Decision No. 890/QD-BNV Issuing the Regulation on Drafting, Reviewing, and Enacting Legal Normative Documents

Pursuant to …;

Issuing the Regulation on the Construction, Examination, and Issuance of Legal Normative Documents

___________________________

 THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to the Law on Legislative Regulatory Acts of 2008;

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

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

At the request of the Director of the Legal Department,

Pursuant to …;:

Article 1. The accompanying Decision issues the Regulation on the Construction, Examination, and Issuance of Legal Normative Documents.

Article 2. This Decision takes effect from the date of signing. This Decision replaces Decision No. 357/QĐ-BNV dated April 24, 2007 on the Regulation on Examining Draft Legal Normative Documents within the authority of issuance of the Minister of Home Affairs.

Article 3. Heads of the Legal Department, Director of the Ministry's Office, Heads of units under the Ministry, Head of the Governmental Religious Board, Head of the Central Board for Commendation and Awards, Head of the Governmental Official Communication Board, Director of the State Archives and Records Management Bureau shall be responsible for implementing this Decision./.

REGULATIONS

 Construction, Examination, and Issuance of Legal Normative Documents

(Issued together with Decision No. 890/QĐ-BNV dated June 3, 2009)

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Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the construction, examination, and issuance of legal normative documents (hereinafter referred to as documents) carried out by the Ministry of Home Affairs, not applicable to documents containing state secrets.

Article 2. Applicability

The Governmental Religious Board, Central Board for Commendation and Awards, Governmental Official Communication Board, State Archives and Records Management Bureau, and units under the Ministry (hereinafter referred to as units), organizations, and individuals related to the construction, examination, and issuance of legal normative documents assigned by the Ministry of Home Affairs to draft or coordinate in drafting shall implement this.

Article 3. Legal normative documents implemented by the Ministry of Home Affairs

1. Laws, resolutions of the National Assembly.

2. Ordinances, resolutions of the Standing Committee of the National Assembly.

3. Joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations.

4. Orders, decisions of

5. Decrees of the Government.

6. Decisions of

7. Circulars of the Minister.

8. Joint circulars of the Minister with another Minister, with the head of an agency at the ministerial level, with the Chief Justice of the Supreme People's Court, with the Procurator General of the Supreme People's Procuracy (hereinafter referred to as joint circulars).

Article 4. Principles of construction, examination, and issuance of legal normative documents

1. Ensuring the constitutionality, legality, consistency, and coherence of documents within the legal system; suitability with the authority and form of the document.

2. Adhering to the procedures and formalities for constructing, examining, and issuing documents.

3. Ensuring the feasibility of the document.

4. Ensuring transparency, objectivity, and scientificity.

5. Ensuring language and technical aspects of legal normative documents.

Article 5. Language of the document

1. The language used in the document is Vietnamese.

2. Language expression must be concise, accurate, common, easy to understand, and should not use ambiguous terms.

Article 6. Techniques for drafting documents

1. The document must directly specify the content to be regulated.

2. Not to make general provisions or repeat content already specified in other legal normative documents.

3. Format and presentation techniques must comply with legal regulations.

4. The document is structured into parts, chapters, sections, articles, clauses, points; narrow-scope documents are structured into articles, clauses, points; each part, chapter, section must have a title.

5. Not to establish a separate chapter on inspection, complaints, denunciations, commendations, and handling violations unless there is new content.

Chapter II

CHAPTER PROGRAM AND PLAN FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

SECTION 1.

 PROPOSALS ON THE PROGRAM TO DEVELOP LAWS AND ORDINANCES

Article 7. Proposals for developing laws and ordinances

1. Annually, no later than January 1 of the year preceding the year in which the proposals are to be submitted to the National Assembly, the Standing Committee of the National Assembly, and units proposing to the Minister shall submit annual and term programs for developing laws and ordinances within their respective areas of state management to the Legal Department for consolidation and submission to the Minister for consideration and decision.

2. Basis for proposing the development of legal documents:

a) Results from research and summarization of theoretical and practical issues within the scope of the Ministry's state management;

b) Requirements for state management and resolution of social issues within the Ministry’s jurisdiction that necessitate legal regulatory documents for regulation;

c) Ensuring fundamental rights and obligations of citizens;

3. The content of the requirements for proposing the program to develop laws and ordinances shall be carried out in accordance with the provisions of Decree No. 24/2009/NĐ-CP.

4. Responsibilities of units proposing the development of laws and ordinances.

a) Provide explanations on the proposal to develop laws and ordinances and preliminary impact assessment reports of the documents, following the provisions of Article 5 and Article 37 of Decree No. 24/2009/NĐ-CP;

b) Publish explanations on the proposal to develop laws and ordinances and preliminary impact assessment reports on the Ministry's and unit's websites (if available) for at least 20 days to allow relevant agencies, organizations, and individuals to provide feedback;

c) Organize the collection of opinions from relevant agencies, units, and organizations regarding the proposal to develop laws and ordinances through seminars, letters, online surveys, and other methods prescribed by law;

d) Lead and coordinate with related units to study and improve the proposal dossier based on received comments;

đ) Assist the Minister in preparing and submitting the proposal dossier for laws and ordinances to the Ministry of Finance for comments as required by law and send it to the Civil Servant - Public Official Department of the Ministry for comments on the expected human resources for implementing the laws and ordinances;

e) Complete the proposal dossier for laws and ordinances according to Article 4 of Decree No. 24/2009/NĐ-CP, and submit it to the Legal Department for consolidation and submission to the Minister for consideration and decision.

5. Responsibilities of the Legal Department.

a) Consolidate and prepare annual and term proposals for developing laws and ordinances related to the industry and sector under the Ministry's state management authority for submission to the Minister for consideration and decision;

b) In cases where necessary, organize meetings chaired by the Ministry's leadership with the participation of representatives from the Ministry of Justice, the Government Office, and the Ministry of Finance to provide comments on the proposals for developing laws and ordinances as stipulated in Clause 2, Clause 3 of this Article and as prescribed by law;

c) Assist the Minister in consolidating the proposals and submitting the proposal dossier for laws and ordinances to the Ministry of Justice for consolidation and submission to the Government for consideration and decision.

Article 8. Proposals to adjust the program for developing laws and ordinances

1. Adjustments to the program for developing laws and ordinances in the following cases:

a) Removing from the program draft laws and ordinances that are no longer necessary due to changes in economic and social conditions;

b) Adding to the program urgent projects for laws and ordinances based on the requirements of state management within the Ministry's jurisdiction;

c) Amending to ensure consistency with newly issued legal documents or to fulfill international commitments;

d) Adjusting the submission time due to delays in drafting the project;

đ) Adjusting the submission time due to insufficient quality of the draft;

e) Other reasons as prescribed by law.

2. In cases where the submission time is adjusted due to insufficient quality of the draft, the main drafting unit shall be responsible for preparing the dossier and memorandum of the Ministry to propose adjustments and submit it to the Legal Department for consolidation and submission to the Minister for consideration and decision;

In cases where the proposal is to remove from the program or adjust the submission time of the draft, the memorandum to the Prime Minister must clearly state the reasons, solutions, and implementation timeline;

3. Proposals to supplement the program for developing draft laws and ordinances shall be carried out according to the procedures stipulated in Article 7 of this Regulation.

Section 2

PROPOSALS TO ESTABLISH THE PROGRAM FOR DEVELOPING GOVERNMENT DECREE

Article 9. Proposal for drafting decrees

1. Each year, no later than July 1st of the previous year (the year the proposal is expected to be submitted to the Government), units under the Ministry shall submit proposals for drafting decrees within the scope of the Ministry's state management to the Department of Legal Affairs for consolidation and preparation of the annual program for drafting regulatory legal documents, to be reviewed and decided by the Minister.

2. Proposals for drafting decrees must be based on one of the following grounds:

a) Detailed regulations implementing laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; orders, decisions of

b) Measures to implement policies and issues within the authority to decide, manage, and direct of the Government;

c) Tasks, powers, organizational structures of Ministries, agencies at the level of ministries, government agencies, and other agencies under the Government’s authority;

d) Meeting the requirements of state management within the industry or field of state management under the Ministry's authority but not yet having sufficient conditions to draft into laws or ordinances.

3. Proposals for drafting decrees as stipulated in Points b, c, and d of Clause 2 of this Article must ensure the following requirements:

a) There must be research results and summaries of theoretical and practical experiences;

b) They must meet the operational requirements of the Government and address issues within the scope of state management of the industry or field of the Ministry according to its authority, which need adjustment through Government decrees;

c) They must ensure the implementation of citizens' rights and obligations;

d) They must assess the preliminary impact of basic policies and the main content of the document;

đ) They must be consistent with the Party and State's guidelines, policies, and directions;

e) They must be consistent with the commitments made in international treaties to which Vietnam is a member or may become a member;

g) They must clearly define the conditions for ensuring the enforcement of the decree;

h) They must ensure the feasibility of issuance.

4. Responsibilities of units proposing to draft decrees:

a) Submit explanations about the proposal for drafting the decree and a preliminary impact assessment report of the document to the Ministry's Information Center or the unit's center (if any) for publication on the Ministry's website for at least 20 days to allow relevant agencies, organizations, and individuals to provide comments;

b) After receiving the Minister's approval of the proposal, the unit assigned to lead shall organize the collection of opinions from related units on the proposal for drafting the decree, possibly through seminars, online surveys, or other methods prescribed by law;

c) Send the dossier of the proposal for drafting the decree to the Ministry of Finance and the Ministry of Foreign Affairs for their opinions as required by law, and send it to the Ministry's Civil Servant - Public Official Department for their opinion on the human resources needed to implement the regulatory legal document;

d) Lead and coordinate with related units to prepare the dossier of the proposal for drafting the decree to be sent to the Office of the Government and the Ministry of Justice, including:

- An explanation about the proposal for drafting the decree detailing the basis, purpose, basic policies, and main content of the document;

 - In cases where the proposal for drafting the decree is made according to Points c and đ of Clause 2 of this Article, it must also specify the necessity of issuing the document, the issues that need to be resolved, and the priority bases for issuance;

- A list of proposed decrees to be included in the program, including the name of the document, the drafting agency, and the time expected to submit to the Government;

- A preliminary impact assessment report of the document;

đ) Based on the received comments, lead and coordinate with related units to study and improve the dossier of the proposal for drafting the decree, send the dossier to the Ministry's Office for consolidation and submission to the Minister for review and decision before July 1st of the year, and simultaneously send it to the Department of Legal Affairs for consolidation to prepare the annual program for drafting regulatory legal documents to be signed and submitted to the Ministry of Justice and the Office of the Government;

e) Regularly report to the Ministry's Office every quarter, six months, and annually on the progress, difficulties, and challenges in drafting decrees, and submit ad hoc reports as required by the Ministry's leadership (simultaneously send to the Department of Legal Affairs for information);

5. Responsibilities of the Department of Legal Affairs:

a) Consolidate the proposals for drafting decrees from units to build the annual plan for drafting regulatory legal documents of the Ministry based on the proposals for drafting decrees from units;

b) If necessary, propose to the Ministry's leadership to organize meetings with units under the Ministry, with the participation of representatives from the Ministry of Justice, the Office of the Government, the Ministry of Finance, and other relevant agencies, to provide opinions on the proposals for drafting regulatory legal documents as prescribed by law;

c) Send the approved decree list to the Ministry's Office for consolidation and inclusion in the annual work program of the Ministry.

6. Responsibilities of the Ministry's Office:

a) Consolidate the proposals for drafting regulatory legal documents from units based on the Department of Legal Affairs' consolidation to prepare the annual work program of the Ministry for review and decision by the Minister. Assist the Minister in submitting to the Office of the Government and the Ministry of Justice as required by law;

b) Consolidate and report regularly every quarter, final reports, and ad hoc reports of the Ministry submitted by units according to the Ministry's work program.

Article 10. Request to adjust the program for drafting decrees

1. The procedures, formalities, and related contents for requesting to adjust the program for drafting decrees shall be carried out in accordance with the provisions of Articles 7 and 8 of this Regulation.

2. Units submit requests to the Legal Department to report to the Minister for consideration and decision on submitting to the competent authority for requesting to adjust the program for drafting decrees. The procedures, formalities, and related contents for requesting to supplement the program for drafting laws and ordinances shall be carried out in accordance with the provisions of Paragraphs 2 and 3 of Article 7 and Paragraphs 2 and 3 of Article 9 of this Regulation.

Section 3

REQUEST TO BUILD ORDERS AND DECISIONS OF THE STATE PRESIDENT, DECISIONS OF THE PRIME MINISTER

Article 11. Request to build orders and decisions of the State President; decisions of the Prime Minister

1. Annually, no later than July 1st of the previous year, units request to draft orders and decisions of the State President, decisions of the Prime Minister based on the following grounds:

a) Based on the provisions of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the division of work by the Government, the Prime Minister, or practical requirements of social relations within the scope of management of the industry or sector under the authority of the Ministry, the unit responsible for assisting the Minister in managing the industry or sector reports to propose the Minister to propose the Government to request to build orders and decisions of the State President;

b) Based on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President, decrees of the Government, division of work by the Government, the Prime Minister, or practical requirements of social relations within the scope of management of the industry or sector under the authority of the Ministry, the unit proposes the Minister to build decisions of the Prime Minister.

2. The proposing unit is responsible for implementing Clause 4 of Article 7 of this Regulation (except for the case of posting documents and draft texts of the State President on the electronic information website according to the decision of the State President).

3. The Office of the Ministry is responsible in accordance with the provisions of Clause 6 of Article 9 of this Regulation;

4. The Legal Department is responsible in accordance with the provisions of Clause 5 of Article 9 of this Regulation.

Article 12. Request to adjust the program for building orders and decisions of the State President; decisions of the Prime Minister

1. Requests to adjust the program for building orders and decisions of the State President; decisions of the Prime Minister shall be carried out in accordance with the provisions of Clause 1 of Article 8 of this Regulation.

2. The procedures, formalities, and related contents for requesting to supplement the program for building orders and decisions of the State President; decisions of the Prime Minister shall be carried out in accordance with the provisions of Article 10 of this Regulation.

3. The leading units proposing the request are responsible for preparing the dossier and the report of the Ministry to submit to the Prime Minister, the State President regarding the content of the request to adjust the program for drafting texts, clearly stating the reasons, directions for resolution, and the time of implementation.

4. The Legal Department is responsible for compiling the request to adjust the program for building orders and decisions of the State President; decisions of the Prime Minister to submit to the Minister for consideration and submission to the competent authority for consideration and decision.

SECTION 4

REQUEST TO BUILD CIRCULARS AND JOINT CIRCULARS OF THE MINISTER

Article 13. Proposing to draft circulars, joint circulars of the Minister

1. Annually (at the latest before July 1st), based on the provisions of laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees of the Government; decisions of the Prime Minister stipulating matters related to the administrative management authority of the Ministry or inter-Ministries, units according to their functions shall propose to draft circulars, joint circulars of the Minister.

2. Responsibilities of units proposing to draft circulars, joint circulars of the Minister:

a) Prepare explanations for the proposal to draft circulars, joint circulars, and prepare a preliminary impact assessment report of the document;

b) Publish explanations about the proposal to draft circulars, joint circulars on the Ministry's and unit's (if applicable) electronic information websites for at least 20 days to allow agencies, organizations, and individuals to provide comments;

c) Organize to collect opinions from relevant agencies, units, and organizations regarding the proposal to draft circulars, joint circulars through letters, collecting opinions via electronic information networks or other forms as prescribed by law;

d) Take the lead and coordinate with relevant units to study and perfect the proposal to draft circulars, joint circulars based on feedback received;

đ) Complete the proposal to draft circulars, joint circulars in accordance with legal regulations, submit to the Legal Department for consolidation and submission to the Minister for consideration and decision;

3. Responsibilities of the Legal Department:

a) Consolidate proposals to draft circulars, joint circulars sent by units to prepare the Ministry's legislative document drafting program, submit to the Minister for consideration and decision;

b) Provide comments on the necessity of proposals to draft circulars, joint circulars sent by units;

c) Send the list of the program to draft circulars, joint circulars of the Minister to the Ministry Office for consolidation and preparation of the Ministry's annual work program.

4. The Ministry Office has the responsibility:

a) To provide comments on proposals to draft circulars, joint circulars of units;

b) To consolidate the list of programs to draft circulars, joint circulars of the Minister sent by the Legal Department.

5. Units have the responsibility to provide comments on proposals to draft circulars, joint circulars of the Minister.

Chapter III

DRAFTING LEGISLATIVE DOCUMENTS

Section 1

DRAFTING LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY; ORDINANCES, RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Article 14. Establishing the Drafting Board

1. The Minister assigns a unit to take the lead in drafting the document within 30 days. The leading unit must be responsible for drafting the decision to establish the Drafting Board and send it to the Legal Department for comments before submitting it to the Minister for consideration and decision.

2. The composition of the Drafting Board as stipulated in Article 31 of the Law on Enacting Legislative Documents includes the Minister as the Chairman of the Drafting Board; other members include representatives of the Government Office, the Ministry of Justice, leaders of relevant agencies and organizations, experts, and scientists; the leader of the leading unit serves as a member tasked with secretarial duties for the Drafting Board. In necessary cases, the leader of the Legal Department may be invited to join the Drafting Board upon the direction of the Ministry leadership. Members of the Drafting Board must be knowledgeable about issues related to the project and draft and have the opportunity to fully participate in the activities of the Drafting Board. The Drafting Board will dissolve itself upon completion of its tasks.

Article 15. Duties of the Drafting Board

1. The Drafting Board shall organize the drafting process and be responsible for the quality and progress of drafting draft laws, ordinances, and resolutions.

2. Responsibilities of the Drafting Board:

a) Review and approve the outline of draft laws, ordinances, and resolutions;

b) Discuss fundamental policies and issues related to the content of the draft projects and proposals;

c) Discuss draft reports, submission papers, detailed explanations on draft projects and proposals; and the content of clarifications and incorporation of opinions from agencies, organizations, and individuals;

d) Ensure that the provisions of draft documents comply with the Party's guidelines, ensure their constitutionality, legality, consistency with the legal system, and feasibility.

Article 16. Duties of the Head of the Drafting Board

1. Decide on the activity plan of the Drafting Board.

2. Convene and chair meetings of the Drafting Board; in case the Head of the Drafting Board is absent, delegate a Deputy Head to chair the meeting.

3. Establish and direct the activities of the Editorial Team.

4. Organize meetings and seminars involving experts and scholars to discuss major issues and issues with differing opinions regarding the content of draft projects and proposals.

5. Report and present to the Prime Minister for comments on guiding thoughts in the development of draft projects and proposals, and on major issues with differing opinions among Drafting Board members regarding the content of draft projects and proposals.

6. Represent the Drafting Board in contacting relevant agencies and organizations to resolve issues related to the Drafting Board's tasks.

Article 17. Responsibilities of Drafting Board Members

1. Fully participate in Drafting Board meetings; in case of absence, report and submit written opinions to the Head of the Drafting Board, and appoint a suitable person with relevant expertise to attend the meeting.

2. Carry out assigned tasks according to the division of labor by the Head of the Drafting Board.

3. Regularly report and seek guidance from leadership on the content of draft projects and proposals.

Article 18. Editorial Team

1. The main drafting unit shall prepare a list of Editorial Team members, send it to the Legal Affairs Department for comments, and submit it to the Head of the Drafting Board for review and decision.

2. The Editorial Team Leader is the leader of the main drafting unit, the Legal Affairs Department, the Ministry Office, and other relevant units, agencies, and organizations who understand the specialized issues within the draft projects and proposals and have the conditions to fully participate in the activities of the Editorial Team. The Editorial Team operates under the direct guidance of the Head of the Drafting Board and automatically dissolves upon completion of its tasks.

Article 19. Responsibilities of the Main Drafting Unit

The main drafting unit shall assist the Minister in performing the following tasks:

1. Summarize the implementation of laws, evaluate current regulatory documents, conduct surveys and assess the status of social relations related to them;

2. Assess impacts and prepare impact assessment reports; the content of the report must clearly state the issues to be resolved, solutions to those issues, and the benefits of those solutions;

3. Study information, materials, international treaties, and agreements to which Vietnam is a party, and prepare relevant documents;

4. Organize the collection of opinions from relevant agencies, organizations, and individuals;

5. Study and incorporate opinions and reviews;

6. Prepare draft documents, submission papers, detailed explanations on draft projects and proposals; and reports clarifying and incorporating opinions from agencies, organizations, and individuals;

7. Publish draft documents, impact assessment reports, and related materials on the Government’s, Ministry’s, or unit’s (if applicable) electronic websites in accordance with legal regulations;

8. Prepare conditions to ensure the operation of the Drafting Board and the Editorial Team.

Article 20. Scientific Review

For draft laws or ordinances with complex contents or related to multiple sectors and fields of management and implementation subjects, where the issuance of the document significantly impacts economic and social conditions, after soliciting opinions from the Legal Affairs Department and the main drafting unit, the Minister decides to establish a Scientific Review Council. The tasks, authorities, organizational structure, and operational principles of the Scientific Review Council shall be decided by the Minister.

Section 2

DRAFTING OF GOVERNMENT DECREE

Article 21. On the Drafting Board, Head of the Drafting Board, Editorial Team, and Responsibilities of the Main Drafting Unit

1. When drafting a Government Decree, a Drafting Board must be established, and the Minister shall decide on this matter. Provisions regarding the Drafting Board, Head of the Drafting Board, Editorial Team, and responsibilities of the drafting unit shall be implemented according to Articles 14, 15, 16, 17, 18, and 19 of this Regulation.

2. Drafting joint resolutions of the Government as stipulated in Clause 1 of this Article.

Article 22. Drafting a Decree without a Higher-Level Legal Document as Basis for Issuance

In cases where drafting a decree does not meet the conditions to be developed into a law or ordinance, the main drafting unit, after consulting the Legal Affairs Department, shall have the responsibility to prepare files for the Minister's review and decision to coordinate with the Ministry of Justice and the Government Office to report to the Standing Committee of the National Assembly.

1. The documents include:

a) Draft decree;

b) The draft report of the Government to the Standing Committee of the National Assembly, authorized by the Minister.

c) Detailed explanatory memorandum and impact assessment report;

d) Report summarizing the enforcement of laws and evaluating the current social relations relevant to the main content of the draft;

đ) Other related documents as prescribed by law or if applicable.

2. Provisions regarding drafting a decree without a higher-level legal document as basis for issuance according to Article 21 of this Regulation.

Article 23. Drafting a Decree through Simplified Procedures

1. In cases meeting the conditions for drafting through simplified procedures as stipulated in Clause 2 of Article 75 of the Law on Issuing Legal Normative Documents, the assigned main drafting unit shall be responsible for:

a) Soliciting opinions from relevant agencies and organizations;

b) Compiling opinions from agencies, organizations, and individuals, along with accompanying letters of opinion;

c) Completing the draft and the report to the Government;

d) Submitting to the Minister for review and decision;

đ) Sending to the Ministry of Justice for examination as prescribed by law.

2. The Legal Affairs Department and related units shall be responsible for coordinating and providing opinions on the draft decree and the report submitted by the Ministry to the Government and Prime Minister at the request of the main drafting unit.

Article 24. Scientific Review

The implementation of scientific review for draft decrees shall be carried out similarly to the provisions of Article 20 of this Regulation.

Section 3

DRAFTING OF ORDERS AND DECISIONS OF THE STATE PRESIDENT; DECISIONS OF THE PRIME MINISTER

Article 25. Drafting Orders and Decisions of the State President

1. The main drafting unit for orders and decisions of the State President shall be responsible for implementing Clauses 1, 3, 4, 5, and 6 of Article 19 of this Regulation and preparing the draft report to the State President.

2. In cases where the State President decides to draft orders and decisions through simplified procedures, the assigned main drafting unit shall be responsible for drafting according to the State President's decision; in cases where the State President only decides on the principle of drafting orders and decisions through simplified procedures without specifying the procedural steps, the drafting process shall follow Clause 1 of Article 23 of this Regulation.

3. The drafting unit shall be responsible for hosting the publication of the draft document of the State President on the electronic information website as decided by the State President.

Article 26. Drafting Decisions of the Prime Minister

1. The leading unit responsible for drafting decisions of the Prime Minister shall be responsible for implementing Clauses 1, 3, 4, 5, 6, and 7 of Article 19 of this Regulation and preparing the draft proposal to submit to the Prime Minister.

2. In cases where the Prime Minister decides to draft decisions through a simplified procedure, the assigned leading unit shall be responsible for implementing the steps as prescribed in Clause 1 of Article 23 of this Regulation.

SECTION 4

DRAFTING CIRCULARS OF THE MINISTER

Article 27. Drafting Circulars of Ministers

1. The Minister assigns a unit to lead the drafting of Circulars; leads and coordinates with relevant Ministries and agencies in drafting joint Circulars with other Ministries; the assigned leading unit shall be responsible for implementing the steps as prescribed in Clauses 1, 3, 4, 5, 6, and 7 of Article 19 of this Regulation.

2. The Legal Department shall participate in providing opinions on draft Circulars and joint Circulars.

3. Relevant units shall be responsible for coordinating with the leading unit in drafting according to their functions, tasks, and leadership requirements.

Chapter IV

REVIEWING, SUBMITTING FOR SIGNATURE, ISSUING AND TRANSLATING LEGAL REGULATIONS IMPLEMENTED BY THE MINISTRY INTO FOREIGN LANGUAGES AND LANGUAGES OF MINORITY GROUPS

Section 1

SUBMITTING DOCUMENTS FOR REVIEW OF LAWS, RESOLUTIONS OF THE NATIONAL ASSEMBLY; ORDINANCES; RESOLUTIONS OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY; DECREES OF THE GOVERNMENT, DECISIONS OF THE PRIME MINISTER

Article 28. Submitting documents for review of laws and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly

The leading unit responsible for drafting shall prepare ten sets of documents to submit to the Ministry of Justice for review, including:

1. Proposal from the Government;

2. Draft document after incorporating opinions.

3. Detailed explanatory report and impact assessment report of the document.

4. Report summarizing the implementation of laws and evaluation of the current social relations related to the main content of the project or draft.

5. Summary table of opinions from agencies, organizations, and individuals regarding the content of the project or draft, copies of opinions from ministries and equivalent agencies, reports explaining and incorporating contributions to the project or draft.

6. Other documents as prescribed by law or if applicable.

Article 29. Submitting documents for review of decrees of the Government

The leading unit responsible for drafting shall prepare ten sets of documents to submit to the Ministry of Justice for review, implementing Article 28 of this Regulation except Clause 4.

Article 30. Submitting documents for review of decisions of the Prime Minister

The leading unit responsible for drafting shall prepare ten sets of documents to submit to the Ministry of Justice for review, including:

1. Draft proposal

2. Implement Clauses 2, 3, and 5 of Article 28 of this Regulation.

Section 2

REVIEWING CIRCULARS AND JOINT CIRCULARS

Article 31. Reviewing Circulars

1. The leading unit responsible for drafting the document shall be responsible for:

a) Inviting the Legal Department to participate in drafting activities;

b) Submitting the review documents to the Legal Department of the Ministry for review, including:

- A letter requesting review;

- Draft document after incorporating the final round of participation opinions and formal format;

- Draft proposal submitted to the Ministry leadership;

- Opinions from organizations, units, and individuals related to the content;

- Summary table and explanation of incorporated opinions from related agencies, units, and individuals, clearly stating unresolved issues and the opinion of the leading unit;

c) Providing information and materials related to the draft document upon request of the Legal Department;

d) Presenting the draft document when requested by the Legal Department;

đ) Cooperating with the Legal Department to study and incorporate amendments based on the advisory review meeting;

e) Providing written explanations to the Minister about incorporating or not incorporating review opinions (also sending the explanation to the Legal Department);

2. The Legal Department shall be responsible for:

a) Organizing reviews within the deadline and ensuring the quality of the review report;

b) Studying contents related to the draft;

c) Participating with the leading unit in field surveys concerning the draft content;

d) Requesting the leading unit to present the draft document;

đ) Requesting the leading unit to provide information and materials related to the draft;

e) Cooperating with the leading unit in the drafting process;

g) Submitting to the Minister for assignment of other units to cooperate in reviewing or organizing an advisory review meeting involving relevant agencies, units, experts, and scientists in cases where the draft has complex content.

3. Units shall be responsible for:

a) Assigning representatives with appropriate expertise to participate in the review as required by the Legal Department;

b) Providing information and materials related to the review as required by the Legal Department.

4. Within seven working days from receiving complete valid documents, the Legal Department shall be responsible for reviewing the document. If necessary, the Legal Department may conduct the review period under seven working days according to the leadership's directive (if the documents do not comply with regulations, the Legal Department requests the drafting unit to complete the documents but must specify the reasons). The review content includes:

a) The necessity of issuing the document, the subject, and scope of regulation of the draft;

b) The consistency of the draft content with the Party's guidelines, policies, and programs;

c) The constitutionality, legality, and consistency of the draft with the legal system and compatibility with international treaties to which our country is a member.

d) The feasibility of the draft document, including the compatibility between the provisions of the draft document and practical requirements, the level of social development, and conditions for implementation;

đ) Language and technical aspects of drafting the document.

Article 32. Review of Joint Circulars

The responsibilities of the Legal Affairs Department, the leading unit in drafting, and other units in reviewing the content of draft joint circulars within the scope of management under the Ministry shall be carried out in accordance with Article 31 of this Regulation.

Article 33. Advisory Review

1. The Legal Affairs Department shall submit to the Minister for consideration and decision on establishing an advisory review board when the draft circular under the authority to issue by the Minister has complex content.

2. The Deputy Minister in charge of legal affairs shall chair the meeting of the advisory review board, with participants being representatives from relevant units, agencies, and organizations.

3. The content of the advisory review meeting shall be conducted according to Clause 4 of Article 31 of this Regulation.

Section 3

SUBMISSION FOR SIGNATURE, ISSUANCE AND TRANSLATION INTO FOREIGN LANGUAGES AND MINORITY LANGUAGES

Article 34. Submission for Signature and Issuance of Regulatory Documents

1. Submission for signature of regulatory documents assigned by competent state authorities to the Ministry for drafting:

The submission for signature by the leadership of the Ministry and issuance of the document shall be carried out in accordance with the regulations of the Ministry and the laws.

2. Submission for signature of regulatory documents of the Minister for issuance is regulated as follows:

a) For Circulars of the Minister, the leading unit in drafting shall implement the procedures and formalities for submission for signature of the document in accordance with the general regulations of the Ministry on submission for signature of documents; the dossier submitted to the leadership of the Ministry includes:

- A report to the leadership of the Ministry;

- The draft that has been revised and supplemented after receiving the review opinion of the Legal Affairs Department;

- Opinions from relevant agencies, units, and individuals on the draft and a summary table of these opinions;

- The review opinion of the Legal Affairs Department;

- An explanation on the adoption of the review opinion of the Legal Affairs Department.

b) For draft Joint Circulars of the Minister, the leading unit in drafting shall be responsible for preparing the dossier for submission for signature by the leadership of the Ministry in accordance with Point a, Clause 2 of this Article; the procedures and formalities for submission for signature are as follows:

- Drafting the draft Joint Circular where the Ministry of Home Affairs is the leading drafting agency, the unit entrusted with the leading drafting shall submit to the leadership of the Ministry for examination and decision to sign the draft document after the leadership of the coordinating drafting agency signs the document first; the document will be numbered and issued at the Ministry;

- Drafting the draft Joint Circular where the Ministry of Home Affairs is the coordinating drafting agency, the unit entrusted with the coordinating drafting shall submit to the leadership of the Ministry for examination and decision to sign the draft document first; the document will be numbered and issued at the leading drafting agency;

Article 35. Translation of Documents into Foreign Languages and Minority Languages

1. The leading unit shall be responsible for:

a) Based on practical requirements and legal provisions, after obtaining the opinions of the International Cooperation Department and the Legal Affairs Department, the leading unit in drafting the document shall submit to the Minister for consideration and decision on translating documents within its scope of management in the industry and field under the Ministry's administrative management into foreign languages in accordance with legal provisions;

b) Assist the Minister in leading and coordinating with Vietnam News Agency to carry out the translation of documents within its scope of management in the industry and field under the Ministry's administrative management into foreign languages; lead and coordinate with competent agencies in translating into minority languages.

2. Units shall be responsible for coordinating with the leading unit in drafting the document in the translation of documents into foreign languages and minority languages.

Chapter V

IMPLEMENTATION

Article 36. Conditions for ensuring the construction, examination, and issuance of regulatory legal documents

1. Funding to ensure the work of constructing, examining, and issuing regulatory legal documents within the authority to issue of the National Assembly and the Standing Committee of the National Assembly,

2. Funding for examining regulatory legal documents within the authority to issue of the Minister as prescribed by law shall be taken from the source of funding for constructing regulatory legal documents.

3. The system for members participating in advisory examination meetings shall be implemented according to the system for constructing legal documents.

Article 37. Responsibilities for Implementation

1. The Legal Department shall be responsible for assisting the Minister:

a) Participating in activities related to drafting regulatory legal documents;

b) Compiling proposals from units sent to prepare the program for constructing regulatory legal documents of the Ministry;

c) Periodically every quarter, six months, and at year-end, assisting the Minister to compile reports submitted by units on the work of constructing, examining, and issuing regulatory legal documents as prescribed by law;

d) Organizing training to enhance policy analysis capabilities, planning programs for constructing regulatory legal documents; skills in drafting, impact assessment, soliciting opinions on draft documents; evaluating the implementation of regulatory legal documents;

đ) Annually organizing training to enhance knowledge and skills for staff involved in the work of constructing, examining, and issuing regulatory legal documents.

2. The Training Center for Cadres and Civil Servants shall be responsible for coordinating with the Legal Department to implement Points d and đ of Clause 1 of this Article.

3. The Information Center shall be responsible for ensuring continuous and complete information and legal database for the work of constructing, examining, and issuing regulatory legal documents.

4. The Planning and Finance Department shall be responsible for preparing the annual budget estimate for the work of constructing, examining, and issuing regulatory legal documents, including the budget reserve estimate to implement according to the Government's directives. The Prime Minister assigns additional funds to the Ministry to carry out the work of constructing, examining, and issuing regulatory legal documents and according to the directives of the Ministry's leadership, including the following contents:

a) Research and propose the drafting of legal documents;

b) Develop a draft program for drafting legal documents;

c) Investigate, research, and survey during the drafting of legal documents;

d) Drafting documents;

đ) Impact assessment of documents;

e) Organizing public opinion on project and draft documents;

g) Providing comments and examining draft documents;

h) Translating documents into foreign languages and ethnic minority languages;

i) Other provisions as prescribed by law.

5. The Ministry Office shall be responsible for:

a) Compiling proposals from units to develop the annual work program of the Ministry;

b) Allocating funding for the work of constructing, examining, and issuing regulatory legal documents of the Ministry: directly paying funding to units implementing the construction, examination, and issuance of regulatory legal documents;

c) Ensuring necessary conditions to serve the work of constructing, examining, and issuing regulatory legal documents;

d) Urging units to implement the Ministry's work program;

đ) Assisting the Minister in preparing relevant reports related to the program and work of the Ministry.

6. Units shall be responsible for:

a) Proactively coordinating with the Legal Department and other units to carry out the work of constructing, examining, and issuing regulatory legal documents;

b) Sending proposals and plans for constructing regulatory legal documents implemented by the Ministry of Home Affairs to the Legal Department to prepare the program for constructing regulatory legal documents of the Ministry;

c) Regularly reporting quarterly, semi-annually, annually, and ad hoc to the Minister on the work of constructing, examining, and issuing regulatory legal documents for the Legal Department to compile, submit to the Minister for consideration and decision;

d) Sending the Information Center relevant materials on the work of constructing, examining, and issuing regulatory legal documents for publication as prescribed by law; when the document is signed and approved, sending one copy with red seal for publication on the Ministry's electronic information network as prescribed by law;

đ) Proposing the preparation of the annual budget estimate for the work of constructing, examining, and issuing regulatory legal documents planned to be carried out by the unit.