Circular No. 50/2013/TT-BNNPTNT stipulates the procedures and formalities for drafting and promulgating legal normative documents of the Ministry of Agriculture and Rural Development.

CIRCULAR

Regulations on the procedures and processes for drafting and promulgating legal normative documents of the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;

Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to the Ordinance on Consolidation of Legal Normative Documents dated March 22, 2012;

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

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

Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;

At the proposal of the Director of the Department of Legal Affairs,

The Minister of Agriculture and Rural Development issues this Circular stipulating the procedures and processes for drafting and promulgating legal normative documents of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the procedures and processes for drafting and promulgating legal normative documents issued by the Minister of Agriculture and Rural Development (hereinafter referred to as the Minister) or submitted to competent authorities for issuance.

2. Legal normative documents issued by the Minister or submitted to competent authorities for issuance as stipulated in this Circular include:

a) Draft laws of the National Assembly; ordinances of the Standing Committee of the National Assembly (hereinafter collectively referred to as draft laws);

b) Draft decrees of the Government; decisions of the Prime Minister; circulars, joint circulars of the Minister (hereinafter collectively referred to as draft decrees).

3. The drafting and promulgation of circulars regarding national technical standards in the field of agriculture and rural development shall be carried out in accordance with Circular No. 38/2009/TT-BNNPTNT dated June 26, 2009 of the Minister of Agriculture and Rural Development guiding activities in the field of technical standards under the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to General Departments, Bureaus, Departments, the Office of the Ministry, and the Inspectorate of the Ministry (hereinafter collectively referred to as units under the Ministry) and organizations and individuals related to the work of drafting legal normative documents issued by the Minister or submitted to competent authorities for issuance.

Article 3. Directing the drafting and promulgation of legal normative documents

1. The Minister directs the overall work of drafting and promulgating legal normative documents of the Ministry of Agriculture and Rural Development.

2. Deputy Ministers directly direct units or fields assigned by the Minister to ensure the quality and progress of drafting legal normative documents.

3. Draft laws and draft decrees must seek the Minister's approval before soliciting broad public opinions; submitting to the Ministry of Justice for review; and presenting to the Government, the Prime Minister, or other necessary cases as directed by the Minister.

For draft laws and draft decrees with complex contents, involving multiple fields or important issues, the Minister directs the solicitation of opinions from Deputy Ministers.

Article 4. Language, format, and presentation techniques of legal normative documents

1. Language, format, and presentation techniques of legal normative documents shall be implemented in accordance with Article 5 and Article 7 of the Law on Issuance of Legal Normative Documents; Article 60 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Issuance of Legal Normative Documents (hereinafter referred to as Decree No. 24/2009/NĐ-CP); Circular No. 25/2011/TT-BTP dated December 27, 2011 of the Minister of Justice on the format and presentation techniques of legal normative documents of the Government, the Prime Minister, Ministers, Heads of agencies at the ministerial level, and joint legal normative documents.2. The number and code of documents within the authority to issue of the Minister are specified as follows:

a) Circular: Number of the document.../(year of issuance)/TT-BNNPTNT;

b) Joint circulars drafted primarily by the Ministry of Agriculture and Rural Development: Number of the document.../(year of issuance)/TTLT-BNNPTNT - ... (abbreviation of the name of the participating ministries or sectors).

b) Joint Circular primarily drafted by the Ministry of Agriculture and Rural Development: The sequence number of the document... /(year of issuance)/TTLT-BNNPTNT - ... (abbreviation of the issuing ministries or agencies).

Article 5. Impact assessment of legal documents, administrative procedure impact assessment

1. The leading unit responsible for drafting shall be responsible for preparing a preliminary impact assessment report on the legal document in accordance with Article 37 of Decree No. 24/2009/NĐ-CP when proposing to establish laws, ordinances, decrees.

2. Based on the results of the preliminary impact assessment, the leading unit responsible for drafting shall be responsible for preparing an impact assessment report before and during the drafting process of the legal document in accordance with Article 38 of Decree No. 24/2009/NĐ-CP.

3. Within three years from the date the law, ordinance, or decree takes effect, the leading unit responsible for drafting shall be responsible for preparing an impact assessment report on the legal document in accordance with Article 39 of Decree No. 24/2009/NĐ-CP.

4. The leading unit responsible for drafting projects or draft documents containing administrative procedures must organize an administrative procedure impact assessment in accordance with Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP); Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control (hereinafter referred to as Decree No. 48/2013/NĐ-CP) and guidelines of the Minister of Justice.

Article 6. Effective Date of Legal Normative Documents

1. The effective date of legal normative documents must be specifically determined in the document but not earlier than forty-five (45) days from the date of publication or issuance.

2. For legal documents containing content related to international agreements and treaties to which Vietnam is a party, their effectiveness will be applied according to such international agreements and treaties.

Article 7. Amending, Supplementing, Replacing, Revoking, Abolishing, or Suspending the Enforcement of Legal Normative Documents within the Authority of the Minister

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

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

Article 8. Budget for Drafting Legal Normative Documents

1. The budget for drafting legal normative documents shall be implemented in accordance with Circular Joint No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 between the Ministry of Finance, the Ministry of Justice, and the Office of the Government guiding the preparation of budget estimates, management, use, and settlement of state budget funds to ensure the work of drafting legal normative documents and perfecting the legal system, and mobilizing from other sources (aid, funding from organizations and individuals both inside and outside the country).

2. The budget for drafting and implementing the contents of administrative procedure control shall be implemented in accordance with Circular No. 167/2012/TT-BTC dated October 10, 2012 of the Minister of Finance on the preparation of budget estimates, management, and use of funds for administrative procedure control activities; the budget for consolidating legal documents in accordance with current regulations.

3. The Legal Affairs Department is the focal point for compiling the budget for the drafting of legal normative documents of the Ministry, sending it to the Financial Department to prepare a plan for allocating and submitting to the Ministry for decision on allocating the state budget estimate to units to implement.

Chapter II

ESTABLISHING THE PROGRAM FOR DRAFTING REGULATORY LEGAL DOCUMENTS

Article 9. Program for drafting projects and draft documents

1. Program for drafting projects and draft documents

a) The program for drafting laws and ordinances for the term of the National Assembly and the annual program for drafting laws and ordinances to be prepared by the Ministry of Agriculture and Rural Development and submitted to the competent authority for promulgation (hereinafter referred to collectively as the program for drafting laws and ordinances);

b) The program for drafting decrees to be prepared by the Ministry of Agriculture and Rural Development and submitted to the Government for promulgation (hereinafter referred to collectively as the program for drafting decrees);

c) The program for drafting decisions of the Prime Minister to be prepared by the Ministry of Agriculture and Rural Development and submitted to the Prime Minister for promulgation (hereinafter referred to collectively as the program for drafting decisions);

d) The program for drafting circulars of the Minister and joint circulars to be prepared by the Ministry of Agriculture and Rural Development (hereinafter referred to collectively as the program for drafting circulars).

2. Every six months annually, the Minister approves the program for drafting projects and draft documents of the Ministry including the program for drafting laws and ordinances (based on the program for drafting laws and ordinances of the National Assembly), the program for drafting decrees, decisions, and circulars.

Article 10. Establishing the program for drafting laws and ordinances

1. Responsibilities of the unit assigned to prepare proposals for drafting laws and ordinances

a) Prepare the proposal for drafting laws and ordinances annually or for the entire term of the National Assembly in accordance with Clause 1, Clause 3 of Article 3, Article 4, and Article 5 of Decree No. 24/2009/NĐ-CP;

b) Submit the proposal for drafting laws and ordinances annually or for the entire term of the National Assembly to the Legal Department within the following deadlines:

Before October 15 of the year preceding the year in which the National Assembly or the Standing Committee of the National Assembly is expected to consider the proposal for drafting laws and ordinances annually;

Before February 1 of the first year of the term of the National Assembly for the proposal for drafting laws and ordinances for the term of the National Assembly.

2. Responsibilities of the Legal Department

a) Carry out the tasks prescribed in Clause 2 of Article 3 of Decree No. 24/2009/NĐ-CP;

b) Compile the proposals for drafting law projects and ordinance projects annually and for the entire term of the National Assembly prepared by the units responsible for drafting and submit them to the Ministry of Justice in accordance with Articles 4 and 5 of Decree No. 24/2009/NĐ-CP.

Article 11. Establishing the program for drafting decrees and decisions

1. Responsibilities of the unit assigned to prepare proposals for drafting decrees

a) Prepare proposals for drafting decrees in accordance with Clause 4, Clause 6 of Article 14 of Decree No. 24/2009/NĐ-CP;

b) Draft the proposal for drafting decrees in accordance with Clause 1 of Article 15 of Decree No. 24/2009/NĐ-CP;

c) Submit the proposal for drafting decrees to the Legal Department no later than July 1 of the preceding year.

2. The unit preparing and submitting the proposal for drafting decisions to the Legal Department no later than July 1 of the preceding year.

3. Responsibilities of the Legal Department

a) Carry out the tasks prescribed in Clause 5 of Article 14 of Decree No. 24/2009/NĐ-CP;

b) Coordinate with the Office of the Ministry to have the Minister sign and send the proposal for drafting decrees and decisions concerning agriculture and rural development to the Office of the Government and the Ministry of Justice no later than August 1 of the preceding year.

Article 12. Establishing the Circular Development Program

1. Units under the Ministry shall base on their functions and tasks and practical requirements to propose the list of circulars expected to be issued and submit it to the Legal Department before November 15 of the year preceding the year of issuance.

The proposal should clearly state: necessity for issuance; legal basis; applicable subjects; scope of regulation; proposed List of Administrative Procedures (if any); expected issuance time (by month); leading unit; cooperating units; conditions ensuring the development and enforcement of the document.

2. Within twenty (20) working days from the date of receiving the proposal for the list of circulars expected to be issued from the units, the Legal Department shall be responsible for compiling, soliciting opinions on the proposal for circular development to seek the opinion of the Ministry's leadership, and submitting the program for approval by the Minister.

In cases where the application dossier for circular development from the units does not meet the requirements stipulated in Clause 1 of this Article, within three (3) working days, the Legal Department shall issue a document requesting the units to supplement and complete.

3. In necessary cases, the Legal Department shall organize meetings to provide feedback on the draft program for circular development of the Ministry; request the proposing unit to explain issues that need further clarification.

Article 13. Adjusting the Program for Developing Drafts and Projects

1. For the program for developing laws, ordinances, decrees, decisions

The leading unit in drafting proposes adjustments to the program for developing laws, ordinances, decrees according to the cases specified in Clause 1 of Article 12 of Decree No. 24/2009/ND-CP, specifically as follows:

a) Program for developing laws and ordinances: The leading unit in drafting implements the proposal to supplement, remove from, or adjust the progress of submitting law and ordinance projects according to Clause 2 of Article 12 of Decree No. 24/2009/ND-CP, submits to the Deputy Minister in charge for comments and sends to the Legal Department for consolidation, and the Minister signs the document sent to the Ministry of Justice;

b) Program for developing decrees: The leading unit in drafting implements the proposal to supplement, remove from, or adjust the progress of submitting decree projects according to Clause 2 of Article 19 of Decree No. 24/2009/ND-CP, submits to the Deputy Minister in charge for comments and sends to the Legal Department for consolidation, and the Minister signs the document sent to the Government Office, Ministry of Justice;

c) Program for developing decisions: The leading unit in drafting implements the proposal to supplement, remove from, or adjust the progress of submitting decision projects, submits to the Deputy Minister in charge for comments and sends to the Legal Department for consolidation, and the Minister signs the document sent to the Government Office, Ministry of Justice.

2. For the program for developing circulars: The leading unit in drafting implements the proposal to supplement, remove from, or adjust the progress of submitting circulars, reports to the Deputy Minister in charge for comments and sends to the Legal Department for consolidation, and reports to the Minister.

Article 14. Monitoring, Urging, and Reporting on the Implementation of Programs for Developing Drafts and Projects

1. Responsibilities of the Leading Unit in Drafting

a) The head of the unit under the Ministry assigned to lead the drafting shall be responsible for ensuring the progress, procedures, and quality of draft projects;

b) Implementing the six-monthly and annual reporting system or ad hoc reporting on the implementation of the program for developing draft projects submitted to the Legal Department for consolidation, and reported to the Minister or competent authority;

For draft projects delayed, the leading unit in drafting must report detailing the reasons for the delay and propose measures to address it.

c) Reports are to be submitted six months before June 15 and annually before November 15 each year.

2. Responsibilities of the Legal Department

a) Monitor and urge units under the Ministry to organize the drafting of assigned draft projects;

b) Report to the Minister on issues arising during the implementation of the annual program for developing legal normative documents of the Ministry;

c) Draft six-monthly and annual or ad hoc reports on the work of developing draft projects for the Minister to sign and send to the competent authority.

Chapter III

DRAFTING AND ISSUANCE OF NORMATIVE LEGAL DOCUMENTS

Section 1

DRAFTING LAWS, ORDINANCES, DECREES, DECISIONS

 Article 15. Drafting Board

1. The authority to decide on the establishment, composition, tasks of the Drafting Board, duties of the Chairperson of the Drafting Board, responsibilities of members of the Drafting Board, and activities of the Drafting Board shall be carried out in accordance with the provisions of Articles 30, 31, 32, and Article 60 of the Law on Enacting Legal Normative Documents, Articles 20, 21, 22, 23, and 24 of Decree No. 24/2009/NĐ-CP, and other relevant laws.

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

Article 16. Editorial Team

1. In cases where the Drafting Board is established, the Chairperson of the Drafting Board establishes the Editorial Team to assist the Drafting Board in performing its tasks. If the Drafting Board is not established, if deemed necessary, the leading unit for drafting may propose and submit to the Ministry's leadership for decision on establishing the Editorial Team.

2. The Editorial Team operates under the direction of the Chairperson of the Drafting Board and the Minister. The tasks and composition of the Editorial Team are stipulated in Article 25 of Decree No. 24/2009/NĐ-CP.

Members of the Editorial Team include representatives from ministries and sectors (if any), representatives from related units within the Ministry, and the legal affairs organization of the Ministry, General Department, or specialized Department, including the focal point officer responsible for administrative procedure control of the leading drafting unit (for projects and draft regulations on administrative procedures).

3. For law and ordinance projects, the Head of the Editorial Team is a member of the Drafting Board and the Head of the leading drafting unit. For other drafts, the Head of the Editorial Team is the leader of the leading drafting unit.

4. The Head of the Editorial Team is responsible to the Chairperson of the Drafting Board and the Minister for the progress and quality of the project and draft.

Article 17. Responsibilities of the Leading Drafting Unit

1. Proposing the establishment of the Drafting Board and developing the activity plan

a) Taking the lead and coordinating with the Legal Affairs Department to prepare the Decision on Establishing the Drafting Board and the Editorial Team for submission to the Ministry's leadership for issuance;

b) Developing the activity plan of the Drafting Board; preparing relevant materials concerning the content of the project and draft; developing the drafting plan; preparing outlines and compiling the project and draft according to the directives of the Chairperson of the Drafting Board;

c) Performing other tasks assigned by the Chairperson of the Drafting Board.

2. Organizing the drafting of legal documents

a) Summarizing the implementation of laws, evaluating current legal normative documents related to the project and draft; conducting surveys and studies on local, organizational, or foreign realities; assessing the current social relations related to the main content of the project and draft;

b) Organizing the drafting of the project and draft in accordance with the schedule and ensuring quality. Promptly seeking guidance from the Deputy Minister in charge on important contents of the project and draft;

c) Evaluating the impact of administrative procedures (for projects and drafts regulating administrative procedures);

d) Organizing the collection of opinions and research, adoption of opinions from relevant agencies, organizations, and individuals regarding the project and draft; Seeking opinions from the Administrative Procedure Control Department and the Ministry of Justice on projects and drafts regulating administrative procedures;

đ) Editing the project and draft, completing the dossier, preparing the report for the Minister's approval, sending it to the Legal Affairs Department for review and joint submission of the project and draft;

e) Submitting the dossier of the project and draft to the Minister before wide consultation; submitting it to the Ministry of Justice for examination; submitting it to the Government or the Prime Minister;

g) Completing the dossier of the project and draft for submission to the Ministry of Justice for examination; preparing the dossier of the project and draft for submission to the Government;

h) Completing the project and draft after receiving comments from the competent authority;

i) Taking the lead and coordinating with units within the Ministry to ensure the conditions for the operation of the Drafting Board and the Editorial Team; preparing meetings of the Drafting Board and the Editorial Team, seminars, and conferences on the project and draft;

k) Being responsible to the Minister and the Chairperson of the Drafting Board for the content, quality, and progress of the drafting of the project and draft;

l) Promptly reporting and seeking guidance from the Deputy Minister in charge, the Minister, and the Chairperson of the Drafting Board on new issues arising during the drafting process.

Article 18. Soliciting opinions during the drafting process of projects and draft documents

1. Projects and draft documents must solicit opinions from relevant agencies, organizations, individuals, and directly affected entities according to the provisions of Articles 35, 62, Clause 2 of Article 67 of the Law on Issuing Legal Normative Documents and Articles 27, Clause 5 of Article 31 of Decree No. 24/2009/NĐ-CP.

2. Soliciting opinions from related units within the Ministry

The leading unit responsible for drafting has the responsibility to organize the solicitation of opinions from related units within the Ministry regarding the project and draft document. Units within the Ministry have the responsibility to provide comments when requested; the head of the commenting unit shall be accountable to the Minister for not participating or delaying participation in providing comments and any resulting issues (if any) related to the content under their management responsibility.

3. Soliciting opinions from legal affairs organizations at General Departments and Bureaus within the Ministry

The leading unit responsible for drafting has the responsibility to solicit opinions from its own legal affairs organization regarding the project and draft document.

4. For projects and draft documents related to the rights and obligations of enterprises, the leading unit responsible for drafting shall submit a letter to the Vietnam Chamber of Commerce and Industry to solicit opinions from enterprises.

5. For projects and draft documents related to food safety and animal and plant quarantine (SPS), technical barriers to trade (TBT), the leading unit responsible for drafting shall send the project and draft document to the SPS Office and the TBT Office of Vietnam to notify the WTO Secretariat and member countries for comments. The time for soliciting comments shall be at least 60 (sixty) days.

6. Soliciting opinions from the Administrative Procedure Control Bureau, Ministry of Justice

For projects and draft documents stipulating administrative procedures, the leading unit responsible for drafting shall send them to the Administrative Procedure Control Bureau for comments before submitting them to the Ministry of Justice for review.

Article 19. Consolidating, adopting opinions, and revising projects and draft documents

1. The leading unit responsible for drafting has the responsibility to consolidate, study, adopt, and explain opinions from agencies, organizations, individuals; and the opinions of the Administrative Procedure Control Bureau and the Ministry of Justice regarding the content stipulating administrative procedures in the project and draft document. In cases where opinions are not adopted, the leading unit responsible for drafting must provide specific explanations.

The adoption of opinions on administrative procedure regulations in the project and draft document shall be reflected as a separate section in the document consolidating and explaining opinions, to be sent to the Administrative Procedure Control Bureau and the Ministry of Justice.

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

3. After receiving guidance from the Head of the Drafting Board and the Minister, the leading unit responsible for drafting and the Editorial Team shall be responsible for revising the project and draft document. If deemed necessary, the leading unit responsible for drafting may continue to solicit participation opinions from relevant agencies, units, organizations, and individuals both inside and outside the Ministry.

Article 20. Reviewing and signing for joint submission of projects and draft documents

1. Before submitting the project and draft document for the Minister's review and signature for submission to the Ministry of Justice for review, and for submission to the Government and the Prime Minister, the leading unit responsible for drafting shall be responsible for sending the project and draft document files to the Legal Affairs Department for review and signing for joint submission.

2. Within three working days from the date of receipt of the project and draft document files, the Legal Affairs Department shall be responsible for reviewing the files and signing for joint submission of the project and draft document.

In cases where there is disagreement about the file; drafting procedures or content of the project and draft document, the Legal Affairs Department will not sign for joint submission, and simultaneously provide comments for the leading unit responsible for drafting to study and perfect the project and draft document.

Article 21. Submission of project and draft for review by the Ministry of Justice

1. Projects and drafts shall be submitted to the Ministry of Justice for review before being presented to the Government or the Prime Minister.

2. The documents for review shall be submitted in accordance with the provisions of Clause 2, Article 36, Clause 2, Article 63 of the Law on Enacting Legal Normative Documents; Clause 2, Article 43 of Decree No. 24/2009/NĐ-CP and Clause 4, Article 1 of Decree No. 48/2013/NĐ-CP.

3. Responsibilities of the leading unit in drafting

a) Submitting complete project and draft documents in accordance with the provisions of Clause 2 of this Article to the Ministry of Justice;

b) Providing necessary information and materials related to the projects and drafts upon request of the reviewing agency.

4. Responsibilities of the Legal Affairs Department

Cooperating with the leading unit in drafting to prepare the documents for submission to the Ministry of Justice for review.

Article 22. Study, incorporate review comments, perfecting projects and drafts

The leading unit in drafting shall take the lead and cooperate with the Legal Affairs Department to study and incorporate the review comments of the Ministry of Justice to revise and perfect the projects and drafts. Explanatory documents regarding the incorporation or non-incorporation of review comments must be sent to the Ministry of Justice.

Article 23. Presenting projects and drafts to the Government or the Prime Minister

The leading unit in drafting shall take the lead and cooperate with the Legal Affairs Department to prepare the documents for submission to the Minister for presentation to the Government or the Prime Minister in accordance with the provisions of Articles 37, 38, 64, and 65 of the Law on Enacting Legal Normative Documents and Articles 26 and 32 of Decree No. 24/2009/NĐ-CP.

Article 24. Provision of Information for Press Release

1. Within three working days from the date the legal normative document of the Government or the Prime Minister is signed and issued, the leading unit in drafting shall be responsible for sending the information in accordance with Clause 2, Article 2 of Circular No. 12/2013/TT-BTP dated August 7, 2013 of the Minister of Justice on the procedure for issuing press releases on legal normative documents issued by the Government or the Prime Minister to the Legal Affairs Department in the form of a letter and email.

2. Within two working days from the date of receipt of the information sent by units in accordance with Clause 1 of this Article, the Legal Affairs Department shall be responsible for compiling and providing information to the Ministry of Justice about the legal normative document of the Government or the Prime Minister drafted by the Ministry of Agriculture and Rural Development to serve the construction of the press release.

Section 2

DRAFTING OF THE CIRCULAR BY THE MINISTER

Article 25. Organization of Drafting

1. Responsibilities of the Leading Unit in Drafting

a) In case of necessity, based on the annual program for drafting the circular already approved by the Minister, the leading unit in drafting shall submit to the leadership of the Ministry for decision to establish an Editorial Team in accordance with Article 16 of this Circular;

b) Organizing the drafting of the circular in accordance with Clauses 2 and 3 of Article 34 of Decree No. 24/2009/NĐ-CP, ensuring progress and quality;

c) Organizing the collection of opinions and studying, incorporating opinions of relevant agencies, organizations, and individuals on the draft in accordance with Articles 26 and 27 of this Circular;

d) Assessing the impact of administrative procedures (for draft circulars prescribing administrative procedures);

đ) Preparing a report to the Minister in accordance with Clause 1, Article 34 of Decree No. 24/2009/NĐ-CP;

e) Perfecting the draft circular;

g) Incorporating and explaining review comments;

h) Submitting to the Deputy Minister in charge for guidance during the drafting process of the circular;

i) Submitting to the Minister for guidance; considering and promulgating.

2. Responsibilities of the Legal Department

Participate in drafting the circular; provide comments and review the draft circular.

3. Responsibilities of related units

Participate in the Editorial Team at the request of the leading unit in drafting; provide comments on the draft circular when solicited.

Article 26. Organizing the collection of opinions during the drafting process of the circular

1. The draft circular must be solicited for opinions from relevant agencies, organizations, and individuals, and those directly affected by the document in accordance with Clause 2, Article 68 of the Law on Enacting Legal Normative Documents; Clause 5, Article 31, Clause 4, Article 34, and Clause 5, Article 36 of Decree No. 24/2009/NĐ-CP and Clauses 2, 3, 4, and 5, Article 18 of this Circular.

2. Solicit opinions from the Legal Department

In the case of a draft circular prescribing administrative procedures, in addition to participating in providing comments on the content of the draft, the Legal Affairs Department shall provide comments on administrative procedures in accordance with Clause 2, Article 1 of Decree No. 48/2013/NĐ-CP.

3. For draft circulars related to the rights and obligations of a large number of people and businesses; related to many ministries, sectors, localities or requiring clear definition of responsibilities and cooperation among relevant parties, the leading unit in drafting shall submit a letter to solicit opinions from the Ministry of Justice and related ministries and sectors.

Article 27Summarize, incorporate opinions and revise the draft circular

1. The leading unit in drafting shall be responsible for researching, incorporating, and explaining opinions from relevant agencies, units, organizations, and individuals. In cases where opinions are not incorporated, the leading unit in drafting must issue an explanatory document.

Incorporation of opinions on administrative procedures in the draft circular shall be reflected as a separate part in the explanatory document, to be sent to the Legal Affairs Department.

2. The leading unit in drafting shall report to the Deputy Minister in charge to seek guidance on incorporating opinions and revising the draft.

3. The leading unit in drafting shall report to the Minister on the progress, content, complex issues, differing opinions, and seek guidance.

4. After receiving guidance from the Minister, the leading unit in drafting and the Editorial Team shall be responsible for revising the draft. If deemed necessary, the leading unit in drafting may continue to solicit opinions from relevant agencies, units, organizations, and individuals inside and outside the Ministry.

Article 28. Organization of the review of circulars

1. The Legal Affairs Department shall be responsible for reviewing draft circulars prepared by units under the Ministry before submitting them to the Minister for signature and promulgation in accordance with Article 49 of Decree No. 24/2009/NĐ-CP and this Circular.

2. For draft circulars prepared by the Legal Affairs Department as the main drafter or those containing complex contents related to the professional work of multiple units and fields, the Legal Affairs Department shall propose the establishment of a Review Board by the Ministry's leadership.

3. The review dossier includes:

a) A letter requesting review;

b) Draft memorandum to the Minister;

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

d) Summary of opinions, explanation on the incorporation or non-incorporation of opinions from agencies, units, organizations, and individuals; explanation on the comments of the Legal Affairs Department regarding administrative procedures stipulated in the draft circular (for draft circulars stipulating administrative procedures); copies of comments from units under the Ministry and other Ministries and sectors (if any);

đ) Impact assessment report on administrative procedures in the draft circular (for draft circulars stipulating administrative procedures);

e) Opinions of the legal affairs organization of General Departments and Bureaus under the Ministry on draft circulars prepared by the General Departments and Bureaus as the main drafter;

g) Other related documents (if applicable).

4. The number of dossiers sent to the Legal Affairs Department for review is two (2) sets or according to the number of Review Board members (in case of establishing a Review Board) and an electronic copy.

5. The review period is seven (7) working days, starting from the date when the Legal Affairs Department receives a complete and valid dossier. In cases where the review dossier does not meet the requirements stipulated in Clause 3 of this Article, within no more than two (2) working days, the Legal Affairs Department shall request the main drafting unit to supplement the dossier.

If it is necessary to establish a Review Board, the review period for draft circulars stipulating administrative procedures is fifteen (15) working days, starting from the date when the Legal Affairs Department receives a complete and valid dossier.

6. The content of the review is carried out in accordance with Clause 3 of Article 36 of the Law on Issuing Legal Normative Documents and Clause 4 of Article 1 of Decree No. 48/2013/NĐ-CP.

7. During the review process, if deemed necessary, the Legal Affairs Department may request the main drafting unit to provide additional relevant information, materials, or explanations on related issues to clarify the content of the draft.

8. The review opinions of the Legal Affairs Department and the Review Board must be studied by the main drafting unit, which shall report and explain the incorporation of review opinions and revise and perfect the draft circular before submitting it to the Minister for consideration and signature.

In cases where there are differing opinions, the Legal Affairs Department shall issue a letter to the main drafting unit or directly record the retention of opinions in the document submission form. The main drafting unit shall report and submit to the Minister for consideration and decision.

Article 29. Establishment and Operation of the Review Board

1. The Legal Affairs Department shall be responsible for drafting the Decision to establish the Review Board to be submitted to the Ministry's leadership for issuance. The composition of the Review Board shall include representatives from relevant agencies and units. Experts and scientists may also be invited to participate in the Review Board.

2. Officials and civil servants representing units appointed to participate in the Review Board shall be responsible for studying the draft circular and providing review opinions at the review meeting or in writing to the Legal Affairs Department.

3. The Review Board shall have a minimum of seven (7) members and must be an odd number. The Chairman of the Review Board is the leader of the Legal Affairs Department.

4. The Review Board operates based on the principle of collective decision-making and majority voting. The Review Board ceases its activities and dissolves itself after completing the review process.

Article 30. Submission for Issuance of Circulars

1. The dossier submitted to the Ministry's leadership for signing and issuing circulars shall include:

a) Proposal of the Minister regarding the draft circular;

b) The draft circular after incorporating comments from the review and opinions of agencies, organizations, and individuals;

c) A summary of comments, explanations on the incorporation or non-incorporation of comments from agencies, units, organizations, and individuals; explanations on the comments provided by the Legal Department regarding administrative procedures in the draft circular (for draft circulars regulating administrative procedures);

d) An impact assessment of administrative procedures in the draft circular (for draft circulars regulating administrative procedures);

đ) The review report of the Legal Department or the Review Board;

e) The explanation report on incorporating review comments;

g) Other related documents (if any).

2. Submission for Issuance of Circulars

a) The draft circular submitted to the Minister for signing and issuance must be complete with all required documents as stipulated in Clause 1 of this Article.

b) The head of the main drafting unit signs and submits the draft circular and initial at the bottom of the page containing the Minister’s signature, and all pages of the annexes (if any), and is responsible for the content and feasibility of the document;

c) The Legal Department signs and jointly submits the draft circular and is responsible for its consistency and conformity with current laws;

d) The coordinating drafting units (if any) sign and jointly submit the draft circular and are responsible for the content within their functional scope in the document;

đ) The Ministry Office is responsible for receiving the dossier in accordance with regulations.

In cases where the dossier is incomplete according to the regulations, the Ministry Office requests the main drafting unit to complete the dossier before submitting it to the Minister.

3. The main drafting unit is responsible for seeking the opinion of the Deputy Minister in charge prior to submitting the draft to the Minister. For complex drafts involving multiple fields or important issues, the Minister directs the solicitation of opinions from Deputy Ministers. The main drafting unit is responsible for researching, compiling, and explaining the opinions of Deputy Ministers, and reporting to the Minister for decision-making.

4. The Minister signs to issue the circular or assigns a Deputy Minister in charge to sign and issue the circular.

Article 31. Drafting and Issuing Joint Circulars

1. In cases where the Ministry of Agriculture and Rural Development is the main drafting agency, the construction and issuance of documents shall be carried out in accordance with the provisions of Section 2, Chapter III of this Circular and sent to the legal department of the joint issuing agency for review of the draft joint circular.

2. In cases where the Ministry of Agriculture and Rural Development is assigned as a coordinating drafting agency, the following shall apply:

a) If the content of the draft joint circular relates to the field managed by a specific unit, that unit is responsible for leading coordination with the main drafting agency during the drafting process;

b) The Legal Department reviews the draft joint circular;

c) The unit designated by the Ministry to lead coordination in drafting the joint circular is responsible for studying, incorporating review comments to perfect the draft and dossier before submitting to the Minister and the head of the main drafting agency for joint signing and issuance.

3. The agency or unit responsible for drafting the joint circular as stipulated in Clause 1 of this Article is responsible for issuing the joint document.

Article 32. Issuance, Publication in the Official Gazette, Sending, and Announcing Administrative Regulations in the Form of Circulars

1. Issuance of Documents

a) After the document has been signed by the Ministry's leadership, the main drafting unit is responsible for sending two original copies along with the electronic version to the Ministry Office and is responsible for the accuracy of the electronic version compared to the original draft circular;

b) The Ministry Office is responsible for numbering the circular, affixing stamps, archiving, sending the circular to agencies, organizations, and individuals according to the "recipients" list, and returning the submission dossier to the main drafting unit.

2. Publication in the Official Gazette, Sending, and Announcing Documents

a) The publication in the Official Gazette, sending, and announcing of circulars shall be carried out in accordance with the Law on Issuance of Normative Legal Documents, guiding documents, and regulations on protecting state secrets;

b) Within the latest period of two working days from the date of signing the circular, the Ministry Office is responsible for sending the original and electronic versions of the normative legal document to the Official Gazette, the Government's Electronic Portal, and posting it on the Ministry's Electronic Portal, except for documents containing state secrets;

c) Within the latest period of three working days from the date of signing, the Ministry Office sends the Ministry's circular to the Department of Legal Document Inspection under the Ministry of Justice, relevant ministries, sectors, and the Legal Department for inspection;

3. Draft circulars and original documents must be stored in accordance with legal regulations on storage.

Article 33. Publicizing Administrative Procedures

1. All administrative procedures, after being issued, amended, supplemented, replaced, abolished, or repealed, must be publicly announced through a Decision of the Minister of Agriculture and Rural Development.

2. Procedure for Publicizing Administrative Procedures

a) Within five working days from the date of issuance of the normative legal document regulating administrative procedures, the main drafting unit establishes a dossier for publicizing administrative procedures (paper and electronic versions) and sends it to the Legal Department (through official correspondence or directly);

b) The Legal Department checks the validity of the dossier and issues a receipt for the dossier sent by the main drafting unit within a maximum of three working days for cases sent via official correspondence, and immediately upon receipt for direct submissions;

c) Within five working days from the date of receiving a valid dossier, the Legal Department checks the accuracy of the content of the administrative procedure; signs to confirm so that the main drafting unit can prepare a report attached to the dossier for submission to the Minister for signing the announcement decision. In cases where the dossier does not meet requirements, the Legal Department returns it and requests further completion.

d) Within five (5) working days from the date the Minister signs the Decision on announcing administrative procedures, the leading unit must submit this Decision to the Legal Department for updating the national database on administrative procedures and compiling the List of updated administrative procedures to be submitted for the approval of the Ministry's leadership to be publicly disclosed by the competent authority based on the national database.

3. Documents for Announcing Administrative Procedures

a) A letter sent to the Legal Department;

b) Draft Decision on announcing and appendices according to the model prescribed by the Minister of Justice (List of administrative procedures categorized by new, amended, supplemented, replaced, and abolished types, classified by administrative levels, with markings indicating amendments and detailed content lists for each administrative procedure);

c) Statistical forms for each administrative procedure and accompanying application forms and declaration forms for publicizing administrative procedures.

The focal point officer of the leading unit responsible for supervising administrative procedures shall sign to confirm each statistical form of administrative procedures and accompanying application forms and declaration forms.

4. The Decision on announcing administrative procedures shall be issued at the latest twenty (20) working days before the effective date of the legal normative document stipulating such administrative procedures.

5. Publicizing Administrative Procedures

a) The Legal Department will cooperate with the Information and Statistics Center to publish the content of administrative procedures on the Ministry’s electronic portal;

b) Units under the Ministry will publish the content of administrative procedures on their respective electronic portals according to a unified template (including the Minister's Decision on announcing administrative procedures, statistical forms, and accompanying application forms and declaration forms), and publicly display paper copies at locations where administrative procedures are processed and at subordinate units, in accordance with the format prescribed by the Minister of Justice.

Article 34Consolidation of Legal Normative Documents

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

a) Legal normative documents of the President, Government, Prime Minister, and joint circulars between the Government and central agencies of political-social organizations related to agriculture and rural development, primarily drafted by the Ministry of Agriculture and Rural Development;

b) Circulars of the Minister and joint circulars primarily drafted by the Ministry of Agriculture and Rural Development.

2. Procedure for consolidation of documents

a) Conducting the consolidation process

Within two (2) working days from the date of receipt of the document specified in Point a Clause 1 Article herein and from the date of issuance for the document specified in Point b Clause 1 Article herein, the leading unit drafting the project or draft shall consolidate the document in accordance with Chapter III of the Consolidation Law on Legal Normative Documents, and send it to the Legal Department.

b) Checking the accuracy of the content and technical aspects of the consolidated document draft

Within two (2) working days from the date of receipt of the consolidated document draft, the Legal Department shall check the accuracy of the content and technical aspects of the consolidated document draft submitted by the leading unit.

c) Signing to authenticate the consolidated document

Within one (1) working day from the date of receipt of the Legal Department's comments, the leading unit shall finalize the consolidated document draft and submit it to the Minister for authentication.

d) Publishing the consolidated document in the Official Gazette and on the electronic portal

Within two (2) working days from the date of authentication, the leading unit shall submit the consolidated document for the document specified in Point a Clause 1 Article herein to the Ministry Office to be published in the Official Gazette and on the Government's electronic portal.

Within two (2) working days from the date of authentication, the leading unit shall submit the consolidated document for the document specified in Point b Clause 1 Article herein to the Information and Statistics Center to publish the consolidated document on the Ministry's electronic portal.

3. The leading unit consolidating the document is responsible for reporting periodically every six (6) months or annually, or at any time, on the implementation of the consolidation of legal normative documents to the Legal Department for consolidation and reporting to the Ministry's leadership.

Article 35. Correcting regulatory legal documents

1. Regulatory legal documents, after being issued and published in the Official Gazette, if errors are discovered, must be corrected. The correction must be made through a decision by the Minister and must be published in the Official Gazette.

2. Corrections to regulatory legal documents that have been issued or published in the Official Gazette must be based on comparison with the original document and shall not change the content of the provisions in the original document. Corrections are only made for typographical errors or errors in the format and technical presentation of the regulatory legal document. Corrections do not apply to errors regarding the basis for issuance, authority, or content of the regulatory legal document.

Chapter IV

RESPONSIBILITIES OF UNITS

Article 36Responsibilities of the Legal Affairs Department

1. Draft proposals for the program to build regulatory legal documents of the Ministry based on the proposals of units under the Ministry; urge and inspect the implementation of the program to build regulatory legal documents after it has been approved by the Minister.

2. Take the lead or participate in drafting projects and drafts according to the assignment of the Minister.

3. Provide comments on projects and drafts of regulatory legal documents sent for review by agencies and units.

4. Provide comments on administrative procedures stipulated in draft circulars.

5. Review draft circulars and joint circulars.

6. Examine files; procedures and processes for drafting; co-sign for projects and drafts primarily drafted by units under the Ministry before submitting them to the Minister for submission to the Ministry of Justice for review or to the Government, Prime Minister.

7. Check the accuracy of content and technical consolidation of draft consolidated documents.

8. Guide compliance with regulations on building regulatory legal documents; periodically report every six months, annually, or at any time to the Minister on the work of building and issuing documents of the Ministry.

9. Propose measures to improve quality and ensure progress in drafting and issuing projects and drafts to the Minister.

10. Lead and coordinate with the Finance Department to develop annual budget plans for the work of drafting and issuing projects and drafts of the Ministry based on proposals from units under the Ministry.

11. Lead and coordinate with the Cadre and Civil Service Organization Department to propose commendations and rewards in the work of building and issuing projects and drafts.

Article 37Responsibilities of Units Under the Ministry

1. Leading Unit for Drafting

a) Propose a list of projects and drafts to be included in the program for building regulatory legal documents;

b) Prepare and adjust the budget for the drafting work of the unit according to regulations;

c) Submit to the Ministry Leadership for approval the draft decision to establish the Drafting Board and Editorial Team when such boards are established;

d) Organize the drafting of projects and drafts in accordance with legal regulations on building and issuing regulatory legal documents, ensuring quality and progress according to the approved plan;

đ) Timely report and seek guidance from the Minister or Deputy Minister responsible for issues arising during the drafting process such as: drafting progress, content of the document, additions, removals from the program, and other contents;

e) Implement the publication of administrative procedures and consolidation of regulatory legal documents as stipulated in this Circular.

2. The Ministry Office

Carry out clerical work, issue documents; submit for publication in the Official Gazette, the Government Portal, and the Ministry's website as prescribed.

3. The Finance Department

Allocate funds for the work of building regulatory legal documents of the Ministry as prescribed.

4. Units Under the Ministry

a) Nominate participants for Drafting Boards, Editorial Teams of projects and drafts, and Review Committees when requested;

b) Provide timely and high-quality comments on projects and drafts within the specified timeframe.

Article 38. Responsibilities of the Legal Organization of the General Department and the Department under the Ministry

1. Assist the Director-General, Department Director in compiling and proposing annual regulatory legal document construction plans of units under the General Department and the Department to be submitted to the Ministry (through the Legal Affairs Department) for inclusion in the Ministry's regulatory legal document construction program.

2. Take the lead or participate in drafting projects and drafts according to the assignment of the Director-General, Department Director.

3. Provide comments on projects and drafts sent by other agencies and units for review.

4. Examine files; drafting procedures and formalities; participate in providing opinions on projects and drafts prepared by units under the General Department and the Department before submitting them to the Director-General, Department Director for consideration and decision to propose the Ministry's Legal Affairs Department for examination; submit to the Minister for consideration and issuance.

5. Take the lead in assisting the Director-General, Department Director to coordinate with the Ministry's Legal Affairs Department to control administrative procedures in accordance with the provisions of the law.

6. Take the lead or cooperate with units under the General Department and the Department to implement the consolidation of regulatory legal documents.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Circular takes effect from January 3, 2014.

2. This Circular replaces Circular No. 28/2009/TT-BNNPTNT dated June 2, 2009 issued by the Minister of Agriculture and Rural Development stipulating the procedures and formalities for drafting and issuing regulatory legal documents in the field of agriculture and rural development and Circular No. 49/2011/BNNPTNT dated July 15, 2011 issued by the Minister of Agriculture and Rural Development amending and supplementing certain articles of Circular No. 28/2009/TT-BNNPTNT dated June 2, 2009.

Article 40Responsibility for Implementation

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

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

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall reflect to the Ministry of Agriculture and Rural Development (Legal Affairs Department) for consolidation and submission to the Minister for consideration and decision./.