Circular No. 66/2011/TT-BCA stipulates on the construction, issuance, inspection, and handling of regulatory legal documents within the People's Public Security (CAND).

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Rules on drafting, promulgating, inspecting, and handling normative legal documents in the People's Public Security
Normative legal documents in the People's Public Security

Pursuant to the Law on Enactment of Normative Legal Documents dated June 3, 2008;

Pursuant to the Government Decree No. 24/2009/NĐ-CP dated March 5, 2009 detailing and guiding the implementation of the Law on Enactment of Normative Legal Documents;

On the basis of Pursuant to the Government Decree No. 40/2010/NĐ-CP dated April 12, 2010 on inspecting and handling normative legal documents;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to the Prime Minister's Decision No. 42/2009/QĐ-TTg dated March 16, 2009 promulgating regulations on inspecting and handling normative legal documents containing state secrets;

The Ministry of Public Security stipulates specific rules on drafting, promulgating, inspecting, and handling normative legal documents in the People's Public Security as follows:

 

PART I
GENERAL PROVISIONS

Article 1. Scope of regulation, applicable subjects

Article 1. This Circular specifies rules on drafting, promulgating, inspecting, and handling normative legal documents; participating in providing opinions on draft normative legal documents in the People's Public Security.

Article 2. This Circular applies to departments, units under the Ministry, provincial public security services, centrally governed cities, provincial Fire Prevention and Control Services, centrally governed cities (hereinafter collectively referred to as public security units and localities) and related agencies and organizations.

Article 2. Normative legal documents concerning national security protection and social order and safety

Clause 1. Normative legal documents concerning national security protection and social order and safety (hereinafter collectively referred to as security and order protection) are documents issued by state agencies or persons with authority according to the form, procedure, and process prescribed in the Law on Enactment of Normative Legal Documents dated June 3, 2008 (hereinafter collectively referred to as the Law on Enactment of Normative Legal Documents), Government Decree No. 24/2009/NĐ-CP dated March 5, 2009 detailing and guiding the implementation of the Law on Enactment of Normative Legal Documents (Government Decree No. 24/2009/NĐ-CP), and other relevant normative legal documents; they contain general rules of conduct, applicable multiple times to all subjects or a group of subjects, and effective nationwide or in certain regions; they are ensured to be implemented by the State through measures prescribed by law.

Clause 2. Documents issued by agencies or persons with authority in the People's Public Security that do not fully meet the criteria for normative legal documents as stipulated in Clause 1 of this Article, such as decisions approving programs, projects, plans; decisions adjusting internal operation regulations of agencies and units; directives launching competitive movements; decisions, directives directing administrative management, urging, inspecting the implementation of laws and normative legal documents; decisions promoting, advancing ranks, increasing salaries, appointing, relieving from duty, rewarding, disciplining; decisions imposing administrative penalties and other individual documents to resolve specific cases or specific subjects are not considered normative legal documents.

Article 3. Drafting and promulgating normative legal documents concerning security and order protection

Clause 1. Drafting for the Minister of Public Security to submit to competent authorities for promulgation of normative legal documents concerning security and order protection, including:

a) Laws, resolutions of the National Assembly;

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

c) Orders and decisions of the President;

Point d) Decrees of the Government;

e) Resolutions of the Supreme People's Court Council.

Clause 2. Drafting for the Minister of Public Security to promulgate circulars specifying the following issues:

Point a) Detailed implementation of 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, and other issues related to security and order protection or within the functions, tasks, and powers of the People's Public Security;

Point b) Regulations on procedures, technical standards, economic-technical norms in the People's Public Security;

Point c) Measures to implement state management functions regarding security and order protection and other issues assigned by the Government.

Clause 3. Drafting for the Minister of Public Security to chair or participate in signing joint circulars with other ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy to guide the implementation of normative legal documents of higher-level state agencies, unify the application of laws in criminal proceedings, and other issues related to the tasks and powers of the Ministry of Public Security and those agencies.

Clause 4. Drafting for the Director of Provincial Public Security Services, centrally governed city public security services, Director of Provincial Fire Prevention and Control Services, centrally governed city fire prevention and control services (hereinafter collectively referred to as the head of provincial public security services) to submit to the People's Councils, People's Committees of provinces, centrally governed cities for promulgation of normative legal documents concerning security and order protection at the local level, including:

a) Resolutions of the People's Councils;

Point b) Decisions, directives of the People's Committee.

Article 4. Drafting international treaties, agreements on security and public order

The drafting of international treaties, agreements on security and public order shall be carried out in accordance with the provisions of the Law on Signing, Joining and Implementing International Treaties, the Ordinance on Signing and Implementing International Agreements, and other relevant normative legal documents.

Article 5. Drafting normative legal documents of the People's Councils, People's Committees of provinces and centrally governed cities on security and public order at the local level

1. The head of the provincial police shall be responsible for chairing or participating in drafting normative legal documents stipulated in Clause 4, Article 3 of this Circular to submit to the People's Councils, People's Committees at the same level for issuance in order to implement normative legal documents of higher-level state agencies related to issues concerning security and public order in the locality.

2. The procedures, formalities, and funding for drafting normative legal documents shall be carried out by the provincial police in accordance with the provisions of the Law on Issuing Normative Legal Documents of People's Councils, People's Committees and relevant documents.

3. The legal affairs organization under the provincial police shall be responsible for chairing and coordinating with relevant agencies to assist the head of the provincial police in implementing the activities stipulated in Clause 1 and Clause 2 of this Article.

Article 6. Principles for drafting and issuing normative legal documents on security and public order

The drafting and issuance of normative legal documents on security and public order, which are drafted by local police units and submitted for issuance by the Minister, jointly issued, or submitted for issuance by competent authorities, must ensure the principles stipulated in Article 3 of the Law on Issuing Normative Legal Documents.

Article 7. Allocation and coordination in drafting, participation in opinions; examination and inspection of normative legal documents

1. The allocation of drafting and participation in opinions on draft normative legal documents shall be based on the content of the document relating to the functions, tasks, and powers of the general bureau or subordinate unit of the Ministry (hereinafter referred to as the unit). If the content of the normative legal document relates to multiple units or seeks opinions from members of the Government, the Minister shall assign the Legal Affairs Department to chair.

2. The Legal Affairs Department shall be responsible for examining draft normative legal documents prepared by local police units before submitting them to the Minister.

3. Participation in opinions, impact assessment, and examination of normative legal documents containing provisions on administrative procedures shall be carried out in accordance with the provisions of Articles 9, 10, and 11 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control.

4. The Legal Affairs Department shall assist the Minister in organizing inspections of normative legal documents on security and public order in accordance with the provisions of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspection and handling of normative legal documents (Decree No. 40/2010/NĐ-CP), Decision No. 42/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister promulgating regulations on inspection and handling of normative legal documents containing state secrets (Decision No. 42/2009/QĐ-TTg), except for those documents assigned by the Minister to the Second General Department of Security for implementation.

The Second General Department of Security shall be responsible for inspecting normative legal documents on security and public order containing state secrets issued by ministries, ministerial-level agencies, provincial People's Councils, and People's Committees in accordance with Decision No. 42/2009/QĐ-TTg.

Article 8. Impact Assessment of Legal Instruments (Laws, Ordinances, Decrees) on Security and Public Order

The impact assessment of legal instruments (laws, ordinances, decrees) on security and public order shall be carried out in accordance with the provisions of the Law on Legislative Documents and Decree No. 24/2009/NĐ-CP, specifically as follows:

1. When proposing to draft legal instruments (laws, ordinances, decrees), the unit responsible for drafting the legal instrument must prepare an initial impact assessment report in accordance with Article 37 of Decree No. 24/2009/NĐ-CP.

2. During the drafting process of legal instruments (laws, ordinances, decrees), the unit responsible for drafting the legal instrument must prepare an impact assessment report (including preliminary impact assessment and comprehensive impact assessment) in accordance with Article 38 of Decree No. 24/2009/NĐ-CP.

3. Within three years from the date of implementation of the legal instrument (law, ordinance, decree), the unit responsible for drafting the legal instrument must prepare an impact assessment report based on practical application in accordance with Article 39 of Decree No. 24/2009/NĐ-CP.

            4. The unit responsible for drafting legal instruments (laws, ordinances, decrees) must ensure the quality (objectivity and accuracy) of the impact assessment reports; submit them to the Minister for review and approval before submitting the proposal for drafting legal instruments and the draft legal instrument review file to the Ministry of Justice in accordance with regulations.

Article 9. Reviewing and Systematizing Legal Normative Documents

1. Legal normative documents related to the field of security and public order must be regularly reviewed and periodically systematized. Based on the results of the review, identify legal normative documents that need to be amended, supplemented, or newly established to report to the leadership of the Ministry to decide inclusion in the annual legislative program of the Ministry or propose to the competent authority to include in the legislative program of the National Assembly or Government.

2. Every three months, the Legal Department has the responsibility to collect, systematize legal normative documents issued by the Minister or other competent authorities related to security and public order for compilation, publication, and distribution to local police units.

3. Every six months, the Legal Department has the responsibility to take the lead and coordinate with relevant units to review and report to the Minister to decide on the publication of the list of legal normative documents concerning the field of security and public order that have expired or are no longer suitable for current circumstances.

4. Every five years, the Legal Department has the responsibility to take the lead and coordinate with relevant units to systematize legal normative documents according to topics, fields, and valid legal provisions issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, Minister, or equivalent agency related to the field of security and public order.

Article 10. Building, Managing, and Using the Core Database of Legal Normative Documents

1. Legal normative documents issued by the Minister of Public Security and other legal normative documents related to the field of security and public order issued by competent authorities must be collected and built into the core database of legal normative documents of the Ministry of Public Security to serve the work of drafting, issuing, inspecting, handling legal normative documents, and activities of local police units.

2. The core database of legal normative documents of the Ministry of Public Security shall be constructed, supplemented, updated, stored, managed, exploited, and used in accordance with the regulations of the Minister. The Legal Department is responsible for leading and coordinating with relevant units to build, develop, and regularly update and supplement new legal normative documents promptly.

Article 11. Management Agency for Drafting, Reviewing, Inspecting, and Handling Legal Normative Documents

1. The Legal Department is the agency assisting the Ministry in uniformly managing the work of drafting, reviewing, inspecting, and handling legal normative documents within the People's Public Security, responsible for:

a) Assisting the Minister in preparing proposals for drafting laws and ordinances on the field of security and public order to be submitted to the competent authority for decision-making and preparing the program for drafting legal normative documents of the Ministry of Public Security to be submitted to the leadership of the Ministry for decision-making;

b) Directly or participating in drafting legal normative documents, multilateral or bilateral international treaties assigned;

c) Reviewing draft legal normative documents prepared by the main drafting units before submission to the Minister for signature and issuance or submission to the Government for signature;

d) Participating in opinions on projects and draft legal normative documents assigned;

đ) Assisting the Minister in managing and implementing inspection and handling of legal normative documents on the field of security and public order;

e) Implementing regular or ad hoc reporting on the work of drafting, issuing, inspecting, and handling legal normative documents within the People's Public Security in accordance with regulations.

2. Legal Departments under local public security units are agencies assisting the heads of public security units in uniformly managing the work of drafting, reviewing, and inspecting legal normative documents of local public security units.

                          

Chapter II
ESTABLISHING THE PROGRAM
LEGISLATIVE DRAFTING

Article 12. Proposals for drafting laws and ordinances on national security and public order protection

Proposals for drafting laws and ordinances on national security and public order protection shall be prepared by the Ministry of Public Security, reported to the Government for submission to the Standing Committee of the National Assembly to include them in the annual or entire term legislative program of the National Assembly in accordance with Clause 1 of Chapter I of Decree No. 24/2009/NĐ-CP and the following specific provisions:

1. Based on assigned tasks and requirements, units prepare proposal files for drafting laws and ordinances and submit them to the Legal Department for consolidation. For proposal files for drafting laws and ordinances during the National Assembly's term, they must be submitted to the Legal Department no later than February 1 of the first year of the National Assembly's term; for annual proposal files for drafting laws and ordinances, they must be submitted to the Legal Department no later than October 1 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.

2. The unit proposing the drafting of laws and ordinances is responsible for publishing the explanatory memorandum and preliminary impact assessment report on the Ministry’s electronic portal for at least twenty (20) days to allow agencies, organizations, and individuals to provide comments (except for laws and ordinances containing state secrets).

3. The Legal Department consolidates the proposal files for drafting laws and ordinances from the units that have submitted them, drafts the proposal for the Ministry of Public Security to build laws and ordinances, reports it to the leadership of the Ministry for soliciting opinions from the Ministry of Finance and the Ministry of Home Affairs; coordinates with the unit proposing the drafting of laws and ordinances to complete the file according to regulations to submit to the Minister.

4. Based on reviewing the files presented by the Legal Department, the Minister approves and signs the Ministry of Public Security's proposal document on building laws and ordinances, which is then submitted to the Ministry of Justice for consolidation and submission to the Government no later than March 1 of the first year of the National Assembly's term (for proposal files for drafting laws and ordinances during the National Assembly's term); no later than November 15 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 proposal files for drafting laws and ordinances).

Article 13. Proposals for drafting decrees of the Government and decisions of the Prime Minister on national security and public order protection

1. Proposals for drafting decrees of the Government on national security and public order protection shall be reported by the Ministry of Public Security to the Government for inclusion in the annual decree-building program of the Government in accordance with Clause 2 of Chapter I of Decree No. 24/2009/NĐ-CP and the following specific provisions:

a) Based on assigned tasks and requirements, units prepare proposals for drafting Government decrees and submit them to the Legal Department for consolidation no later than July 1 of the preceding year;

b) The unit proposing the drafting of decrees is responsible for publishing the explanatory memorandum and preliminary impact assessment report on the Ministry’s electronic portal for at least twenty (20) days to allow agencies, organizations, and individuals to provide comments (except for decrees containing state secrets);

c) The Legal Department consolidates the proposals for drafting decrees from the units that have submitted them, drafts the proposal for the Ministry of Public Security to build decrees, reports it to the leadership of the Ministry for soliciting opinions from the Ministry of Finance and the Ministry of Home Affairs; coordinates with the unit proposing the drafting of decrees to complete the file according to regulations to submit to the Minister;

d) Based on reviewing the files presented by the Legal Department, the Minister approves and signs the Ministry of Public Security's proposal document on building decrees, which is then submitted to the Office of the Government and the Ministry of Justice for consolidation and submission to the Government no later than August 1 of the preceding year.

2. Proposals for drafting decisions of the Prime Minister on national security and public order protection are stipulated as follows:

a) Based on assigned tasks and requirements, units prepare proposals for drafting decisions of the Prime Minister and submit them to the Legal Department for consolidation no later than July 1 of the preceding year;

b) Proposals for drafting decisions of the Prime Minister must clearly indicate: the name of the document, the main agency; the agencies and units coordinating in drafting; the anticipated time for drafting and submitting the document; the anticipated detailed implementing regulations;

c) The Legal Department consolidates the proposals submitted by the units, drafts the proposal for the Ministry of Public Security to build decisions of the Prime Minister; coordinates with the units to complete the file according to regulations to submit to the Minister;

d) Based on reviewing the files presented by the Legal Department, the Minister approves and signs the Ministry of Public Security's proposal document on building decisions of the Prime Minister, which is then submitted to the Office of the Government for consolidation and submission to the Prime Minister no later than August 1 of the preceding year.

Article 14. Program for drafting regulatory legal documents issued by the Minister and jointly issued

1. Based on the program for drafting regulatory legal documents of the National Assembly, the Government, requirements, and practical activities in combating crime, state management of security and public order, and assigned tasks, units proposing to draft circulars and joint circulars in their respective fields of work shall submit their proposals to the Legal Department for consolidation no later than October 1 of the preceding year.

2. Proposals for drafting circulars and joint circulars must clearly indicate: the name of the document; the leading unit; the agencies and units collaborating in drafting; the anticipated time for drafting and submitting the document.

3. The Legal Department shall consolidate proposals for drafting circulars and joint circulars submitted by units, draft the Program for drafting regulatory legal documents issued by the Minister and jointly issued annually; seek opinions from relevant units and Deputy Ministers to present to the Minister before January 1 of the following year.

4. On the basis of reviewing the files submitted by the Legal Department, the Minister shall approve and issue the Program for drafting regulatory legal documents issued by the Minister and jointly issued.

Article 15. Adjusting the program for drafting regulatory legal documents

1. In cases where it is necessary to adjust the program for drafting laws, ordinances, decrees (adding to the program, removing from the program, or adjusting the submission time for documents), the leading unit in drafting (or the unit proposing the document) shall submit requests to the Legal Department for consolidation and reporting to the Minister for approval and submission to the Prime Minister according to Articles 12 and 19 of Decree No. 24/2009/NĐ-CP and the provisions of this Circular.

2. In cases where it is necessary to adjust the program for drafting regulatory legal documents issued by the Minister and jointly issued, the leading unit in drafting (or the unit proposing the document) shall submit requests to the Legal Department for consolidation and reporting to the Minister for consideration and decision.

 

Chapter III
||| DRAFTING LEGAL INSTRUMENTS

Section 1
DRAFTING LAWS, ORDINANCES, DECREES,
DECISIONS OF THE PRIME MINISTER

Article 16. Drafting laws, ordinances, and decrees concerning security and public order

1. Units assigned to lead in drafting laws, ordinances, and decrees concerning security and public order shall carry out procedures to have the Minister decide on establishing the Drafting Board (for laws, ordinances, and decrees); prepare files to seek opinions from the Standing Committee of the National Assembly (for decrees as stipulated in Clause 4, Article 14 of the Law on Issuing Regulatory Legal Documents).

2. The drafting of laws, ordinances, and decrees concerning security and public order shall be carried out in accordance with the provisions of the Law on Issuing Regulatory Legal Documents and the provisions in Section 1, Chapter II of Decree No. 24/2009/NĐ-CP.

 Article 17. Drafting decisions of the Prime Minister concerning security and public order

1. Units assigned to lead in drafting documents to establish the Drafting Board shall submit the draft to the Minister for review and decision. The Chairperson of the Drafting Board shall be a Deputy Minister responsible for the unit assigned to lead in drafting the document (or a leader of that unit if authorized by the Ministry). Members of the Drafting Board include representatives of the leading unit, the Legal Department, and other units related to the content of the document to be drafted. If necessary, the Chairperson of the Drafting Board may decide to establish an Editorial Team to assist the Drafting Board.

2. The drafting of decisions of the Prime Minister concerning security and public order shall be carried out in accordance with the provisions of the Law on Issuing Regulatory Legal Documents and the provisions in Section 2, Chapter II of Decree No. 24/2009/NĐ-CP.

Article 18. Drafting detailed implementing regulations for laws, ordinances, decrees, and decisions of the Prime Minister concerning national security and public order.

The drafting of detailed implementing regulations for laws, ordinances, decrees, and decisions of the Prime Minister concerning national security and public order shall be carried out in accordance with the provisions of Article 8 of the Law on Enacting Legal Normative Documents.

 

Section 2
DRAFTING OF THE CIRCULAR BY THE MINISTER,
JOINT CIRCULAR UNDER THE SUPERVISION OF THE MINISTRY OF PUBLIC SECURITY

Article 19. Establishment of the Drafting Team for the Circular

Based on the nature and content of the draft circular, the head of the unit assigned to lead the drafting of the circular may decide to establish a Drafting Team. The leader of the Drafting Team is the leadership of that unit. Members of the Drafting Team include some specialized officers from the leading unit, representatives from the Legal Department, and relevant units participating. The Drafting Team has the responsibility to assist the head of the unit in carrying out the activities stipulated in Articles 20 and 21 of this Circular.

Article 20. Conducting the Drafting of the Circular

The drafting of the Circular by the Minister is carried out by the leading unit in accordance with the provisions of the Law on Enacting Legal Normative Documents and Article 34 of Decree No. 24/2009/NĐ-CP, specifically as follows:

1. Coordinate with the Legal Department and related units and organizations to summarize and evaluate the implementation of laws; review and assess current legal normative documents; survey and evaluate the actual social relations in the relevant field of the draft; study information and materials (including international treaties and agreements) related to the draft.

2. Prepare the outline, draft, and revise the draft.

3. Prepare the submission report and related documents for the draft. The submission report must clearly state:

a) The necessity of issuing the circular;

b) The drafting process and solicitation of opinions on the draft;

c) The subjects and scope regulated by the circular;

d) The structure and basic content of the draft circular;

e) Issues with differing opinions and issues requiring guidance (if any). For issues with differing opinions, the leading unit responsible for drafting only selects major issues to include in the submission report and proposes its views and directions for resolving those issues to seek guidance from the competent authority.

4. Must specify the effective date of the circular but not earlier than 45 (forty-five) days from the date of issuance (except in cases where the circular provides measures for urgent implementation).

Article 21. Soliciting Opinions and Revising the Draft Circular

Soliciting opinions on the draft circular is carried out in accordance with the provisions of the Law on Enacting Legal Normative Documents and Decree No. 24/2009/NĐ-CP, specifically as follows:

1. The leading unit responsible for drafting the circular is responsible for organizing the solicitation of opinions from departments under the Ministry, local public security agencies (depending on the scope of regulation of the document), and relevant agencies, organizations, and individuals (if any) through sending the draft for comments. In necessary cases, direct solicitation of opinions, organizing seminars, or using the Ministry's online portal can be conducted (except for drafts containing state secrets and internal matters of the People's Public Security).

2. The leading unit responsible for drafting must clearly state the issues needing opinions suitable for each recipient and address for receiving opinions; compile, adopt, and explain the contents of the contributions. In necessary cases, publish on the Ministry's online portal the adopted or explained opinions and the revised draft (except for drafts containing state secrets and internal matters of the People's Public Security).

3. In necessary cases, the leading unit responsible for drafting the circular reports to the Ministry leadership for signing a document sending the draft to ministries, ministerial-level agencies, and government agencies to solicit opinions on the relevant content of the draft.

4. After adopting the opinions of local public security agencies and relevant agencies, organizations, and individuals to revise the draft circular, the leading unit responsible for drafting is responsible for submitting a document seeking guidance from Deputy Ministers; subsequently, revise the draft and explain the contents with differing opinions (if any) before submitting the dossier for the Legal Department to review.

Article 22. Drafting joint circulars led by the Ministry of Public Security

1. Based on the nature and content of the draft Circular, the head of the unit assigned to lead the drafting of joint circulars may establish a draft decision to form the Drafting Team for submission to the Deputy Minister responsible for that unit to sign and promulgate. The leader of the Drafting Team is the head of the leading unit. Members of the Drafting Team include representatives from the Ministry of Public Security (the leading unit, the Legal Department, and related units) and representatives from the parties involved in issuing the joint circulars. The Drafting Team is responsible for implementing the activities stipulated in Clause 2 of this Article.

2. The drafting of joint circulars led by the Ministry of Public Security shall be carried out in accordance with the provisions of the Law on Enacting Legal Normative Documents, as specified in Article 36 of Decree No. 24/2009/NĐ-CP, and as specified in Article 20 of this Circular, with the participation of representatives from the parties involved in issuing the joint circulars.

3. Soliciting opinions and revising the draft joint circulars shall be conducted as follows:

a) The leading unit responsible for drafting the joint circulars shall organize the solicitation of opinions from the general directorates, subordinate units of the Ministry, local public security agencies (depending on the scope of regulation of the document), and relevant agencies, organizations, and individuals through the method of sending the draft for comments. In necessary cases, direct opinion solicitation can be organized, seminars held, or the draft posted on the Ministry's electronic portal (except for drafts containing state secrets and internal matters of the People's Public Security);

b) The leading unit responsible for drafting shall clearly specify the issues requiring opinions suitable for each recipient and address for feedback; compile, adopt, and explain the contents of the contributions. In necessary cases, post on the Ministry's electronic portal the document adopting or explaining the opinions and the revised draft (except for drafts containing state secrets and internal matters of the People's Public Security);

c) After incorporating the opinions of local public security units and relevant agencies, organizations, and individuals to revise the draft joint circulars, the leading unit responsible for drafting shall submit a document requesting guidance from the Deputy Ministers; revise the draft; explain the contents still having differing opinions (if any);

d) The leading unit responsible for drafting the joint circulars shall report to the Ministry leadership to sign a document sending the draft to the parties involved in issuing the joint circulars for their opinions on the draft; revise the draft; explain the contents still having differing opinions (if any) before submitting the file for review by the Legal Department.

 

Chapter IV
REVIEW, SUBMISSION AND
ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Section 1
REVIEW, SUBMISSION OF LEGISLATIVE PROJECTS, ORDINANCES,
DRAFT DECREES, DECISIONS OF THE PRIME MINISTER

Article 23. Responsibilities of the leading unit in drafting legislative projects, ordinances, draft decrees, and decisions of the Prime Minister

1. The leading unit responsible for drafting legislative projects, ordinances, draft decrees, and decisions of the Prime Minister concerning the field of national security and social order shall be responsible for completing the dossier for submission to the Legal Department for inspection and review prior to signing by the Ministry leadership and forwarding to the Ministry of Justice for review in accordance with Articles 42 and 43 of Decree No. 24/2009/NĐ-CP.

2. After receiving the review opinions of the Ministry of Justice, the leading unit responsible for drafting the projects and drafts shall cooperate with the Legal Department and relevant agencies and organizations to study, adopt the opinions, revise the projects and drafts; post the revised draft on the Government's electronic portal and the Ministry's electronic portal; report to the Ministry leadership to sign and submit the revised projects and drafts to the Government and the Prime Minister (except for drafts containing state secrets).

Article 24. Responsibilities of the Legal Affairs Department in reviewing draft laws, ordinances, decrees, and decisions of the Prime Minister

1. Checking and reviewing the files of draft laws, ordinances, decrees, and decisions of the Prime Minister concerning the field of security and public order submitted by the drafting units; if any errors in content, form, procedures, or files are found, requesting the drafting units to supplement and complete the files according to regulations.

2. Cooperating with the drafting units and related agencies and organizations to study and incorporate comments on the review of the Ministry of Justice, refining the draft before submitting it for signature by the Minister to the Government or the Prime Minister.

 

Section 2
REVIEWING, SIGNING, ISSUING CIRCULARS OF THE MINISTER AND JOINT CIRCULARS CHAIRMAN BY THE MINISTRY OF PUBLIC SECURITY
Article 25. Documents for Requesting Review of Draft Circulars and Joint Circulars

1. The documents for requesting review of draft circulars include:

a) A letter requesting review;

c) The draft circular after incorporating feedback;

b) A draft report;

d) A summary of participating opinions, directives from Deputy Ministers, and original copies of those opinions;

2. The documents for requesting review of draft joint circulars include the documents specified in Clause 1 of this Article and written opinions from the parties involved in issuing the joint circular.

đ) Other related documents.

3. The number of documents sent to the Legal Affairs Department for requesting review of draft circulars and joint circulars is two (2) sets.

Article 26. Content of Reviewing Draft Circulars and Joint Circulars

The content of reviewing draft circulars and joint circulars includes all issues in the draft, focusing on the following main points:

1. The necessity of promulgating the document.

2. Legal basis and grounds.

3. Scope of regulation and application of the document.

4. Consistency of the draft content with Party guidelines, policies, and the Constitution; legality and consistency of the document with the legal system; functions, tasks, and authorities of the People's Public Security.

5. Compliance with drafting procedures and processes.

6. Feasibility of the document.

7. Language, format, and technical aspects of drafting the document.

Article 27. Responsibilities of the Legal Affairs Department in Reviewing Draft Circulars and Joint Circulars

The Legal Affairs Department is responsible for reviewing draft circulars of the Minister and joint circulars chaired by the Ministry of Public Security according to Article 49 of Decree No. 24/2009/NĐ-CP and specific provisions as follows:

1. Examining the content and form of the draft document according to Article 26 of this Circular and bearing responsibility for their review opinions.

2. Review opinions must be expressed in writing or on a form signed by the head of the Legal Affairs Department.

3. If the document does not meet requirements (in terms of content, form, procedures, or files), the reviewing agency requests the drafting agency to revise, supplement, and perfect the document.

4. In necessary cases, the reviewing agency may require the Drafting Team or the drafting unit to report on issues within the scope of the draft; conducting surveys themselves or together with the Drafting Team or the drafting unit regarding issues within the scope of the draft. The Drafting Team or the drafting unit is responsible for providing information and materials for the review process.

5. The Drafting Team or the drafting unit is responsible for studying the review opinions, revising the document, and presenting it to the leadership of the Ministry. In case there are differing opinions compared to the reviewing agency, the drafting unit reports to the Ministry leadership for consideration and decision.

6. The review process must be conducted promptly and accurately, not exceeding seven (7) working days for simple documents and fifteen (15) working days for complex documents from the date of receiving complete documents as prescribed.

6. The review must be conducted promptly and accurately, not exceeding seven (7) working days for simple documents, and fifteen (15) working days for complex documents from the date all required files are fully received in accordance with the regulations.

Article 28. Responsibilities of Units under the Public Security Force in the process of reviewing draft circulars and joint circulars

The responsibilities of units under the Public Security Force in the process of reviewing draft circulars issued by the Minister and joint circulars primarily organized by the Ministry of Public Security according to Article 50 of Decree No. 24/2009/NĐ-CP are specifically as follows:

1. The unit responsible for drafting the circulars and joint circulars shall be responsible for:

a) Sending complete review files to the Legal Department; providing information and materials related to the draft circulars and joint circulars upon request of the Legal Department;

b) Presenting the draft circulars and joint circulars when requested by the Legal Department;

c) Cooperating with the Legal Department to study, adopt, and revise the draft based on the review opinions;

d) Providing written explanations regarding the adoption or non-adoption of the review opinions and reporting to the Minister and the head of the equivalent ministry, while sending the explanation to the Legal Department.

2. Other units within their functions, tasks, and authorities shall be responsible for:

a) Cooperating in the review process at the request of the Legal Department;

b) Providing information and materials related to the review process upon request of the Legal Department;

c) Being responsible for studying and adopting the review opinions to perfect the draft and file before submitting to the Minister for signature and issuance.

3. Legal departments of units shall be responsible for checking, examining, and initially reviewing the draft circulars and joint circulars drafted by their own units before submitting them to the Legal Department for further review and submission to the leadership of the Ministry.

Article 29. Submission and Issuance of Circulars

1. The unit responsible for drafting the circular shall be responsible for completing the file and submitting it to the Minister for signature and issuance.

2. The file for submission of the circular includes:

a) A report to the Minister signed by the head of the unit responsible for drafting;

b) The Legal Department's review document;

c) The draft circular after incorporating review comments (three copies).

2. The documents for requesting review of draft joint circulars include the documents specified in Clause 1 of this Article and written opinions from the parties involved in issuing the joint circular.

đ) Other related documents.

Article 30. Submission and Issuance of Joint Circulars

1. The unit responsible for drafting the joint circular primarily organized by the Ministry of Public Security shall be responsible for completing the file and submitting it for issuance according to the following procedure:

a) The Minister of Public Security signs the document;

b) Heads of the participating agencies signing the joint circular sign the document.

2. The method of signing the joint circular is agreed upon by the participating agencies issuing the document.

3. The file for submission of the joint circular includes:

a) A letter from the Minister of Public Security requesting heads of the participating agencies to sign the joint circular;

b) An explanatory note on the draft (based on the report in the file submitted for review) signed by the head of the unit responsible for drafting;

c) The draft circular after incorporating review comments (three copies from the Ministry of Public Security, one copy from each participating agency issuing the joint circular).

d) Other related documents.

Article 31. Authority to Sign Circulars and Joint Circulars

1. Circulars of the Minister are signed and issued by the Minister (or a Deputy Minister authorized by the Minister).

2. Joint circulars primarily organized by the Ministry of Public Security are signed and issued by the Minister (or a Deputy Minister authorized by the Minister) together with the heads (or deputies authorized by the heads) of the participating agencies.

 

Chapter V
INSPECTION AND HANDLING OF LEGAL REGULATORY DOCUMENTS

Article 32. Scope of Inspection of Documents

1. Circulars of the Minister.

2. Joint circulars between the Minister and other Ministers, heads of equivalent ministries; Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy.

3. Regulatory legal documents issued by the Minister, heads of equivalent ministries, People's Councils, People's Committees of provinces and centrally-administered cities that relate to the areas of state management of the Ministry of Public Security.

4. Documents containing regulatory legal provisions but not issued in the form of circulars by the Minister of Public Security; documents containing regulatory legal provisions or having the format and content similar to regulatory legal documents issued by the Director-General, heads of subordinate units under the Ministry of Public Security.

Documents containing regulatory legal provisions on security and public order issued by the Minister, heads of equivalent ministries, People's Councils, and People's Committees of provinces also fall within the scope of inspection upon receiving requests, suggestions from organizations, individuals, and mass media.

5. Documents stipulated in Clauses 1, 2, 3, and 4 of this Article containing contents classified as state secrets.

Article 33. Purpose of reviewing legal texts

Reviewing legal texts on national security and public order aims to identify contents that violate the law within the texts to promptly halt their implementation, amend, revoke, or abolish them to ensure the constitutionality, legality, and consistency of the legal system. At the same time, it recommends relevant agencies and individuals with authority to determine the responsibility of agencies, units, or individuals who issued illegal texts, thereby enhancing the quality and effectiveness of legislative work on national security and public order.

Article 34. Content of reviewing legal texts

The content of reviewing legal texts on national security and public order involves examining, evaluating, and concluding on the constitutionality and legality of the texts according to Article 3 of Decree No. 40/2010/NĐ-CP, specifically including:

1. Issuing based on appropriate legal grounds.

2. Issuing within the scope of authority.

3. The content of the text being consistent with legal provisions.

4. The text being issued in accordance with prescribed procedures, formalities, and presentation techniques under the law.

Article 35. Methods of reviewing legal texts

1. Self-review for circulars issued by the Minister or joint circulars primarily drafted by the Ministry of Public Security or jointly issued.

2. Review according to authority for legal texts sent by agencies or individuals with authority to issue such texts, including:

a) Circulars issued by the Minister or other heads of ministries having content related to the administrative management domain of the Ministry of Public Security;

b) Resolutions of People's Councils, decisions, and directives of provincial People's Committees having content related to the administrative management domain of the Ministry of Public Security.

3. Reviewing legal texts upon receiving requests or recommendations from agencies, organizations, or individuals regarding texts suspected of violating the law.

4. Organizing specialized, regional, or sectoral inspection teams for legal texts on national security and public order at ministries, equivalent-level agencies, People's Councils, and provincial People's Committees.

Article 36. Responsibilities for reviewing legal texts

1. The Head of the Legal Affairs Department is responsible for assisting the Minister in organizing self-reviews and reviews according to authority for legal texts stipulated in Article 32 of this Circular (excluding the provisions in Clause 2 of this Article).

2. The Director of the Second General Intelligence Department is responsible for organizing reviews according to authority for legal texts stipulated in Clause 5 of Article 32 of this Circular.

3. Directors of departments directly under the Ministry are responsible for organizing reviews of circulars and joint circulars primarily drafted by their own departments when notified by the Legal Affairs Department about texts suspected of violating the law; timely providing necessary information, materials, and cooperating with the Legal Affairs Department to review and handle texts according to this Circular.

Article 37. Procedures and formalities for self-review of legal texts

1. Sending and receiving texts for review:

a) When issuing circulars or joint circulars primarily drafted by their own departments, departments directly under the Ministry must send one copy to the Legal Affairs Department for review within no more than three working days from the date of issuance.

b) Within no more than one working day from the date of receipt, the Ministry Office must transfer texts to the Legal Affairs Department for review, including:

- Joint circulars involving the Ministry of Public Security as a signatory party sent by other ministries or sectors;

- Notifications from competent authorities regarding texts issued by the Ministry of Public Security suspected of violating the law, or requests, recommendations, complaints from agencies, organizations, individuals, or mass media concerning such texts containing legal provisions suspected of violating the law.

c) After receiving texts for review, the Legal Affairs Department is responsible for recording them in the "Incoming Text Register" and establishing a file to manage the review process.

2. Organizing self-review of texts:

a) The Legal Affairs Department conducts reviews according to the contents specified in Article 34 of this Circular.

If illegal contents or inconsistencies with actual conditions are discovered, the Legal Affairs Department will notify the drafting department of the necessary details for further review.

For joint circulars signed by the Ministry of Public Security, the review should focus on areas under its administrative management while coordinating with related units to review the entire text.

b) Departments directly under the Ministry conduct self-reviews of legal texts and texts containing legal provisions primarily drafted by their own departments. Upon receiving notifications from the Legal Affairs Department about texts suspected of violating the law, these departments must review and submit written reports on the results to the Legal Affairs Department for consolidation and reporting to the Ministry leadership for decision-making.

In cases where there are differing opinions between the Legal Affairs Department and the drafting department regarding reviewed texts, the drafting department must provide detailed explanations in writing to the Legal Affairs Department for reporting to the Ministry leadership.

3. Reporting to the Minister for consideration and decision on handling texts with illegal contents:

a) Based on the review results, the Legal Affairs Department prepares a file on texts with illegal contents to report to the Minister. The file includes:

- The document to be inspected;

- The text serving as the basis for the review;

- Reports on the review results from the drafting department, along with any reservations (if any);

- Reports from the Legal Affairs Department on the illegal contents of the reviewed text and proposed handling measures;

- Related documents (if any).

b) The Minister (or Deputy Minister authorized by the Minister) considers and decides on the handling of texts with illegal contents reported by the Legal Affairs Department. If necessary, the Minister may request related units to report directly before making a decision.

c) Handling decisions for joint texts signed by the Ministry of Public Security with illegal contents are made based on consensus with the signing agencies and organizations.

4. Notifying the results of handling texts with illegal contents:

Results of handling texts with illegal contents issued by the Ministry of Public Security must be sent to related units.

Article 38. Procedures and formalities for inspecting and handling normative legal documents on security and public order issued by the Minister, Heads of Ministries, People's Councils, People's Committees of provinces and centrally governed cities.

1. Upon receipt of normative legal documents related to the field of security and public order issued by ministries, equivalent agencies, People's Councils, and People's Committees of provinces and centrally governed cities in accordance with Clause 1 of Article 19 of Decree No. 40/2010/NĐ-CP, within no more than 3 (three) days from the date of receipt of the document, the Ministry's Office shall be responsible for transferring the document to the Legal Department for inspection.

After receiving normative legal documents sent over, the Legal Department shall be responsible for entering them into the "Incoming Document Register" and establishing a file to manage incoming documents for inspection.

2. The Legal Department assists the Minister in organizing inspections of normative legal documents issued by ministries, equivalent agencies, People's Councils, and People's Committees of provinces and centrally governed cities that relate to the field of security and public order in accordance with the provisions of Decree No. 40/2010/NĐ-CP and this Circular.

In cases where illegal content or content not suitable to actual circumstances is discovered, the Head of the Legal Department shall report to the Minister of Public Security to notify the agency or person authorized to issue the document to self-inspect and handle it, and request a notification of the handling result to be submitted to the Ministry of Public Security within 30 (thirty) days from the date of receipt of the notification.

3. Based on the results of the document inspection, the Legal Department shall establish a file on documents containing illegal content to report to the Minister in accordance with Point a, Clause 3 of Article 37 of this Circular.

If the agency or person authorized to issue the document shows signs of illegal content and does not handle it within 30 (thirty) days from the date of receipt of the notification or if the handling result is not accepted by the Ministry of Public Security, the Head of the Legal Department shall report to the Minister of Public Security to proceed with handling the document in accordance with Clause 1 of Article 17 of Decree No. 40/2010/NĐ-CP.

The results of handling normative legal documents containing illegal content issued by ministries, equivalent agencies, People's Councils, and People's Committees of provinces and centrally governed cities that relate to the field of security and public order must be published in the Official Gazette and sent to relevant ministries, sectors, and localities to which the document was previously sent. If the document containing illegal content has been reported in mass media, the handling results must also be reported in mass media.

4. Specific procedures for inspecting and handling normative legal documents on security and public order issued by the Minister, Heads of Ministries, People's Councils, and People's Committees of provinces and centrally governed cities shall be carried out in accordance with the guidelines of the Ministry of Public Security.

Article 39. Procedures and formalities for inspecting and handling normative legal documents containing state secrets

Procedures and formalities for inspecting and handling normative legal documents containing state secrets shall be applied in accordance with Decision No. 42/2009/QĐ-TTg.

Article 40. Inspectors for document inspection

Based on the requirements for inspecting normative legal documents of the Ministry, the Head of the Legal Department shall organize and utilize a team of inspectors for document inspection in the field of security and public order.

 

Chapter VI
PARTICIPATION IN OPINION ON PROJECTS AND DRAFTS
NORMATIVE LEGAL DOCUMENTS ISSUED BY THE GOVERNMENT, MINISTRIES,
EQUIVALENT MINISTRIES AND OTHER AGENCIES AND ORGANIZATIONS REQUEST

Article 41. Responsibility to provide comments on draft regulatory legal documents

1. When there is a draft regulatory legal document sent by the Government, Ministries, ministerial-level agencies, and other organizations requesting the Ministry of Public Security to provide comments, the Ministry's leadership shall assign the main unit to implement according to Clause 1 of Article 7 of this Circular.

2. The Legal Affairs Department shall be responsible for coordinating with relevant units to study and propose the Ministry of Public Security's comments to be signed off by the Ministry's leadership and submitted to the Government or sent to the ministries, ministerial-level agencies, and organizations that have sent the draft.

3. The signing of letters providing comments shall be carried out as follows:

a) Letters submitted to the Government shall be signed by the Minister or a Deputy Minister authorized by the Minister.

b) Letters responding to ministries, ministerial-level agencies, and other organizations shall be signed by the Minister or a Deputy Minister.

c) If the draft regulatory legal documents are sent by general directorates, departments, or bureaus of other sectors to solicit comments from general directorates and subordinate units of the Ministry, then the leaders of these general directorates and subordinate units shall sign and send the comments. Comments provided by the leaders of general directorates and subordinate units, officers, and specialists during the drafting process, if not authorized or agreed upon by the Ministry's leadership, shall not be considered as comments from the Ministry of Public Security. All comments on regulatory legal documents must be simultaneously sent to the Ministry's Office and the Legal Affairs Department for their knowledge and monitoring.

Article 42. Content and time limit for providing comments on draft regulatory legal documents

Within two working days after receiving drafts from the National Assembly, the Government, and ministries, ministerial-level agencies, and other organizations requesting the Ministry of Public Security to provide comments, the Legal Affairs Department or the unit assigned by the Ministry's leadership shall be responsible for sending copies to relevant general directorates, departments, and bureaus under the Ministry related to the content of the document for research and provision of comments, and to compile and report the comments to the Ministry's leadership for signing the reply letter. Upon receipt of the drafts, the units shall organize research and provide comments; the comments must ensure both content and time limits; the unit and the person approving the reply letter shall be responsible for their comments.

Article 43. Decision on issues with differing opinions

For major issues or those related to the functions and tasks of the People's Public Security that have differing opinions, the Legal Affairs Department or the unit assigned by the Ministry's leadership must collect and report (in writing) along with the comments from relevant units to the Ministry's leadership for consideration and decision.

 

Chapter VII
TECHNICAL FORM AND PRESENTATION STYLE
REGULATORY LEGAL DOCUMENTS AND OTHER ISSUES

Article 44. Technical form and presentation style of regulatory legal documents of the National Assembly, Standing Committee of the National Assembly, Government, and Prime Minister in the field of security and public order

1. The technical presentation of draft laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly in the field of security and public order shall be implemented in accordance with the Law on Issuing Regulatory Legal Documents and Resolution No. 1139/2007/UBTVQH11 dated July 7, 2007 of the Standing Committee of the National Assembly on the Rules for Technical Presentation of Draft Regulatory Legal Documents of the National Assembly and the Standing Committee of the National Assembly.

2. The form and technical presentation of regulatory legal documents of the Government and the Prime Minister in the field of security and public order shall be implemented in accordance with the Law on Issuing Regulatory Legal Documents, Decree No. 24/2009/NĐ-CP, and related documents.

Article 45. Format and technical presentation of Circulars issued by the Minister and joint Circulars chaired by the Ministry of Public Security

1. The format and technical presentation of Circulars issued by the Minister and joint Circulars chaired by the Ministry of Public Security shall be implemented in accordance with the provisions of the Law on Issuance of Legal Normative Documents, Decree No. 24/2009/NĐ-CP, related documents, and the specific provisions below:

a) The language used must be Vietnamese, accurate, common, clear, and easy to understand;

b) Directly specify the content to be regulated, do not make general statements, and do not repeat contents already stipulated in other legal normative documents;

c) For Circulars and joint Circulars with a broad scope of regulation, they shall be structured according to chapters, sections, articles, clauses, points, or chapters, articles, clauses, points; for Circulars and joint Circulars with a narrow scope of regulation, they shall be structured according to articles, clauses, points. Each part, chapter, section, and article must have a title. Do not establish a separate chapter on inspection, complaints, denunciations, rewards, and handling violations unless there is new content;

d) The abbreviation for Circulars is TT. The abbreviation for joint Circulars is TTLT. For the names of participating agencies in joint Circulars, abbreviate using uppercase letters of the name of the drafting agency; abbreviate using uppercase letters of each participating agency's name in alphabetical order of Vietnamese; for the names of Ministries and agencies at the ministerial level that include the word "and," do not abbreviate this conjunction.

e) The number and code of Circulars and joint Circulars shall be arranged in the following order: "sequence number of the document/year of issuance (write out the full year number)/abbreviation of the document type - abbreviation of the issuing agency." Joint Circulars chaired by a Ministry shall be numbered according to the sequence of the Ministry's Circulars. Example: Circular No. 03 issued by the Minister of Public Security on March 16, 2010, drafted by the Legal Affairs Department has the number and code: No. 03/2010/TT-BCA; Joint Circular No. 02 issued by the Ministry of Public Security and the Ministry of Finance on July 20, 2010 has the number and code: No. 02/2010/TTLT-BCA-BTC.

f) Circulars and joint Circulars must be numbered starting from the first number (01) of the issuance year and have a unique code. Circulars and joint Circulars issued by the Minister or signed by a Deputy Minister under the Minister's authorization must obtain numbers from the Ministry Office, simultaneously sent for retention at the Ministry Office, the Legal Affairs Department, and the drafting agency.

g) Circulars and joint Circulars must be issued in the correct format, ensuring all the following elements: national emblem; name of the issuing agency; number and code of the document; place name and date of issuance; type of document and summary of content; content of the document; position, name, and signature of the authorized person; stamp of the issuing agency; recipient.

2. Circulars signed by the Minister must clearly state the rank of the Minister. In cases where the Minister delegates authority or authorizes Deputy Ministers to sign, the rank of the Deputy Minister signing the document must be clearly stated.

3. Circulars signed by the Minister must be copied and sent to units and local public security organs; relevant agencies and organizations, and published in the Official Gazette as prescribed (except for documents containing state secrets and internal regulations of the People's Public Security). Within the latest two working days from the date of issuance, the drafting agency must copy and send the issued document to relevant agencies, units, and organizations.

Article 46. Drafting and Issuing a Document to Amend, Supplement, Replace, Repeal, or Abolish Multiple Documents Related to National Security and Public Order

1. The drafting and issuance of a document to amend, supplement, replace, repeal, or abolish multiple documents related to national security and public order shall be carried out by the Ministry of Public Security submitting to the competent authority for issuance in accordance with the provisions of the Law on Enacting Legal Normative Documents and the specific provisions set forth in Article 53 of Decree No. 24/2009/NĐ-CP.

2. The drafting and issuance of a circular by the Minister to amend, supplement, replace, repeal, or abolish multiple circulars concerning the same field of police work shall be proposed by the unit assigned to take the lead in building such documents. The Legal Affairs Department shall be responsible for coordinating with the unit assigned to take the lead in building the document and submitting it to the Minister for signing and issuing in accordance with the regulations.

Article 47. Drafting and Issuing Legal Normative Documents Related to National Security and Public Order through Simplified Procedures

The drafting and issuance of legal normative documents by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister regarding national security and public order through simplified procedures shall be carried out in accordance with the provisions of the Law on Enacting Legal Normative Documents and the specific provisions set forth in Article 54 of Decree No. 24/2009/NĐ-CP.

 

Chapter VIII
IMPLEMENTING PROVISIONS

Article 48. Budget for Building, Issuing, Inspecting, and Handling Legal Normative Documents in the People's Public Security

1. The management, use, and settlement of the budget to ensure the work of building, issuing, inspecting, and handling legal normative documents in the People's Public Security shall be implemented in accordance with the provisions of Circular Joint No. 192/2010/TTLT/BTC-BTP-VPCP dated December 2, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Office of the Government guiding the preparation of budgets, management, use, and settlement of state budget funds to ensure the work of building legal normative documents and perfecting the legal system, Circular Joint No. 122/2011/TTLT-BTC-BTP dated August 17, 2011, issued by the Ministry of Finance and the Ministry of Justice stipulating the preparation of budgets, management, use, and settlement of funds to ensure the work of inspecting, handling, reviewing, and systematizing legal normative documents, and the guidance of the Ministry of Public Security.

2. The Financial Department shall take the lead and coordinate with the Legal Affairs Department to guide and inspect the management, use, and settlement of the budget to ensure the work of building, issuing, inspecting, and handling legal normative documents in the People's Public Security.

Article 49. Effectiveness

This Circular takes effect from November 20, 2011, and replaces Decision No. 1872/2006/QĐ-BCA(V19) dated November 24, 2006, issued by the Minister of Public Security promulgating the "Regulations on Building, Issuing, Inspecting, and Handling Legal Normative Documents in the People's Public Security."

Article 50. Responsibilities for Implementation by Public Security Units at All Levels and Police Officers of the People's Public Security

1. Public security units at all levels shall strictly implement this Circular; every six months and annually, they shall prepare reports on the situation of drafting, issuing, inspecting, and handling documents of their units and submit them to the Legal Affairs Department. During the implementation of this Circular, if there are difficulties, public security units at all levels shall promptly reflect these issues to the Ministry (through the Legal Affairs Department).

2. Provincial-level public security agencies shall carry out the construction and participation in the construction of documents; inspection and handling of documents according to the directives of the People's Committees at the same level; every six months and annually, they shall report the results of inspection and handling of documents within the content of the legal affairs report of their units as stipulated in Clause 1 of this Article to the Legal Affairs Department.

3. When public security units at all levels and police officers of the People's Public Security discover documents issued by ministries, ministerial-level agencies, provincial People's Councils, and People's Committees that contain content related to national security and public order and documents issued by the Ministry of Public Security that appear to violate laws or are no longer appropriate, they have the responsibility to propose to the Minister of Public Security and the relevant ministries and sectors that issued the documents to promptly inspect, handle, or amend and supplement the documents in accordance with the regulations.

Article 51. Responsibilities for Implementation by the Legal Affairs Department

The Legal Affairs Department shall be responsible for assisting the leadership of the Ministry in organizing the implementation and urging, inspecting the implementation of this Circular; periodically reporting to the leadership of the Ministry on the results of implementing this Circular; every six months and annually, preparing reports on the work of drafting, issuing, inspecting, and handling legal normative documents for submission to the Minister for approval and signature to report to the Prime Minister and send to the Ministry of Justice; collecting difficulties encountered by public security units at all levels in implementing this Circular, promptly reporting and proposing the Minister to direct the amendment and supplementation of the Circular to make it more suitable.