Circular No. 58/2013/TT-BGTVT on the construction, issuance, consolidation of regulatory legal documents, administrative procedure control, and monitoring the enforcement of laws in the field of transport.

CIRCULAR

Provisions on drafting, promulgating, consolidating normative legal documents

in the field of transport

Supervising administrative procedures, monitoring the implementation of laws

______________

 

Pursuant to the Law on Enactment of Normative Legal Documents dated June 3, 2008; Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006; Pursuant to the Ordinance on Consolidation of Normative Legal Documents dated April 5, 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. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving, handling complaints and suggestions from individuals and organizations regarding administrative regulations;

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

Pursuant to 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. 59/2012/ND-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

At the request of the Director of the Legal Department,

The Minister of Transport issues this Circular to provide for drafting, promulgating, consolidating normative legal documents, supervising administrative procedures, and monitoring the implementation of laws in the field of transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Establishing a program for drafting normative legal documents on transport (hereinafter referred to as normative legal documents);

2. Drafting, reviewing, and promulgating normative legal documents;

3. Consolidating normative legal documents;

4. Reviewing and systematizing normative legal documents;

5. Supervising administrative procedures;

6. Monitoring the implementation of laws.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the drafting, promulgating, consolidating normative legal documents, supervising administrative procedures, and monitoring the implementation of laws in the field of transport.

Article 3. Regulatory Legal Documents

1. A normative legal document is a document that has all the following elements:

a) Issued by state agencies or jointly issued according to their authority, form, procedure, and process prescribed by law;

b) Contains general rules of conduct, has general binding force, and is guaranteed by the State for the purpose of regulating social relations.

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

a) Laws, ordinances, resolutions drafted by the Ministry of Transport and submitted to the Government for the Government to submit to the National Assembly, the Standing Committee of the National Assembly;

b) Decrees, decisions drafted by the Ministry of Transport and submitted to the Government, the Prime Minister for issuance, except decisions of the Prime Minister approving programs, projects; assigning economic and social targets to agencies, organizations; establishing universities; setting up temporary steering committees, councils, commissions to perform tasks within a specified period; rewarding, disciplining, transferring work assignments; appointing, dismissing, removing from office, accepting resignation, suspending officials and civil servants, and similar matters;

c) Circulars issued by the Minister of the Ministry of Transport;

d) Joint circulars between the Minister of Transport and other Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy.

3. Contents of the Circular of the Minister include:

a) Detailed regulations implementing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decrees of the Government, decisions of the Prime Minister;

b) Regulations on technical standards, economic-technical norms of the transport sector;

c) Measures to implement state management functions in the transport sector and other matters assigned by the Government.

4. Circulars of the Minister of Transport issuing national technical standards in the field of transport, in addition to complying with the provisions of this Circular, must also comply with the provisions of the Law on Technical Standards and Regulations and guiding documents for its implementation.

Article 4. Budget for construction, consolidation, review, systematization of regulatory legal documents, legal support for businesses, codification, regulation systematization, administrative procedure control, monitoring of legal implementation

Clause 1. The budget for developing programs, drafting, promulgating, consolidating, reviewing, systematizing, providing legal support for businesses, codification, administrative procedure control, monitoring of legal implementation (hereinafter referred to as the budget for constructing and perfecting the legal system on transport) shall be funded from the state budget, included in the annual operating budget of agencies and organizations.

Clause 2. Annual budget planning:

Point a) Based on the annual plan and current regulations, the leading agency in drafting shall take the lead and coordinate with the advisory agency to prepare the budget plan ensuring the implementation of the tasks stipulated in Clause 1 of this Article.

Point b) Before June 10 each year, all Departments and Bureaus shall submit their annual budget plans for constructing and perfecting the legal system on transport to the Legal Affairs Department and the Finance Department, simultaneously incorporating them into their own annual budget plans sent to the Ministry (for Departments) or to the Ministry's Office (for Bureaus).

Clause 3. Based on the approved budget estimate for activities related to constructing and perfecting the legal system on the transport sector by the Ministry of Transport after receiving comments from the Ministry of Finance, the Finance Department shall take the lead and coordinate with the Legal Affairs Department to advise the Minister on the proposed budget allocation for agencies and organizations.

Clause 4. The expenditure level for constructing and perfecting the legal system on the transport sector shall follow the guidelines of the Ministry of Justice, the Ministry of Finance, and the Government Office.

Clause 5. The Finance Department shall be responsible for coordinating with competent financial agencies to ensure sufficient funding, timely and within deadlines for the implementation of draft programs, promulgation, consolidation, review, systematization, provision of legal support for businesses, codification, administrative procedure control, and monitoring of legal implementation approved by the Minister.

Clause 6. The Ministry's Office shall be responsible for balancing and allocating sufficient funds for drafting, promulgation, consolidation, review, systematization, provision of legal support for businesses, codification, administrative procedure control, and monitoring of legal implementation approved by the Minister.

Clause 7. Agencies and organizations participating in the development of regulatory legal documents may utilize supplementary funds from domestic and foreign projects according to the law to supplement the budget for constructing and perfecting the legal system on transport.

Clause 8. Based on assigned tasks, Departments and General Departments shall allocate sufficient funds and promptly for drafting, promulgation, consolidation, review, systematization, provision of legal support for businesses, codification, administrative procedure control, and monitoring of legal implementation.

Clause 9. Payment and settlement of the budget for constructing and perfecting the legal system on transport shall be carried out in accordance with current regulations.

Chapter II

LEGISLATIVE DRAFTING

Section 1

DEVELOPMENT OF THE PROGRAM FOR LEGISLATIVE DOCUMENTS

LEGAL REGULATIONS

Article 5. Time for Developing the Program for Legislative Documents

Clause 1. Annually, all Departments, Public-Private Partnership Project Management Boards, the Ministry's Office, the Inspectorate (collectively referred to as Departments); General Departments, Departments, Institutes, Schools, Information Technology Centers (collectively referred to as Departments); enterprises and other agencies and organizations under the Ministry shall propose legislative documents for the following year based on their functions and actual needs, and submit them to the Ministry (through the Legal Affairs Department) at the following times:

Point a) Before February 1 for laws and ordinances;

Point b) Before June 10 for decrees, decisions, circulars.

The proposal for developing regulatory legal documents shall comply with Article 8 of this Circular.

Clause 2. Agencies, organizations, and individuals not falling under the scope defined in Clause 1 of this Article have the right to propose the development of regulatory legal documents to the Ministry of Transport for consideration and decision.

Clause 3. Before June 20 and December 1 each year, the Science and Technology Department shall submit a list of circulars promulgating national technical standards to the Legal Affairs Department for consolidation and submission to the Minister for approval of the Program for Developing Regulatory Legal Documents of the Ministry of Transport (hereinafter referred to as the Program).

Article 6. Responsibilities of agencies and units in drafting programs to establish regulatory legal documents

Agencies and organizations under the Ministry shall be responsible for the following before submitting to the Ministry for the establishment of laws, ordinances, decrees:

1. Organizing to collect opinions from relevant agencies, organizations, and individuals within the sector regarding the proposal to establish laws, ordinances, and decrees;

2. Publishing the explanatory memorandum on the proposal to establish laws, ordinances, and decrees and the preliminary impact assessment report of the document on their own electronic information websites at least 20 days prior to registering the program to allow agencies, organizations, and individuals to participate in providing opinions;

3. Taking the lead and coordinating with related agencies and organizations to study and perfect the proposal dossier for establishing laws, ordinances, and decrees based on the feedback received.

Article 7. Responsibilities of the Legal Affairs Department in drafting programs to establish regulatory legal documents

1. Taking the lead and coordinating with related agencies to review proposals for establishing regulatory legal documents submitted by agencies, organizations, and individuals; considering and not including in the Program those documents that do not have complete dossiers as stipulated in Article 8 of this Circular or lack sufficient legal basis for issuance. Drafting the proposed Program; reporting to the Deputy Minister in charge of legislative work through the proposed Program; seeking opinions from other Deputy Ministers; submitting to the Minister for signing the Decision to issue the Program, which assigns tasks to the Deputy Minister in charge, the main drafting agency, the advisory agency, the coordinating agency, the submission time, and the issuance time of the document.

2. Taking the lead and coordinating with related agencies and organizations to revise and perfect the dossier to submit to the Minister for signing the letter proposing the establishment of laws and ordinances to the Ministry of Justice before March 1st of the first year of the National Assembly term (for dossiers proposing the establishment of laws and ordinances according to the National Assembly term) or no later than 105 days before March 1st of the year preceding the year in which they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly (for annual dossiers proposing the establishment of laws and ordinances based on the program for the entire National Assembly term or not included in the program for the entire National Assembly term).

3. Taking the lead and coordinating with related agencies and organizations to revise and perfect the dossier to submit to the Minister for signing the letter proposing the establishment of decrees to the Office of the Government and the Ministry of Justice before August 1st of the preceding year, while also submitting to the Ministry's Office for inclusion in the Ministry's annual work program and to the Office of the Government.

4. Taking the lead and coordinating with the Information Technology Center to publish the Decision establishing the Program for drafting regulatory legal documents of the Ministry on the Ministry's electronic information website.

Article 8. Dossier for Proposing the Establishment of Regulatory Legal Documents

The dossier for proposing the establishment of regulatory legal documents includes:

1. An explanatory memorandum on the proposal to establish regulatory legal documents containing the following contents:

a) For the explanatory memorandum on the proposal to establish laws and ordinances, it must clearly state the name of the document; the necessity of issuing the document; scope of regulation, applicable subjects; main content of the document; basic policies of the document and policy objectives, measures to implement the policy, positive and negative impacts of the policy; anticipated resources and conditions to ensure the drafting of the document; guiding viewpoints on the drafting process and preparations made for the drafting process;

b) For the explanatory memorandum on the proposal to establish decrees and circulars, it must clearly state the name of the document, grounds for issuance, necessity of issuing the document, scope of regulation, applicable subjects; main content of the document; basic policies of the document; priority grounds for issuance of the document; administrative procedures (if any).

2. Preliminary Impact Assessment Report (for proposals to establish laws, ordinances, and decrees). Contents of the Preliminary Impact Assessment Report as stipulated in Article 20 of this Circular.

3. A draft list of the main drafting agency, advisory agency, coordinating agency, Deputy Minister in charge, issuing agency, detailed outline preparation time, submission time for the draft document (by each level).

4. A summary table of opinions from agencies, organizations, and individuals attached to the feedback document.

Article 9. Adjustment of the Program

1. Cases for Adjusting the Program

a) Legal normative documents are added to the program due to urgent management requirements or must be amended or supplemented according to newly issued documents to ensure the consistency of the legal system or to implement international commitments;

b) Legal normative documents have their submission time changed or are removed from the Program due to no longer being necessary for issuance or due to new developments or changes in socio-economic conditions.

2. Procedures for Adjusting Submission Time or Removing Documents from the Program

a) The advisory agency submits to the head agency for coordination with the main drafting agency to submit to the Deputy Minister responsible for requesting adjustments to the submission time or removal from the Program. The request clearly states the reasons, direction, content of the adjustment, and proposed handling measures;

b) After obtaining the agreement of the Deputy Minister responsible, the advisory agency seeks the Minister's opinion;

c) When the Minister agrees, the advisory agency transfers the document back to the Department of Legal Affairs for consolidation and monitoring implementation.

3. Procedures for Proposing Supplemental Inclusion in the Program shall be carried out as when proposing the initial establishment of the Program.

4. Time for Adjusting the Program

a) For draft decrees, decisions: Submit to the Deputy Minister responsible not later than 60 days before the 20th day of the month when the document must be submitted according to the Decision on the Program for Drafting Legal Normative Documents of the Ministry;

b) For draft circulars: Submit to the Deputy Minister responsible not later than 30 days before the 20th day of the month when the document must be submitted according to the Decision on the Program for Drafting Legal Normative Documents of the Ministry.

Section 2

 DRAFTING LEGAL NORMATIVE DOCUMENTS

Article 10. Legal Basis for Issuing Legal Normative Documents

1. The basis for issuing a document is a higher-ranking legal normative document that is currently effective or has been promulgated and signed but has not yet taken effect but must take effect prior to or at the same time as the document being issued.

2. Where a higher-ranking legal normative document contains provisions delegating detailed regulations, such specific provisions must be stated in the part of the document detailing regulations under the issuance basis.

Where a detailed regulation document both specifies details of delegated provisions and includes other contents, it is not necessarily required to specify the detailed provisions in the issuance basis section.

3. The issuance basis of the document is presented in regular font, italic style, size 14, below the name of the document; each basis must start on a new line, ending with a semicolon, and the last line ends with a period.

Article 11. Format and Presentation Techniques for Legal Normative Documents

1. The format and presentation techniques for documents are implemented according to the provisions in Appendices I, II, III, IV, V, VI, VII, VIII, IX of this Circular and use the set of Vietnamese Unicode characters, TCVN 6909:2001.

2. Legal normative documents issued by the Government, Prime Minister are based on the model specified in Appendices III, IV, V, VI of this Circular.

3. Circulars are implemented according to the model specified in Appendices VII, VIII, IX of this Circular, numbered sequentially each year and marked with a unique code for each type of document as follows:

a) Circular: Number:          /year of issuance/TT-BGTVT;

b) Joint Circular: Number:            /year of issuance/TTLT/BGTVT-B….

4. The technique of referencing related documents must be carried out as follows:

a) Fully record the name of the document, number, and code of the document; the name of the agency or organization issuing the document. In cases where parts, chapters, sections of a legal normative document are referenced, they must be specifically identified.

b) In cases where references are made to articles, clauses, points, it is not necessary to specify the structural unit containing these articles, clauses, points.

c) In cases where references are made to parts, chapters, sections, articles, clauses, points of a legal normative document, they must be referenced in ascending order from smaller to larger units and the name of the document; if references are made from one clause, point to another within the same article or from one section, article to another within the same chapter of the same document, the name of the document does not need to be specified but must be referenced specifically.

5. In legal normative documents, the effective date must be clearly recorded but must not be earlier than 45 days from the signing date. In cases where legal normative documents stipulate emergency implementation measures, they may take effect immediately upon signing but must be published on the Ministry's website and sent for publication in the Official Gazette no later than two working days after the signing date.

Article 12. Leading drafting agencies

The main drafting agency for legal regulatory documents (hereinafter referred to as the main drafting agency) includes:

a) Departments and General Departments directly draft regulatory legal documents related to their functions and tasks according to the division of the Minister.

b) Bureaus directly draft regulatory legal documents with special characteristics or are assigned directly by the Ministry's leadership.

Article 13. Advisory agencies for submission

1. Draft legal regulatory documents must be reviewed by the designated advisory agencies before submission to the Minister.

2. Advisory agencies for submitting draft regulatory legal documents to the Minister include the Bureaus, Department of Construction Management and Quality of Transport Works, and Department of Health of Transport (hereinafter referred to collectively as advisory agencies for submission), which are assigned according to the following provisions:

a) Legal Affairs Bureau: draft laws, ordinances, resolutions of the National Assembly, Standing Committee of the National Assembly on transport; decrees, decisions of the Government, Prime Minister, circulars assigned by the Ministry's leadership;

b) Planning-Investment Bureau: regulatory legal documents on strategy, planning for industry development, planning and investment work, statistics, import and export in the field of transport;

c) Cadre and Civil Service Organization Bureau: regulatory legal documents on functions, tasks, powers, and organizational structure of the Ministry and subordinate organizations; training and cadre development; labor, salary, and policies for workers; competition, recognition, and reward work in the transport industry;

d) Transport Bureau: regulatory legal documents on transport, transport support services, cooperatives, security in the transport sector; economic-technical norms on transport and transport support services;

đ) Science and Technology Bureau: regulatory legal documents on scientific and technological activities, standards and quality measurement, intellectual property, technical management, product quality, industrial goods in the transport sector; economic-technical norms;

e) Finance Bureau: regulatory legal documents on finance, management and use of state assets in the transport industry;

g) International Cooperation Bureau: regulatory legal documents in the field of international cooperation on transport;

h) Transport Infrastructure Bureau: regulatory legal documents on transport infrastructure management; economic-technical norms on transport infrastructure;

i) Environment Bureau: regulatory legal documents on environmental protection, resource conservation, climate change adaptation, and energy efficiency in the transport sector;

k) Traffic Safety Bureau: regulatory legal documents on traffic safety;

l) Ministry Inspectorate: regulatory legal documents on inspection, complaints, denunciations, anti-corruption in the transport sector;

m) Ministry Office: regulatory legal documents on archival and clerical work;

n) Enterprise Management Bureau: regulatory legal documents on enterprises related to the transport sector;

o) Public-Private Partnership Investment Management Board: regulatory legal documents on attracting investment and public-private partnership investment;

p) Department of Construction Management and Quality of Transport Works: regulatory legal documents on construction management and transport works quality; labor safety during transport works construction; economic-technical norms related to setting unit prices and construction project estimates;

q) Department of Health of Transport: regulatory legal documents on preventive health care; primary health care network; occupational disease prevention; workplace hygiene and health standards for transportation vehicle operators and workers in specialized fields of the transport industry.

3. In addition to the provisions of Clause 2 of this Article, advisory agencies have the responsibility to advise the Minister on draft regulatory legal documents stipulating responsibilities and violations' handling for agencies, organizations, and individuals related to transport activities according to their assigned fields and other regulatory legal documents assigned by the Minister.

Article 14. Establishment of the Drafting Board, Editorial Team, and Drafting Team

1. The advisory agency shall prepare and coordinate with the main drafting agency and the Legal Affairs Department to submit to the Minister for signing the Decision on establishing the Drafting Board and the Editorial Team for laws, ordinances, and decrees.

2. In cases where necessary, the advisory agency shall prepare and coordinate with the main drafting agency and the Legal Affairs Department to submit to the Deputy Minister responsible for signing the Decision on establishing the Drafting Team for circulars.

3. The composition, principles of operation, and responsibilities of the Drafting Board, Editorial Team, and Drafting Team shall be implemented according to the provisions of Articles 20, 21, 22, 23, 24, and Article 25 of Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures to implement the Law on Issuing Legal Normative Documents.

Article 15. Procedure for Drafting Legal Normative Documents

1. The main drafting agency shall carry out the following tasks in sequence:

a) Organize the summary of the implementation of laws; survey and assess the current status of social relations;

b) Study information and materials related to the content of the draft document; for laws, ordinances, and decrees, impact assessment must be conducted before drafting the document;

c) Organize the detailed outline drafting, except for circulars amending and supplementing and joint circulars which do not require a detailed outline;

d) Organize the drafting of the document;

đ) Assess the impact of administrative procedures regulations (if applicable);

e) Send the draft document to solicit opinions from entities directly regulated by the document, agencies, organizations, individuals within the sector, and relevant specialized associations in the field of Transport;

g) Coordinate with relevant agencies and organizations to prepare drafts of detailed regulations and guidance documents (if applicable);

h) Submit the draft document to the Ministry (if the main drafting agency is also the advisory agency, this step is not required).

2. Approval of Detailed Outline

a) In cases where the agency submitting the detailed outline is a Directorate: the advisory agency shall review, study, and submit to the Deputy Minister responsible for signing the approval document within 15 working days from the date of receipt of the detailed outline draft submission. If not approved, a written response with reasons and solutions must be provided;

b) In cases where the main drafting agency is also the advisory agency: the advisory agency shall draft the detailed outline and submit it to the Deputy Minister responsible for signing the approval document according to the time specified in the program;

c) The format of the document for submitting the draft detailed outline and the format of the approval document for the detailed outline are stipulated in Appendices X and XI issued together with this Circular.

Article 16. Documentation for the Main Drafting Agency to Submit the Draft Legal Normative Document to the Ministry

1. For draft regulatory legal documents submitted to the Government, Prime Minister, the documents submitted to the Ministry include:

a) A cover letter clearly stating the necessity of issuance, guiding viewpoints, objectives, requirements, drafting process, scope of regulation, application subjects, main contents of the document, differing opinions, and issues requiring solicitation of opinions;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) Draft detailed regulations and implementation guidelines (if applicable);

d) Draft Report on Impact Assessment of Administrative Procedures (if there are provisions on administrative procedures) according to the forms prescribed in Appendices XII and XIII issued together with this Circular;

đ) Summary of opinions from agencies, organizations, individuals, and entities directly affected by the document (including explanations on the adoption of opinions and copies of the opinions);

e) Detailed explanatory memorandum; report on impact assessment prior to drafting the document as stipulated in Article 21 of this Circular;

g) Comparison table for amended and supplemented documents;

h) Reference materials (if any).

2. For draft circulars, the documents submitted to the Ministry include:

a) A cover letter clearly stating the necessity of issuance, scope of regulation, application subjects, drafting process, main contents of the document, differing opinions, and issues requiring solicitation of opinions;

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) Draft Report on Impact Assessment of Administrative Procedures (if there are provisions on administrative procedures);

d) Summary of opinions from agencies, organizations, individuals, and entities directly affected by the document (including explanations on the adoption of opinions and copies of the opinions);

đ) Comparison table for amended and supplemented documents;

e) Reference materials (if any).

Article 17. Acceptance and Processing of Draft Documents Submitted to the Ministry by the Leading Agency

1. The Ministry's leadership assigns tasks to the advisory agency to submit draft documents for review according to Article 13 of this Circular.

2. Acceptance and Processing of Draft Documents

a) In cases where the drafting agency is the Department submitting the draft document to the Ministry, the advisory agency shall review and study the draft document. If the draft document is not approved, the advisory agency must return the document to the leading drafting agency within five working days with a detailed explanation of the reasons and specific requirements for resolution.

b) In cases where the leading drafting agency is also the advisory agency submitting the draft document for review, after completing the provisions of Article 15, the advisory agency shall study, incorporate comments, revise the draft document, and continue to follow the provisions of Clauses 3, 4, 5, and 6 of this Article.

3. For draft normative legal documents submitted to the Government, Prime Minister:

a) Within three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to solicit their opinions.

b) Compile and incorporate the opinions of the advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister responsible to request opinions from relevant Ministries, sectors, provincial People's Committees, the Ministry of Justice, the Vietnam Chamber of Commerce and Industry, and specialized associations in the transportation sector (for draft documents related to the rights and obligations of businesses and citizens).

The document soliciting opinions must include: Draft Memorandum to the Government and Prime Minister according to the model specified in Appendix XVII of this Circular; Draft regulatory legal document; Report on the impact assessment of the draft document; Report on administrative procedure impact assessment; Comparison table of the draft document for amendment and supplementation and the current document; Basis and reasons for amendment and supplementation;

c) Send to the Information Technology Center to publish the draft document on the Ministry’s website at least 60 days before signing the document; at least 30 days before signing the document for the impact assessment report prior to drafting the document.

d) Compile and incorporate the opinions received, revise the draft document; prepare an impact assessment report during the drafting process; send to the Legal Affairs Department for verification.

e) Incorporate the verification opinions of the Legal Affairs Department, compile the dossier and send it to the Ministry of Justice for verification.

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

a) Within three working days from the date of receipt of the draft, send a document to the advisory agencies under the Ministry to solicit their opinions.

b) Compile and incorporate the opinions of the advisory agencies under the Ministry, revise the draft document, and report to the Deputy Minister responsible to request opinions from relevant agencies, organizations, and individuals outside the transportation sector (if necessary), the Vietnam Chamber of Commerce and Industry, and specialized associations in the transportation sector (for draft documents related to the rights and obligations of businesses and citizens).

The document soliciting opinions must include: Draft regulatory legal document; Draft Memorandum. For amended and supplemented documents, there must be an additional comparison table of the draft document for amendment and supplementation and the basis and reasons for amendment and supplementation.

c) Send to the Information Technology Center to publish on the Ministry’s website at least 30 days before signing the document.

d) Compile and incorporate the opinions received, revise the draft document; send to the Legal Affairs Department for verification.

5) The maximum time limit for Ministries, sectors, provincial People's Committees, the Vietnam Chamber of Commerce and Industry to provide written opinions on draft laws, ordinances, decrees is twenty working days from the date of receipt of the draft. If the agencies asked do not provide opinions, it is considered that they agree with the draft document. Specifically, agencies, organizations, and individuals under the Ministry of Transport must respond in writing within seven working days from the date of receiving the request for opinions.

6. Forms of Soliciting Opinions on Draft Documents

a) By document;

b) Through the Ministry’s Website

Within one working day from the date of receipt of the draft regulatory legal document sent by the advisory agency, the Information Technology Center is responsible for publishing it on the Ministry of Transport’s website and designing links so that the advisory agency can receive and respond to comments from agencies, organizations, and individuals.

c) Other appropriate forms.

Article 18. Administrative Procedures and Administrative Procedure Control

1. Administrative procedures are the sequence, methods of implementation, files, requirements, and conditions stipulated by state agencies or authorized persons to handle specific tasks related to individuals or organizations. Administrative procedures must be prescribed in normative legal documents submitted for promulgation by the competent state agency or issued within the authority of the Minister of Transport.

2. An administrative procedure must fully satisfy the following basic components:

a) Name of the administrative procedure;

b) Implementation process;

c) Methods of implementation;

d) File;

đ) Time limit for resolution;

e) Subjects implementing the administrative procedure;

g) Administrative procedure implementing agency;

h) Result of administrative procedure implementation;

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

3. Administrative procedure control involves reviewing, evaluating, and monitoring to ensure the feasibility of administrative procedure regulations, meeting transparency and openness requirements during the organization and implementation of administrative procedures. Administrative procedure control is carried out immediately when drafting normative legal documents concerning administrative procedures and continues regularly throughout the process of organizing and implementing administrative procedures.

Section 3

IMPACT ASSESSMENT OF LEGAL NORMATIVE DOCUMENTS

Article 19. Impact Assessment Report on Legal Documents

1. The impact assessment report on legal documents includes:

a) Preliminary impact assessment report on legal documents;

b) Impact assessment report before and during the drafting of legal documents (including simple impact assessment reports and comprehensive impact assessment reports);

c) Post-enactment impact assessment report on legal documents;

d) Impact assessment report on administrative procedures (if there are provisions on administrative procedures).

2. Tasks for preparing the impact assessment report on legal documents:

a) Agencies and organizations under the Ministry that propose the establishment of laws, ordinances, decrees shall be responsible for conducting preliminary impact assessments of legal documents; drafting draft impact assessment reports on administrative procedure provisions (if there are such provisions);

b) Advising agencies shall be responsible for leading and coordinating with drafting agencies to conduct impact assessments before and during the drafting of legal documents; reporting on the impact of administrative procedure provisions (if there are such provisions);

c) Drafting agencies shall be responsible for leading and coordinating with advising agencies to conduct post-enactment impact assessments on legal documents in accordance with the law.

Article 20. Preliminary Impact Assessment Report on Normative Legal Documents

1. The preliminary impact assessment report must clearly state the issues to be resolved and the objectives of the proposed policy, various solutions to address those issues; selecting the optimal solution based on economic, social, environmental, legal system impacts, effects on citizens' fundamental rights and obligations, compliance capacity of agencies, organizations, and individuals, and other impacts.

2. The draft preliminary impact assessment report must be published on the website of the agency proposing the legal document at least 20 days prior to registration of the program to allow agencies, organizations, and individuals to provide comments.

3. The agency conducting the preliminary impact assessment is responsible for completing the report based on the received comments.

Article 21. Impact Assessment Before and During Drafting of Legal Documents

1. Based on the preliminary impact assessment results, the agency responsible for drafting laws, ordinances, decrees shall be responsible for conducting an impact assessment before drafting the document and completing a simple impact assessment report during the drafting process.

2. Simple Impact Assessment Report: It must clearly state the issue to be resolved and the policy objectives, various options to address the issue; select the optimal option to resolve the issue based on specific impact assessments of measures to implement the basic policies of the draft document, based on qualitative or quantitative analyses regarding costs, benefits, positive and negative impacts of each measure.

3. Comprehensive Impact Assessment Report: In addition to implementing the contents prescribed for the Simple Impact Assessment Report, it must conduct qualitative and quantitative analyses of the impacts. A comprehensive impact assessment report must be prepared when the results of the simple impact assessment indicate that the document may generate annual costs of 15 billion VND or more for the State, agencies, organizations, or enterprises, individuals; the document may have significant negative impacts on certain groups in society; the document may affect a large number of enterprises; the document may significantly increase consumer prices; there are many differing opinions about the document, which has garnered public attention and significantly affects common interests.

4. The preliminary impact assessment report of the document must be signed and confirmed by the Minister when submitting the proposal file for document construction. The impact assessment report during the document drafting process must be signed and confirmed by the Minister when submitting the proposal file for review to the Ministry of Justice.

5. The draft impact assessment report must be published on the electronic information website of the Ministry and the agency responsible for drafting the document for at least 30 days to allow agencies, organizations, and individuals to provide comments.

Article 22. Post-Implementation Impact Assessment of Legal Documents

1. Three years after the date a law, ordinance, or decree becomes effective, the agency responsible for drafting shall be responsible for assessing the impact of the document in practice, comparing it with the impact assessment results from the drafting stage to determine the rationality and feasibility of the provisions. On this basis, recommendations shall be made to the Ministry for measures to enhance the effectiveness of the document or improve the document.

2. The content of the post-implementation impact assessment report of the document includes: analysis of actual costs, benefits, and other impacts; compliance levels of the implementation groups with the document and recommendations for enforcement measures or amendments to abolish the document if necessary.

3. The draft post-implementation impact assessment report of the document must be published on the electronic information website of the agency responsible for drafting and the Ministry's electronic information website for at least 30 days to allow agencies, organizations, and individuals to provide comments.

The agency responsible for conducting the impact assessment shall be responsible for finalizing the report based on the feedback received, sending it to the Legal Department for consolidation, and forwarding it to the Ministry of Justice.

Article 23. Impact Assessment of Administrative Procedures

1. The agency responsible for drafting normative legal documents containing provisions on administrative procedures must organize an impact assessment of such provisions according to the following criteria:

a) The necessity of the administrative procedure;

b) The rationality of the administrative procedure;

c) The legality of the administrative procedure;

d) Compliance costs of the administrative procedure.

2. The impact assessment of administrative procedures shall be carried out using the forms prescribed in Appendices XII and XIII attached to this Circular.

3. In cases where administrative procedures are amended or supplemented, in addition to assessing the contents stipulated in Clause 1 of this Article, the drafting agency must clearly explain the simplicity as well as the advantages of the amended or supplemented administrative procedures.

Section 4

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 24. Responsibilities of Agencies and Units in Examining Normative Legal Documents

1. For normative legal documents prescribed in points b, c, and d of Clause 2, Article 3 of this Circular, which are drafted by advisory agencies and submitted to the Minister, they must be examined by the Department of Legal Affairs before being sent to the Ministry of Justice for examination or before being submitted to the Minister for consideration and issuance; if necessary, the Department of Legal Affairs shall convene meetings or establish Examination Boards comprising relevant Departments, Bureaus, and experts and scholars, and perform the following tasks:

a) Organize examinations within the deadline and ensure quality;

b) Organize seminars and consultations on the content of the documents under examination when necessary;

c) Participate with the main drafting agency in conducting practical surveys on issues related to the content of normative legal documents. Participate in activities of the Drafting Board and Editorial Group during the drafting process;

d) Request the main drafting agency to present and provide relevant information and materials;

đ) Return the examination file in cases where the file is incomplete;

2. Responsibilities of the main drafting agency and the advisory agency:

a) Submitting complete review dossiers to the Legal Department;

b) Provide relevant information and materials; present when requested;

c) Study, adopt, and revise the draft based on the examination opinions to submit;

d) Adopt and respond to examination opinions and report to the Ministry's leadership for consideration and decision.

3. For normative legal documents directly drafted or advised by the Department of Legal Affairs and submitted to the Minister, the Department of Legal Affairs shall convene meetings or establish Examination Boards if deemed necessary.

4. The Department of Legal Affairs is responsible for the content of the examination stipulated in Clause 1 of Article 26 of this Circular.

Article 25. Examination File

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

a) A letter requesting the Legal Department to review;

b) Draft Resolution or Report explaining the necessity of issuing the document, scope of regulation, applicable subjects, drafting process, main content of the document, differing opinions, reference materials;

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

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

đ) Impact assessment report on administrative procedures. The examining agency will not accept examination files if the draft normative legal document containing provisions on administrative procedures lacks an impact assessment report on administrative procedures and comments from agencies, organizations, and individuals;

e) Summary of comments from agencies, organizations, and individuals, along with explanations on adopting comments and copies of documents submitted for comment by relevant agencies, organizations, and individuals;

g) Differences between the Bureau responsible for drafting and the agency advising the draft document (if any);

h) Detailed explanation and impact assessment report during the drafting process;

i) Comparison table of the draft amendment and current document;

k) Reference materials (if any).

The number of documents submitted to the Legal Department for review of draft regulatory documents is two sets.

2. Examination file for draft documents submitted to the Ministry of Justice for examination, including:

a) Letter requesting the Ministry of Justice to examine;

b) Draft Resolution or Report to the Government or Prime Minister on issuing the document;

c) Draft document after incorporating comments;

d) Detailed explanation and impact assessment report of the draft document;

đ) Examination document of the Department of Legal Affairs;

e) Summary of comments from agencies, organizations, and individuals on the draft document; copies of comments from ministries, ministerial-level agencies, and government agencies; reports on adopting and responding to comments on the draft;

g) Comparison table of the draft amendment and current document;

h) Reference materials (if any).

The number of examination files for draft normative legal documents submitted to the Ministry of Justice is ten sets;

3. Examination file for draft circulars submitted to the Department of Legal Affairs for examination, including:

a) A letter requesting the Legal Department to review;

b) Draft Circular after being revised by the advising agency;

c) Resolution of the Bureau submitting to the Ministry;

d) Impact assessment report on administrative procedures (if any);

đ) Summary of comments from agencies, organizations, and individuals, along with explanations on adopting comments and copies of documents submitted for comment by relevant agencies, organizations, and individuals;

e) Differences in opinions between the leading agency drafting the document and the advisory agency submitting the draft document or related agencies (if any);

g) Comparison table of the draft amendment and current document;

h) Reference materials (if any).

Article 26. Content and Time Limit for Review

1. The content of the review includes:

a) The necessity of promulgating the document;

b) Scope of application and regulated entities;

c) Compliance with the Party's guidelines, policies; constitutionality, legality, consistency, and coherence of the draft regulatory document within the current legal system;

d) Compatibility with international treaties to which the Socialist Republic of Vietnam is a party;

đ) Language and drafting techniques;

e) Feasibility of the draft document, including the alignment between the provisions of the draft document and practical requirements, societal development levels, and implementation conditions;

g) Administrative procedure review (if applicable);

h) Solutions for issues with differing opinions.

2. The maximum time limit for reviewing draft regulatory documents by the Legal Affairs Department is seven working days from the date of receipt of complete files as stipulated in Article 25 of this Circular; if a Review Board must be established, the above period may be extended but shall not exceed ten working days, except for valid reasons and with the approval of the Ministry's leadership.

3. After the review, the Legal Affairs Department sends the review document according to the model prescribed in Appendix XIV of this Circular to the agency responsible for preparing the submission.

4. The agency drafting the proposal shall take the lead and coordinate with the agency primarily responsible for drafting to incorporate and explain the comments of the Department of Legal Affairs, and to perfect the draft legal document.

Chapter III

ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Article 27. Soliciting Opinions from Deputy Ministers on Draft Regulatory Legal Documents

1. For regulatory legal documents submitted to the Government, Prime Minister, the agency responsible for preparing the submission shall send the revised draft regulatory legal document, after receiving the opinion of the Ministry of Justice, to solicit opinions from Deputy Ministers according to the models prescribed in Appendices XV and XVI, along with the file as stipulated in Clause 1 of Article 28 of this Circular.

2. For circulars, the agency responsible for preparing the submission shall send the revised draft circular, after receiving the opinion of the Legal Affairs Department, to solicit opinions from the Deputy Minister in charge according to the models prescribed in Appendices XV and XVI, along with the file as stipulated in Clause 2 of Article 28 and Clause 2 of Article 29 of this Circular. If the content of the circular relates to areas under the responsibility of Deputy Ministers, their opinions must also be solicited.

3. Deputy Ministers shall return their opinions to the agency drafting the proposal within no more than three working days from the date of receipt of the Opinion Request Form, except in cases of absence due to official travel.

4. During the process of incorporating feedback, revising, and finalizing the draft regulatory legal document, the Deputy Minister in charge is responsible for organizing at least one meeting with relevant agencies, organizations, and individuals to unify the content of the draft document before submitting it to the Minister for signature and issuance.

Article 28. File for the Agency Preparing the Submission to the Minister for Draft Regulatory Legal Documents Prepared Primarily by the Bureau

1. For draft legal normative documents submitted to the Government, Prime Minister, the submission files shall include:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) Report explaining, incorporating feedback from Deputy Ministers, review opinions, and suggestions from agencies, organizations, and individuals;

c) Differences of opinion between the agency primarily responsible for drafting and the agency drafting the proposal or related agencies (if applicable);

d) Draft Memorandum to the Government, Prime Minister;

đ) Comparison table of the draft amendment and supplementary document and the current document;

e) Revised draft regulatory legal document after receiving the review document from the Ministry of Justice;

g) Detailed explanatory memorandum and impact assessment report during the drafting process; administrative procedure impact assessment report (if applicable);

h) Summary report on the enforcement of laws, evaluation of the current social relations related to the main content of the project, draft document (for laws, ordinances);

i) Review document from the Ministry of Justice;

k) Review document from the Legal Affairs Department;

l) Copies of suggestions from agencies, organizations, and individuals;

m) Request form for Deputy Ministers' opinions.

2. For Circulars, the submission file includes:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) Explanation report from the department responsible for preparing the submission;

c) Revised draft regulatory legal document after receiving the review document from the Legal Affairs Department;

d) Presentation of the Bureau to the Ministry regarding the draft regulatory legal document;

đ) Examination document of the Department of Legal Affairs;

e) Comparison table of the draft amendment and supplementary document and the current document;

g) Summary of opinions from agencies, organizations, and individuals directly affected by the document (including explanations on incorporating Deputy Ministers' opinions, review opinions, and suggestions; copies of suggestions);

h) Request form for the Deputy Minister in charge's (or other relevant Deputy Ministers') opinions.

Article 29. The dossier of the advisory agency concurrently serving as the main drafting agency for normative legal documents submitted to the Minister

1. For draft normative legal documents submitted to the Government or the Prime Minister, the submission dossier shall be implemented according to the provisions of Clause 1, Article 28 of this Circular.

2. For draft circulars, the submission dossier includes:

a) A submission form for legal documents according to the model prescribed by the Ministry's Office;

b) A report explaining the necessity of issuing the document, its scope of regulation, applicable subjects, drafting process, main contents of the document, issues with differing opinions, reference materials;

c) A comparison table between the draft document for amendment and supplementation and the current document;

d) The draft normative legal document revised after receiving the review document from the Legal Department;

đ) Examination document of the Department of Legal Affairs;

e) A summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation on the adoption of Deputy Ministers' opinions, review opinions, and other suggestions; copies of suggestion letters);

g) A request for opinion from the Deputy Minister in charge.

Article 30. Submitting draft normative legal documents to the Minister

1. At the latest before the 20th day of the month, the advisory agency must submit the draft document dossier to the Legal Department for final review prior to the Minister's signature for issuance or submission to the Government or the Prime Minister, in accordance with the Decision promulgating the Ministry’s legislative program.

2. In case there are no differing opinions, within three working days from the date of receipt of the submission dossier from the advisory agency, the Legal Department will issue a letter reporting the results of the review and submitting it to the Minister for signature for issuance.

In case of disagreement, within three working days from the date of receipt of the submission dossier from the advisory agency, the Legal Department will provide written comments detailing the points of disagreement and send them directly to the advisory agency. Within three working days from the date of receipt of the Legal Department's comments, the advisory agency must study, adopt, and revise the draft document and resubmit it to the Legal Department. If the advisory agency does not adopt the comments, it must reply in writing to the Legal Department, stating the reasons for non-adoption.

3. The Legal Department will compile differing opinions, report in writing, and submit them along with the submission dossier to the Deputy Minister in charge and the Minister for consideration and decision.

Article 31. Handling documents after submission

1. For documents submitted to the Government or the Prime Minister, the main advisory agency must coordinate with the Legal Department and the main drafting agency to provide additional explanations or perform related tasks concerning the submitted draft document until the document is signed for issuance.

2. For circulars, the main drafting agency and the advisory agency must coordinate with the Legal Department to monitor, provide additional explanations, or perform related tasks concerning the submitted draft document until the document is signed for issuance.

Article 32. Submitting to the Government or the Prime Minister for signing and issuing the document according to authority and distribution

1. The Minister or the Deputy Minister in charge signs for the issuance of normative legal documents and signs the Memorandum to the Government or the Prime Minister regarding the draft normative legal document according to the provisions of Article 35 of this Circular.

2. At the latest two working days from the date of the Minister's signature for issuance of the normative legal document or signing the Memorandum to the Government or the Prime Minister, the Ministry Office is responsible for printing, numbering, stamping, retaining one original copy, sending one original copy to the Government or the Prime Minister (in cases where the Ministry submits to the Government or the Prime Minister), sending the document to agencies, organizations, and individuals listed in "Distribution", returning the submission dossier to the advisory agency that submitted the draft document. For circulars, the distribution list must include the Legal Documents Inspection Bureau (Ministry of Justice), the Official Gazette, the Government Portal, the Ministry of Transport’s website, the Transport Newspaper, and the Transport Magazine.

3. At the latest two working days from the date of the Minister's signature for issuance of the circular, the advisory agency must provide the content of the document to the Ministry Office and the Legal Department through the Ministry's email system.

a) The Ministry Office sends the document via official correspondence and email to the Government Office for publication in the Official Gazette and the Government Portal.

b) The Legal Department publishes the document on the Ministry’s website immediately upon receipt of the document via email.

4. At the latest three working days from the date of the Minister's signature for issuance, the circular must be sent to the National Assembly's Ethnic Council, relevant Committees of the National Assembly, the Legal Documents Inspection Bureau (Ministry of Justice), and the Legal Department; for joint documents involving the Ministry of Justice, in addition to the aforementioned agencies, they must also be sent to the Legal Affairs Division (Government Office) to implement legal document inspection procedures.

Article 33. Procedure for issuing regulatory legal documents drafted by agencies under the Government and submitted to the Minister of Transport for issuance when assigned by the Prime Minister.

1. The dossier for drafting regulatory legal documents submitted by agencies under the Government to the Minister of Transport includes:

a) A letter requesting the Ministry of Transport to issue the regulatory legal document, specifying the necessity for issuance, scope of regulation, applicable subjects, drafting process, main contents, differing opinions, and issues requiring consultation.

b) The revised draft regulatory legal document after incorporating opinions from relevant agencies, organizations, and individuals in the industry;

c) The legal review document of the legal institution of the agency under the Government;

d) A summary of opinions from agencies, organizations, individuals, and directly affected entities (accompanied by an explanation of the adoption of comments and copies of the comments).

2. Upon receipt of the dossier drafted by the agency under the Government, the Minister assigns the advisory agency to draft and submit the document according to Article 13 of this Circular.

3. Within sixty working days from the date of receiving the dossier drafted by the agency under the Government, the advisory agency is responsible for researching, soliciting opinions from relevant agencies, sending the draft document to the Legal Department for review and consolidation of opinions, revising the draft document, and submitting it to the Minister for signature and issuance. If conditions for issuance are not met, the advisory agency shall submit a reply document to the agency under the Government on behalf of the Minister.

Article 34. Drafting Circulars through Simplified Procedures

1. Circulars are issued through simplified procedures in the following cases:

a) Immediate amendment to align with newly issued regulatory legal documents;

b) To promptly meet requirements for ensuring traffic safety;

c) Other urgent situations.

2. The drafting and issuance of Circulars through simplified procedures are decided by the Minister and carried out as follows:

a) Detailed drafting and approval of outlines are not required;

b) The time for drafting the document by the leading agency does not exceed twenty days, during which the leading agency may not seek opinions from related organizations and individuals;

c) The advisory agency receives and processes the draft document submitted by the leading agency to the Minister within thirty days. The advisory agency simultaneously seeks written opinions from internal advisory agencies and related organizations and individuals.

d) The Legal Department's review period for the document does not exceed three days.

đ) The Deputy Minister's opinion period before submission to the Minister does not exceed three days.

Article 35. Authority to Sign Issuance or Submit Draft Regulatory Legal Documents

1. The Minister signs the issuance of regulatory legal documents specified in points c and d, Clause 2, Article 3 of this Circular; submits a proposal to the Government and the Prime Minister for draft regulatory legal documents specified in points a and b, Clause 2, Article 3 of this Circular.

2. In case the Minister is absent, the Minister delegates authority to the Deputy Minister in charge of the relevant field to sign the documents specified in Article 1 of this provision.

Article 36. Translation of Legal Normative Documents

1. The translation of legal normative documents shall only be carried out for documents that do not contain state secrets.

2. Immediately after the promulgation or signing of issuance of a legal normative document, the agency responsible for drafting the document must take the lead, coordinate with the drafting agency and the International Cooperation Department, the Legal Department to advise the Ministry's leadership to translate the document into English or another foreign language for the following documents:

a) Laws, Resolutions of the National Assembly, Ordinances, Resolutions of the Standing Committee of the National Assembly;

b) Decrees of the Government, Decisions of the Prime Minister, Circulars of the Minister related to goods trade, services, and intellectual property.

3. For legal normative documents not covered under Clause 2 of this Article, if deemed necessary, the agency responsible for drafting the document must advise the Ministry's leadership to translate the document into English or another foreign language.

4. After completing the translation of legal normative documents into English or another foreign language, the International Cooperation Department must take the lead, coordinate with the Vietnam News Agency and the agency responsible for drafting the document to finalize the translation.

5. The Legal Department must take the lead, coordinate with the International Cooperation Department and the Information Technology Center to post the translation on the Government’s and the Ministry of Transport’s official websites within the latest period of 90 days from the date the legal normative document is published in the Official Gazette.

Chapter IV

CONSOLIDATION OF LEGAL NORMATIVE DOCUMENTS

Article 37. Consolidation of Legal Normative Documents

1. Within the latest period of two working days from the date the amendment or supplementation document is signed and issued, the main drafting agency is responsible for sending the consolidated document dossier through official correspondence and email to the Legal Department for verification and submission to the Minister for signature confirmation. If the draft consolidated document does not comply with the technical requirements stipulated in the Consolidation Law, the Legal Department will immediately return it to the main drafting agency to follow the correct regulations. The main drafting agency is responsible for completing the dossier and resubmitting it to the Legal Department within the latest period of two working days from the date of receipt of the Legal Department's document.

2. Within the latest period of two working days from the date of receiving the technically correct consolidated document dossier from the main drafting agency and the latest period of five working days from the date the Minister signs and issues the document, the Legal Department is responsible for verifying and submitting the consolidated document to the Minister for signature confirmation.

Article 38. Posting Consolidated Documents on the Official Gazette and Official Website

1. The posting of consolidated documents on the official websites of government agencies is carried out as follows:

a) The Legal Department is responsible for sending the consolidated document to the Information Technology Center to upload onto the Ministry’s official website immediately after the consolidated document is confirmed by signature;

b) The Ministry Office is responsible for sending the consolidated document to the Government Office within the latest period of two working days from the date of signature confirmation, to be uploaded onto the Government Portal in cases where the amendment or supplementation document is issued by the Government or the Prime Minister.

2. The Ministry Office shall be responsible for sending the consolidated document to the Official Gazette Office for publication on the Official Gazette within two working days from the date the Minister signs to confirm the consolidated document.

Chapter V

PRESS RELEASE ON LEGAL NORMATIVE DOCUMENTS, ANNOUNCEMENT, ACCEPTANCE, HANDLING OF COMPLAINTS AND SUGGESTIONS

PRESS RELEASE ON LEGAL NORMATIVE DOCUMENTS

ADMINISTRATIVE PROCEDURES

Section 1

PRESS RELEASE ON LEGAL NORMATIVE DOCUMENTS

Article 39. Provision of Information for Press Release on Construction

1. The agency responsible for advising has the responsibility to provide information to the Legal Department regarding government regulations issued by the Government and the Prime Minister under its chairmanship for the purpose of constructing the press release, except in cases where the content of the regulation involves state secrets.

2. The information must clearly specify: the name of the document, date of issuance; issuing authority; effective date; necessity and purpose of issuance and main content of the regulatory document.

3. Within three working days from the date of issuance of the government regulation by the Government and the Prime Minister, the agency responsible for advising must send the information specified in Clause 2 of this Article to the Legal Department via formal letter and email.

Article 40. Construction of Press Release

Based on the information provided by the agency responsible for advising about the regulatory document, within two working days from the date of receipt of the information-providing document, the Legal Department is responsible for compiling and editing the content, constructing the press release according to the model prescribed in Appendix XVIII of this Circular, sending it to the Ministry of Justice for publication on the Ministry of Justice's electronic portal, and sending it to the Vietnam Law Newspaper's online edition.

Section 2

ANNOUNCEMENT, PUBLIC DISCLOSURE, RECEIPT AND HANDLING OF COMPLAINTS AND PETITIONS,

ADMINISTRATIVE PROCEDURES

Article 41. Authority and Scope of Public Disclosure of Administrative Procedures

1. All administrative procedures after issuance, amendment, supplementation, replacement, revocation, or abolition must be publicly disclosed.

2. Disclosed administrative procedures include: newly issued administrative procedures; amended, supplemented, or replaced administrative procedures; and abolished or revoked administrative procedures.

3. The Minister of Transport must disclose administrative procedures stipulated in regulatory documents within their jurisdiction at least twenty working days before the effective date of the regulatory document containing provisions on administrative procedures.

Article 42. Disclosure of Newly Issued Administrative Procedures

1. At least thirty-five working days before the effective date of the regulatory document containing provisions on administrative procedures, the agency responsible for advising on the regulatory document must review and construct the content of the administrative procedure and provide the content of the document via email to the Legal Department for submission to the Minister to issue a Decision on disclosure of the administrative procedure as prescribed.

2. At least twenty working days before the effective date of the regulatory document containing provisions on administrative procedures, the Legal Department must submit to the Minister to issue a Decision on disclosure of the administrative procedure stipulated in the relevant regulatory document.

Article 43. Display and Public Disclosure of Administrative Procedures

1. Based on the Minister’s Decision on disclosure of administrative procedures, the agencies and units directly receiving applications for administrative procedures must promptly implement public display, ensuring all components are complete as prescribed in Clause 2 of Article 8 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control; they shall not publicly display administrative procedures that have expired; if there are requirements for application forms and declaration forms, these forms must be attached immediately after the administrative procedure.

2. The method of public display of administrative procedures is implemented uniformly as follows:

a) Administrative procedures can be publicly displayed on boards, which may be wall-mounted boards, rotating boards, or mobile boards depending on the specific conditions of the agency implementing the public display;

b) The board for public display must have appropriate dimensions to ensure full display of administrative procedures and the content and address for receiving complaints and petitions.

3. Information on administrative procedures that have been disclosed must be fully, regularly, clearly, correctly located, easily accessible, and easy to exploit. In addition to mandatory public disclosure on the National Database on Administrative Procedures and public display at the offices of agencies and units directly handling administrative procedures for individuals and organizations, public disclosure of administrative procedures may be carried out in one of the following forms:

a) Posting on the website of the Ministry or agency implementing the administrative procedure;

b) Announcing through mass media;

c) Other forms.

Article 44. Receiving and Processing Complaints and Suggestions Regarding Administrative Procedures

1. Complaints and suggestions sent directly to the Ministry of Transport (through the Legal Department) shall be received.

a) For complaints and suggestions sent directly or through postal services, the Ministry's Office shall receive them according to current regulations on receiving incoming documents and transfer them to the Legal Department for classification of complaints and suggestions;

b) For complaints and suggestions sent through the Ministry of Transport’s electronic information website or via email, the Legal Department shall receive them, record them in the tracking logbook, and classify the complaints and suggestions;

c) For complaints and suggestions made over the phone, the Legal Department staff member receiving the call shall be responsible for recording all relevant information about the complaint or suggestion in the tracking logbook and classifying it.

2. The Legal Department shall be responsible for entering complaints and suggestions into the tracking logbook, examining and classifying complaints and suggestions, and implementing the following provisions:

a) For complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport, the Legal Department shall draft a document to present to the Ministry Leader in charge to assign tasks to agencies or units under the Ministry with relevant functions and responsibilities to study and handle according to regulations;

b) For complaints and suggestions related to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by state administrative agencies, or by officials and civil servants of agencies and units under the Ministry, the Legal Department shall draft a document to present to the Ministry Leader to transfer it to the relevant agency or unit for handling;

c) For complaints and suggestions not within the scope of management of the Ministry of Transport, within two working days from the date of receipt of the complaint or suggestion, the Legal Department shall draft a document to present to the Ministry Leader to transfer the complaint or suggestion to the competent state agency for handling according to the law; at the same time, send the document to the individual or organization that made the complaint or suggestion.

3. Complaints and suggestions sent to agencies and units under the Ministry of Transport (not through the Legal Department)

The head of the agency or unit receiving the complaint or suggestion shall be responsible for examining, handling, presenting to the Ministry Leader for decision or presenting to the Ministry Leader to assign tasks to the relevant agency or unit to handle according to regulations. The document presented to the Ministry Leader and the handling results shall be simultaneously sent to the Legal Department for consolidation and reporting to the Ministry of Justice as prescribed.

Chapter VI

MONITORING LEGAL IMPLEMENTATION, SYSTEMATIZING,

CONSOLIDATING LEGAL REGULATORY DOCUMENTS

Article 45. Content of Monitoring Legal Implementation

Monitoring the situation of legal implementation based on reviewing and evaluating the following contents:

1. The situation of issuing detailed regulations to implement legal regulatory documents such as: timeliness and completeness of issuing detailed regulations; consistency and synchronization of the documents; feasibility of the documents.

2. Ensuring conditions for legal implementation: Timeliness, completeness, appropriateness, and effectiveness of legal training and dissemination activities; appropriateness of organizational structure; level of human resource availability for legal implementation; level of financial and material support availability for legal implementation.

3. Compliance with the law: timeliness and completeness in implementing the law by state agencies and authorized persons; accuracy and consistency in guiding the application of the law and applying the law by state agencies and authorized persons; degree of compliance with the law by agencies, organizations, and individuals.

Article 46. Responsibility for monitoring the implementation of laws

1. The agency drafting normative legal documents shall be responsible for organizing the implementation and monitoring the situation of implementing such normative legal documents immediately after the documents are signed and promulgated by the competent authority.

2. In cases where the drafting agency is a Directorate: The Directorate shall be responsible for taking the lead and coordinating with the advisory agency, relevant agencies, and organizations to develop and submit to the Ministry's leadership for signing and promulgating the Implementation Plan and Monitoring Plan for the normative legal documents.

3. In cases where the drafting agency is a Department: The Department shall be responsible for taking the lead and coordinating with the Directorate, relevant agencies, and organizations to develop and submit to the Ministry's leadership for signing and promulgating the Implementation Plan and Monitoring Plan for the normative legal documents.

4. The Implementation Plan and Monitoring Plan for normative legal documents shall follow the model prescribed in Appendix XIX of this Circular and shall be sent to relevant agencies and organizations, while also being sent to the Legal Department and the Ministry’s Office for monitoring and urging.

Article 47. Implementation Plan and Monitoring Plan for Normative Legal Documents

The Implementation Plan and Monitoring Plan for normative legal documents include the following contents:

1. Drafting and promulgating normative legal documents to guide the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister (if the normative legal document is a law, resolution of the National Assembly, ordinance, resolution of the Standing Committee of the National Assembly, decree of the Government, decision of the Prime Minister).

2. Training, professional development, propaganda, and dissemination of normative legal documents to relevant entities.

3. Inspecting the situation of implementing normative legal documents.

4. Monitoring the situation of implementing normative legal documents.

Article 48. Reviewing and Systematizing Normative Legal Documents

1. Agencies and units shall be responsible for conducting regular reviews whenever there is a basis for review to identify provisions that violate the law, contradictions, overlaps, expiration of validity, or no longer being suitable for economic and social development, in order to promptly suspend implementation, abolish, replace, amend, supplement, or promulgate new documents; ensuring the constitutionality, legality, consistency, and synchronization of the legal system and its suitability for economic and social development.

At the same time, periodically carry out systematization of documents to publish the Set of Systematized Valid Documents and lists of documents, facilitating the work of drafting, applying, and implementing laws effectively and conveniently.

2. The reviewing and systematizing process shall be carried out in accordance with the law on reviewing and systematizing.

3. The Legal Department shall be responsible for urging, guiding, and compiling the results of the review and systematization to be submitted to the Minister for signing and announcing the results of the review and systematization according to regulations.

Chapter VII

REPORTING SYSTEM

Article 49. Report on Drafting, Issuing, and Consolidating Normative Legal Documents

1. On the 23rd day of each month, the agency assigned to take the lead in drafting and the advisory agency shall report to the Ministry (through the Legal Department) on the situation of drafting normative legal documents, progress in implementing the Program, and any difficulties encountered; regularly updating the TransLegal software on the situation of drafting normative legal documents.

2. Monthly, quarterly, and every six months, the Legal Department shall compile and report to the Minister and Deputy Ministers on the results of drafting and issuing normative legal documents, the situation, progress, and issues arising during the implementation of the Program, the implementation and monitoring of normative legal documents, consolidation of normative legal documents, including those draft documents submitted by the Ministry of Transport to the competent authority for promulgation that remain pending from previous periods and tasks for the next month or quarter. The report must clearly state any difficulties and solutions to overcome them.

3. Quarterly and every six months, at the end of the year, the Legal Department shall compile and submit to the Ministry's leadership for signing a report on the situation, progress in drafting, and difficulties encountered during the drafting of draft laws, ordinances, and decrees led by the Ministry of Transport to be sent to the Ministry of Justice and the Government Office (for legislative projects, ordinances, draft decrees, and decisions of the Prime Minister).

4. Annually, the Legal Department shall compile and submit to the Ministry's leadership for signing a draft report on the drafting and issuance of normative legal documents by the Ministry to be sent to the Ministry of Justice, and simultaneously send it to the Ministry’s Office to be compiled into a draft report on the implementation of the Government's Work Program to be signed by the Minister and sent to the Government Office.

Article 50. Report on Administrative Procedure Handling Work

1. Every six months and at the end of the year, the agency primarily responsible for drafting normative legal documents shall report to the Legal Affairs Department on the situation and results of its administrative procedure supervision activities, or report as required on an urgent basis.

2. The Legal Affairs Department shall be responsible for compiling, advising, and submitting reports to the leadership of the Ministry regarding the situation and results of the Ministry's administrative procedure supervision activities according to a regular schedule or as required urgently by the Ministry of Justice.

Article 51. Report on Law Enforcement Monitoring

Based on the implementation plan and monitoring of the enforcement of normative legal documents and the actual implementation situation, the agency drafting the documents shall implement the reporting system to the Ministry of Transport as follows:

1. Quarterly, every six months, and annually, reports on law enforcement monitoring.

2. For laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister, the contents of the report include:

a) The number, form, and name of normative legal documents needed to guide laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister;

b) The number, form, and name of normative legal documents guiding laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister that have been drafted and promulgated in accordance with the schedule;

c) The number, form, and name of normative legal documents guiding laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister that have not been drafted, promulgated, or promulgated late; reasons for the documents not being drafted, promulgated, or promulgated late;

d) The situation of organizing the implementation of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister under the responsibility of the Ministry of Transport: organizing tasks, propaganda, dissemination, inspection, urging the implementation, and other related work;

e) Proposals and recommendations; advantages and difficulties; inconsistencies in legal provisions concerning content and procedures; awareness and compliance with the law of the enforcement subjects; organization of law enforcement work.

3. For circulars, the contents of the report include:

a) The situation of organizing the implementation of propaganda, dissemination, inspection, urging the implementation, and other related work;

b) Proposals and recommendations; advantages and difficulties; inconsistencies in legal provisions concerning content and procedures; awareness and compliance with the law of the enforcement subjects; organization of law enforcement work.

4. Before the 23rd day of the last month of each quarter, the agency drafting the documents shall be responsible for reporting to the Ministry (through the Legal Affairs Department) on the implementation and monitoring of the enforcement of normative legal documents according to the contents stipulated in Clauses 1, 2, and 3 of this Article. The format of the report is specified in Appendix XX of this Circular.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 52. Effective date

1. This Circular takes effect from March 1, 2014.

2. Repeal Circular No. 32/2010/TT-BGTVT dated October 11, 2010, and Circular No. 21/2012/TT-BGTVT dated June 26, 2012, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 32/2010/TT-BGTVT on drafting, reviewing, promulgating, reviewing, and systematizing normative legal documents on transport.

Article 53. Implementation Organization

1. The Director of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, General Directors, Directors, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Head of the Department of Legal Affairs shall be responsible for urging and inspecting the implementation of this Circular./.