Decree No. 59/2024/NĐ-CP amends and supplements some articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing certain provisions and measures for implementing the Law on Enacting Legal Documents, which has been amended and supplemented by some articles according to Decree No. 154/2020/NĐ-CP dated December 31, 2020, of the Government.

DECREE
Amending and supplementing some articles of Decree No. 34/2016/NĐ-CPdated May 14, 2016 of the Government detailing some provisions and measures to implement the Law on Legislative Regulatory Documents which has been amended and supplemented some articles pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government

The Government promulgates this Decree amending and supplementing some articles of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some provisions and measures to implement the Law on Legislative Regulatory Documents

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015; Law Amending and Supplementing Certain Articles of the Law on Legislative Regulatory Documents dated June 18, 2020;

At the proposal of the Minister of Justice;

Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government. has been amended and supplemented with some articles pursuant to Decree No. 34/2016/NĐ-CP

Circular No. 03/2023/TT-BCA and measures to implement the Law on Legislative Regulatory Documents dated May 14, 2016 of the Government detailing some provisions and measures to implement the Law on Legislative Regulatory Documents which has been amended and supplemented some articles pursuant to Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government Decree No. 154/2020/NĐ-CP dated December has been amended and supplemented with some articles pursuant to 31 December 2020 of the Government

1. Amend and supplement Clause 1 and Clause 2 of Article 2 of Decree No. 34/2016/NĐ-CP as follows:

"1. Policy is the orientation and solution of the State to institutionalize the Party's guidelines and policies, solve practical issues to achieve certain goals.

2. Impact assessment of policy is the analysis and forecasting of the impact of the policy to select the optimal solution for implementing the policy."

2. Amend the name of Section 1 Chapter II of Decree No. 34/2016/NĐ-CP as follows:

“Section 1

IMPACT ASSESSMENT OF POLICY”

3. Amend and supplement Article 6 of Decree No. 34/2016/NĐ-CP which has been amended and supplemented at Clause 3 Article 1 of Decree No. 154/2020/NĐ-CP as follows:

“Article 6. Impact assessment of policy

Impact assessment of policy shall be carried out according to the following contents:

1. Impact on the legal system shall be assessed based on analyzing the constitutionality, legality, consistency of the policy with the legal system; compatibility with international treaties to which the Socialist Republic of Vietnam is a party.

2. Economic and social impact shall be assessed based on analyzing costs, benefits, positive and negative impacts on one or more aspects related to production and business; employment, ethnic groups, religion, culture, health, education, environment; national defense and security; other issues related to economic and social matters.

3. Gender impact (if applicable) shall be assessed based on analyzing opportunities, conditions, capabilities to realize and enjoy rights and interests of each gender.

4. Administrative procedure impact (if applicable) shall be assessed based on analyzing the necessity, rationality, and compliance costs of administrative procedures to implement the policy..”.

4. Amend and supplement Article 7 of Decree No. 34/2016/NĐ-CP as follows:

“Article 7. XPreparing the report on impact assessment of policy

1. The report on impact assessment of policy shall be prepared according to Model No. 01 Appendix V attached hereto.

2. The impact of the policy shall be assessed using quantitative methods, qualitative methods. Priority should be given to quantitative methods. In cases where quantitative methods cannot be applied, the reasons must be clearly stated in the report on impact assessment of policy.

5. Amend and supplement Article 10 of Decree No. 34/2016/NĐ-CP which has been amended and supplemented at Point b Clause 1 Article 2 of Decree No. 154/2020/NĐ-CP as follows:

“Article 10. Responsibility for Soliciting Opinions on Drafting Regulatory Legal Documents

1. The agency drafting the proposal for a central regulatory legal document shall solicit opinions from entities directly affected by the policy proposed in the draft regulatory legal document, relevant ministries, ministerial-level agencies, government agencies, the Central Committee of the Vietnam Fatherland Front, and related agencies and organizations; and solicit opinions from the Vietnam Chamber of Commerce and Industry regarding proposals for regulatory legal documents related to the rights and obligations of enterprises.

2. The agency drafting the proposal for a provincial People's Council resolution shall solicit opinions from entities directly affected by the policy proposed in the draft resolution, specialized agencies under the provincial People's Committee, the provincial Vietnam Fatherland Front Committee, and related agencies and organizations.”

6. Amend and supplement Point c Clause 1 and Point c Clause 2 Article 13 of Decree No. 34/2016/NĐ-CP as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) Establish an advisory review board for drafting regulatory legal documents with the participation of representatives from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Government Office, and related agencies and organizations, as well as experts and scientists.

Members of the advisory review board are responsible for studying the dossier of the draft regulatory legal document and expressing their review opinions according to the requirements set out in Clause 3 Article 39 and Clause 3 Article 88 of the Law. The advisory review board ceases operations and dissolves itself after the conclusion of the review meeting;”

b) Amend and supplement Point c Clause 2 as follows:

“c) Establish an advisory review board for drafting provincial People's Council resolutions stipulated in Clause 4 Article 27 of the Law with the participation of representatives from the Department of Finance, the Department of Home Affairs, and related agencies and organizations, as well as experts and scientists.

Members of the advisory review board are responsible for studying the dossier of the draft regulatory legal document and expressing their review opinions according to the requirements set out in Clause 3 Article 115 of the Law. The advisory review board ceases operations and dissolves itself after the conclusion of the review meeting;”

7. Amend and supplement Point a Clause 2 Article 17 of Decree No. 34/2016/NĐ-CP as follows:

“a) The Government Office is responsible for receiving and checking the dossier of the draft law, resolution of the National Assembly; ordinance, resolution of the Standing Committee of the National Assembly; decree of the Government. In case the dossier of the draft regulatory legal document is incomplete, within the latest three working days from the date of receipt of the dossier, the Government Office shall issue a document requesting the leading agency to supplement and complete the dossier;”

8. Amend and supplement Clause 3 Article 25 of Decree No. 34/2016/NĐ-CP as follows:

“3. The leading agency drafting regulatory legal documents of central agencies shall solicit opinions from the Central Committee of the Vietnam Fatherland Front and related agencies and organizations; and solicit opinions from the Vietnam Chamber of Commerce and Industry regarding projects and drafts related to the rights and obligations of enterprises.

The leading agency drafting provincial People's Council resolutions and decisions of provincial People's Committees shall solicit opinions from specialized agencies under provincial People's Committees, provincial Vietnam Fatherland Front Committees, and related agencies and organizations.”

9. Amend and supplement Clause 1 and Point d Clause 4 Article 26 of Decree No. 34/2016/NĐ-CP as follows:

a) Amend and supplement Clause 1 as follows:

“1. The Minister, Head of a ministerial-level agency shall establish a drafting team in cases where the ministry or ministerial-level agency is assigned to lead the drafting process pursuant to Clause 2 Article 52 and Point b Clause 2 Article 90 of the Law.

Agencies and organizations shall appoint suitable representatives to participate in the drafting team and provide conditions for members to fully participate in the activities of the drafting team.”

b) Amend and supplement Point d Clause 4 as follows:

“d) Meeting materials of the drafting team must be prepared by the leading agency and sent to the members of the drafting team at least three working days before the meeting is organized.”

10. Amend and supplement Clause 2 Article 27 of Decree No. 34/2016/NĐ-CP as follows:

“2. In cases where a drafting team is not established, the leading agency may establish an editorial group with the participation of experts and scientists, and no more than half of the members can be representatives of the leading agency. The editorial group is responsible for organizing the drafting process and is accountable for the quality and progress of drafting the project and draft regulatory legal document to the leading agency.”

11. Amend and supplement Point a Clause 3 Article 28 of Decree No. 34/2016/NĐ-CP which has been amended and supplemented at Clause 5 Article 1 of Decree No. 154/2020/NĐ-CP as follows:

“a) Lead and coordinate with related agencies and organizations to establish and propose to the provincial People's Committee for consideration and submission to the Standing Committee of the provincial People's Council for approval the list of resolutions of the provincial People's Council detailing laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President;”

12. Supplement Clause 5 into Article 29a of Decree No. 34/2016/NĐ-CP which has been added at Clause 7 Article 1 of Decree No. 154/2020/NĐ-CP as follows:

“5. The specialized agency of the provincial People's Committee is responsible for leading and coordinating with the Department of Justice to review and determine the contents assigned to detail decrees of the Government, decisions of the Prime Minister, circulars of ministers and heads of ministerial-level agencies to promptly propose the issuance of detailed regulations.”

13. Supplement Clause 3a after Clause 3 and amend and supplement Clause 4 Article 37 of Decree No. 34/2016/NĐ-CP as follows:

a) Supplementing Clause 3a following Clause 3 as follows:

“3a. Proposals for drafting and promulgating regulatory legal documents according to the simplified procedures stipulated in Clauses 1, 2, and 3 of this Article can be implemented before or during the drafting of regulatory legal documents.”

b) Amend and supplement Clause 4 as follows:

“4. The document proposing the drafting and promulgation of regulatory legal documents according to the simplified procedures stipulated in Clauses 1, 2, and 3 of this Article must include the following main contents:

a) The necessity of promulgating the document;

b) The name of the document;

c) The subjects and scope regulated by the document;

d) The main content of the document;

d) Basis for applying simplified procedures, specifying in detail the cases applicable to the simplified procedures prescribed in Article 146 of the Law; reasons for requesting the application of simplified procedures. For the case prescribed in Clause 1 of Article 146 of the Law, it must clearly state the issues arising in practice and the consequences that may occur if legal normative documents are not timely issued to resolve such issues;

e) Anticipated main drafting agency and time for submission or issuance of the document.”

14. Amend and supplement Clause 4 of Article 38 of Decree No. 34/2016/ND-CP as follows:

“4. The agency that has issued the detailed regulations which have become invalid shall be responsible for publishing the list of detailed regulations that have become invalid according to the provisions of Clause 4 of Article 154 of the Law before these regulations become invalid. In the case of resolutions of People's Councils, the Standing Body of the People's Council at the same level shall implement the publication of the list of resolutions that have become invalid established by the People's Committee at the same level, and report to the People's Council at the nearest session.”

15. Amend and supplement Clause 3 of Article 40 of Decree No. 34/2016/ND-CP as follows:

“3. Organize advisory review meetings or establish an Advisory Review Board.”

16. Amend and supplement Clause 1 of Article 42 of Decree No. 34/2016/ND-CP as follows:

“1. The Ministry of Justice shall be responsible for receiving and examining the project and draft legal normative documents submitted for review according to the provisions of Clause 2 of Article 58, Clause 2 of Article 92, Clause 2 of Article 98, and Clause 4 of Article 109 of the Law.

Documents in the project and draft documents accompanying the request for the Ministry of Justice to review include: Memorandum; draft document stamped with a cross-stamp; other documents stamped with a hanging stamp of ministries, agencies equivalent to ministries.

If the project and draft documents submitted for review do not meet the requirements stipulated in this clause, the Ministry of Justice shall propose the main drafting agency to supplement the documents within no more than two working days from the date of receipt of the documents.”

17. Amend and supplement Clause 2 of Article 43 of Decree No. 34/2016/ND-CP as follows:

“2. The Advisory Review Board consists of the Chairman, Secretary, and members who are representatives of the Ministry of Justice, the Government Office, and other relevant agencies and organizations, and experts and scientists.

The total number of members of the Advisory Review Board shall be decided by the Minister of Justice. In the case of reviewing projects and drafts prepared by the Ministry of Justice, the representative of the Ministry of Justice shall not exceed one-third of the total number of members.

Members of the Advisory Review Board shall be responsible for studying the project and draft legal normative documents and expressing their opinions on the review according to the contents required in Clause 3 of Article 58, Clause 3 of Article 92, Clause 3 of Article 98, and Clause 4 of Article 109 of the Law.”

18. Amend and supplement Clause 2 of Article 44 of Decree No. 34/2016/ND-CP as follows:

“2. The Ministry of Justice shall send meeting materials of the Advisory Review Board to its members no later than three working days before organizing the meeting.”

19. Amend and supplement Clause 3 of Article 48 of Decree No. 34/2016/ND-CP as follows:

“3. The main reviewing agency shall send meeting materials of the Advisory Review Board to its members no later than three working days before organizing the meeting.

Members of the Advisory Review Board shall be responsible for studying the draft legal normative documents and expressing their opinions on the review according to the contents required in Clause 3 of Article 102 of the Law.”

20. Amend and supplement Clause 3 and add Clause 7 to Article 49 of Decree No. 34/2016/ND-CP as follows:

a) To amend and supplement Clause 3 as follows:

“3. Organize advisory review meetings, establish and organize meetings of the Advisory Review Board or the Review Board.”

b) Add Clause 7 as follows:

“7. The Department of Justice shall be responsible for receiving and examining draft legal normative documents submitted for review. If the draft documents submitted for review do not meet the requirements stipulated in Clause 2 of Article 121 and Clause 2 of Article 130 of the Law, the Department of Justice shall propose the main drafting agency to supplement the documents within no more than two working days from the date of receipt of the documents.”

21. Amend and supplement Article 50 of Decree No. 34/2016/ND-CP, which has been amended and supplemented at Clause 12 of Article 1 of Decree No. 154/2020/ND-CP, as follows:

“Article 50. Establishment and Operation of the Advisory Review Council, the Review Council

1. The Director of the Department of Justice shall be responsible for:

a) Establishing the Advisory Review Council for draft resolutions related to multiple fields or drafted by the Department of Justice in accordance with Clause 1 of Article 121 of the Law.

b) Establishing the Review Council for draft decisions related to multiple fields or drafted by the Department of Justice in accordance with Clause 1 of Article 130 of the Law. In cases where the Review Council is not established, the Department of Justice may organize an advisory review meeting with the participation of representatives from the drafting agency and other relevant agencies and organizations.

2. The Council shall consist of the Chairman being the leadership of the Department of Justice, the Secretary being a representative of the Department of Justice, and members being representatives of specialized agencies under the provincial People's Committee, other relevant agencies and organizations, experts, and scientists. The total number of members of the Council shall be decided by the Director of the Department of Justice. For cases involving the review of drafts prepared by the Department of Justice, the representation of the Department of Justice shall not exceed one-third of the total number of Council members.

3. Members of the Council shall be responsible for studying the draft normative legal document files and expressing their review opinions according to the contents required in Clause 3 of Article 121 and Clause 3 of Article 130 of the Law. The Council shall cease operations and dissolve itself after concluding the review meeting.

22. Amend and supplement Article 51 of Decree No. 34/2016/NĐ-CP as follows:

“Article 51. Meeting of the Advisory Review Council, Review Council

1. The meeting of the Advisory Review Council, Review Council shall be held when at least two-thirds of the total number of members are present. In case a member cannot attend the Council meeting, they must submit their opinion to the Chairman of the Council in writing.

2. The Department of Justice shall send the review meeting materials to the Council members at least three working days before organizing the meeting.

3. The meeting of the Council shall proceed in the following order:

a) A representative of the drafting agency shall present the main contents of the draft document;

b) Council members shall express their review opinions on the contents stipulated in Clause 3 of Article 121, Clause 3 of Article 130 of the Law and other issues related to the draft document content. Before a Council member expresses their review opinion, the Council Secretary shall read the review opinion of absent Council members (if any);

c) A representative of the drafting agency shall explain issues related to the draft document content upon request by Council members;

d) The Chairman of the Council shall conclude on the reviewed contents.

4. The Council Secretary shall be responsible for recording the minutes of the meeting and submitting them for signature by the Chairman of the Council.

23. Amend and supplement Clause 2 of Article 64 of Decree No. 34/2016/NĐ-CP as follows:

“2. For documents issued together with other documents, the accompanying document must bear the seal of the issuing agency.”

24. Amend and supplement Clause 1 of Article 75 of Decree No. 34/2016/NĐ-CP, which has been amended and supplemented by Clause 16 of Article 1 of Decree No. 154/2020/NĐ-CP as follows:

“1. When citing a law or ordinance for the first time, the type name, title, and number or code of the document must be recorded; for other documents, the type name, number or code, date of passage or issuance, and the name of the issuing agency or authority must be recorded along with the title of the document. In subsequent citations, for laws and ordinances, only the type name and title of the document need to be recorded; for other documents, the type name, number or code of the document must be recorded.”

25. Amend and supplement Point a of Clause 2 of Article 113 of Decree No. 34/2016/NĐ-CP, which has been amended and supplemented by Point a of Clause 22 of Article 1 of Decree No. 154/2020/NĐ-CP as follows:

“a) The Minister of Justice shall exercise the authority to inspect documents in accordance with Clause 1 of this Article and assist the Government in inspecting documents suspected of violating the law, including Circulars of the Minister, Head of a ministry-level agency; content provisions within the scope of state management of ministries, ministry-level agencies in joint circulars between the Minister, Head of a ministry-level agency and the President of the Supreme People's Court, Prosecutor of the Supreme People's Procuracy, State Auditor General; resolutions of the People's Council, decisions of the People's Committee at the provincial level, normative legal documents of local authorities in special administrative-economic units related to many industries and fields of state management;”

26. Amend and supplement Clause 1 of Article 159 of Decree No. 34/2016/NĐ-CP as follows:

“1. Every five years, the Government shall examine and, if necessary, propose the Standing Committee of the National Assembly to decide on a comprehensive review of the system of documents; submit to the Standing Committee of the National Assembly for promulgation and implementation of the plan for a comprehensive review of the system of documents.”

27. Supplement Clause 3 to Article 160 of Decree No. 34/2016/NĐ-CP as follows:

“3. Every three years, the Government shall direct agencies and localities to conduct reviews of documents by field and area of management.

The Ministry of Justice shall take the lead and coordinate with ministries, ministry-level agencies, and localities to develop plans for submission to the Prime Minister for approval and act as the focal point for implementing the plan.”

28. Amend and supplement Clause 1, Clause 2, and Clause 4 of Article 181 of Decree No. 34/2016/NĐ-CP as follows:

a) Amend and supplement Clause 1 and Clause 2 as follows:

“1. Activities in drafting proposals for normative legal documents and programs for drafting laws and ordinances include: Summarizing the implementation of laws; surveying and evaluating the current status of social relations related to the subject matter; conducting scientific research, collecting information and data, international treaties, translating foreign documents into Vietnamese; formulating policy content; assessing the impact of policies; communicating the basic content of policies and organizing the solicitation of opinions from relevant agencies and organizations; revising and perfecting proposals for drafting normative legal documents; preparing various types of lists, programs, and plans for drafting normative legal documents of the Government, Prime Minister, ministries, ministry-level agencies, and local authorities.”

2. The activities of drafting regulatory legal documents include: organizing the preparation of documents; collecting, reviewing, and evaluating related documents; assessing the impact of the document; implementing basic content communication of the draft document and organizing opinions from relevant agencies and organizations, revising, and perfecting the document.

b) Amend and supplement Clause 4 as follows:

4. Activities related to the implementation of laws include: popularizing and educating about laws; inspecting and handling regulatory legal documents; reviewing and systematizing regulatory legal documents; administrative procedure supervision; monitoring the implementation of laws; consolidating regulatory legal documents, codifying systems of legal norms; Official Gazette; translating regulatory legal documents into foreign languages and ethnic minority languages.

29. Amend the name of Article 184 and supplement Clause 1a following Clause 1 of Article 184 of Decree No. 34/2016/ND-CP as follows:

a) Amend the name of Article 184 as follows:

“Article 184. Responsibilities of Ministers, Heads of Ministries, and Provincial People's Committees in drafting regulatory legal documents and perfecting the legal system”.

b) Supplement Clause 1a following Clause 1 as follows:

“1a. Organizing the communication of the basic content of policies in proposals for drafting regulatory legal documents and projects, draft regulatory legal documents through mass media and other appropriate forms on complex issues of public concern with differing opinions and direct impacts on the creation, change, or termination of rights and obligations of individuals, organizations, and enterprises.”

30. Supplement Clause 3 to Article 188 of Decree No. 34/2016/ND-CP as follows:

“3. The abolition or replacement of joint circulars issued before July 1, 2016 shall be carried out as follows:

a) In cases where it is necessary to abolish all joint circulars, the Minister or Head of the equivalent ministry that was responsible for drafting the joint circular shall issue a circular to abolish the joint circular after obtaining written agreement from the ministries and equivalent ministries that jointly issued the circular;

b) In cases where it is necessary to replace part of a joint circular, the Minister or Head of the equivalent ministry shall issue a circular stipulating the contents within their sectoral management authority and abolish the replaced contents in the joint circular after obtaining written agreement from the ministries and equivalent ministries that jointly issued the circular.”

Article 2. Supplement and replace some models attached Decree Decree No. 34/2016/ND-CP has been amended and supplemented with some articles pursuant to Decree No. 154/2020/ND-CP; abolish some provisions of the Decree Decree No. 34/2016/ND-CP has been amended and supplemented with some articles pursuant to Decree No. 154/2020/ND-CP

1. Supplement Models 12, 13, and 14 to Appendix V issued together with Decree No. 34/2016/ND-CP which has been amended and supplemented by some articles according to Decree No. 154/2020/ND-CP at Appendix I issued together with this Decree:

a) Model 12. Report on integrating gender equality issues in projects, draft regulatory legal documents;

b) Model 13. Report on reviewing related regulatory legal documents concerning projects, draft regulatory legal documents;

c) Model 14. Summary, explanation, and incorporation of comments from agencies, organizations, and individuals regarding proposals for drafting regulatory legal documents/project, draft regulatory legal documents.

2. Replace some models as follows:

a) Replace Model 42 in Appendix I issued together with Decree No. 34/2016/ND-CP which has been amended and supplemented by some articles according to Decree No. 154/2020/ND-CP with Model 42 in Appendix II issued together with this Decree;

b) Replace Models 01, 02, and 03 in Appendix V issued together with Decree No. 34/2016/ND-CP which has been amended and supplemented by some articles according to Decree No. 154/2020/ND-CP with Models 01, 02, and 03 in Appendix III issued together with this Decree.

3. Abolish some provisions of Decree No. 34/2016/ND-CP which has been amended and supplemented by some articles according to Decree No. 154/2020/ND-CP:

a) Abolish the phrase "having signs" in Clause 1 of Article 112 of Decree No. 34/2016/ND-CP amended and supplemented in Clause 21 of Article 1 of Decree No. 154/2020/ND-CP; Clause 2 of Article 112 of Decree No. 34/2016/ND-CP; point a of Clause 4 of Article 115 of Decree No. 34/2016/ND-CP; point a of Clause 1 of Article 122 of Decree No. 34/2016/ND-CP; Clause 4 of Article 122 of Decree No. 34/2016/ND-CP amended and supplemented in point b of Clause 26 of Article 1 of Decree No. 154/2020/ND-CP; Clause 1 of Article 124 of Decree No. 34/2016/ND-CP;

b) Abolish Clause 2 and Clause 4 of Article 14 of Decree No. 34/2016/ND-CP;

c) Abolish Article 5 of Decree No. 34/2016/ND-CP; Article 8 of Decree No. 34/2016/ND-CP amended and supplemented in point e of Clause 1 of Article 2 of Decree No. 154/2020/ND-CP; Article 31 of Decree No. 34/2016/ND-CP amended and supplemented in Clause 9 of Article 1 of Decree No. 154/2020/ND-CP.

Article 3. Effectiveness

This Decree takes effect from June 1, 2024./.