. The proposal shall clearly state the necessity, purpose, scope of regulation, applicable subjects; specific issues to resolve contradictions, overlaps, and inadequacies caused by laws; new issues, trends, and other necessary contents (if any); the expected time for submission and approval of each law, ordinance, and resolution; progress of completed tasks (if any).
2. The Department of Legal Affairs shall consolidate the proposals from units, report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister regarding the content of the proposal for drafting laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly to be sent to the Ministry of Justice before June 1st of each year for consolidation.
3. In cases where it is necessary to adjust the Annual Legislative Program of the National Assembly, the unit proposing the adjustment shall prepare a draft report according to Clause 2, Article 24 of the Law, and report to the Ministry's leadership responsible for sending a document seeking opinions from the Ministry of Justice on the content of the draft report proposing the adjustment.
Based on the opinion of the Ministry of Justice, the unit proposing the adjustment shall be responsible for incorporating, revising, and perfecting the draft report proposing the adjustment, and report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for deciding on the submission of the draft report proposing the adjustment to the Government.
In cases where the Government approves the content of the adjustment to the Annual Legislative Program, the unit proposing the adjustment shall report to the Minister about signing on behalf of the Prime Minister to submit the report proposing the adjustment of the Annual Legislative Program to the Standing Committee of the National Assembly.
Article 7. Drafting Policies and Submitting to the Government for Approval
The process of drafting policies in the development of legal normative documents as stipulated in Clause 1, Article 27 of the Law shall be carried out as follows:
1. The Minister shall assign a unit under the Ministry with appropriate functions, tasks, and authorities to take the lead in proposing the drafting of policies for each legal normative document within the Orientation and Program specified in Articles 5 and 6 of this Circular.
2. In cases where a legal normative document contains policy content within the functions, tasks, and authorities of two or more units under the Ministry or related to the functions, tasks, and authorities of other Ministries, sectors, organizations, or individuals, the unit proposing the policy shall propose a plan for the expected drafting of policies; report to the Minister for consideration of the necessity to establish a Steering Committee or Working Group to implement the drafting of policies. If the Minister decides to establish a Steering Committee or Working Group, the unit proposing the policy shall propose specific assignments for members of the Steering Committee or Working Group in accordance with their functions, tasks, and authorities at the decision establishing the committee or group.
3. Units under the Ministry as stipulated in Clause 1; agencies, organizations, and individuals who are members of the Steering Committee or Working Group as stipulated in Clause 2 shall be responsible for the content of the proposal, the results of the proposal, and the impact assessment of the policy they implement or implement according to their assignment. Opinions from individuals are considered official opinions of the agency or organization where they work.
4. The leading unit proposing the policy shall determine the policy according to Clause 1 of this Article or through the Steering Committee or Working Group as stipulated in Clause 2 of this Article, in accordance with Article 28 of the Law. The leading unit proposing the policy shall report the results of consolidating the determination of the policy to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular for examination and approval of the policy direction.
5. Based on the approval of the policy direction as stipulated in Clause 4 of this Article, the implementation of policy evaluation in the development of legal normative documents includes the following activities:
a) Organizing a policy impact assessment as stipulated in Article 29 of the Law and Article 14 of Decree No. 78/2025/NĐ-CP;
b) Preparing a policy dossier as stipulated in Clause 2, Article 30 of the Law;
c) Organizing public comments on the policy dossier as stipulated in point a, Clause 1, Article 30 of the Law and Clause 6, Article 1 of Decree No. 187/2025/NĐ-CP;
d) Organizing a policy consultation conference as stipulated in point b, Clause 1, Article 30 of the Law and Clause 1, Article 15 of Decree No. 78/2025/NĐ-CP;
đ) Compiling a summary of opinions; seriously and fully incorporating and explaining all suggestions from organizations and individuals, and opinions from organizations and individuals at the policy consultation conference. Sending the summary of opinions, incorporation, and explanation of suggestions to the Vietnam Trade Newspaper for publication on the electronic portal of the Ministry of Industry and Trade and on the website of the unit itself (if any) no later than 25 days from the end of the comment period, with a minimum publication period of 30 days;
e) The leading unit proposing the policy shall take the lead and coordinate with the Vietnam Trade Newspaper, Vietnam Trade Magazine, and other relevant agencies and organizations to organize policy communication from the start of the comment period until the Government approves the policy. The content and form of communication shall be implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other contents deemed necessary by the leading unit proposing the policy to achieve effectiveness and social consensus.
6. The leading unit proposing the policy shall submit the policy dossier as stipulated in Clause 2, Article 31 of the Law and point a, Clause 7, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review.
7. In cases where the review opinion is that the policy dossier is ready for submission to the Government or only ready after incorporating and perfecting, the leading unit proposing the policy shall organize the study, incorporate, revise, and perfect the policy dossier, reporting to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting to the Minister for consideration and decision on submission to the Government.
8. In case the review opinion states that the policy dossier does not meet the conditions to be submitted to the Government, the leading unit proposing the policy shall organize the revision and improvement of the policy dossier, report to the leadership of the Ministry responsible for sending the document to the Ministry of Justice for re-examination. During the process of improving the policy dossier, if there are fundamental changes, omissions, or additions of new policies compared to the dossier submitted for examination, the leading unit proposing the policy must report to the competent authority specified in Clause 4, Article 3 of this Circular before submitting it to the Minister for consideration and decision on submission to the Government.
9. During the period when the Government is considering and deciding to approve the policy, the leading unit proposing the policy is responsible for coordinating with relevant units of the Government Office, the Ministry of Justice, and other ministries and equivalent agencies to incorporate, revise the policy dossier according to the directives of the competent authority and promptly report to the leadership of the Ministry responsible. If the incorporation and revision of the policy dossier results in fundamental changes to the content of the policy already submitted, omissions, or additions of new policies compared to the submitted dossier, the unit proposing the policy must assess and supplement the changed, omitted, or newly added contents, report to the competent authority specified in Clause 4, Article 3 of this Circular for the Minister's consideration and decision before resubmitting to the Government.
The policy dossier submitted to the Government shall comply with the provisions of Clause 2, Article 17 of Decree No. 78/2025/NĐ-CP.
10. When the Government decides to approve the policy dossier, the leading unit proposing the policy is responsible for revising the policy dossier according to the Government's resolution, report to the Minister for consideration and approval as the basis for assigning subordinate units of the Ministry to implement the procedure for drafting normative legal documents to codify the policy.
Article 8. Drafting, submitting for review, and presenting to the Government for consideration and decision on legislative projects, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly.
The implementation of the procedure for drafting normative legal documents stipulated in Section 3, Chapter III of the Law shall be carried out as follows:
1. The Minister assigns the leading unit proposing the policy as stipulated in Article 7 of this Circular to be the leading unit for drafting. Depending on practical circumstances, the Minister may assign another unit under the Ministry to be the leading unit for drafting.
2. In cases where a Drafting Team is established as provided for in point a, Clause 1, Article 18 of Decree No. 78/2025/NĐ-CP, the leading unit for drafting shall propose specific tasks for members of the Drafting Team in accordance with their functions, duties, and authorities as stipulated in the establishment decision.
3. Units under the Ministry as stipulated in Clause 1 of this Article; organizations, individuals who are members of the Drafting Team as stipulated in Clause 2 of this Article shall be responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered official opinions of their working organizations.
4. The leading unit for drafting shall report to the leadership of the responsible Ministry for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Legal Department for monitoring and urging progress.
5. Based on the approved detailed drafting plan, the leading unit for drafting shall be responsible for implementing the following contents:
a) Organizing the drafting process;
b) Preparing the project dossier for laws, ordinances, and resolutions in accordance with Clause 4, Article 33 of the Law. Among which, the draft proposal must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;
c) Organizing the solicitation of opinions on the dossier as stipulated in point a, Clause 3, Article 33 of the Law and point a, Clause 8, Article 1 of Decree No. 187/2025/NĐ-CP. For documents that have been approved through the policy process as stipulated in Article 7 of this Circular, it is not mandatory to solicit opinions;
d) Soliciting social feedback from the Vietnam Fatherland Front as stipulated in point b, Clause 3, Article 33 of the Law;
đ) Sending the Vietnam Industry News to publish the project dossier for laws, ordinances, and resolutions on the electronic portal of the Ministry of Industry and Trade, implementing publication on its own electronic portal (if available), and sending the Legal Department for publication on the National Legal Portal for at least 20 days to allow participation and contribution from relevant agencies, organizations, and individuals, except in cases where international treaties to which the Socialist Republic of Vietnam is a member prescribe otherwise;
e) Compiling a summary of opinions; seriously and comprehensively incorporating and explaining all contributions and social feedback. Sending the Vietnam Industry News to publish the summary of opinions, incorporation, and explanation of contributions on the electronic portal of the Ministry of Industry and Trade and on its own electronic portal (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed shall be carried out simultaneously;
g) Leading and coordinating with the Vietnam Industry News, Vietnam Industry Magazine, and related organizations to organize communication on the draft laws, ordinances, and resolutions from the time of soliciting opinions until the National Assembly and the Standing Committee of the National Assembly approve the legislative projects, ordinances, and resolutions. The content and form of communication shall be implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit for drafting to achieve effectiveness and social consensus.
6. In cases where new policies arise during the drafting process, the leading unit for drafting shall implement in accordance with the provisions of Article 7 of this Circular.
7. The leading unit for drafting shall submit the project dossier for laws, ordinances, and resolutions in accordance with Clause 2, Article 34 of the Law and point a, Clause 9, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review.
8. In case the review opinion states that the project dossier for laws, ordinances, and resolutions meets the conditions to be submitted to the Government or only meets the conditions after incorporating and perfecting, the leading unit for drafting shall be responsible for studying, incorporating, revising, and perfecting the project dossier, reporting to the competent authority specified in Clause 4, Article 3 of this Circular before submitting it to the Minister for submission to the Government.
In the case where the review opinion states that the draft project's dossier for the Law, Ordinance, or Resolution does not meet the conditions to be submitted to the Government, the leading unit responsible for drafting shall have the responsibility to revise and perfect the dossier of the draft project, report to the leadership of the Ministry in charge, and submit the document to the Ministry of Justice for re-review. During the process of perfecting the dossier of the draft Law, Ordinance, or Resolution, if new contents are added, deleted, or modified significantly compared to the dossier submitted for review, the leading unit must report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting it to the Minister for consideration and decision prior to resubmitting to the Government.
9. During the process of the Government considering and approving the dossier of the draft Law, Ordinance, or Resolution, the leading unit responsible for drafting shall coordinate with relevant units of the Government Office, the Ministry of Justice, and other ministries and equivalent agencies to incorporate, revise the dossier according to the directives of the competent authority and promptly report to the leadership of the Ministry in charge. If the incorporation and revision result in significant changes, deletions, or additions compared to the submitted dossier, the leading unit responsible for drafting shall have the responsibility to evaluate the additional, deleted, or newly added contents, report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting it to the Minister for consideration and decision prior to resubmitting to the Government.
The dossier of the draft project submitted to the Government in accordance with Clause 2, Article 20 of Decree No. 78/2025/NĐ-CP.
10. When the Government approves the dossier of the draft Law, Ordinance, or Resolution, the leading unit responsible for drafting shall coordinate with the Standing Body of the leading agency for review, the Ministry of Justice, and related agencies and organizations to revise the dossier in accordance with Clause 10, Article 1 of Decree No. 187/2025/NĐ-CP.
Article 9. Submitting Laws, Ordinances, and Resolutions to the National Assembly or the Standing Committee of the National Assembly for approval.
1. Based on the provisions of Clause 10, Article 8 of this Circular, the leading unit responsible for drafting shall prepare the dossier of the draft Law, Ordinance, or Resolution in accordance with Clause 3, Article 37 of the Law and submit it to the leading agency for review assigned by the National Assembly, while simultaneously sending it to the Legal Affairs Department for publication of the draft dossier to be submitted to the National Assembly or the Standing Committee of the National Assembly on the National Legal Portal.
2. Upon receiving a request to participate in a review session convened by the reviewing body of the National Assembly, the leading unit responsible for drafting shall report to the Minister to designate a representative from the leadership of the Ministry to attend the review session.
3. In the event that the Standing Committee of the National Assembly returns the dossier of the draft Law, Ordinance, or Resolution due to insufficient conditions for submission as stipulated in Point b, Clause 6, Article 37 of the Law, the leading unit responsible for drafting shall report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting it to the Minister for consideration and decision to resubmit to the Government.
4. In the case where the dossier of the draft Law, Ordinance, or Resolution has not been agreed upon by the Standing Committee of the National Assembly or the draft contains important and complex contents requiring additional time for further incorporation and revision as provided in Clause 5, Article 38, and Point d, Clause 7, Article 40 of the Law, the leading unit responsible for drafting shall report to the authority with jurisdiction as stipulated in Clause 4, Article 3 of this Circular before submitting it to the Minister for consideration and decision regarding resubmission to the Government.
Chapter III
BUILDING LEGAL REGULATIONS OF THE GOVERNMENT, PRIME MINISTER, AND MINISTERS
Section 1
REGISTRATION FOR BUILDING DECREES, RESOLUTIONS OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER, AND CIRCULARS OF THE MINISTERS OF INDUSTRY AND TRADE
Article 10. Establishing a list of detailed regulatory documents and publishing detailed regulatory documents, specifying concrete measures to organize and guide the implementation of normative legal documents that continue to be effective.
1. For detailed regulatory documents of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the main drafting unit shall perform the following contents:
a) Establish a list of detailed regulatory documents of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, indicating clearly the name of the document to be detailed; the content assigned for detailing; the drafting agency, the coordinating agencies; the deadline for submission or issuance;
b) Send the list of detailed regulatory documents as stipulated in point a of this clause to the Legal Department within five days from the date the law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly is adopted;
c) Ensure the quality and progress of drafting, the deadline for submitting detailed regulatory documents according to the decision on establishing the list of detailed regulatory documents issued by
2. For detailed regulatory documents of decrees, resolutions of the Government, decisions of the Government, directives of the Prime Minister, circulars of the Minister of Industry and Trade, the main drafting unit shall perform the following contents:
a) Advise the Ministry's leadership responsible to issue a written notice to ministries, ministerial-level agencies, People's Councils, People's Committees at provincial level about the contents of the decree, resolution of the Government, decision of the Government, directive of the Prime Minister assigning the Minister, head of a ministerial-level agency, People's Councils, People's Committees at provincial level to detail within five days from the date the decree, resolution, decision is signed and issued;
b) Advise the Ministry's leadership responsible to issue a written notice to People's Councils, People's Committees at provincial level about the contents of the circular assigning People's Councils, People's Committees at provincial level to detail within five days from the date the circular is signed and issued;
c) Monitor and urge the drafting and issuance of detailed regulatory documents by ministries, ministerial-level agencies, People's Councils, People's Committees at provincial level to implement the decree, resolution of the Government, decision of the Prime Minister drafted by the Ministry of Industry and Trade; the drafting and issuance of detailed regulatory documents by People's Councils, People's Committees at provincial level to implement the circular of the Minister of Industry and Trade; promptly handle issues arising during the drafting of detailed regulatory documents.
3. The Legal Department shall perform the following contents:
a) Compile proposals from units, establish a list of contents of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly assigned to ministries, ministerial-level agencies, local authorities to detail, submit to the Ministry of Justice for consolidation within ten days from the date the law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly is adopted;
b) Monitor and urge the drafting and issuance of detailed regulatory documents to implement laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees, resolutions of the Government; decisions of the Prime Minister, which are drafted by the Ministry of Industry and Trade;
4. Publishing detailed regulatory documents, specifying concrete measures to organize and guide the implementation of normative legal documents that have been amended, supplemented, or replaced where such documents continue to be effective.
The main drafting unit of the document shall implement the provisions at point b of Clause 2, Article 1 of Decree No. 187/2025/NĐ-CP as follows:
a) Submit to the Minister for issuing an administrative decision to publish the entire or part of the circular of the Minister detailing, specifying concrete measures to organize and guide the implementation of higher-level normative legal documents that continue to be effective;
b) Report to the Minister to submit to the Government for issuing an administrative resolution to publish the entire or part of the decree, resolution of the Government detailing, specifying concrete measures to organize and guide the implementation of higher-level normative legal documents that have been amended, supplemented, or replaced where such documents continue to be effective;
c) Report to the Minister to submit to the Prime Minister for issuing an administrative decision to publish the entire or part of the decision of the Prime Minister detailing, specifying concrete measures to organize and guide the implementation of higher-level normative legal documents that have been amended, supplemented, or replaced and continue to be effective.
Article 11. Registration for drafting decrees, resolutions of the Government, and decisions of the Prime Minister
The registration for drafting other regulatory legal documents of the Government and the Prime Minister shall be carried out in accordance with the provisions of Article 26 of Decree No. 78/2025/NĐ-CP, the Operational Regulations of the Government, and Clause 4 of Article 3 of this Circular.
Section 2
DRAFTING, SUBMITTING FOR APPROVAL AND ISSUANCE OF DECREES, RESOLUTIONS OF THE GOVERNMENT, AND DECISIONS OF THE PRIME MINISTER
Article 12. Drafting, sending for review, and submitting to the Government for approval of decree drafts
1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.
2. In cases where a drafting team is established according to the provisions of point b, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP, the leading drafting unit proposes specific tasks assigned to members of the drafting team in accordance with the functions, duties, and authorities of the agencies, units, and organizations as stipulated in the decision on establishment.
3. Units under the Ministry as stipulated in Clause 1 of this Article; organizations, individuals who are members of the Drafting Team as stipulated in Clause 2 of this Article shall be responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered official opinions of their working organizations.
4. The leading unit for drafting shall report to the leadership of the responsible Ministry for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Legal Department for monitoring and urging progress.
5. Based on the detailed drafting plan that has been approved, the drafting unit is responsible for implementing the following contents:
a) Summarizing the implementation of laws, evaluating current regulatory legal documents, surveying, and assessing the actual social relations related to the draft document or assessing the policy impact in the draft regulatory legal document as prescribed in point a, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;
b) Organizing the drafting process;
c) Preparing the draft document dossier in accordance with Clause 2, Article 27 of Decree No. 78/2025/NĐ-CP, which has been amended and supplemented by point b, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP. Among them, the draft report must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;
d) Organizing public opinion and social debate on the dossier at point c of this clause in accordance with point a, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP and point đ, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;
đ) Sending to the Vietnam Industry News to publish the draft document dossier on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days for relevant agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;
e) Compiling a summary of opinions; seriously and comprehensively incorporating and explaining all contributions and social feedback. Sending the Vietnam Industry News to publish the summary of opinions, incorporation, and explanation of contributions on the electronic portal of the Ministry of Industry and Trade and on its own electronic portal (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed shall be carried out simultaneously;
g) Taking the lead and coordinating with the Vietnam Industry News, Vietnam Industry Magazine, and other relevant agencies and organizations to communicate the draft from the time of soliciting opinions until the Government issues the decree. The content and form of communication are implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading drafting unit to achieve effectiveness and social consensus.
7. Submitting the draft document dossier to the competent leader of the Ministry in charge for submission to the Ministry of Justice for review in accordance with Clause 1, Article 28 of Decree No. 78/2025/NĐ-CP, which has been amended and supplemented by point a, Clause 13, Article 1 of Decree No. 187/2025/NĐ-CP. If the dossier does not meet the requirements, the leading drafting unit is responsible for supplementing the dossier according to the request of the Ministry of Justice.
8. In cases where the review opinion states that the draft document is ready to be submitted to the Government or only meets the conditions to be submitted to the Government after incorporating feedback and completing, the leading drafting unit is responsible for studying, incorporating feedback, revising, and perfecting the draft decree before reporting to the authority specified in Clause 4, Article 3 of this Circular prior to reporting to the Minister for submission to the Government.
9. In cases where the review opinion states that the draft document is not yet ready to be submitted to the Government, the leading drafting unit is responsible for studying, incorporating feedback, revising, and perfecting the draft document and reporting to the competent leader of the Ministry in charge to send the draft document dossier to the Ministry of Justice for re-review. During the process of perfecting the draft document dossier, if new substantial changes, omissions, or additions occur compared to the dossier sent for review, the leading drafting unit reports to the authority specified in Clause 4, Article 3 of this Circular before submitting the revised and perfected draft document dossier to the Minister for consideration and approval, in coordination with relevant agencies in accordance with Clause 2, Article 29 of Decree No. 78/2025/NĐ-CP to report to the Prime Minister while sending it to the Ministry of Justice.
10. During the period when the Government is considering and approving the draft document dossier, the leading drafting unit is responsible for cooperating with units of the Government Office and relevant agencies to incorporate feedback and revise the draft document dossier according to the directives of the competent authority and promptly reporting to the competent leader of the Ministry in charge.
11. For decrees prescribed in point c, Clause 1, Article 14 of the Law, during the period when the Government is considering and approving the draft decree or seeking opinions from the Standing Committee of the National Assembly on issuing the decree, the leading drafting unit is responsible for cooperating with relevant agencies to incorporate feedback from Government members and the Standing Committee of the National Assembly to revise and perfect the draft document.
12. In cases where the draft decree is approved, the leading drafting unit reports to the competent leader of the Ministry in charge to submit the dossier to the Prime Minister for signing and issuing the Decree.
In cases where the draft decree is not approved, the leading drafting unit cooperates with relevant agencies to study, incorporate feedback, revise, and perfect the draft document according to the directives of the Government, reporting to the authority specified in Clause 4, Article 3 of this Circular before the Minister considers and submits the revised and perfected decree dossier to the Government for approval.
Article 13. Drafting and submitting to the Government for approval the draft resolution of the Government as prescribed in points a and b, Clause 2, Article 14 of the Law.
1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.
2. The leading unit shall report to the Department Leader responsible for reviewing and approving the detailed drafting plan. The detailed drafting plan must be sent to the Legal Department for monitoring and urging progress.
3. Based on the approved detailed drafting plan, the leading unit shall be responsible for:
a) Preparing the draft document file including: submission letter; draft resolution; comparison and explanation of the draft content; other documents (if any). Among these, the draft submission letter must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP.
b) Organizing the collection of opinions on the draft resolution according to the provisions at point c, Clause 1, Article 32 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 14, Article 1 of Decree No. 187/2025/NĐ-CP.
c) Compiling a summary of opinions; seriously and fully adopting and explaining all comments. Submitting the Vietnam Industry News to publish the summary of opinions, adoption, and explanations of comments on the Ministry of Industry and Trade's electronic portal and on their own website (if available) no later than 25 days from the end of the comment period, with a minimum publication time of 30 days. During this period, other activities in the process of drafting and promulgating regulatory documents as prescribed shall be carried out simultaneously.
d) Leading and coordinating with the Vietnam Industry News, Vietnam Industry Magazine, and related agencies and organizations to communicate the draft from the date of collecting comments until the Government issues the resolution. The content and form of communication shall be implemented according to the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit to achieve effectiveness and social consensus.
4. On the basis of the draft resolution file that has been revised, completed, and unified with relevant agencies, the leading unit shall report to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting the draft resolution file to the Minister for approval according to the provisions at point b, Clause 1, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP to submit to the Government.
5. During the Government's review and approval of the draft resolution, the leading unit shall be responsible for leading and coordinating with the Government Office and related agencies and units to adopt the opinions of Government members, revise, and complete the draft.
In case the draft resolution has not been approved, the leading unit shall coordinate with related agencies and units to study, adopt, revise, and complete the draft according to the Government's and Prime Minister's directives, reporting to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before submitting the draft resolution file to the Minister for consideration and submitting it to the Government for approval.
Article 14. Drafting, reviewing, and submitting to the Government for approval the draft resolution of the Government as prescribed in point c, Clause 2, Article 14 of the Law.
1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.
2. The leading unit shall report to the Department Leader responsible for reviewing the necessity of establishing a drafting team to implement the drafting of the document according to the provisions at point b, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP. In case the Department Leader decides to establish a drafting team, the leading unit shall propose specific assignments for the drafting team members suitable to the functions, tasks, and authorities of the agency, unit, or organization as stipulated in the establishment decision.
3. Units under the Ministry as stipulated in Clause 1 of this Article; organizations, individuals who are members of the Drafting Team as stipulated in Clause 2 of this Article shall be responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered official opinions of their working organizations.
4. The leading unit for drafting shall report to the leadership of the responsible Ministry for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Legal Department for monitoring and urging progress.
5. Based on the approved detailed drafting plan, the leading unit shall be responsible for:
a) Surveying and evaluating the current social relations related to the draft document and assessing the impact of policies in the draft document according to the provisions at point a, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP.
b) Organizing the drafting process;
c) Preparing the draft document file according to the provisions at Clause 4, Article 32 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 14, Article 1 of Decree No. 187/2025/NĐ-CP. Among these, the draft submission letter must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP.
d) Organizing public opinion and social debate on the dossier at point c of this clause in accordance with point a, Clause 12, Article 1 of Decree No. 187/2025/NĐ-CP and point đ, Clause 1, Article 27 of Decree No. 78/2025/NĐ-CP;
đ) Sending to the Vietnam Industry News to publish the draft document dossier on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days for relevant agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;
e) Compiling a summary of opinions; seriously and comprehensively incorporating and explaining all contributions and social feedback. Sending the Vietnam Industry News to publish the summary of opinions, incorporation, and explanation of contributions on the electronic portal of the Ministry of Industry and Trade and on its own electronic portal (if available) no later than 25 days after the end of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating normative legal documents as prescribed shall be carried out simultaneously;
g) Leading and coordinating with the Vietnam Industry News, Vietnam Industry Magazine, and related agencies and organizations to communicate the draft from the date of collecting comments until the Government issues the resolution. The content and form of communication shall be implemented according to the provisions of Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the leading unit to achieve effectiveness and social consensus.
6. Reporting to the Department Leader responsible for sending the draft document file according to the provisions at Clause 1, Article 33 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 15, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for review. In case the file does not meet the requirements, the leading unit shall be responsible for supplementing the file according to the suggestions of the Ministry of Justice.
7. In case the review opinion is that the draft document is ready for submission to the Government or only ready after adoption and completion, the leading unit shall be responsible for studying, adopting, revising, and completing the draft resolution file according to the provisions at Clause 2, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP, reporting to the authority with jurisdiction as prescribed in Clause 4, Article 3 of the Circular before reporting to the Minister for consideration and submitting it to the Government and sending it to the Ministry of Justice.
8. In case the review opinion is that the draft document does not meet the conditions to be submitted to the Government, the main drafting unit shall be responsible for researching, adopting and revising the draft and reporting to the leadership of the Ministry in charge to resubmit the draft document file to the Ministry of Justice for re-examination. During the process of perfecting the draft document file, if new contents are generated, omitted, or added compared to the previously submitted examination file, the main drafting unit shall report to the authority specified in Clause 4, Article 3 of this Circular before submitting the revised and perfected draft document file for the Minister's consideration and approval, in accordance with Clause 2, Article 34 of Decree No. 78/2025/NĐ-CP amended and supplemented by Clause 16, Article 1 of Decree No. 187/2025/NĐ-CP, to be submitted to the Government and sent to the Ministry of Justice.
9. During the period when the Government is considering and approving the draft resolution, the main drafting unit shall be responsible for leading and coordinating with the Government Office and related agencies and units to adopt the opinions of Government members, revise and perfect the draft.
In case the draft resolution has not been approved, the main drafting unit shall cooperate with related agencies and units to study, adopt, revise, and perfect the draft according to the Government's and Prime Minister's directives, and report to the authority specified in Clause 4, Article 3 of this Circular before submitting the revised and perfected draft resolution file for the Minister's consideration and submission to the Government.
Article 15. Drafting, submitting for examination, and presenting to the Prime Minister for signing and promulgating the decision.
1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.
2. In case a drafting team is established in accordance with point b, Clause 1, Article 36 of Decree No. 78/2025/NĐ-CP, the main drafting unit shall propose specific tasks assigned to the drafting team members in accordance with their functions, duties, and authorities as stipulated in the decision on establishment.
3. Units under the Ministry as stipulated in Clause 1 of this Article; organizations, individuals who are members of the Drafting Team as stipulated in Clause 2 of this Article shall be responsible for the contents they propose or implement according to their assignments. Opinions from individuals are considered official opinions of their working organizations.
4. The leading unit for drafting shall report to the leadership of the responsible Ministry for consideration and approval of the detailed drafting plan. The detailed drafting plan must be sent to the Legal Department for monitoring and urging progress.
5. Based on the detailed drafting plan that has been approved, the main drafting unit shall be responsible for implementing the following contents:
a) Summarizing and evaluating current regulatory legal documents, surveying and assessing the actual social relations relevant to the draft document for cases where the issuance of the document is regulated in Clause 2 and Clause 3 of Article 15 of the Law, as stipulated in point a, Clause 1, Article 36 of Decree No. 78/2025/NĐ-CP;
b) Organizing the drafting process;
c) Preparing the draft document file in accordance with Clause 2, Article 36 of Decree No. 78/2025/NĐ-CP, amended and supplemented by point c, Clause 18, Article 1 of Decree No. 187/2025/NĐ-CP. The draft proposal must clearly state the contents prescribed in Article 6 of Decree No. 78/2025/NĐ-CP;
d) Organizing the solicitation of opinions on the file at point c of this clause in accordance with point a, Clause 18, Article 1 of Decree No. 187/2025/NĐ-CP;
đ) Sending to the Vietnam Industry News to publish the draft document dossier on the Ministry of Industry and Trade's electronic portal and on its own website (if available) for at least 10 days for relevant agencies, organizations, and individuals to provide comments, except in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions;
e) Compiling a summary of opinions; seriously and fully adopting and explaining all comments. Sending the Vietnam Industry News to publish the summary of opinions, adoption, and explanation of comments on the Ministry of Industry and Trade's electronic portal and publishing on the electronic portal of the unit itself (if available) no later than 25 days from the end date of the opinion solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of building and promulgating regulatory legal documents as prescribed can be carried out simultaneously;
g) Leading and coordinating with Vietnam Industry News, Vietnam Industry Magazine, and other related agencies and organizations to organize communication of the draft from the opinion solicitation period until the Prime Minister signs the decision. The content and form of communication are implemented in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the main drafting unit to achieve effectiveness and social consensus.
6. Submitting the draft document file to the leadership of the Ministry in charge in accordance with Clause 1, Article 37 of Decree No. 78/2025/NĐ-CP, amended and supplemented by point a, Clause 19, Article 1 of Decree No. 187/2025/NĐ-CP to the Ministry of Justice for examination. If the file does not meet the requirements, the main drafting unit shall be responsible for supplementing the file according to the Ministry of Justice's recommendations.
7. In case the examination opinion is that the draft document meets the conditions to be submitted to the Prime Minister or only meets the conditions after adopting and perfecting it, the main drafting unit shall be responsible for researching, adopting, revising, and perfecting the draft decision file, reporting to the authority specified in Clause 4, Article 3 of this Circular before reporting to the Minister for submission to the Prime Minister, while sending the Ministry of Justice in accordance with Clause 2, Article 38 of Decree No. 78/2025/NĐ-CP.
8. In case the examination opinion is that the draft document does not meet the conditions to be submitted to the Prime Minister, the main drafting unit shall be responsible for researching, adopting, and revising the draft and reporting to the leadership of the Ministry in charge to resubmit the draft document file to the Ministry of Justice for re-examination. During the process of perfecting the draft document file, if new contents are generated, omitted, or added compared to the previously submitted examination file, the main drafting unit shall report to the authority specified in Clause 4, Article 3 of this Circular before submitting the revised and perfected draft decision file for the Minister's consideration and approval, in accordance with Clause 2, Article 38 of Decree No. 78/2025/NĐ-CP, to be submitted to the Prime Minister, while sending the Ministry of Justice.
Section 3
CONSTRUCTION AND ISSUANCE OF THE MINISTERIAL CIRCULAR OF THE MINISTRY OF INDUSTRY AND TRADE
Article 16. Procedure for proposing and drafting circulars
1. The Minister assigns a unit under the Ministry to take the lead in drafting the document.
2. Except in cases where directives are issued in writing by the Party, State, Government, Prime Minister, the unit responsible for drafting must report to the Deputy Minister in charge and the competent authority specified in Clause 4, Article 3 of this Circular before submitting to the Minister for approval of the policy direction, including:
a) The request for approval of the policy direction to build the circular must clearly specify the following contents: political and legal basis, practical experience; detailed draft preparation plan; assignment of tasks, resources, and progress schedule; necessity of establishing a drafting team (if applicable); proposed list, number, and scale of direct affected entities by the document;
b) In cases where the proposal to build the circular follows a simplified procedure, the request for approval of the policy direction must include the content requesting the application of the simplified procedure as stipulated in Clause 3, Article 51 of the Law;
c) After receiving agreement, the request for approval of the policy direction must be sent to the Legal Affairs Department for monitoring and urging progress.
3. In cases where a drafting team is established according to Point a, Clause 2, Article 39 of Decree No. 78/2025/NĐ-CP, the main drafting unit proposes specific assignments for members of the drafting team in accordance with the functions, duties, and authorities of their respective agencies, units, or organizations as specified in the establishment decision.
4. The drafting team specified in Clause 3 of this Article includes: the head of the main drafting unit as the Team Leader; the representative of the leadership of the main drafting unit as the Permanent Deputy Team Leader; representatives from the Legal Affairs Department; the Office of the Ministry (in cases where the circular contains administrative procedures and reporting systems); the Cadre Organization and Management Department (in cases where the circular relates to policies on cadres and civil servants, decentralization, and delegation of power); the Planning, Finance, and Enterprise Management Department (in cases where the circular relates to financial mechanisms and policies, state budget, investment, and statistics); the Innovation, Green Transition, and Promoting Industry Department (in cases where the circular relates to standards and technical regulations, scientific and technological applications, innovation promotion); the E-commerce and Digital Economy Department (in cases where the circular relates to online public services and digital transformation); the Multilateral Trade Policy Department and the Foreign Market Development Department (in cases where the circular relates to the domestic implementation of international treaties within the scope of management of the Ministry of Industry and Trade); the Party Committee of the Ministry (in cases where the competent authority has specific instructions on viewpoints, policies, directions, and requirements); relevant agencies, organizations, individuals, experts, and scientists (if any).
5. Units under the Ministry specified in Clause 1 of this Article; agencies, organizations, and individuals who are members of the drafting team specified in Clause 4 of this Article are responsible for the content they propose or implement according to their assigned tasks. Opinions contributed by individuals are considered official opinions of the agencies or organizations where they work.
6. The main drafting unit reports to the responsible leadership of the Ministry for consideration and approval of the detailed draft preparation plan. The detailed draft preparation plan must be sent to the Legal Affairs Department for monitoring and urging progress.
7. During the drafting process, the main drafting unit is responsible for:
a) Preparing the draft circular file including: Draft submission paper according to Model No. 02 Appendix IV promulgated together with Decree No. 187/2025/NĐ-CP; Draft circular; Assessment of administrative procedures, decentralization, implementation of assigned tasks and powers, application and promotion of scientific and technological development and digital transformation according to Model No. 06 Appendix IV promulgated together with Decree No. 187/2025/NĐ-CP (if applicable); Summary report on the enforcement of laws or assessment of current social relations related to the draft circular for cases where the circular is issued according to Clause 2, Article 18 of the Law according to Model No. 08 Appendix IV promulgated together with Decree No. 187/2025/NĐ-CP; Summary, explanation, and incorporation of comments from agencies, organizations, and individuals according to Model No. 10 Appendix IV promulgated together with Decree No. 187/2025/NĐ-CP; Comparison and explanation of the draft circular according to Model No. 12 Appendix IV promulgated together with Decree No. 187/2025/NĐ-CP.
For draft circulars built according to a simplified procedure, the draft circular file includes: draft submission paper; draft circular; comparison and explanation of the draft content and other documents (if applicable);
b) Sending the draft circular file to the Vietnam Economic News for publication on the Ministry of Industry and Trade's electronic portal and on its own electronic portal (if available) for at least 10 days for agencies, organizations, and individuals to provide feedback, except in cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions;
c) Organizing the collection of opinions from entities directly affected by the circular and relevant agencies.
Depending on the nature and content of the draft circular, the main drafting unit is responsible for collecting opinions from units as specified in Clause 4, Article 16 of this Circular and may also collect opinions from other ministries, central-level agencies, government agencies, provincial People's Councils, relevant agencies, experts, and scientists. In cases where opinions are collected in writing, the deadline for collecting opinions is 10 days from the date of solicitation.
For draft circulars issuing technical standards and regulations, the main drafting unit implements the collection of opinions in accordance with the laws on technical standards and regulations;
d) Taking the lead and coordinating with the Vietnam Economic News, Vietnam Economic Journal, and other relevant organizations and individuals to organize communication of the draft from the time of soliciting opinions until the Minister signs the issuance of the circular. The content and form of communication are carried out in accordance with Article 3 of Decree No. 78/2025/NĐ-CP and other necessary contents deemed essential by the main drafting unit to achieve effectiveness and social consensus.
d) Prepare a summary of opinions; seriously and fully adopt and explain all comments. Send to the Vietnam Economic Times for publication of the opinion summary, adoption, and explanation of comments on the Ministry of Industry and Trade's electronic information portal and publish on their own electronic information website (if available) no later than 25 days from the end date of the comment solicitation period, with a minimum publication time of 30 days. During the publication period, other activities in the process of drafting and promulgating regulatory documents shall be carried out simultaneously as prescribed.
8. During the comment solicitation and communication process of the circular draft, the leading unit promptly compiles and reports to the Department Head responsible and the Minister for guidance on major issues that still have differing opinions.
Article 17. Submitting documents for review
1. The leading unit submits the electronic and one paper copy of the review documents, including the documents specified in Clause 3 of this Article, to the leading unit for review.
2. The leading unit for review receives and checks the circular draft review documents submitted by the leading unit for drafting. In case the submitted review documents do not meet the requirements stipulated in Clause 3 of this Article, within one working day from the date of receipt of the documents, the leading unit for review requests the leading unit for drafting to supplement the documents.
a) The request for review issued by the leading unit for drafting;
b) The documents specified in Point a, Clause 7, Article 16 of this Circular;
c) Other documents as prescribed (if any).
4. Review period:
a) Not exceeding seven working days from the date the leading unit for review receives complete and valid documents requesting review for the circular draft, and not exceeding ten working days for complex circular draft contents involving multiple sectors and fields;
b) Not exceeding five working days from the date the leading unit for review receives complete and valid documents requesting review for the circular draft with contents established and issued according to simplified procedures.
Article 18. Organizing the review of the circular draft
1. The Legal Department is responsible for organizing the review of circular drafts prepared by units under the Ministry. For circular drafts prepared by the Legal Department, the Legal Department reports to the Minister for consideration and decision on the unit to organize the review of the circular draft.
2. The organization of the review of the circular draft must be conducted through a review board except in the following cases:
a) Circulars established according to simplified procedures;
b) Circulars promulgating national technical standards;
c) Circulars without viewpoints and contents on fundamental issues still having differing opinions among agencies, organizations, and authorized individuals.
3. In cases where the review is not conducted through a review board, the leading unit for review may conduct its own review; organize a meeting for review or seek review opinions in writing.
4. If necessary, the leading unit for review reports to the Department Head responsible to invite representatives of ministries, ministerial-level agencies, related agencies and organizations, experts, scientists, and representatives of directly affected entities to participate in the review or provide written review opinions.
5. In cases where the review is conducted through a review board, the leading unit for review is responsible for proposing the composition and structure of the review board, reporting to the Department Head responsible for issuing a decision to establish the review board. The review board consists of at least the following members: Chairman of the Board, members representing units within the Ministry as stipulated in Clause 4 of Article 16 of this Circular, representatives of related units outside the Ministry, representatives of the Party Committee of the Ministry, and the secretary of the review board. The review board ceases operations and dissolves itself after the conclusion of the review board meeting.
6. The organization of the review through a review board or a review meeting must be recorded in the minutes of the review meeting.
The leading unit for review sends meeting materials to participating reviewers at least three working days before the review date. In urgent cases directed in writing by the Government, Prime Minister, or Department Head, the deadlines for sending meeting materials, organizing meetings, and submitting written review opinions are based on the proposal of the leading unit for drafting.
Agencies, organizations, and individuals whose opinions are sought for review, participants in the review meeting or review board, have the responsibility to review contents within their functional scope, tasks, and expertise, and may provide opinions on other contents when deemed appropriate. Opinions provided by individuals assigned by agencies or organizations represent the agency or organization.
In cases where it is impossible to attend the review board meeting or review meeting, members of the review board or participants in the review meeting must submit written review opinions to the leading unit for review. Written opinions submitted before the review meeting are publicly presented at the review meeting and recorded in the minutes of the review meeting.
The minutes of the review meeting must fully reflect opinions on the contents stipulated in Clause 7 of this Article and are established after the review board meeting or review meeting based on the consensus of participating members.
7. The review focuses on the following issues:
a) The necessity of promulgating the circular; the scope of regulation and applicability of the circular;
b) The consistency of the circular draft content with the policies and guidelines of the Party;
c) The constitutionality, legality, and consistency of the circular draft with the legal system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a member;
d) The necessity and rationality of administrative procedures, the application and promotion of scientific and technological development, innovation, and digital transformation;
đ) Financial resources, human resources; the delegation and implementation of delegated tasks and powers;
e) Language, format, presentation techniques, and procedures and processes for drafting documents.
8. The content of national technical standards shall be reviewed in accordance with the provisions of laws on standards and technical regulations. For circulars promulgating national technical standards, the review content does not include the contents of technical standards that have already been reviewed or examined in accordance with the provisions of laws on standards and technical regulations.
Article 19. Review Report
1. Not later than five working days from the date of completion of the review, the leading unit conducting the review shall complete the review report and submit it to the leading unit drafting the document. In cases where the circular has significant and complex content, and there are still differing opinions after the review, the time for completing the review report to be submitted to the leading unit drafting the document shall be not later than seven working days from the date of completion of the review.
2. The leading unit drafting the document shall be responsible for studying, adopting, and explaining the review opinions in the review report to revise and perfect the draft circular dossier.
3. In cases where there are differing opinions between the leading unit drafting the document and the review opinions, or the opinions of organizations and individuals affected by or directly related to the document, the leading unit drafting the document shall report to the Department Head in charge or the Minister for consideration and decision, or organize meetings with relevant units to discuss and reach consensus before implementing Article 20 of this Circular.
Article 20. Procedure for Considering and Issuing Circulars
The leading unit drafting the document shall submit the draft circular dossier to the Minister for signature and issuance. The dossier includes:
1. Documents specified in Clause 3, Article 17 of this Circular, which have been signed by the leadership of the leading unit drafting the document and stamped (if applicable). Among them, the draft circular must be sent in two paper copies, one of which must bear the abbreviated signature of the leading unit's leadership on all pages of the draft circular;
2. Review report;
3. Report on adoption and explanation of review opinions;
4. Summary of opinions of the competent authority as stipulated in Clause 4, Article 3 of this Circular.
Chapter IV
ISSUANCE AND PUBLICATION OF LEGAL REGULATIONS
Article 21. Issuance of Circulars of the Minister of Industry and Trade, Joint Circulars Drafted by the Ministry of Industry and Trade
1. After the circulars or joint circulars are signed and issued by the Minister, the leading unit drafting the document shall send two paper copies, one of which bears the abbreviated signature of the leadership on all pages of the draft circular, along with the electronic version to the Ministry Office, and shall be responsible for the accuracy of the electronic version compared to the original circulars or joint circulars.
2. The Ministry Office shall number the circulars or joint circulars, stamp them, archive them, reproduce them, and distribute them to agencies, organizations, and individuals according to the "Recipient" section of the circulars or joint circulars.
3. The Ministry Office shall monitor the effective date of the circulars or joint circulars during the issuance process to ensure compliance with the provisions of Article 53 of the Law.
Article 22. Publication on the Electronic Gazette, the Ministry of Industry and Trade’s Electronic Portal, and the National Legal Database
1. Publication on the Electronic Gazette and the Ministry of Industry and Trade’s Electronic Portal:
a) Within three days from the date of signing and issuing, the leading unit drafting the document shall be responsible for sending the circulars or joint circulars (including: one paper copy marked "Document for publication on the Electronic Gazette" and the electronic version) to the Government Office in accordance with Clause 4, Article 7 of Decree No. 78/2025/NĐ-CP for publication on the Electronic Gazette; at the same time, send them to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade’s Electronic Portal;
b) Circulars or joint circulars issued through simplified procedures must be sent to the Government Office on the same day they are signed and issued for publication on the Electronic Gazette;
c) The leading unit drafting the document shall be responsible for failing to send, sending late, or sending incomplete or inaccurate documents for publication on the Electronic Gazette.
2. Publication on the National Legal Database:
Within two working days from the date the competent authority announces or signs and issues, the leading unit drafting the document shall send the electronic version of the legal regulation document (in ".pdf" format with red seal and in ".doc" format) to the Legal Affairs Department for publication on the National Legal Database, except for documents containing state secrets as provided for in the Law on State Secrets or documents prescribed not to be published publicly on the internet.
Chapter V
IMPLEMENTATION OF LEGAL REGULATIONS
Article 23. Construction and Issuance of Implementation Plans for Legal Normative Documents
1. Implementation plans for legal normative documents shall be constructed and issued for the following legal normative documents:
a) Laws, resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly as prescribed in Clause 1 of Article 27 of the Law;
b) Other legal normative documents not falling under the cases prescribed in point a of this clause but requiring the construction of implementation plans according to the decision of the agency or person authorized to issue such legal normative documents, or according to the decision of the Minister.
2. The leading unit drafting the legal normative document shall construct and report to the Minister for consideration and submission to the Prime Minister for issuance of the implementation plan for the legal normative document as prescribed in point a of Clause 1 of this Article.
Based on the implementation plan for legal normative documents issued by the Prime Minister, the leading unit drafting the legal normative document shall construct and submit to the Minister for issuance of the implementation plan for legal normative documents within the jurisdiction of the Ministry of Industry and Trade.
3. For the case prescribed in point b of Clause 1 of this Article, the leading unit drafting the legal normative document shall construct and submit to the Minister for issuance or to the competent authority for issuance of the implementation plan for the legal normative document.
4. The time limit for constructing and issuing the implementation plan for legal normative documents and the contents of the implementation plan shall be carried out in accordance with the provisions of Article 4 of Decree No. 80/2025/NĐ-CP.
Article 24. Popularization and Legal Education
1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in managing state administration regarding popularization and legal education; construct and submit to the Minister for issuance of the annual popularization and legal education plan before January 1 of each planning year.
2. Units under the Ministry shall perform tasks related to popularization and legal education within their assigned sectors and fields.
3. Provision of Information for Press Releases
a) For laws, ordinances, and resolutions containing legal norms of the National Assembly, the Standing Committee of the National Assembly after the President signs the promulgation decree: The leading drafting unit shall provide information to the Office of the President about the legal normative document for the purpose of building press releases in accordance with Article 12 of the Law on Popularization and Legal Education 2012.
b) For decrees, resolutions containing legal norms of the Government, decisions of the Prime Minister after issuance: The leading drafting unit shall provide information to the Ministry of Justice about the legal normative document no later than the fifth day of the following month for the purpose of building press releases, while also sending to the Legal Affairs Department for general oversight.
The content of the information provided shall comply with the model attached and promulgated by Circular No. 07/2021/TT-BTP dated November 1, 2021, issued by the Minister of Justice, concerning the issuance of press releases on legal normative documents issued by the Government and the Prime Minister.
Article 25. Guidance on the application of regulatory legal documents; professional guidance on implementing regulatory legal documents
1. Guidance on the application of regulatory legal documents shall be implemented for regulatory legal documents specified in Clause 1, Article 61 of the Law in the cases stipulated in Clause 1, Article 60 of the Law.
2. The leading unit drafting the Circular shall be responsible for receiving, reviewing the content of requests and proposals from agencies, organizations, and individuals regarding guidance on applying the Circular issued by the Minister of Industry and Trade to report to the Minister for consideration and issuance of the guidance document. The report to the Minister includes the following documents:
a) Memorandum or Request for Approval to the Minister;
b) Draft document on guidance on applying the Circular; original or copy of the Circular requiring guidance on application;
c) Request or proposal document from agencies, organizations, and individuals;
d) Opinions of related agencies, organizations, and units (if any);
đ) Other relevant documents (if necessary).
3. In cases where the Government or Prime Minister delegates authority to the Minister of Industry and Trade to issue guidance documents on applying regulatory legal documents issued by the Government or Prime Minister, the leading unit drafting the regulatory legal document shall be responsible for reviewing the content requiring guidance and reporting to the Minister for consideration and issuance of the guidance document. The report to the Minister includes the following documents:
a) Documents and materials specified in Points a, c, d, đ of Clause 2 of this Article;
b) Draft document on guidance on applying the regulatory legal document; original or copy of the regulatory legal document requiring guidance on application;
c) Delegation document of the Government;
4. Principles and criteria for guidance on applying regulatory legal documents shall be implemented according to the provisions of Clause 2, Article 61 of the Law.
5. Receiving, processing requests and proposals for guidance on applying regulatory legal documents and publishing guidance documents shall be carried out according to the provisions of Article 5 of Decree No. 80/2025/NĐ-CP.
6. Units under the Ministry shall assist the Minister in providing professional guidance on implementing regulatory legal documents related to industries and fields under their management functions as stipulated in Article 6 of Decree No. 80/2025/NĐ-CP.
Article 26. Inspection and handling of regulatory legal documents
1. Responsibilities of the Legal Department:
a) Drafting and submitting to the Minister for approval the annual inspection plan before January 1st of each planning year; preparing an annual report on inspection and handling of regulatory legal documents to submit to the Minister for consolidation and reporting to the Minister of Justice to the Prime Minister;
b) Serving as the focal point for consolidating, monitoring, and urging inspections of documents as specified in Clause 1, Article 10, Point b, Clause 1, Article 11, and Clause 1, Article 14 of Decree No. 79/2025/NĐ-CP amended and supplemented by Clause 5, Article 2 of Decree No. 187/2025/NĐ-CP;
c) Conducting inspections of documents issued by the Minister, other Ministers, provincial-level authorities, Chairmen of Provincial People's Committees, and special administrative-economic units concerning contents related to industries and fields managed by the Ministry of Industry and Trade that do not involve state secrets;
d) Organizing self-inspections of regulatory legal documents issued by the Minister of Industry and Trade or jointly issued; regulatory legal documents drafted by the Ministry of Industry and Trade and submitted to the Government or Prime Minister for issuance or jointly issued; guidance documents on regulatory legal documents issued by the Government or Prime Minister concerning industries and fields under the responsibility of the Ministry of Industry and Trade.
2. Responsibilities of units under the Ministry:
a) Cooperating with the Legal Department in inspecting and handling regulatory legal documents;
b) Conducting self-inspections of regulatory legal documents when there is a basis as stipulated in Clause 2, Article 63 of the Law, and simultaneously sending the inspection results to the Legal Department for monitoring;
c) In cases where regulatory legal documents or documents specified in Clause 4, Article 63 of the Law issued by the Minister are found to have signs of violation of laws by competent authorities, the leading unit drafting such documents shall be responsible for reviewing and explaining specifically and reporting to the Minister for consideration and decision;
d) Reporting on inspection and handling of regulatory legal documents periodically or urgently as required by the Legal Department.
3. Inspection and handling of regulatory legal documents shall be carried out according to the provisions of Article 63 of the Law and Decree No. 79/2025/NĐ-CP.
Article 27. Review and Systematization of Legal Normative Documents
1. The Legal Affairs Department shall be responsible for urging, coordinating, guiding, and compiling the results of the review and systematization of common legal normative documents of the Ministry of Industry and Trade.
2. The Legal Affairs Department shall draft and submit to the Minister for issuance the annual plan for reviewing and systematizing legal normative documents before January 1st of each planning year; and prepare an annual report on the work of reviewing and systematizing legal normative documents to be submitted to the Minister for transmission to the Ministry of Justice for consolidation and reporting to the Prime Minister.
3. Units under the Ministry shall be responsible for assisting the Minister in implementing reviews and systematizations of legal normative documents within the scope of authority and responsibility of the Ministry of Industry and Trade as stipulated in Clause 2, Article 64 of the Law; drafting and submitting to the Minister for issuance or submitting to the Prime Minister for issuance the plan for reviewing legal normative documents by specialty, field, and locality as prescribed in Article 46 of Decree No. 79/2025/NĐ-CP amended and supplemented by Clause 15, Article 2 of Decree No. 187/2025/NĐ-CP.
Article 28. Receiving and Processing Petitions Regarding Legal Normative Documents through the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents
1. The Legal Affairs Department shall be responsible for receiving access to the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents from organizations and individuals according to the account granted by the Ministry of Justice to classify, receive, and transfer complaints for processing to units responsible for advising on handling.
2. Responsibilities of units under the Ministry:
a) Organize and implement the receipt and processing of complaints and petitions regarding legal normative documents within the scope of state management of the Ministry of Industry and Trade on the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents effectively, accurately, and timely, and bear responsibility for the content of responses to complaints and petitions.
b) When requested to cooperate in responding to complaints and petitions, relevant units shall be responsible for responding within the deadline with clear content; not responding vaguely, irresponsibly, or evading responsibility; if there is no response or the response is not made within the deadline, they must bear responsibility in accordance with the provisions of the law.
3. The process of receiving and processing petitions regarding legal normative documents within the scope of state management of the Ministry of Industry and Trade through the Information System for Receiving and Handling Complaints and Petitions about Legal Normative Documents shall be carried out in accordance with the provisions of the law and the Regulation on Receiving and Handling Complaints and Petitions about Legal Normative Documents of the Ministry of Industry and Trade.
Article 29. Consolidation of Legal Normative Documents
1. Responsibilities for consolidating legal normative documents:
a) The Legal Affairs Department shall consolidate legal normative documents within the consolidation authority of the Minister of Industry and Trade, except in cases provided for in point b of this clause;
b) Units under the Ministry that have legal affairs organizations shall consolidate legal normative documents within the consolidation authority of the Minister of Industry and Trade for which their unit is the main drafter.
2. The consolidation of legal normative documents must ensure compliance with deadlines, accuracy of content, and technical consolidation as prescribed in the Consolidation of Legal Normative Documents Ordinance No. 01/2012/UBTVQH13.
3. In the case provided for in point a of Clause 1 of this Article, the main drafting unit shall be responsible for:
a) Cooperating with the Legal Affairs Department in the consolidation of legal normative documents drafted by its own unit;
b) Sending the legal normative document (in ".pdf" format with red seal and in ".doc" format) to the Legal Affairs Department within one day from the date of issuance of the legal normative document for the Legal Affairs Department to consolidate in accordance with regulations; bearing responsibility for failing to meet the consolidation deadline due to non-submission of the legal normative document to the Legal Affairs Department after issuance in accordance with these regulations.
4. In the case where a legal normative document contains typographical errors, formalities, or presentation techniques that prevent consolidation, the main drafting unit shall be responsible for reporting to the Ministry's leadership for handling in accordance with regulations. The unit responsible for consolidation as stipulated in Clause 1 of this Article shall continue to consolidate after the legal normative document has been processed and consolidation can be ensured in accordance with regulations.
5. Publishing consolidated documents on the official gazette, electronic portal, and National Legal Database shall be carried out as follows:
a) For legal normative documents of the Government, Prime Minister, or joint legal normative documents between the Government and central agencies of political-social organizations, within two working days from the date of signature confirmation, the unit responsible for consolidation shall send the consolidated document to the Government Office for publication on the Government Electronic Portal and gazette; and send it to the Legal Affairs Department for updating on the National Legal Database in the case provided for in point b of Clause 1 of this Article;
b) For legal normative documents issued by the Minister of Industry and Trade or joint legal normative documents drafted by the Minister of Industry and Trade as the main drafter, within two working days from the date of signature confirmation, the unit responsible for consolidation shall send the consolidated document to the Vietnam Industry and Trade Newspaper for publication on the Ministry of Industry and Trade's Electronic Portal; send the consolidated document to the Government Office for gazette publication; and send it to the Legal Affairs Department for updating on the National Legal Database in the case provided for in point b of Clause 1 of this Article.
Article 30. Codification of Legal Normative Documents
1. Responsibilities for codifying legal normative documents:
a) The Legal Affairs Department shall be responsible for codifying legal normative documents within the scope of codification authority of the Ministry of Industry and Trade, except as provided in point b of this clause;
b) Units under the Ministry that have legal affairs organizations shall be responsible for codifying legal normative documents within the scope of codification authority of the Ministry of Industry and Trade for normative documents primarily drafted by their own units.
2. The codification of legal normative documents must ensure timely completion, accuracy of content, compliance with procedures and formalities, and adherence to codification techniques as stipulated in the Codification Law on the System of Legal Normative Documents No. 03/2012/UBTVQH13.
3. In the case provided for in point a of Clause 1 of this Article, the main drafting unit shall be responsible for:
a) Coordinate with the Legal Affairs Department in the codification of normative documents primarily drafted by their own units or legal norms within normative documents regulating issues within the functions and tasks of their own units;
b) Send the normative document (in ".pdf" format with red seal and in ".doc" format) to the Legal Affairs Department within 01 day from the date of issuance of the normative document for the Legal Affairs Department to carry out codification according to regulations and bear responsibility for failing to meet the deadline for codifying normative documents if they fail to send the normative document to the Legal Affairs Department after issuance in accordance with this regulation.
Article 31. Supervision and Inspection of the Organization of Law Enforcement
1. The Legal Affairs Department shall act as the focal point, coordinate with relevant units to advise and assist the Minister in supervising the implementation of normative legal documents within the scope of management of the Ministry of Industry and Trade; build and submit to the Minister for approval a plan to supervise the implementation of normative legal documents of the Ministry of Industry and Trade within 15 days from the date the Prime Minister issues the central and inter-sectoral plan, sent to the Ministry of Justice for monitoring and consolidation; prepare annual reports on the organization of law enforcement to be submitted to the Minister and forwarded to the Ministry of Justice for consolidation.
2. Units under the Ministry shall advise and assist the Minister in organizing law enforcement and inspecting the work of organizing law enforcement related to sectors and fields assigned to manage under the State management functions of the Ministry of Industry and Trade.
3. The Legal Affairs Department shall advise and assist the Minister in organizing law enforcement for units under the Ministry and in organizing law enforcement related to sectors and fields under the State management functions of the Ministry of Industry and Trade.
4. The work of organizing law enforcement shall be carried out in accordance with Article 14 of Decree No. 80/2025/NĐ-CP.
Article 32. Inspection of Work on Law Enforcement Regarding Administrative Violation Handling
1. The Legal Affairs Department shall act as the focal point, coordinate with relevant units to advise and assist the Minister in building, issuing plans, and organizing inspections of work on law enforcement regarding administrative violation handling as stipulated in the Government's Decree on inspection and disciplinary measures in the enforcement of laws on administrative violation handling.
2. Based on the objectives and requirements set forth in the plan for inspecting work on law enforcement regarding administrative violation handling issued by the Minister and relevant legal provisions, heads of units under the Ministry shall be responsible for self-inspecting work on law enforcement regarding administrative violation handling within their own units, and inspecting persons authorized to handle administrative violations within their management scope.
Chapter VI
IMPLEMENTATION
Article 33. Responsibilities of Units under the Ministry
1. Responsibilities of units in legislative work:
a) Ensuring the proposal for drafting and promulgating regulatory legal documents in accordance with the procedures prescribed in the Law, Decree No. 78/2025/NĐ-CP, Decree No. 187/2025/NĐ-CP, and this Circular;
b) Being responsible to the Minister for the progress and quality of policy proposals, drafting; policy communication and draft regulatory legal documents; the process of receiving, explaining fully all opinions, consultations, social feedback, examination, and review;
c) For units that have legal departments or legal officers, ensuring the participation of legal departments and legal officers in the work of drafting and organizing the implementation of regulatory legal documents;
d) Reviewing criteria and conditions to improve the organization of legal departments and legal officers within the unit, compiling a list of legal officers at various units to be submitted to the Department of Legal Affairs for consolidation and submission to the Minister for issuance of the List of Legal Officers at units under the Ministry;
đ) Cooperating with the Vietnam Industry Newspaper, Vietnam Industry Magazine, and other agencies and organizations to organize policy communication and draft regulatory legal documents according to Article 3 of Decree No. 78/2025/NĐ-CP;
e) Implementing the publication of administrative procedures in regulatory legal documents drafted by the unit and coordinating with the Ministry's Office in other administrative procedure control activities according to Circular No. 18/2018/TT-BCT dated July 19, 2018, issued by the Minister of Industry and Trade on administrative procedure control activities within the scope of the Ministry's management functions;
g) Reporting on the progress of drafting regulatory legal documents of the Ministry of Industry and Trade, specifying the name of the draft regulatory legal document currently being drafted, directives from higher authorities to draft, detailed drafting plans approved, drafting progress up to the reporting date sent to the Department of Legal Affairs via email: [email protected] no later than 11:00 AM every Friday and being responsible to the Minister for the progress report of the unit's document;
h) Ensuring that circulars and joint circulars are fully transmitted to competent authorities for monitoring, inspection, and electronic gazette publication as prescribed;
i) Summarizing and concluding the implementation of regulatory legal documents according to Article 9 of Decree No. 80/2025/NĐ-CP;
k) Taking the lead and cooperating with the Department of Legal Affairs to implement the consolidation of regulatory legal documents, codification of legal norms according to regulations; being responsible for failing to ensure the deadline for consolidating regulatory legal documents, codifying legal norms if not submitting the regulatory legal document to the Department of Legal Affairs after promulgation as prescribed in this Circular;
l) Taking the lead and cooperating with the Department of Legal Affairs in inspection, review, systematization, and handling of documents related to the industry and sector managed by the unit;
m) Receiving, processing complaints and suggestions about regulatory legal documents within the scope of the Ministry of Industry and Trade's state management on the Complaint and Suggestion Reception System for Regulatory Legal Documents according to Article 28 of this Circular;
n) Compiling a list of experts and scientists in the field of state management of the unit as a basis for selecting experts and scientists in the activity of drafting regulatory legal documents;
o) Performing other tasks as prescribed by the Law, Decree No. 78/2025/NĐ-CP, Decree No. 79/2025/NĐ-CP, Decree No. 80/2025/NĐ-CP, Decree No. 187/2025/NĐ-CP, and this Circular.
a) Being accountable to the Minister for ensuring deadlines and quality of results of circulars reviewed by their units;
a) Taking the lead and cooperating with relevant units under the Ministry to summarize, conclude, and build the content of the Legislative Orientation Plan for the National Assembly's term within the scope of the Ministry of Industry and Trade's state management, to submit to the Ministry of Justice for the Government's proposal;
b) Organizing guidance, monitoring, urging, inspecting, and reporting on the progress of implementing the Legislative Orientation Plan for the term and annually; reporting on the promulgation of documents drafted by the Ministry of Industry and Trade;
c) Monitoring and urging units under the Ministry regarding the situation and progress of implementing the plan to draft regulatory legal documents after approval;
d) Taking the lead or participating in drafting regulatory legal documents according to the Minister's assignment;
đ) Taking the lead in reviewing draft regulatory legal documents prepared by units under the Ministry before submitting to the Minister for signature and promulgation; being responsible for ensuring the deadline and quality of the review results of circulars sent by the unit;
e) Taking the lead or cooperating with relevant units to assist the Minister in providing comments on draft regulatory legal documents requested for opinion;
g) Urging, guiding, and consolidating the results of reviewing and systematizing the Ministry's common regulatory legal documents;
h) Taking the lead or cooperating with relevant units in reviewing and systematizing regulatory legal documents related to the industry and sector managed by the ministry or equivalent agency according to the plan approved or issued by the Minister;
i) Taking the lead or cooperating with relevant units to implement the codification of regulatory legal systems and consolidation of regulatory legal documents related to the industry and sector managed by the Ministry according to the law;
k) Taking the lead in organizing inspections and handling of regulatory legal documents within the Minister's responsibility and authority; urging and guiding units in the Ministry in the work of inspecting and handling regulatory legal documents;
l) Taking the lead or cooperating with units inside and outside the Ministry to advise and assist the Minister in implementing legal dissemination and education work within the industry and sector;
m) Taking the lead or cooperating with relevant units to advise and assist the Minister in organizing the implementation of work to monitor the enforcement of laws within the industry and sector;
n) Taking the lead or cooperating with relevant units to advise and assist the Minister in organizing the implementation of work to manage the enforcement of laws on administrative violations within the industry and sector according to the law;
o) Consolidating and submitting to the Minister for issuance of the List of Legal Officers at units under the Ministry.
p) To chair and coordinate with units under the Ministry to implement the consolidation of regulatory legal documents and codification of regulatory legal norms as prescribed;
q) To be the focal point for receiving, transferring reflections and recommendations from organizations and individuals regarding regulatory legal documents on the Information System for Receiving, Processing Reflections and Recommendations on Regulatory Legal Documents to relevant units for advisory and processing according to their functions and tasks;
r) To chair and coordinate with related units to report regularly or urgently on the work of drafting and organizing the implementation of regulatory legal documents as directed by the Ministry's leadership or at the request of competent authorities;
3. Responsibilities of the Ministry's Office:
a) To provide comments on decisions to publish administrative procedures in regulatory legal documents as stipulated in Circular No. 18/2018/TT-BCT;
b) To monitor the implementation of administrative procedures: Publicizing administrative procedures in regulatory legal documents; receiving, assigning for handling and supervising the handling of reflections and recommendations on administrative procedures within the industry and trade sector as prescribed in regulatory legal documents; chairing the assignment of specialized units to conduct reviews and evaluations of administrative procedures within the industry and trade sector as stipulated in Circular No. 18/2018/TT-BCT;
c) To ensure the effective date of circulars during issuance complies with Article 53 of the Law;
d) To coordinate with units under the Ministry in the organization of communication work for draft regulatory legal documents as prescribed in Article 3 of Decree No. 78/2025/NĐ-CP;
đ) To perform other tasks as prescribed in this Circular;
4. Responsibilities of the Industry and Trade Newspaper:
a) To post draft regulatory legal documents for public comment, explanations, and adoption on the Ministry of Industry and Trade's electronic portal and submit opinions on the Ministry of Industry and Trade's electronic portal for the main drafting unit to adopt, explain, or notify the main drafting unit if no comments are received after the consultation period has ended;
b) To coordinate with units under the Ministry and other media and communication units in the organization of communication work for draft regulatory legal documents as prescribed in Article 3 of Decree No. 78/2025/NĐ-CP;
5. Responsibilities of the Industry and Trade Magazine:
To coordinate with units under the Ministry and other media and communication units in the organization of policy communication and communication of draft regulatory legal documents as prescribed in Article 3 of Decree No. 78/2025/NĐ-CP;
Article 34. Responsibilities of Legal Institutions and Legal Officers at Units Under the Ministry
1. In legislative work
a) To coordinate with related units to assist the Head of the Unit in preparing proposals for the establishment of regulatory legal documents related to the industry and sector under state management;
b) To advise and assist the Head of the Unit in coordinating with the Legal Department to prepare draft programs and plans for legislative work of ministries and agencies equivalent to ministries; propose a list of documents detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the Government;
c) To chair or participate in drafting regulatory legal documents as assigned by the Head of the Unit under the Ministry;
d) To provide comments on draft regulatory legal documents prepared by other departments before they are submitted to the Head of the Unit for review and decision to refer to the Legal Department for examination;
đ) To coordinate in preparing files for draft regulatory legal documents related to the industry and sector under state management to be submitted to the Head of the Unit for referral to organizations, individuals, or the Legal Department for examination;
e) To coordinate with related departments to assist the Head of the Unit in providing comments on draft regulatory legal documents sent for consultation by other agencies;
g) To chair or participate in the process of guiding the application of regulatory legal documents, professional guidance on implementing regulatory legal documents drafted by the main drafting unit;
2. To guide the procedural steps and formalities for drafting regulatory legal documents, file preparation for draft regulatory legal documents; to guide the format and presentation techniques of documents drafted by the main drafting unit;
3. To monitor and urge progress on regulatory legal documents drafted by the main drafting unit. To be responsible for reporting on the progress of drafting regulatory legal documents periodically or upon request of the Legal Department;
4. To chair and coordinate with organizations and individuals within the unit to assist the Head of the Unit or coordinate with the Legal Department in inspection, review, consolidation, codification, systematization, and handling of documents related to the industry and sector under the unit's management.
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Chapter VII
ENSURING HUMAN RESOURCES AND FUNDS FOR THE WORK OF BUILDING AND IMPLEMENTING NORMATIVE LEGAL DOCUMENTS
Article 37. Ensuring human resources and material conditions for the work of building, promulgating, and implementing normative legal documents
1. The Ministry's leadership and heads of units under the Ministry within their functional duties, tasks, and authorities shall allocate civil servants, financial support, working tools, information, and other necessary conditions for the work of building, promulgating, and implementing normative legal documents.
2. Organizations and individuals engaged in legal affairs shall enjoy mechanisms and policies for the work of building, promulgating, and implementing normative legal documents as prescribed by law.
3. The transfer, rotation, and assignment of cadres and civil servants within the Ministry of Industry and Trade for the work of building and enforcing laws shall be carried out in accordance with the policy and viewpoint of the competent authority, relevant regulations of the Ministry of Industry and Trade, and the provisions of the law.
1. Units shall prepare budgets for tasks related to building, promulgating normative legal documents, and organizing the implementation of laws, ensuring standards and norms as prescribed, and submit them to the Department of Planning, Finance, and Enterprise Management for consolidation in the overall budget of the Ministry of Industry and Trade.
2. The Department of Planning, Finance, and Enterprise Management shall take the lead in proposing the Minister to allocate and assign the budget from the state budget for the annual activities of the Ministry of Industry and Trade related to building, promulgating, and implementing normative legal documents in accordance with the law. The allocation and assignment of the budget to units under the Ministry shall be carried out in accordance with the分级任务最后部分翻译如下:
3. The Department of Innovation, Green Transition, and Promoting Small and Medium Enterprises shall take the lead and coordinate with the Planning, Finance, and Enterprise Management Department to propose the Minister allocate funds for research topics providing scientific and practical bases serving the drafting of regulatory legal documents with broad scope, complex subjects, and significant impacts proposed by the main drafting units or the Legal Affairs Department, in accordance with the annual science and technology plan guidance issued by the Ministry.
4. Units under the Ministry shall be responsible for managing and using the budget according to the approved estimates to ensure efficiency, thriftiness, compliance with current policies, regulations, and standards.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 39. Effective date
1. This Circular takes effect from August 26, 2025, replacing Circular No. 21/2025/TT-BCT dated April 26, 2025, issued by the Minister of Industry and Trade on the issuance, promulgation, and implementation of regulatory legal documents of the Ministry of Industry and Trade.
2. In cases where the referenced documents, names, functions, tasks, or organizational structures of units mentioned in this Circular are replaced or amended, they shall be implemented in accordance with the replacement or amended documents.
Article 40. Transitional Provisions
The Legal Department shall consolidate normative legal documents and codify normative legal documents in normative legal documents already issued within the scope of the Minister of the Ministry of Industry and Trade's consolidation and codification authority before this Circular takes effect, if the main drafting unit has not organized such consolidation and codification. The main drafting unit shall be responsible for the delay in consolidating and codifying normative legal documents in normative legal documents already issued before this Circular takes effect./.
DEPUTY MINISTER
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