Decision No. 90/2007/QĐ-BNN Issuing the Regulation on Drafting, Issuing, Checking, Handling, Reviewing, and Systematizing Legal Normative Documents of the Ministry of Agriculture and Rural Development

Pursuant to …;

Issuing the Regulation on Drafting, Issuing, Checking, Handling, Reviewing, and Systematizing Legal Normative Documents

of the Ministry of Agriculture

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 stipulating 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 Provisions of the Law on Enacting Legal Normative Documents dated December 16, 2002;

Pursuant to Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Enacting Legal Normative Documents;

Pursuant to Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on checking and handling 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 departments of Ministries, ministerial-level agencies, agencies under the Government, specialized agencies under provincial people's committees, and state-owned enterprises;

At the request of the Director of the Legal Department,

DECISION:

Article 1. Attached hereto is the "Regulation on Drafting, Issuing, Checking, Handling, Reviewing, and Systematizing Legal Normative Documents of the Ministry of Agriculture and Rural Development."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette, replacing Decision No. 73/2004/QĐ-BNN dated December 13, 2004 of the Minister of Agriculture and Rural Development on issuing the Regulation on Drafting, Reviewing, and Issuing Legal Normative Documents of the Ministry of Agriculture and Rural Development, Decision No. 26/2006/QĐ-BTS dated December 29, 2006 of the Minister of Fisheries on issuing the Regulation on Drafting, Issuing, and Implementing Legal Normative Documents, and Decision No. 11/2006/QĐ-BTS of the Minister of Fisheries on issuing the Regulation on Checking and Handling Legal Normative Documents.

Article 3. The Heads of the Legal Department, the Office Director, the Inspector General of the Ministry, Heads of Departments, Bureaus, agencies, organizations, and individuals related thereto are responsible for implementing this Decision.

 

REGULATIONS

Drafting, Issuing, Checking, Handling, Reviewing, and Systematizing Legal Normative Documents of the Ministry of Agriculture and Rural Development

(issued pursuant to Decision No. 90/2007/QĐ-BNN dated November 9, 2007 of the Minister of Agriculture and Rural Development)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation provides for the procedures, formalities, and responsibilities of agencies, organizations, and individuals in the following matters:

1. Drafting and issuing legal normative documents primarily drafted by the Ministry of Agriculture and Rural Development.

2. Participating in providing comments on draft legal normative documents sent for review by higher-level state agencies, ministries, sectors, and localities.

3. Checking and handling legal normative documents concerning agriculture and rural development; documents containing legal norms concerning agriculture and rural development but not issued in the form of legal normative documents or issued by entities without authority to do so (hereinafter referred to collectively as checking and handling documents).

4. Reviewing and systematizing legal normative documents concerning agriculture and rural development.

Article 2. Applicability

This Regulation applies to agencies, units, and individuals within the Ministry of Agriculture and Rural Development involved in drafting, issuing, checking, handling, reviewing, and systematizing legal normative documents.

Article 3. Legal Normative Documents

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

a) Issued by a state agency or person with authority in accordance with forms prescribed by law;

b) Issued according to procedures and steps prescribed by law;

c) Contains general rules of conduct applicable repeatedly to all subjects or groups of subjects, effective nationwide or in specific regions;

d) Guaranteed by the State for enforcement through measures prescribed by law.

2. Legal normative documents as provided for in this Regulation include:

a) Laws, Resolutions of the National Assembly; Ordinances, Resolutions of the Standing Committee of the National Assembly primarily drafted by the Ministry of Agriculture and Rural Development;

b) Resolutions, Decrees of the Government; Decisions, Directives of the Prime Minister primarily drafted by the Ministry of Agriculture and Rural Development;

c) Decisions, Directives, Circulars issued by the Minister of Agriculture and Rural Development;

d) Joint Circulars of the Minister of Agriculture and Rural Development with other Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, and joint Resolutions of the Minister of Agriculture and Rural Development with heads of central-level political and socio-political organizations;

e) Legal normative documents related to agriculture and rural development issued by other Ministers, Heads of ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees.

3. Documents containing legal norms as specified in point c of Clause 1 but lacking the elements prescribed in points a, b, and d of Clause 2 of Article 2 must be suspended from implementation and handled promptly in accordance with the law.

Article 4. Contents of Decisions, Directives, and Circulars Issued by the Minister of Agriculture and Rural Development

1. Decisions of the Minister stipulate the organization and operation of subordinate agencies and organizations; technical standards, procedures, regulations, and economic-technical norms regarding agriculture, forestry, salt industry, fisheries, water resources, dyke management, flood control, and storm prevention (collectively referred to as agriculture and rural development); measures to implement state management functions over agriculture and rural development and other assigned issues.

2. Directives of the Minister stipulate measures to guide, urge, coordinate, and inspect the activities of agencies and organizations in implementing legal normative documents issued by higher-level state agencies and the Ministry.

3. Circulars issued by the Minister to guide the implementation of provisions on agriculture and rural development assigned in laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; resolutions, decrees of the Government; decisions, directives of the Prime Minister.

Article 5. Format and technical presentation of regulatory legal documents

Format and technical presentation of regulatory legal documents according to Circular Joint No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Ministry of Home Affairs and the Office of the Government guiding format and technical presentation of documents and other relevant legal provisions.

Article 6. Sending regulatory legal documents and managing database

1. Sending regulatory legal documents

a) The leading unit responsible for drafting shall send the electronic record (file) of the regulatory legal document to the Legal Department within two days from the date of signing and promulgating the document.

b) The Legal Department is responsible for sending the file of the regulatory legal document to the Official Gazette, the Government's website, and updating it on the Ministry’s website, except for documents containing state secrets.

2. Managing the database system

The Legal Department is responsible for building and managing the database system serving the work of drafting, promulgating regulatory legal documents, inspecting, handling documents, and reviewing and systematizing regulatory legal documents.

Article 7. Reporting System

1. Monthly, quarterly, semi-annually, and annually, units entrusted with the main responsibility for drafting shall report to the Ministry (Legal Department) on the situation and progress of drafting regulatory legal documents before the 18th of each month, the 15th of the last month of each quarter, June 15, and December 10 each year.

2. Semi-annually and annually, units under the Ministry shall be responsible for reporting to the Ministry (Legal Department) on the work of systematizing, inspecting, and handling regulatory legal documents before June 15 and December 10 each year.

3. The Legal Department is responsible for summarizing and reporting to the Ministry, the Ministry of Justice, and other state agencies on the work of drafting, promulgating, inspecting, handling, reviewing, and systematizing regulatory legal documents as prescribed.

Chapter II

BUILDING AND PROMULGATING REGULATORY LEGAL DOCUMENTS

Section 1

ESTABLISHING THE PLAN FOR BUILDING REGULATORY LEGAL DOCUMENTS

Article 8. Basis for establishing the plan for building regulatory legal documents

1. Strategy for perfecting the legal system of the agricultural sector and rural development; strategy for the development of the sector.

2. Tasks of drafting and promulgating regulatory legal documents of the Ministry of Agriculture and Rural Development assigned in regulatory legal documents of higher-level agencies. Directives and management activities to implement the tasks of state administration of the Ministry.

3. Results of reviewing, systematizing, and inspecting regulatory legal documents.

4. Results of research and practical application summaries of laws.

Article 9. Plan for building regulatory legal documents

1. The plan for building regulatory legal documents includes:

a) Plan for building laws and ordinances during the term of the National Assembly, annually;

b) Plan for building resolutions, decrees of the Government, decisions, directives of the Prime Minister every six months, annually;

c) Plan for building regulatory legal documents within the authority to promulgate of the Minister of Agriculture and Rural Development every six months, annually.

2. The content and time for establishing the plan as stipulated in point a, b Clause 1 of this Article shall be implemented in accordance with Article 16 of Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Issuing Regulatory Legal Documents (hereinafter referred to as Decree No. 161/2005/NĐ-CP).

3. The plan for building regulatory legal documents within the authority to promulgate of the Minister of Agriculture and Rural Development includes the following main contents:

a) List of regulatory legal documents that need to be built;

b) Leading and coordinating units in drafting;

c) Schedule for submitting draft documents monthly.

Article 10. Responsibility for establishing the proposed plan

Responsibilities of Units

Units under the Ministry establish the proposed plan for building regulatory legal documents of their units in accordance with Article 9 of this Regulation and submit it to the Legal Department.

2. Responsibilities of the Legal Department

a) Guide and urge units under the Ministry to establish plans for building regulatory legal documents;

b) Examine the necessity and basis for establishing the plans of units, organize meetings with related units or seek opinions in writing to unify the plan for building regulatory legal documents;

c) Summarize the plans for building regulatory legal documents of units to establish the plan for building regulatory legal documents of the Ministry, submit it to the Minister for consideration and decision.

Article 11. Adjusting the program for drafting regulatory legal documents

1. Adjusting the program

a) Removing from the program: For projects and draft documents that are deemed to not ensure progress, quality of drafting, or are no longer necessary to be issued, the drafting unit shall submit a written proposal to the Legal Affairs Department for consolidation and reporting to the Minister to issue a written request to relevant authorities to remove such projects and draft documents from the program stipulated in point a, b Clause 1 Article 9 of this Regulation or decide to remove draft documents from the annual program for drafting regulatory legal documents within the Ministry's authority.

b) Adding to the program or adjusting the schedule: In cases where it is necessary to add projects and draft documents to the program or adjust the schedule for drafting regulatory legal documents, the drafting unit shall submit a written proposal to the Legal Affairs Department for consolidation and reporting to the Minister to issue a written request to relevant authorities to add or adjust the schedule for projects and draft documents in the program stipulated in point a, b Clause 1 Article 9 of this Regulation or decide to add or adjust the schedule for draft documents in the annual program for drafting regulatory legal documents within the Ministry's authority.

c) The Legal Affairs Department shall be responsible for notifying the results of adjusting the program for drafting regulatory legal documents of the Ministry to related units.

2. Time for adjustment

Quarterly, every six months, or at any time, units shall send written proposals to the Legal Affairs Department for consolidation and submission to the Minister for consideration and decision.

Article 12. Responsibility for implementing the program

1. The leading drafting unit for regulatory legal documents shall be responsible for the progress, content, and quality of the draft regulatory legal documents.

2. The Legal Affairs Department shall be responsible for monitoring and urging units to implement the program for drafting regulatory legal documents.

Section 2

||| DRAFTING LEGAL INSTRUMENTS

Article 13. Drafting regulatory legal documents of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister.

The drafting of regulatory legal documents of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister shall be carried out in accordance with the Law on Enacting Regulatory Legal Documents dated November 12, 1996, the Law Amending and Supplementing Certain Provisions of the Law on Enacting Regulatory Legal Documents dated December 16, 2002, Decree No. 161/2005/ND-CP, and Decision No. 03/2007/QD-TTg dated January 10, 2007 of the Prime Minister on Issuing the Regulation on Organization and Operation of the Drafting Board.

Article 14. Responsibilities of units in drafting regulatory legal documents of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister

1. Leading Unit for Drafting

a) Coordinate with the Legal Affairs Department to request the leadership of the Ministry to establish the Drafting Board and the Editorial Group;

b) Ensure conditions for drafting activities;

c) Coordinate and create conditions for the Drafting Board and the Editorial Group to organize drafting, revise project drafts, and prepare files;

d) Lead and coordinate with related agencies and units to prepare detailed regulations and guidance documents (if applicable).

2. Legal Affairs Department

a) Lead and coordinate with the Organizational Cadre Department and the leading drafting unit to request the establishment of the Drafting Board and the Editorial Group;

b) Appoint officials and civil servants to participate in the Drafting Board and the Editorial Group;

c) Guide and coordinate with the leading drafting unit to prepare the file for the draft document.

Article 15. Drafting regulatory legal documents within the authority of the Minister

1. Drafting Team

Based on the Ministry's plan for drafting regulatory legal documents, depending on the nature and content of each document, the head of the leading drafting unit decides to establish a Drafting Team including members from the leading drafting unit, the Legal Affairs Department, and other related agencies (if deemed necessary).

2. Responsibilities of the leading drafting unit

a) Review and systematize regulatory legal documents, survey and evaluate the implementation of related laws;

b) Study and collect relevant information and materials;

c) Organize drafting in cases where a Drafting Team is not established;

d) Direct and create conditions for the Drafting Team to operate if a Drafting Team is established;

đ) Organize and incorporate comments from relevant agencies, units, and individuals according to Article 16 of this Regulation;

e) Prepare the review file and the file for submission to the Minister according to Articles 20 and 23 of this Regulation.

3. Responsibilities of the Legal Department

a) Appoint officials and civil servants to participate in drafting;

b) Provide comments on draft documents when requested.

Article 16. Soliciting opinions on draft regulatory legal documents

1. Depending on the content and nature of each project and draft document, the leading drafting unit shall organize solicitation of opinions from relevant agencies, units, and individuals before review through the following methods:

a) Organizing meetings and seminars;

b) Soliciting opinions in writing;

c) Through the Ministry's website;

d) Organizing scientific critiques.

2. In cases where opinions are solicited through the method prescribed in point a Clause 1 of this Article, the draft document and necessary materials must be sent to representatives at least three working days before organizing a meeting or seminar, except in urgent drafting situations.

For projects and draft documents concerning the rights and obligations of enterprises, the leading drafting unit shall be responsible for sending them to the Vietnam Chamber of Commerce and Industry to solicit opinions.

3. In cases where opinions are solicited through the methods prescribed in points b and d Clause 1 of this Article, the draft document and necessary materials must be sent and published at least seven working days, except in urgent drafting situations.

Article 17. Consolidating opinions on draft regulatory legal documents

1. The leading drafting unit shall be responsible for consolidating, studying, and incorporating and explaining opinions on draft regulatory legal documents.

2. The consolidated opinion participation of agencies, units, and individuals must be included in the file for submitting the draft regulatory legal document.

Section 3

REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS

Article 18. Reviewing regulatory legal documents of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister

1. Preparing the review file

a) The leading unit responsible for drafting shall be responsible for preparing and perfecting the dossier for review to be sent to the Ministry of Justice for review in accordance with the Law on Enacting Legal Normative Documents dated November 12, 1996, the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents dated December 16, 2002, Decree No. 161/2005/NĐ-CP, and Decision No. 05/2007/QĐ-TTg dated January 10, 2007 of the Prime Minister promulgating the Regulation on Reviewing Draft Projects and Draft Legal Normative Documents.

b) The Legal Affairs Department shall be responsible for coordinating and guiding the leading unit in preparing the dossier for review.

2. The dossier for review includes:

a) A letter from the Ministry requesting a review of the draft document;

b) The draft report on the project and the draft concerning the issuance of the document, clearly stating the necessity, the drafting process, the main contents of the document, issues with differing opinions, and explanations on adopting comments;

c) The project and draft decided by the Minister to submit to the Government or the Prime Minister;

d) A summary of opinions from ministries, sectors, and localities regarding the project and draft, accompanied by copies of the comments;

đ) A detailed explanatory memorandum on the project and draft, accompanied by a draft document guiding implementation (if applicable).

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

4. Responsibility for explaining and adopting review comments

a) The leading unit responsible for drafting the document shall be responsible for submitting the dossier for review in accordance with Clause 2 of this Article and presenting the draft letter to the Ministry of Justice requesting a review; studying, adopting, and revising the project and draft, while providing written explanations on adopting review comments;

b) The Legal Affairs Department shall be responsible for coordinating with the leading unit in drafting explanations on adopting review comments.

Article 19. Review of legal normative documents within the authority to issue of the Minister

1. The Legal Affairs Department shall review or organize reviews of draft legal normative documents within the authority to issue of the Minister drafted by other units under the Ministry.

2. For draft legal normative documents assigned to the Legal Affairs Department for drafting and depending on the nature of each document, the Minister shall decide to establish a Review Board.

3. The Cadre and Civil Servant Organization Department shall be responsible for presenting to the leadership of the Ministry to decide on establishing a Review Board.

Article 20. Dossier for reviewing draft legal normative documents within the authority to issue of the Minister

1. The leading unit responsible for drafting shall send the dossier for review to the Legal Affairs Department including:

a) A letter requesting a review;

b) The draft report on issuing the document, clearly stating the necessity, the main contents of the document, issues with differing opinions, and explanations on adopting comments;

c) The draft document;

d) A summary of participation opinions from relevant agencies, organizations, and individuals and written comments (if any).

2. The number of dossiers submitted for review by the Legal Affairs Department is three (03) sets or equal to the number of members of the Review Board.

The Legal Affairs Department shall accept and check the dossier; if the dossier does not contain all the required documents as stipulated in Clause 1 of this Article, within two (02) working days from the date of receipt, it shall request the leading unit responsible for drafting to supplement and complete the dossier.

Article 21. Content and time limit for reviewing draft legal normative documents within the authority to issue of the Minister

1. The content of reviewing draft legal normative documents includes:

a) The necessity of promulgating the document;

b) Scope of application and regulated entities;

c) The constitutionality, legality, consistency, and coherence of the draft legal normative document within the current legal system;

d) The feasibility of the document;

đ) Drafting techniques and legal language of the draft legal normative document;

e) The handling plan for issues with differing opinions (if any);

g) Compliance with drafting procedures and processes.

2. The maximum time limit for reviewing draft legal normative documents is seven (07) working days from the date of receiving the dossier as stipulated in Clause 1 of Article 20 of this Regulation; in cases where a Review Board must be established, the maximum review period shall not exceed ten (10) working days, except in cases with valid reasons and approved by the Ministry's leadership.

Article 22. Legal value of review comments

1. Review comments must be studied and adopted by the leading unit responsible for drafting to perfect the document and provide explanations when there are different opinions, and report to the Minister.

2. Review comments are one of the documents in the dossier for signing and serve as a basis for the Minister to consider and decide to sign and issue the document.

Section 4

ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Article 23. Dossier for submitting draft legal normative documents

1. For draft documents submitted to higher authorities

a) The report after adopting review comments;

b) The draft document after receiving review comments;

c) The review document of the Ministry of Justice;

d) A report explaining the adoption of review comments;

đ) A summary of participation opinions from relevant agencies, units, and individuals;

e) The draft document detailing and guiding implementation (if any);

g) Other related documents (if applicable).

2. For draft legal normative documents submitted to the Minister for issuance

a) The document submission form;

b) The report to the Minister after adopting review comments;

c) The draft document after adopting review comments;

d) The review document of the Legal Affairs Department or the Review Board;

đ) A summary of participation opinions from relevant agencies, units, and individuals;

e) Other related documents (if any).

Article 24. Procedure for submitting draft legal normative documents to the Minister

1. The leading unit responsible for drafting shall be responsible for preparing the dossier for submission to the Minister.

2. The Office shall accept and check the dossier, format of the document, and submit to the Minister.

If the dossier or document format is not appropriate, the Office shall request the leading unit responsible for drafting to supplement and complete the dossier and resubmit within no more than two days from the date of receipt of the submitted dossier.

3. In addition to the provisions of Clauses 1 and 2 of this Article, the procedure for submitting to the Minister for signature must also comply with the regulations of the Minister of Agriculture and Rural Development on accepting, processing, and managing documents and information of the Ministry.

Article 25. Signing, issuing, and distributing legal normative documents

1. The signing and issuance of legal normative documents according to the regulations of the Minister of Agriculture and Rural Development on accepting, processing, and managing documents and information of the Ministry.

2. Within no more than two (02) working days from the date the Minister signs the issuance of the document or signs to submit to the Government or the Prime Minister, the Office shall print, number, stamp, and retain one original copy, and send the document to the Government, the Prime Minister, and related agencies as specified in the "recipients" section of the document.

Article 26. Publishing legal normative documents in the Official Gazette

1. Legal regulatory documents issued by the Ministry shall be published in the Official Gazette in accordance with the provisions of Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam and Circular No. 04/2005/TT-VPCP dated March 21, 2005 guiding the implementation of Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam for central Official Gazette activities.

2. The Office shall be responsible for sending two (02) original copies of the legal regulatory document to the Office of the Government (Official Gazette) within two (02) working days from the date of issuance for publication in the Official Gazette.

3. The Department of Legal Affairs shall be responsible for coordinating with the Official Gazette Room of the Office of the Government to check and compare to ensure that all legal regulatory documents issued by the Ministry are fully published in the Official Gazette.

Article 27. CORRECTION OF LEGAL REGULATORY DOCUMENTS

1. After issuing and publishing in the Official Gazette, if errors are discovered, they must be corrected in accordance with the provisions of Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam and Circular No. 04/2005/TT-VPCP dated March 21, 2005 guiding the implementation of Decree No. 104/2004/NĐ-CP.

a) If the error is the responsibility of the Ministry, the main drafting unit must prepare a Decision for correction to be signed by the Minister and sent to relevant agencies and the Official Gazette regarding the correction of the erroneous document;

b) If the error is the responsibility of the Office of the Government (Official Gazette), the Department of Legal Affairs shall be responsible for preparing a letter to be signed by the Minister requesting the Office of the Government to issue a correction document.

2. The correction of issued legal regulatory documents or those published in the Official Gazette must be based on comparison with the original document and must not change the content of the regulations in the original document.

Correction shall only apply to typographical errors or errors in the format and technical presentation of legal regulatory documents. Correction shall not apply to errors in the basis for issuance, authority, or content of legal regulatory documents.

In cases where legal regulatory documents contain errors in authority or content, such documents will be suspended from enforcement and dealt with promptly in accordance with the Law on Issuing Legal Regulatory Documents and Decree No. 161/2005/NĐ-CP.

Chapter III

PARTICIPATION IN THE REVIEW OF PROJECTS AND DRAFTS OF LEGAL REGULATORY DOCUMENTS SENT FOR COMMENT BY OTHER AUTHORITIES OR ORGANIZATIONS

Article 28. The responsibility of units under the Ministry assigned to lead the provision of comments on projects and drafts of legal regulatory documents.

1. Depending on the nature and content of each project or draft, send a letter requesting related units to provide written comments or organize a meeting for discussion if deemed necessary (accompanied by documents on the project or draft of the legal regulatory document).

2. Drafts submitted to the Ministry for comments shall be based on the comments provided by the unit itself and a summary of comments from other commenting units.

3. Ensure compliance with the time frame and quality requirements for comments.

Article 29. Responsibilities of units in providing comments on projects and drafts of legal regulatory documents

1. Organize research and provide written comments or dispatch staff to participate in meetings discussing projects and drafts of legal regulatory documents.

2. Ensure compliance with the time frame and quality requirements for comments provided by the unit.

3. If a unit requested for comments fails to submit a response within the specified period, it shall be considered to agree with the content of the project or draft of the legal regulatory document and shall bear responsibility before the Minister for its own responsibilities.

Article 30. Handling issues with differing opinions

For issues with differing opinions, the unit assigned to lead the provision of comments must study, compile, and explain issues with differing opinions and the unit's opinion to be presented to the Ministry's leadership for consideration and decision.

Chapter IV

INSPECTION AND HANDLING OF DOCUMENTS

Section 1

SCOPE AND CONTENT OF DOCUMENT INSPECTION

Article 31. Inspection of documents

The inspection of documents shall be carried out in accordance with the provisions of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on the inspection and handling of legal regulatory documents (hereinafter referred to as Decree No. 135/2003/NĐ-CP), Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of some articles of Decree No. 135/2003/NĐ-CP, and the provisions of this Regulation.

Article 32. Documents within the scope of inspection

1. Legal regulatory documents issued by the Minister of Agriculture and Rural Development; joint documents issued by the Minister of Agriculture and Rural Development together with other Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, and central agencies of political organizations.

2. Documents issued by the Minister of Agriculture and Rural Development containing legal regulations but not issued in the form of legal regulatory documents.

Documents having the format and content of legal regulatory documents or documents having a format that is not legal regulatory documents issued by the Heads of units under the Ministry of Agriculture and Rural Development containing legal regulations.

3. Legal regulatory documents containing provisions related to the field of state management of agriculture and rural development issued by the Minister, Heads of ministerial-level agencies, Provincial People's Councils, and Provincial People's Committees.

Article 33. Methods of inspecting documents

1. Self-inspection for documents stipulated in Clause 1 and 2 of Article 32 of this Regulation.

2. Inspection according to authority for documents stipulated in Clause 3 of Article 32 of this Regulation.

3. Inspection of documents upon receiving requests, suggestions, notifications from inspection authorities or other agencies, organizations, individuals, and mass media about documents issued by the Ministry that appear to violate laws or are no longer appropriate.

Article 34. Content of document inspection

1. Inspection of the constitutionality and legality of documents

a) Issued based on correct legal grounds;

b) Issued within the correct authority;

c) Contain content consistent with legal provisions;

d) Being issued in the correct format and presentation technique;

đ) The document complies fully with all regulations on procedures for drafting, issuing, and publishing in the Official Gazette, disseminating information, or announcing the document.

2. Reviewing the compatibility of the content of the document with economic and social development conditions and management requirements.

Article 35. Sending and receiving documents for review

1. For documents prescribed in Clause 1, Article 32 of this Regulation, within the latest three (03) working days from the date the document is signed and issued, in addition to sending the document to the Department of Legal Affairs under the Ministry of Justice and legal institutions of relevant ministries and sectors for review according to their authority, the main drafting unit shall be responsible for sending one (01) copy to the Department of Legal Affairs for self-review according to this Regulation.

2. For documents prescribed in Clause 3, Article 32 of this Regulation, within the latest three (03) working days from the date of receipt of legal normative documents sent by local ministries and sectors for review (if any), the Office of the Ministry shall be responsible for sending one (01) copy to the Department of Legal Affairs for review according to its authority.

3. In case of receiving notification from the competent authority for reviewing documents or receiving requests, suggestions, complaints about documents issued by the Ministry of Agriculture and Rural Development that show signs of violation of laws, within the latest two (02) working days, the receiving unit shall be responsible for sending the notification and related materials (if any) or a written notification regarding the content of the suggestion, complaint, or request to the Department of Legal Affairs.

4. Upon receipt of documents and materials as prescribed in Clauses 1, 2, and 3 of this Article, the Department of Legal Affairs shall be responsible for updating them into the "Logbook for Monitoring the Review of Legal Normative Documents" to organize the review process according to this Regulation.

Section 2

RESPONSIBILITIES FOR REVIEWING AND HANDLING DOCUMENTS

Article 36. Responsibilities of the Department of Legal Affairs

1. Building plans for reviewing documents within the scope of the Ministry's authority and organizing their implementation after approval.

2. Building and managing a team of reviewers for agricultural and rural development-related documents.

3. Taking the lead and coordinating with relevant units within the Ministry in examining and proposing measures to handle documents containing illegal content.

4. Monitoring the handling of documents containing illegal content

a) The Department of Legal Affairs shall be responsible for monitoring the results of self-reviews and handling of documents containing illegal content by the issuing agencies;

b) If beyond the time limit specified in point b, Clause 1, Article 20 of Decree No. 135/2003/ND-CP, the issuing agency does not review or handle the document or the handling result does not meet the requirements of the Minister of Agriculture and Rural Development, the Department of Legal Affairs shall be responsible for advising the Minister on further measures to handle documents containing illegal content according to the provisions of Clause 1, Article 16 of Decree No. 135/2003/ND-CP.

5. Summarizing, concluding, and reporting on the work of reviewing and handling documents as prescribed.

Article 37. Responsibilities of units under the Ministry

1. Reviewing and handling documents containing illegal content as prescribed in this Regulation within the scope of responsibility of the unit.

2. Summarizing, concluding, and reporting on the work of reviewing and handling documents as prescribed.

Article 38. Responsibilities of civil servants

Civil servants of units under the Ministry who discover documents containing illegal content, contradictions, overlaps, or no longer being appropriate must report to their Heads of Units; the Head of Unit who discovers such issues must report to the Minister while simultaneously notifying the Department of Legal Affairs to proceed with review and handling.

Article 39. Responsibilities of Heads of Units and individuals involved in drafting documents containing illegal content

1. Heads of units under the Ministry, civil servants who have advised on issuing documents containing illegal content shall bear responsibility according to the provisions of Article 8 of Decree No. 135/2003/ND-CP.

2. The procedure, process for considering and deciding on sanctions, and the form and degree of punishment for Heads of Units and civil servants who have advised on issuing documents containing illegal content shall be implemented according to the provisions of the law.

Section 3

PROCEDURE AND PROCESS FOR REVIEWING AND HANDLING DOCUMENTS WITHIN THE SCOPE OF SELF-REVIEW

Article 40. Procedure and process for review

1. If a document reviewed does not contain illegal content, the reviewer shall sign confirmation in the upper right corner of the document.

2. In case of discovering illegal content in a document, the reviewer must establish a "File on Documents Containing Illegal Content" including the following documents: inspection report of the document as prescribed, the document under review, and the legal basis for the review.

Article 41. Allocation of responsibilities for self-review

1. Legal Affairs Department

a) Leading the organization of reviews of documents prescribed in Clause 1, Article 32 of this Regulation;

b) Conducting self-reviews of documents drafted by the Department according to the procedures and processes stipulated in Article 40 of this Regulation and proposing forms of handling for documents containing illegal content;

c) Examining the results of self-reviews conducted by other units;

d) Notifying the main drafting unit about the illegal content in the document so that the unit can conduct self-review and propose handling measures based on the review results.

2. Main drafting unit

a) Leading the organization of reviews of documents prescribed in Clause 2, Article 32 of this Regulation and submitting reports on the results of self-reviews to the Department of Legal Affairs;

b) Providing files, materials, and explanations on issues related to the content of the reviewed document upon request of the Department of Legal Affairs within the latest five (05) working days from the date of receipt of the request;

c) Organizing self-reviews of documents within seven (07) working days from the date of receipt of the notification from the Department of Legal Affairs as prescribed in point d, Clause 1 of this Article;

d) Within the latest three (03) working days from the completion of self-review, the main drafting unit must notify the Department of Legal Affairs of the review results and handling measures for illegal content in the document (if any) for monitoring and coordination in handling.

Article 42. Organizing self-reviews for joint documents issued by the Ministry of Agriculture and Rural Development that contain illegal content.

In case of discovering contents contrary to the law in joint documents within the management domain of the Ministry of Agriculture and Rural Development, the Legal Department shall be responsible for coordinating with relevant units of participating agencies to jointly examine and review the entire content of the document, and on this basis report to the Minister the results of the examination and propose forms of handling.

Article 43. Forms of handling for documents containing contents contrary to the law and responsibilities in handling

1. For documents prescribed in Clause 1, Article 32 of this Regulation

a) In cases where the proposed form of handling is suspension, revocation, abolition of part or all of the content of the document, the Legal Department shall draft the decision on handling for submission to the Minister;

b) In cases where the proposed form of handling is amendment of part or replacement of all the content of the document, the main drafting unit shall draft the amended or replacement document. For complex issues requiring preparation time for the draft document, the main drafting unit must have a report to the Minister explaining the reasons and deadline for submitting the document.

The drafting and issuance of amended, supplemented, or replaced documents must comply with the provisions of the law on issuing normative legal documents and the regulations on drafting, reviewing, and issuing normative legal documents of the Ministry of Agriculture and Rural Development.

2. For documents mentioned in Clause 2, Article 32 of this Regulation, the main drafting unit of the document shall be responsible for drafting the handling document for submission to the Minister for signature to abolish or revoke the illegal document according to the law.

Article 44. Procedures for handling documents with clearly illegal contents

1. The Legal Department shall issue a notice and immediately organize a meeting with the main drafting unit to reach consensus on the illegal content of the document and propose forms of handling. If the document with illegal content is a joint document, representatives from the legal department or related units of the agency co-signing the document shall be invited to participate.

2. The Legal Department shall be responsible for reporting to the Minister the results of the inspection meeting along with the "File on Documents with Illegal Content" established according to the procedures stipulated in Clause 2, Article 40 of this Regulation and the draft decision on handling for the Minister's consideration and decision. The report must clearly explain the necessity to suspend enforcement or revoke, abolish part or all of the illegal document.

Article 45. Announcing and notifying the results of handling documents with illegal content

The announcement of the results of handling documents with illegal content shall be carried out as follows:

1. Decisions on handling normative legal documents with illegal content must be sent for publication in the Official Gazette or reported through mass media at the central level according to Article 9 of Decree No. 135/2003/NĐ-CP.

2. For documents prescribed in Clause 2, Article 32 of this Regulation, the handling document must be sent to the agencies, organizations, or individuals to whom the illegal document was previously sent, and also sent to the competent authority if the document was inspected and handled based on the notification of that agency. If the document has been published in the Official Gazette and reported through mass media, the handling document must also be sent for publication in the Official Gazette and reported through mass media according to Article 9 of Decree No. 135/2003/NĐ-CP.

3. The Legal Department shall take the lead and coordinate with relevant units to announce the results of handling documents with illegal content as specified in points a and b of this clause.

Article 46. Amending, supplementing, replacing, or abolishing documents with content no longer appropriate

1. For normative legal documents issued by the Ministry of Agriculture and Rural Development or jointly issued which no longer suit due to changes in economic and social conditions or when higher-level state agencies issue new documents, units assigned functions and tasks shall be responsible for studying and proposing to the Minister the amendment, supplementation, replacement, or abolition of the document according to Articles 10 and 11 of Decree No. 135/2003/NĐ-CP.

2. The drafting of amended, supplemented, or replaced documents shall be carried out in accordance with the Law on Issuing Normative Legal Documents and the regulations on drafting, reviewing, and issuing normative legal documents of the Ministry.

Section 4

PROCEDURES AND PROCEDURES FOR INSPECTION AND HANDLING OF DOCUMENTS WITHIN THE SCOPE OF INSPECTION ACCORDING TO AUTHORITY

Article 47. Organization of inspection and inspection procedures for documents

1. Upon receiving documents as stipulated in Clause 2, Article 35 of this Regulation, the Legal Department shall be responsible for organizing the inspection of the content of the document related to agriculture and rural development.

2. The procedures and procedures for inspecting documents shall be implemented according to the provisions of Clause 1, Article 40 of this Regulation. The inspection period shall be within twenty (20) working days from the date the Legal Department receives the document for inspection.

Article 48. Report on the Results of Checking Legal Violating Texts

In case of discovering texts with contents violating the law, within five (05) working days from the date of completing the check according to the deadline stipulated in Point b Clause 5 Article 36 of this Regulation, the Legal Department shall report to the Minister the results of the check along with the file on the text with contents violating the law, the report clearly stating: The name of the text being checked, the legal basis for the check, the opinion of the Legal Department, and the proposed form of handling.

Article 49. Notification Requesting the Issuing Authority to Self-Check and Handle Legal Violating Texts

The Legal Department prepares a notification requesting the issuing authority to self-check and handle texts that violate the provisions of the law on agriculture and rural development, to be submitted to the Minister for signature and sent to the authority that issued the text according to Article 20 of Decree No. 135/2003/NĐ-CP. The content of the notification is implemented according to the guidance at Point 6 Section III Circular No. 01/2004/TT-BTP guiding the implementation of some articles of Decree No. 135/2003/NĐ-CP.

Section 5

PROCEDURE AND PROCEDURES FOR CHECKING AND HANDLING TEXTS UPON REQUEST AND COMPLAINT

Article 50. Organization of Inspection and Inspection Procedures

1. Upon receiving the text as stipulated in Clause 3 Article 35 of this Regulation, the Legal Department has the responsibility to organize the inspection of the content of the text according to the notification of the competent authority and request, complaint, appeal, at the latest within five (05) working days from the date of receipt, the Legal Department sends a letter requesting the drafting unit to self-inspect and cooperate with the Legal Department to handle it.

2. The procedures and procedures for checking texts are carried out according to the provisions of Clause 1 Article 40 of this Regulation. The file on texts with contents violating the law, in addition to the documents mentioned in Point 2 Clause 2 Article 40, must also include the notification of the competent authority or the request, complaint, appeal of the organization, individual (if any).

Article 51. Organization of Joint Inspection

1. For texts with signs of violating the law according to the notification of the competent authority, within fifteen (15) working days from the date of receiving the notification, the Legal Department takes the lead, cooperates with the drafting unit and related units to clarify the contents violating the law of the text, while proposing the form of handling to submit to the Minister.

2. For requests, complaints, appeals of organizations and individuals regarding the text as stipulated in Clause 2 Article 32 of this Regulation, the drafting unit has the responsibility to self-inspect within ten (10) working days from the date of receiving the notification of the Legal Department as stipulated in Clause 1 Article 50 of this Regulation; at the same time, cooperate with the Legal Department to clarify the contents violating the law of the text and propose the form of handling to submit to the Minister within five (05) working days from the date of completing the self-inspection.

3. If the inspection results do not discover contents violating the law, the Legal Department will cooperate with the drafting unit to prepare a notification of the inspection results to submit to the Minister.

Chapter V

REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS

Article 52. Review and Systematization Process of Legal Normative Texts

1. Develop a plan for reviewing and systematizing legal normative texts.

2. Collect, compile, and classify legal normative texts.

3. Organize the review and systematization of legal normative texts.

4. Handle the results of reviewing and systematizing legal normative texts.

Article 53. Responsibilities of the Department of Legal Affairs

1. Develop a plan for reviewing and systematizing legal normative texts on agriculture and rural development and organize its implementation after approval.

2. Coordinate with units under the Ministry to conduct reviews of legal normative texts on agriculture and rural development and establish the following lists:

a) Annually

Establish a List of Legal Normative Texts that Need to be Amended and Supplemented

b) Every three years

- Establish a List of Legal Normative Texts Still in Effect;

- Establish a List of Legal Normative Texts Expiring, Abolished, Revoked, or Replaced by Other Texts;

3. Summarize the results of the review, report, and propose to the Minister solutions for handling the results of the review and systematization.

Article 54. Responsibilities of units under the Ministry

1. Within the scope assigned to oversee the review, systematization of regulatory legal documents and compile the lists as stipulated in Clause 2, Article 35 of this Regulation.

2. Summarize and submit the results of the review and systematization of regulatory legal documents within the area of responsibility to the Legal Affairs Department for consolidation and reporting to the Minister in accordance with regulations.

Article 55. Handling the results of the review and systematization of regulatory legal documents

1. For types of regulatory legal documents that have expired, been abolished, or revoked

a) For documents issued within the authority of the Minister: The Legal Affairs Department shall take the lead and coordinate with the drafting unit to complete necessary procedures to present to the Minister for announcement of expiration, abolition, or revocation;

b) For joint documents: The Legal Affairs Department shall exchange with relevant units under the issuing agency to complete necessary procedures to present to the heads of the agencies issuing the joint documents for consideration and decision;

c) For documents issued by higher-level state agencies or other agencies: The Legal Affairs Department shall present to the Minister a letter accompanied by a list of documents that have expired, clearly stating the reasons for expiration, and send it to the competent state agency issuing the document to request announcement of expiration, abolition, or revocation.

2. For regulatory legal documents requiring amendment, supplementation, or new establishment

a) For documents issued within the authority of the Minister: The Legal Affairs Department shall take the lead and coordinate with the drafting unit to unify proposals to include them in the Program for Establishing Regulatory Legal Documents to be presented to the Minister for consideration and decision;

b) For joint documents: The Legal Affairs Department shall exchange with relevant units under the issuing agency to complete necessary procedures to present to the heads of the agencies issuing the joint documents for consideration and decision;

c) For documents issued by higher-level state agencies: The Legal Affairs Department shall present to the Minister a letter clearly stating the reasons and requesting the competent state agency issuing the documents to organize amendments, supplements, or new issuance of the documents.

Chapter VI

IMPLEMENTING PROVISIONS

Article 56. Ensuring funding for the establishment, examination, inspection, review, and systematization of regulatory legal documents

Sources of funding for the establishment, examination, inspection, handling, and review and systematization of regulatory legal documents include:

1. Regular funding from the Ministry's budget and support funding for establishing documents by higher-level agencies.

2. Support funding from foreign projects (if any).

3. Research science funding, agricultural extension funding, fisheries extension funding (if any).

4. Other sources of funding (if any).

Article 57. Preparing budgets and allocating funds

1. The preparation, allocation, use, and settlement of accounts shall be carried out in accordance with Circular No. 100/2006/TT-BTC dated October 23, 2006, of the Ministry of Finance guiding the management and use of state budget funds to ensure the work of establishing regulatory legal documents, Joint Circular No. 109/2004/TT-BTC-BTP dated November 17, 2004, of the Ministry of Finance and the Ministry of Justice on guiding the management and use of funds to ensure the work of inspecting regulatory legal documents and other provisions of the law;

2. Units under the Ministry

Based on current laws, prepare budget estimates and submit them to the Legal Affairs Department and the Financial Department.

3. Legal Affairs Department

a) Compile the financial requirements for the above content and submit to the Financial Department;

b) Coordinate with the Financial Department to propose budget allocations for each unit after the Ministry of Finance has reviewed.

4. Financial Department

a) Compile the financial requirements into the overall annual budget of the Ministry to submit to the Ministry of Finance for review;

b) Take the lead and coordinate with the Legal Affairs Department and related departments to allocate budgets to units according to the approved figures by the Ministry of Finance.

Article 58. Rewards and Disciplinary Measures

Units, officials, civil servants under the Ministry of Agriculture and Rural Development, and cooperating entities that achieve notable results in drafting, promulgating, inspecting, handling, reviewing, and systematizing regulatory legal documents shall be rewarded according to the provisions of the law. Individuals and units that violate regulations will be subject to disciplinary measures according to the provisions of the law depending on the severity and consequences of their violations.

Article 59. Implementation

1. The Legal Department shall be responsible for guiding, monitoring, and urging the implementation of this Regulation.

2. Heads of units under the Ministry shall be responsible for coordinating with the Head of the Legal Department to organize guidance on the implementation of this Regulation within their respective units. During the implementation process, if any provisions of this Regulation are found to be inappropriate, units, officials, and civil servants must promptly report and propose solutions to the Legal Department for consolidation and submission to the Minister for decision./.