Decision No. 73/2004/QĐ-BNN On Issuing the Regulation on Drafting, Reviewing, and Enacting Normative Legal Documents of the Ministry of Agriculture and Rural Development

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of the Regulation on Drafting, Reviewing, and Issuing Legal Normative Documents of the Ministry of Agriculture and Rural Development

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Enacting Legal Normative Documents dated November 12, 1996; and the Law Amending and Supplementing Certain Articles of the Law on Enacting Legal Normative Documents dated December 16, 2002;

Pursuant to Decree No. 101-CP dated September 23, 1997 of the Government detailing the implementation of certain articles of the Law on Enacting Legal Normative Documents;

Pursuant to Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and organization of legal affairs units of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial People's Committees, and state-owned enterprises;

At the request of the Director of the Legal Department,

 

DECISION:

Article 1The Regulation on Drafting, Reviewing, and Issuing Legal Normative Documents of the Ministry of Agriculture and Rural Development is hereby promulgated together with this Decision.

Article 2This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 10/1998/TT-BNN dated November 4, 1998 of the Minister of Agriculture and Rural Development guiding the procedures for drafting legal normative documents of the Ministry of Agriculture and Rural Development.

Article 3The Heads of the Office, the Department of Legal Affairs, and the Heads of units under the Ministry shall be responsible for implementing this Decision.

 

REGULATIONS

DRAFTING, REVIEWING AND ISSUING

LEGAL NORMATIVE DOCUMENTS

OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

(Issued together with Decision No.: 73/2004/QĐ-BNN dated December 15, 2004 of the Minister of Agriculture and Rural Development

 

 

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation sets forth the procedures for drafting, reviewing, and issuing legal normative documents of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Regulation applies to civil servants and units under the Ministry of Agriculture and Rural Development (hereinafter referred to as units) in their work on drafting, reviewing, and issuing legal normative documents.

Article 3. Legal normative documents drafted by the Ministry of Agriculture and Rural Development as the main drafter or co-drafter

1. Legal normative documents of the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister:

a) Laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly;

b) Orders, decisions  of the President;

c) Resolutions, decrees of the Government; decisions, directives of the Prime Minister.

2. Legal normative documents of the Minister of Agriculture and Rural Development (hereinafter referred to as legal normative documents of the Minister):

Decisions, directives, circulars of the Minister of Agriculture and Rural Development.

3. Joint legal normative documents between the Ministry of Agriculture and Rural Development and other Ministries, ministerial-level agencies, Supreme People's Court, Supreme People's Procuracy, and political-social organizations (hereinafter referred to as joint legal normative documents):

a) Joint circulars between the Ministry of Agriculture and Rural Development and other Ministries, ministerial-level agencies, Supreme People's Court, and Supreme People's Procuracy;

b) Resolutions, joint circulars between the Ministry of Agriculture and Rural Development and central agencies of political-social organizations.

Article 4. Number, code, and format of legal normative documents

1. The number and code of legal normative documents shall be implemented in accordance with the provisions of Article 6 of the Law on Enacting Legal Normative Documents 1996, the Law Amending and Supplementing Certain Articles of the Law on Enacting Legal Normative Documents 2002 (hereinafter referred to as the Law on Enacting Legal Normative Documents), and Article 3 of Decree No. 101/CP dated September 23, 1997 of the Government detailing the implementation of certain articles of the Law on Enacting Legal Normative Documents.

2. The format of the document shall be implemented in accordance with the provisions of Vietnam Standard TCVN 5700:2002 (issued pursuant to Decision No. 20/2002/QĐ-BKHCN dated December 31, 2002 of the Minister of Science and Technology).

Article 5. Effective date and retroactive effect of legal normative documents

1. The effective date of legal normative documents is provided for in Article 75 of the Law on Enacting Legal Normative Documents.

2. The retroactive effect of legal normative documents is provided for in Article 76 of the Law on Enacting Legal Normative Documents.

Article 6. Sending and publishing legal normative documents of the Minister in the Official Gazette

1. The sending of legal normative documents of the Minister shall be carried out in accordance with the provisions of Article 27 of the Regulation on Work Procedures of the Ministry of Agriculture and Rural Development (issued together with Decision No.: 54/2004/QĐ-BNN dated October 28, 2004 of the Minister of Agriculture and Rural Development).

2. Within the shortest period of two (02) working days from the date of signing for issuance, the Office of the Ministry shall send two (02) original copies of the legal normative documents of the Minister along with the file to the Office of the Government for publication in the Official Gazette.

3. Within the shortest period of three (03) days from the date of signing for issuance, the Office shall send the legal normative documents of the Minister to the Department of Legal Review under the Ministry of Justice  and the Department of Legal Affairs for review within their authority.

4. The Office shall post the legal normative documents of the Minister on the Government's computer network and on the Ministry's website.

Article 7. Compliance with regulations on protecting state secrets

The sending, publishing in the Official Gazette, and disseminating information about legal normative documents of the Minister must comply with regulations on protecting state secrets.  ESTABLISHING A PLAN

PART II

PROGRAMMING

LEGISLATIVE DRAFTING

Article 8. Chapter on the Development of Regulatory Legal Documents

1. The legislative program of laws and ordinances of the National Assembly includes:

a) The legislative program of laws and ordinances for the term of the National Assembly;

b) The annual legislative program of laws and ordinances.

2. The program for developing resolutions and decrees of the Government every three months, six months, and annually.

3. The program for developing decisions and directives of the Prime Minister every three months, six months, and annually.

4. The program for developing decisions, directives, and circulars of the Minister every three months, six months, and annually, and joint resolutions and circulars.

Article 9. Responsibilities of units

1. Draft and submit to the Department the Preliminary Program for Developing Regulatory Legal Documents as stipulated in Article 8 of this Regulation within the scope of state management under their assigned responsibilities, including the following main contents for each document:

a) Preliminary Program for Developing Draft Laws and Ordinances:

Name of the document;

Necessity for issuance;

Subject and scope of regulation;

Main viewpoints and contents;

Leading drafting unit and participating drafting units;

Forecast of economic and social impacts;

Estimated resources to ensure implementation;

Conditions to ensure drafting;

Time of submission;

b) Preliminary Program for Developing Draft Resolutions and Decrees:

Name of the document;

Necessity for issuance;

Subject and scope of regulation;

Preliminary plan for organizing the drafting process;

Time of submission;

c) Preliminary Program for Developing Draft Decisions and Directives of the Prime Minister; Decisions, Directives, and Circulars of the Minister and joint regulatory legal documents:

Name of the document;

Necessity for issuance; subject and scope of regulation;

Preliminary plan for organizing the drafting process;

Time of submission.

2. Submit the Preliminary Program for Developing Regulatory Legal Documents to the Legal Affairs Department:

a) Preliminary Program for Developing Laws and Ordinances for the term of the National Assembly before June 30 of the year ending the term of the previous National Assembly session;

b) Preliminary Annual Program for Developing Laws and Ordinances before June 30 of the previous year;

c) Preliminary Annual Program for Developing Resolutions and Decrees of the Government before September 30 of the previous year;

d) Preliminary Annual Program for Developing Decisions and Directives of the Prime Minister; Decisions, Directives, and Circulars of the Minister; Joint Resolutions and Circulars before October 15 of the previous year.

Article 10. Responsibilities of the Legal Affairs Department

1. Guide, inspect, and urge units to draft and submit the Preliminary Program for Developing Regulatory Legal Documents.

2. Study and synthesize the Preliminary Programs for Developing Regulatory Legal Documents of units to draft the Preliminary Program for Developing Regulatory Legal Documents of the Ministry and submit it to the Minister for consideration and decision.

3. Organize scientific reviews of the outlines of draft regulatory legal documents when necessary.

4. Coordinate with the Office to send the Preliminary Program for Developing Regulatory Legal Documents of the Ministry to the Ministry of Justice and the Office of the Government:

a) Preliminary Program for Developing Laws and Ordinances for the term of the National Assembly no later than July 15 of the year ending the term of the previous National Assembly session;

b) Preliminary Annual Program for Developing Laws and Ordinances no later than July 15 of the previous year;

c) Preliminary Annual Program for Developing Resolutions and Decrees of the Government no later than October 15 of the previous year.

Article 11. Adjusting and supplementing the Program for Drafting Regulatory Legal Documents

In cases where it is necessary to adjust or supplement the Program for Drafting Regulatory Legal Documents, units must submit a written document every three months, six months, or annually, clearly stating the reasons for adjustment or supplementation to the Department of Legal Affairs for consolidation and submission to the Minister for consideration and decision, or to the competent authority for consideration and decision.

CHAPTER III

||| DRAFTING LEGAL INSTRUMENTS

Section 1

Drafting Regulatory Legal Documents

of the National Assembly, the Standing Committee of the National Assembly, the Government

Article 12. Establishing the Drafting Board

1. The drafting of regulatory legal documents by the National Assembly, the Standing Committee of the National Assembly, and the Government must necessarily establish a Drafting Board.

2. The unit assigned by the Minister to lead the drafting shall coordinate with the Department of Legal Affairs and the Department of Organization and Cadres to submit to the Minister for the decision to establish the Drafting Board.

3. The Drafting Board consists of:

a) Chairperson:

The Minister serves as the Chairperson for legislative projects, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly, and types of decrees specified in point b, clause 2, Article 56 of the Law on Enacting Regulatory Legal Documents;

A representative of the Ministry Leadership serves as the Chairperson for draft resolutions and decrees of the Government (excluding types of decrees specified in point b, clause 2, Article 56 of the Law on Enacting Regulatory Legal Documents);

b) Members are representatives of relevant agencies, organizations, experts, and scientists;

c) The number of members of the Drafting Board ranges from nine to eleven people, two-thirds of whom are  representatives of Ministries, sectors, agencies, and other organizations.

Article 13. Tasks of the Drafting Board

1. The tasks of the Drafting Board for legislative projects, ordinances, and draft resolutions of the National Assembly, the Standing Committee of the National Assembly are stipulated in Article 26 of the Law on Enacting Regulatory Legal Documents, specifically as follows:

a) Summarizing the implementation of laws, evaluating current regulatory legal documents related to the project or draft; surveying and assessing the actual social relations related to the main content of the project or draft;

b) Organizing research on information and materials related to the project or draft;

c) Preparing outlines, compiling, and revising the project or draft;

d) Organizing the collection of opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document within appropriate scope and form according to the nature and content of each project or draft;

đ) Preparing the report and related documents for the project or draft. The report must clearly state the necessity of promulgation, purpose, requirements, scope, objects, and main content of the project or draft, issues requiring guidance, and differing opinions;

e) Coordinating with relevant agencies and organizations to prepare drafts of detailed regulations and implementation guidelines;

g) In the drafting of legislative projects, ordinances, and draft resolutions, international treaties to which the Socialist Republic of Vietnam has acceded or joined must be taken into account.

2. The tasks of the Drafting Board for draft resolutions and decrees of the Government are stipulated in Article 61 of the Law on Enacting Regulatory Legal Documents, specifically as follows:

a) Summarizing the implementation of laws, evaluating current regulatory legal documents related to the draft; surveying and assessing the actual social relations related to the main content of the draft;

b) Organizing research on information and materials related to the draft;

c) Preparing outlines, compiling, and revising the draft;

d) Organizing the collection of opinions from relevant agencies, organizations, individuals, and direct subjects affected by the document within appropriate scope and form according to the nature and content of each draft;

đ) Preparing the report and related documents for the draft. The report must clearly state the necessity of promulgation, purpose, requirements, scope, objects, and main content of the draft, issues requiring guidance, and differing opinions;

e) Coordinating with relevant agencies and organizations to prepare drafts of detailed regulations and implementation guidelines.

3. In addition to fully implementing the provisions of Articles 26 and 61 of the Law on Enacting Regulatory Legal Documents, the Drafting Board also bears responsibilities stipulated in Article 15 of Decree No. 101/CP dated September 23, 1997 of the Government detailing certain provisions of the Law on Enacting Regulatory Legal Documents, specifically as follows:

a) Regularly reporting progress and quality of drafting legislative projects, ordinances, draft resolutions, and decrees to the Office of the Government and the Ministry of Justice;

b) Promptly seeking guidance from the Government and the Prime Minister on new and complex issues and differing opinions;

c) Ensuring the quality of drafting; the content of articles and clauses of the document must be clearly defined to ensure immediate implementation upon effectiveness.

If a legislative project or draft regulatory legal document requires detailed regulations or implementation guidelines, the Drafting Board is responsible for drafting or urging, inspecting, and guiding the agency assigned by the Government to draft such documents to submit them concurrently with the legislative project, ordinance, draft resolution, or decree to the Government.

Article 14. a safety and occupational health department Editorial Team

1. The Editorial Team assists the Drafting Board and is designated by the Chairperson of the Drafting Board. The leading unit for drafting coordinates with the Department of Legal Affairs and the Department of Organization and Cadres to submit to the Chairperson of the Drafting Board a list of Editorial Team members.

2. The Editorial Team consists of the Head of the leading unit for drafting as Team Leader and representatives from the Department of Legal Affairs, relevant units, agencies, organizations, and legal experts, scientists, and specialists knowledgeable in the subject matter of the project or draft as members.

3. The number of members of the Editorial Team is decided by the Chairperson of the Drafting Board, half of whom are representatives of Ministries, sectors, agencies, and other organizations.

Article 15. Responsibilities of the Leading Unit for Drafting

1. Assigning Leaders and staff to participate in the Drafting Board and Editorial Team according to the Minister's decision.

2. Developing outlines and plans for implementing the drafting of legislative projects and drafts. Preparing content and materials for meetings of the Drafting Board and Editorial Team.

3. Shall be responsible before the Minister and the Drafting Board Chairman for the content, quality of the draft project and the progress of implementation. Complete the draft project according to the decision of the Drafting Board Chairman.

4. Timely report and seek guidance from the Minister on new issues arising during the drafting process.

5. Ensure the operating conditions of the Drafting Board and the Editing Team until the document is issued.

6. Coordinate with the Legal Affairs Department to organize a summary and draw lessons from the construction of documents after they are issued.

Article 16. Responsibilities of the Legal Affairs Department

1. Appoint representatives to participate in the Drafting Board and the Editing Team according to the assignment of the Minister.

2. Chair or participate in drafting normative legal documents according to the assignment of the Drafting Board Chairman.

3. Provide legal opinions on draft projects and draft documents.

Article 17. The collective of the Ministry's Leadership shall discuss and provide opinions on draft projects and draft documents.

1. Draft laws, draft ordinances, draft resolutions of the National Assembly,  Standing Committee of the National Assembly, draft resolutions, decrees of the Government must be discussed and provided opinions by the collective of the Ministry's Leadership at a meeting of the Ministry's Leadership before the Minister makes a decision.

2. Procedure for reviewing and providing opinions on draft projects and draft documents at a meeting of the Ministry's Leadership:

a) The head of the unit primarily responsible for drafting presents the draft project, draft document, and matters requiring opinions;

b) The Legal Affairs Department Director presents the legal opinion on the draft project and draft document;

c) Representatives of invited units and individuals express their opinions;

d) The Ministry's Leadership discusses;

đ) The Minister concludes.

3. In case a meeting of the Ministry's Leadership cannot be organized, the unit primarily responsible for drafting shall coordinate with the Legal Affairs Department to send the draft project and draft document to the Ministry's Leadership for direct comments on the document and compile a report to the Minister.

Section 2

Drafting normative legal documents of the Prime Minister, Minister

and joint normative legal documents

Article 18. Responsibilities of the Leading Unit for Drafting

1. Coordinate with relevant units to organize research and drafting of documents.

2. Depending on the nature and content of each draft and considering it necessary, the head of the unit primarily responsible for drafting decides to establish an Editing Team.

3. Implement drafting in accordance with Article 65, Article 66, Article 74 of the Law on Issuing Normative Legal Documents and the following provisions:

a) Organize a review of the situation of law enforcement, survey and evaluate the current social relations, study information and materials domestically and internationally related to the draft;

b) Develop and submit for approval the outline. Depending on the nature and content of each draft, submit to the Minister for approval of the outline;

c) Proceed with drafting according to the approved outline;

d) Coordinate with the Legal Affairs Department to organize participation in the draft by relevant units. Depending on the nature and content of each draft, prepare the draft dossier to request opinions from Ministries, agencies equivalent to Ministries, agencies under the Government, People's Committees of provinces and centrally governed cities, and relevant organizations and individuals;

đ) Study, consolidate opinions, absorb and revise the draft.

Article 19. Responsibilities of the Legal Affairs Department

1. Monitor and urge the units primarily responsible for drafting to implement in accordance with the prescribed schedule.

2. Appoint representatives to participate in the Editing Team upon the request of the unit primarily responsible for drafting.

3. Coordinate with the unit primarily responsible for drafting to organize participation in the draft.

4. Timely report to the Ministry's Leadership on the implementation situation, difficulties and obstacles arising during the drafting of normative legal documents and recommendations for the Ministry's Leadership to consider and decide.

PART IV

REVIEW AND SUBMISSION

DRAFT NORMATIVE LEGAL DOCUMENTS

Section 1

Review draft normative legal documents of the National Assembly,

Standing Committee of the National Assembly, Government, Prime Minister

Article 20. Prepare and submit the draft dossier for the Ministry of Justice to review

1. Legal Affairs Department  primarily coordinate with the unit primarily responsible for drafting, the Editing Team to prepare the dossier for the draft law, draft ordinance, draft resolution of the National Assembly, Standing Committee of the National Assembly, draft resolution, decree of the Government, draft decision, directive of the Prime Minister (hereinafter referred to as the review dossier) to request the Ministry of Justice to review.

2. The review dossier submitted to the Ministry of Justice includes:

a) Letter requesting review;

b) Report of the Government, Prime Minister on the draft project, draft document signed by the Minister and stamped;

c) Draft project, draft document decided by the Minister to submit to the Government, Prime Minister for consideration;

d) Summary of opinions of Ministries, sectors, localities on the draft project, draft document;

đ) Detailed presentation about the draft project, draft document and draft documents detailing guiding implementation (if any).

3. The Legal Affairs Department  primarily coordinate with the unit primarily responsible for drafting, the Editing Team, the Office to submit the review dossier to the Ministry of Justice and supplement, complete the review dossier according to the requirements (if any) of the Ministry of Justice.

The number of review dossiers submitted for review is ten (10) sets.

Article 21. Study and adopt the review opinions of the Ministry of Justice

The Editing Team, the unit primarily responsible for drafting, and the Legal Affairs Department shall cooperate to study and adopt the review opinions of the Ministry of Justice to revise the draft project and draft document. In case there are differing opinions with the review opinions of the Ministry of Justice, timely report to the Drafting Board to report to the Government, Prime Minister for consideration and decision.

Section 2

Review draft normative legal documents of the Minister,

draft joint normative legal documents

Article 22. Reviewing agency

The reviewing agency for draft normative legal documents of the Minister, draft joint normative legal documents includes:

1. The Legal Affairs Department reviews draft normative legal documents of the Minister, draft joint normative legal documents drafted by other units.

2. The Reviewing Council (established by the Minister) reviews draft normative legal documents of the Minister drafted by the Legal Affairs Department.

Article 23.  Prepare and submit the review dossier

1. The unit primarily responsible for drafting prepares the review dossier and submits it to the reviewing agency.

2. The review dossier includes:

a) Letter requesting review (model 1 attached to this Regulation);

b) Report to the Minister on the draft;

c) Draft decided by the unit primarily responsible for drafting to submit to the Minister for consideration;

d) Summary of opinions on the draft.

Article 24. Receive and process the review dossier.

The reviewing authority shall accept, examine the review file and within two (02) working days from the date of receipt of the file, if the file does not contain all the required documents as stipulated in Article 23 of this Regulation, it must request the main drafting unit to supplement the file.

Article 25. Contents of evaluation

1. The necessity for promulgating the document.

2. The objects and scope regulated.

3. Consistency with the Party's guidelines and policies.

4. The constitutionality, legality, consistency, and synchronization of the draft within the current legal system and the feasibility of the document.

5. Compliance with international treaties to which the Socialist Republic of Vietnam has signed or acceded. Male 6. Drafting techniques and legal language of the draft.

7. Solutions for issues that still have differing opinions.

Review Organization of the Legal Department

Article 26. 1. Within a maximum period of seven (07) working days from the date of receiving complete files, the Legal Department must use its staff and civil servants to conduct research and complete the review process.

2. In cases where necessary, the Legal Department may organize participation in the review under the following forms:

a) Sending the review file to relevant units and individuals for their opinions;

b) Coordinating with the main drafting unit to organize meetings to seek opinions on the review with representatives of relevant units and individuals.

3. During the review process, the Legal Department

may request the main drafting unit to provide additional information and documents related to the content of the draft to clarify matters.  4. The Legal Department's review opinion follows Model 2 attached to this Regulation.

Review Organization of the Review Board

Article 27. 1. Within a maximum period of seven (07) working days from the date of receiving complete files, the Review Board must organize a review meeting chaired by the Chairman of the Board and complete the review process. Three (03) to five (05) days before the meeting, the Chairman of the Board sends the review file to the members of the Board for prior study.

2. Procedure for conducting the review meeting:

a) The Chairman of the Board presents the content of the draft;

b) Members of the Board discuss focusing on the contents prescribed in Article 25 of this Regulation;

c) The Board votes by majority on each type of issue (following Model 2 attached to this Regulation).

3. In case a meeting cannot be organized, the Chairman of the Board sends the review file to the members to solicit their review opinions. The Board's review opinion is decided by majority.

4. The Review Board's review opinion follows Model 2 attached to this Regulation.

Studying the review opinion, revising the draft

Article 28. 1. The review opinion of the reviewing authority is sent to the main drafting unit for further consideration, revision of the draft to submit to the Minister for examination and decision.

2. In case there are opinions different from the review opinion of the reviewing authority, the main drafting unit reports to the Minister for examination and decision.

Submitting the project, draft regulatory legal document

Section 3

Submitting the project, draft to the Government, Prime Minister

Article 29. 1. The Legal Department takes the lead and coordinates with the main drafting unit, the Office to prepare the project, draft for submission to the Government, Prime Minister.

2. The submission file includes:

a) A report to the Government, Prime Minister on the project, draft;

b) Project of Law, Ordinance; draft Resolution, Decree, Decision, Directive;

c) Opinions on the project, draft from relevant Ministries and sectors;

d) The Ministry of Justice's review opinion on the project, draft;

đ) Draft guiding documents (if any).

The number of submission files to the Government, Prime Minister is according to the requirements of the Government Office.

Submitting the draft Decision, Directive, Circular of the Minister, Resolution, Joint Circular

Article 30. 1. The main drafting unit prepares the submission file for the draft Decision, Directive, Circular of the Minister, Resolution, Joint Circular for the Minister's examination and issuance.

2. The submission file includes:

a) A report to the Minister on the draft;

b) Draft Decision, Directive, Circular;

c) Summary of opinions on the draft;

d) Review opinion of the reviewing authority;

đ) Opinions of co-signing agencies and organizations for joint Resolutions, Circulars.

ENSURING CONDITIONS FOR CONSTRUCTION

CHAPTER V

Conditions for construction of documents

LEGAL NORMATIVE DOCUMENTS

Article 31. The preparation of regulatory legal documents in accordance with the provisions of this Regulation must ensure the following main conditions:

1. There must be workplaces and meeting places linked to the main drafting agency.

2. Members of the Drafting Board and Editorial Team must dedicate appropriate time to the work of building projects and drafts. Heads of units with members of the Drafting Board and Editorial Team are responsible for arranging and providing time and creating conditions for members to complete their tasks.

3. Necessary financial resources and technical means.

Ensuring financial support for the construction of regulatory legal documents

Article 32. 1. Financial support for the construction of regulatory legal documents is implemented in accordance with Decision No. 69/2000/QĐ-TTg dated June 19, 2000 of the Prime Minister on the issuance of the Regulation on management and use of financial support for the construction of regulatory legal documents, which can be used for the following purposes:

a) Drafting work of regulatory legal documents: field surveys, inviting experts and collaborators; translation and preparation of materials; drafting, seminars, preparing documents; printing materials; other expenses (if any);

b) Work of introducing the content of Law and Ordinance projects, Government Decree drafts, and Prime Minister Decisions to solicit opinions from agencies, mass organizations, and the people;

c) Review and verification work;

d) Work of announcing laws and ordinances.

2. Sources of financial support for the construction of regulatory legal documents include:

a) State budget annually and balanced into the regular budget plan of the agency assigned to mainly construct regulatory legal documents, review, verification, organization of introduction, and announcement of documents;

b) Other sources of funds (grants, sponsorships from domestic and foreign organizations and individuals...).

3. Preparing budgets, using, and settling accounts for financial support for the construction of regulatory legal documents

3. Establishing the budget estimate, utilizing, and finalizing the budget for supporting the development of regulatory legal documents

a) Annually, based on the Program for Building Regulatory Legal Documents of the Ministry, the unit assigned to take the lead in building regulatory legal documents, reviewing, and examining shall introduce and publish the draft budget for supporting funds and send it to the Finance Department, the Office, and the Legal Department. The deadline for submitting the budget estimate coincides with the deadline for submitting the proposed Program for Building Regulatory Legal Documents.

b) The Finance Department shall take the lead and coordinate with the Office and the Legal Department to determine the level of support funding for each regulatory legal document to be included in the annual budget estimate of the Ministry and allocate it to units responsible for drafting regulatory legal documents.

Chapter VI

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 33. Awards

Units and individuals who achieve outstanding results in the work of building regulatory legal documents shall be considered for commendation in accordance with the provisions of the law on competition and rewards. The procedures and process for considering commendations shall be carried out in accordance with the current regulations of the Ministry.

Article 34. Handling Violations

Units and individuals violating the provisions of this Regulation and other laws on building regulatory legal documents shall be subject to disciplinary action or other forms of handling according to the nature and degree of violation as stipulated by law.

Chapter VII

IMPLEMENTATION

Article 35. Responsibility for Implementation

1. Heads of units are responsible for implementing this Regulation.

2. The Legal Department shall be responsible for guiding, urging, and inspecting the implementation of this Regulation by units.  In the process of implementing this Regulation, if encountering difficulties, units shall promptly report and propose solutions to the Ministry for handling and amending or supplementing.

Article 36. Amendment and supplementation of the Regulation

MODEL 1: REQUEST FOR REVIEW LETTER

 

name of the requesting unit

draft (name of the draft)

Dear Legal Department / Review Board,

 

Implementing the Regulation on Drafting, Reviewing, and Issuing Regulatory Legal Documents of the Ministry of Agriculture and Rural Development issued together with Decision No. …/2004/QĐ-BNN dated the …day of the …month of 200... of the Minister of Agriculture and Rural Development, (name of the requesting unit) hereby submits to your esteemed department/board the review file of the draft (name of the draft) and respectfully requests your department/board to examine the file and proceed with the review so that we may study and revise the draft based on your department's/board's review comments before submitting it to the Minister for consideration and decision.

The review file submitted to your department/board includes:

1. Request letter for review.

2. Report to the Minister regarding the draft.

3. Draft for the Minister's consideration.

4. Summary of opinions on the draft.

We look forward to your close cooperation.

(HEAD OF THE REQUESTING UNIT)

 

 

LEGAL DEPARTMENT / REVIEW BOARD

 

Dear (name of the drafting unit),

 

Implementing the Regulation on Drafting, Reviewing, and Issuing Regulatory Legal Documents of the Ministry of Agriculture and Rural Development issued together with Decision No. …/2004/QĐ-BNN dated the …day of the …month of 200... of the Minister of Agriculture and Rural Development;

In response to the letter No. ... dated the ... day of the ... month of 200... from (name of the drafting unit) requesting a review of the draft (name of the draft),

The Legal Department / Review Board has the following opinion:

1. On some general issues:

a) The necessity of issuing the document

b) The scope of regulation and applicability of the document

c) Consistency with the Party's policies and guidelines

d) Constitutionality, legality, consistency, and coherence of the document within the current legal system and its feasibility

đ) Consistency with international treaties to which Vietnam is a party

2. On some specific issues: Male a) Form and title of the document

b) Structure and layout of the document

c) Language and drafting techniques of the document and legal language

d) Issues with differing opinions and proposed solutions (if any)

The above is the Legal Department's review opinion on the draft (name of the draft). Please submit it to (name of the drafting unit) for study and revision of the draft to be submitted to the Ministry Leadership for consideration and decision./.

- To be filed with the Legal Department.

DIRECTOR OF THE LEGAL DEPARTMENT