Decree No. 91/2006/NĐ-CP detailing the implementation of certain provisions of the Law on Enacting Legal Normative Documents of People's Councils and People's Committees

DECREE

Detailed implementation of certain provisions of the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees

1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice. of People's Councils, People's Committees

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;

At the proposal of the Minister of Justice.

DECREE:

Article 1. Scope of Regulation of this Decree

This Decree provides detailed implementation of certain provisions of the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees (hereinafter referred to as the Law).

Article 2. Regulatory Legal Documents of People's Councils and People's Committees

1. Regulatory legal documents of People's Councils and People's Committees as prescribed in this Decree must have all the following elements:

a) Issued by People's Councils in the form of resolutions, and by People's Committees in the form of decisions and directives;

b) Issued according to the procedures stipulated in the Law;

c) Contain general rules of conduct (legal norms), applicable repeatedly to all subjects or a group of subjects within the territorial scope;

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

2. Documents issued by People's Councils and People's Committees that do not have all the elements of regulatory legal documents as prescribed in Clause 1 of this Article shall not be considered regulatory legal documents and are not within the scope of regulation of this Decree, such as: resolutions on the removal or dismissal of People's Council deputies and other positions; resolutions approving election results of People's Council deputies and other positions; resolutions on the dissolution of People's Councils; resolutions on approving the structure of specialized agencies under provincial and centrally-administered city People's Committees, district, urban district, and provincial-level centrally-administered city People's Committees; resolutions on the establishment, merger, or dissolution of some specialized agencies under People's Committees; decisions establishing various committees, steering committees, councils, and provisional committees to perform tasks for a specified period; resolutions on the program for enacting resolutions of People's Councils; resolutions revoking or abolishing regulatory legal documents of People's Councils and People's Committees; resolutions on local total staffing levels; decisions on the program for enacting decisions and directives of People's Committees; decisions approving plans and development programs for specific sectors or administrative units; decisions allocating quotas to each agency or unit; decisions approving economic and social development plans for administrative units and sectoral plans; decisions on staffing levels for agencies and units; decisions on budget allocations for administrative management for each specialized agency under People's Committees, and similar documents to resolve specific cases involving specific subjects.

Documents issued by the Chairperson of People's Committees and heads of specialized agencies under People's Committees, such as: decisions establishing subordinate units under specialized agencies under People's Committees; decisions promulgating operational regulations for various councils, committees, steering committees, and provisional committees; decisions promulgating internal regulations for agencies and units; decisions on salary increases, rewards, punishments, and job transfers; decisions on appointment, removal, dismissal, resignation, temporary suspension from duty of civil servants; decisions on administrative violations; administrative guidance documents; documents guiding the organization and implementation of professional standards; documents launching campaigns, commending good people and deeds, and similar documents to resolve specific cases involving specific subjects shall not be considered regulatory legal documents.

3. Documents containing legal norms as prescribed in Point c but lacking the elements prescribed in Points a, b, and d of Clause 1 of this Article, such as circulars, notifications, telegrams, guidance documents, and other administrative papers, must be suspended from enforcement and dealt with promptly in accordance with the law.

Article 3. Effective date of normative legal documents of People's Councils and People's Committees as stipulated in Article 51 of the Law

1. Normative legal documents of People's Councils and People's Committees must clearly specify their effective date within the document. The determination of the effective date of normative legal documents of People's Councils and People's Committees, except for cases provided for in Clause 2 of this Article, shall be carried out according to the following principle:

a) The effective date of normative legal documents of People's Councils and People's Committees of provincial-level People's Councils and People's Committees (hereinafter referred to collectively as provincial-level People's Councils and People's Committees) must be at least 10 (ten) days from the date of adoption or issuance;

b) The effective date of normative legal documents of People's Councils and People's Committees of district-level People's Councils and People's Committees (hereinafter referred to collectively as district-level People's Councils and People's Committees) must be at least 7 (seven) days from the date of adoption or issuance;

c) The effective date of normative legal documents of People's Councils and People's Committees of commune-level People's Councils and People's Committees (hereinafter referred to collectively as commune-level People's Councils and People's Committees) must be at least 5 (five) days from the date of adoption or issuance;

d) For normative legal documents of People's Councils and People's Committees that require appropriate time for dissemination and popularization of the content to the implementing entities, or time for the public to update themselves on the document or to prepare conditions for its implementation, the effective date of the document may be later than the dates specified in points a, b, and c of this clause.

2. For normative legal documents of People's Committees at all levels that prescribe measures to address urgent and emergent issues as stipulated in Article 47 of the Law, the effective date of the document may start from the date of issuance and must be specifically stated in the document.

Article 4. Authority to sign normative legal documents of People's Councils and People's Committees as stipulated in Clause 3 of Article 29, Clause 3 of Article 32, Clause 4 of Article 34, Clause 3 of Article 40, Clause 3 of Article 44, and Clause 4 of Article 46 of the Law

1. The Chairman of the People's Council signs to authenticate normative legal documents of the People's Council. In the absence of the Chairman of the People's Council, the Vice-Chairman of the People's Council may sign on behalf of the Chairman.

2. The Chairman of the People's Committee signs on behalf of the People's Committee to issue normative legal documents of the People's Committee. In the absence of the Chairman of the People's Committee, the Vice-Chairman of the People's Committee may sign on behalf of the Chairman.

Article 5. Translation of normative legal documents of People's Councils and People's Committees into foreign languages as stipulated in Clause 3 of Article 6 of the Law

1. Normative legal documents of People's Councils and People's Committees may be translated into foreign languages.

2. The translation of normative legal documents of People's Councils and People's Committees into foreign languages must accurately reflect the content of the original document, and the wording in the translation must be precise.

3. The translation of normative legal documents of People's Councils and People's Committees into foreign languages only has reference value.

Article 6. The number, symbol, and format of normative legal documents of the People's Council and People's Committee are prescribed in Article 7 of the Law.

1. Normative legal documents of the People's Council and People's Committee must be numbered in sequence and marked according to the provisions of Article 7 of the Law.

2. Normative legal documents of the People's Council and People's Committee must be issued in accordance with the correct format, ensuring the following elements:

a) National emblem;

b) Name of the issuing authority;

c) Document number and symbol;

d) Place name and date of issuance of the document;

đ) Type of document and summary of the document's content;

e) Content of the document;

g) Position, full name, and signature of the authorized person;

h) Seal of the issuing authority;

i) Recipients.

Specific formats for each type of normative legal document of the People's Council and People's Committee shall be implemented in accordance with the guidance of the Minister, Head of the Government Office, and the Minister of Home Affairs regarding document format and related legal provisions.

Article 7. Publishing in newspapers and Official Gazette normative legal documents of provincial-level People's Councils and People's Committees as stipulated in Article 8 and Article 51 of the Law.

1. Normative legal documents of provincial-level People's Councils and People's Committees must be published in full text on a formal newspaper of the provincial Party Committee within the latest period of 5 (five) days from the date the People's Council passes or the Chairman of the People's Committee signs to issue.

The People's Council Office and the Provincial People's Committee Office are responsible for sending normative legal documents of the People's Council and People's Committee to news agencies for publication within the latest period of 3 (three) days from the date of passing or signing to issue. News agencies are responsible for publishing the documents within the latest period of 2 (two) days from the date of receipt of the normative legal documents of the People's Council and People's Committee.

2. Normative legal documents of provincial-level People's Councils and People's Committees must be published in the provincial Official Gazette within the latest period of 30 (thirty) days from the date the People's Council passes or the Chairman of the People's Committee signs to issue.

The Provincial People's Committee Office is responsible for organizing the publication in the provincial Official Gazette of normative legal documents of the same level People's Council and People's Committee.

3. Normative legal documents of provincial-level People's Councils and People's Committees sent for publication in newspapers and Official Gazette must be original copies.

Normative legal documents of provincial-level People's Councils and People's Committees published in the Official Gazette in accordance with Clause 2 of this Article have the same value as the original; they are official documents that can be used in cases where there are differences between the Official Gazette-published document and documents from other sources or when there are legal disputes.

4. Organizations, individuals violating the deadlines for publishing normative legal documents of provincial-level People's Councils and People's Committees in newspapers and Official Gazette, or the deadlines for sending normative legal documents for publication in newspapers and Official Gazette may be subject to handling according to the provisions of the law depending on the nature and degree of violation.

Article 8. Correcting normative legal documents published in newspapers and Official Gazette as stipulated in Article 8 and Article 51 of the Law.

1. The newspaper and Official Gazette authorities publishing normative legal documents of provincial-level People's Councils and People's Committees are responsible for ensuring the accuracy of the published normative legal documents.

If errors are found in normative legal documents after publication in newspapers and Official Gazette, they must be corrected:

a) If the error is the responsibility of the issuing authority, the head of that authority or someone authorized by the head of that authority signs the correction document;

b) If the error is the responsibility of the newspaper or Official Gazette authority, the head of that authority or someone authorized by the head of that authority signs the correction document.

2. Correction of normative legal documents of provincial-level People's Councils and People's Committees already published in newspapers and Official Gazette must be based on comparison with the original document and should not change the content of the original document.

Corrections are only made for typographical errors or errors in the format and presentation technique of normative legal documents. Corrections do not apply to errors in authority or content of normative legal documents.

In cases where normative legal documents contain errors in authority or content, such documents must be suspended from implementation and handled promptly in accordance with the law.

3. Correction documents must be published in newspapers and Official Gazette.

Article 9. Posting of normative legal documents of People's Councils and People's Committees at the district and commune levels as stipulated in Articles 8 and 51 of the Law

1. Normative legal documents of People's Councils and People's Committees at the district level must be posted no later than 3 (three) days from the date the People's Council passes or the Chairman of the People's Committee signs to promulgate. The posting period shall be at least 30 (thirty) consecutive days from the posting date.

Normative legal documents of People's Councils and People's Committees at the commune level must be posted no later than 2 (two) days from the date the People's Council passes or the Chairman of the People's Committee signs to promulgate. The posting period shall be at least 20 (twenty) consecutive days from the posting date.

2. Normative legal documents of People's Councils and People's Committees at the district and commune levels shall be posted at the office premises of the issuing authority. Normative legal documents of People's Councils and People's Committees at the district and commune levels may also be posted at the following locations according to the decision of the Chairman of the People's Committee at the same level:

a) District and commune cultural houses; cultural houses of villages, hamlets, wards, communities, neighborhoods;

b) Community education centers;

c) Commune-level postal and cultural stations;

d) Other concentrated residential areas.

3. The Office of the People's Council and People's Committee at the district level shall be responsible for posting normative legal documents issued by the People's Council and People's Committee at the district level.

Staff members of the commune-level Office shall be responsible for posting normative legal documents issued by the People's Council and People's Committee at the commune level.

The posting of documents must ensure that citizens have access to the entire content of the document.

4. The posted normative legal documents of People's Councils and People's Committees at the district and commune levels must be the original versions.

The posted normative legal documents of People's Councils and People's Committees at the district and commune levels are the official documents with binding effect in case there are differences between the posted document and the document from other sources or when there is a legal dispute.

5. Organizations, entities, and individuals violating the posting deadlines for normative legal documents of People's Councils and People's Committees at the district and commune levels may be subject to legal sanctions depending on the nature and severity of the violation.

Article 10. Announcing normative legal documents of People's Councils and People's Committees as stipulated in Clause 2 of Article 8 of the Law

1. Normative legal documents of People's Councils and People's Committees must be announced through mass media.

The Chairman of the People's Committee is responsible for organizing and directing the announcement of normative legal documents of People's Councils and People's Committees at the same level within their jurisdiction.

Organizations and entities announcing the documents shall base their announcements on the content and nature of the documents and the conditions and requirements of the locality, either by topic or the full content of the document.

2. Normative legal documents of People's Councils and People's Committees announced through mass media or published by publishers are only for reference purposes.

Article 11. Archiving normative legal documents of People's Councils and People's Committees as stipulated in Clause 4 of Article 8 of the Law

1. Normative legal documents issued by People's Councils and People's Committees must be archived in accordance with the laws on archiving.

Offices of People's Committees at all levels shall be responsible for organizing the archiving and classification of normative legal documents of People's Councils and People's Committees to facilitate document retrieval.

2. Organizations, entities, and individuals have the right to copy or photograph normative legal documents of People's Councils and People's Committees at the storage location and must pay the copying or photographing fees.

Article 12. Review and systematize regulatory legal documents of the People's Council and People's Committee as stipulated in Article 10 of the Law.

1. Regulatory legal documents of the People's Council and People's Committee must be regularly reviewed to timely examine and propose competent state agencies to suspend enforcement, amend, supplement, replace, revoke, or abolish such documents when:

a) The economic and social situation at the local level has changed or when a higher-level state agency promulgates new documents making the content of the regulatory legal documents of the People's Council and People's Committee no longer appropriate;

b) Information, requests, or proposals from agencies, organizations, or individuals regarding regulatory legal documents issued by the People's Council and People's Committee containing signs of contravention of laws, contradictions, overlaps, or no longer being appropriate are received.

2. Regulatory legal documents of the provincial People's Council and People's Committee shall be systematically reviewed every 5 (five) years according to topics or fields.

Regulatory legal documents of the district and commune People's Council and People's Committee shall be periodically systematized in accordance with the management requirements of the state at the local level.

3. The Chairman of the Provincial People's Committee is responsible for directing specialized agencies under the same-level People's Committee to review and systematize regulatory legal documents issued by the People's Council and People's Committee.

The Department of Justice takes the lead and coordinates with specialized agencies under the same-level People's Committee to review and systematize regulatory legal documents of the People's Council and People's Committee.

4. The Chairman of the district and commune People's Committee is responsible for organizing the review of regulatory legal documents issued by the same-level People's Council and People's Committee.

The Legal Affairs Office takes the lead and coordinates with specialized agencies under the same-level People's Committee to review regulatory legal documents of the People's Council and People's Committee.

The judicial-civil registry officer at the commune assists the same-level People's Committee in reviewing regulatory legal documents of the People's Council and People's Committee.

When organizing the review of regulatory legal documents, the Director of the Department of Justice, the Head of the Legal Affairs Office at the district level, and the judicial-civil registry officer at the commune level, if they discover documents containing signs of contravention of laws, contradictions, overlaps, no longer being appropriate, or provisions that need to be amended or supplemented, must promptly report to the same-level People's Committee Chairman to propose competent state agencies to suspend enforcement, amend, supplement, replace, revoke, or abolish such documents; and establish a list of regulatory legal documents of the People's Council and People's Committee that have ceased to be effective every six months to submit to the same-level People's Committee Chairman.

6. The Chairmen of People's Committees at all levels are responsible for:

a) Timely examining and issuing directives to handle the results of the review of regulatory legal documents of the People's Council and People's Committee upon receiving reports from the same-level judicial agencies;

b) Organizing the publication in the Official Gazette (for provincial level) or public posting (for district and commune levels) of lists of regulatory legal documents of the People's Council and People's Committee that have ceased to be effective.

Article 13. Establishment and approval of the program for drafting resolutions of the provincial People's Council as stipulated in Clause 2 of Article 21 of the Law.

1. The Committees of the People's Council, the Vietnam Fatherland Front Committee, the People's Court, the People's Procuracy, and the provincial-level People's Council deputies have the right to propose the drafting of resolutions of the provincial People's Council and submit such proposals to the provincial People's Council Office.

Specialized agencies under the provincial People's Committee have the right to propose the drafting of resolutions of the provincial People's Council and submit such proposals to the provincial People's Committee Office before October 1st each year.

Proposals for drafting resolutions must clearly state the necessity of issuing the document, the name of the document, the subject matter, the scope of regulation of the document, the main contents of the document, economic and social impact forecasts, financial and human resources to ensure implementation of the document, and the date of issuance of the document.

2. Within ten (10) days from the date of receipt of proposals for drafting resolutions from specialized agencies under the People's Committee, the provincial People's Committee Office shall take the lead and coordinate with the Department of Justice, the Department of Home Affairs, and the Department of Finance to draft a preliminary program for drafting resolutions of the People's Council and submit it to the People's Committee for decision.

The draft preliminary program must clearly state the name of the document, the subject matter, the scope of regulation of the document, the main contents of the document, economic and social impact forecasts, financial and human resources to ensure implementation of the document, and the date of issuance of the document.

The provincial People's Committee Office sends the preliminary program approved by the provincial People's Committee to the provincial People's Council Office before October 30th each year.

The provincial People's Council Office compiles all proposals for drafting the program; coordinates with the provincial People's Committee Office, the Department of Justice, and relevant Committees of the People's Council to draft the preliminary program.

The preliminary program must clearly state the name of the document, the subject matter, the scope of regulation of the document, the main contents of the document, the agency submitting the document, the agency reviewing the document, and the date of issuance of the document.

3. The provincial People's Council Office submits the preliminary program for annual resolution drafting to the Standing Body of the People's Council for consideration.

The preliminary program must be sent to the People's Council deputies at least five (5) days prior to the opening of the People's Council session.

4. The program for drafting resolutions of the People's Council is approved at the final session of the People's Council in the year. The content of the program must clearly state the name of the document, the agency submitting the document, the agency reviewing the document, and the date of issuance of the document.

5. The provincial People's Council Office sends the Resolution approving the program for drafting resolutions of the People's Council to the People's Council deputies, the People's Committee, and related agencies and organizations.

Article 14. Adjustment of the program for drafting resolutions of the provincial People's Council as stipulated in Clause 3 of Article 21 of the Law.

1. In cases where progress and quality of drafting are not ensured or the issuance of the document is deemed unnecessary, the agencies, organizations, and individuals specified in Clause 1 of Article 13 of this Decree may propose to remove the document from the program for drafting resolutions of the provincial People's Council.

Agencies, organizations, and individuals specified in Clause 1 of Article 13 of this Decree may also propose to include additional documents in the program for drafting resolutions of the provincial People's Council.

2. Agencies, organizations, and individuals proposing adjustments to the program for drafting resolutions of the provincial People's Council must submit a Report to the Standing Body of the People's Council, simultaneously sending it to the provincial People's Committee.

The content of the Report must clearly state the reasons for adjusting the program, and in cases where additional documents are proposed to be included in the program, the Report must clearly state the expected name of the document, the subject matter, the scope of regulation of the document, the main contents of the document, economic and social impact forecasts, financial and human resources to ensure implementation of the document, and the date of issuance of the document.

3. Based on the proposal to adjust the program for drafting resolutions and local management requirements, the Standing Body of the provincial People's Council will coordinate with the provincial People's Committee to adjust the program and report to the People's Council at the nearest session.

Article 15. Establishing the program to build decisions and directives of the provincial People's Committee as stipulated in Clause 1 and Clause 2 of Article 35 of the Law.

1. Specialized agencies under the provincial People's Committee have the right to propose the annual construction of decisions and directives of the provincial People's Committee and submit the proposal to the Office of the provincial People's Committee before December 1st of the previous year.

The proposal for building decisions and directives must clearly state the necessity of issuing the document, the name of the document, the subject and scope regulated by the document, the main contents of the document, economic and social impact forecasts, financial and human resources to ensure implementation of the document, and the time of issuance of the document.

2. Within ten (10) days from the date of receipt of the proposal for building decisions and directives, the Office of the provincial People's Committee shall take the lead and coordinate with the Department of Justice, the Department of Finance, and the Department of Home Affairs to draft the proposed program for building decisions and directives of the provincial People's Committee, and submit it to the same-level People's Committee for decision.

The proposed program must clearly state the necessity of issuing the document, the name of the document, the subject and scope regulated by the document, the main contents of the document, the drafting agency of the document, and the time of issuance of the document.

3. The program for building decisions and directives of the provincial People's Committee is approved at the January meeting of the People's Committee each year. The content of the program must clearly state the name of the document, the leading drafting agency, the coordinating drafting agencies, and the time of issuance of the document.

4. The Office of the provincial People's Committee sends the Decision on the program for building decisions and directives of the provincial People's Committee to members of the People's Committee, relevant agencies, and organizations.

Article 16. Adjusting the program to build decisions and directives of the provincial People's Committee as stipulated in Clause 3 of Article 35 of the Law.

1. In cases where it is deemed that the progress and quality of drafting are not guaranteed, or the issuance of the document is unnecessary, or due to the emergence of a need to issue a document, the agency that proposed the construction of decisions and directives of the provincial People's Committee and other agencies under the People's Committee may propose to remove the document from the program for building decisions and directives of the provincial People's Committee or supplement the document into the program.

2. The agency proposing to adjust the program for building decisions and directives of the provincial People's Committee must prepare a Report to the People's Committee and submit it to the Office of the People's Committee.

The content of the report must clearly state the reasons for adjusting the program, and in cases where a document is proposed to be supplemented into the program, the report must clearly state the expected name of the document, the subject and scope regulated by the document, the main contents of the document, economic and social impact forecasts, financial and human resources to ensure implementation of the document, and the time of issuance of the document.

3. Based on the proposal to adjust the program for building decisions and directives and local management requirements, the Office of the People's Committee shall take the lead and coordinate with the Department of Justice and related agencies to draft adjustments to the program and submit it to the People's Committee for decision at the nearest meeting.

Article 17. Drafting the draft resolution of the People's Council, decision, and directive of the provincial and district People's Committees as stipulated in Articles 22, 30, 36, and 41 of the Law.

1. The leading agency drafting the resolution of the People's Council, decision, and directive of the provincial and district People's Committees shall have the following responsibilities:

a) Surveying and evaluating the current social relations in the locality related to the draft; studying the Party's guidelines, policies, and documents from higher-level state agencies;

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

c) Preparing the outline, compiling, and revising the draft; identifying the documents, articles, clauses, and points that need to be amended, supplemented, replaced, abolished, or repealed;

d) Organizing the collection of opinions from relevant agencies, organizations, individuals directly affected by the document within the scope and in the form prescribed in Clause 3, Article 23 of this Decree, depending on the nature and content of the draft; collecting and studying the opinions to revise the draft;

đ) Preparing the Memorandum and related documents for the draft. The Memorandum must clearly state the necessity of issuing the document, the process of drafting the draft, the main contents of the draft, issues requiring guidance, and issues with differing opinions;

e) Explaining and adopting the opinions of the reviewing agency when the document must be reviewed according to the regulations;

2. The head of the leading agency drafting the resolution, decision, and directive of the People's Council, provincial, and district People's Committees shall be responsible for:

a) Being accountable before the Standing Committee of the People's Council and the Chairman of the People's Committee regarding the quality of the draft and the progress of drafting;

b) Organizing the drafting plan; organizing meetings and discussions on the draft;

c) Directing the preparation of the outline, drafting, and revising the draft;

d) Regularly reporting to the Standing Committee of the People's Council and the Chairman of the People's Committee on the progress of drafting the draft and promptly seeking opinions on issues with differing opinions and issues arising during the drafting process;

đ) Based on the content of the draft, deciding to publish the draft on local mass media or on the province's electronic information website for agencies, organizations, and individuals to participate in providing opinions;

e) Directing the adoption of opinions on the draft;

3. In cases where the document involves complex content or relates to multiple sectors and fields, adjusting new issues, the head of the leading agency drafting the resolution, decision, and directive of the People's Council, provincial, and district People's Committees may establish a Drafting Team.

In cases where the document is submitted by the People's Committee, the Drafting Team consists of representatives from the unit assigned to lead the drafting as the Head of the Drafting Team and members being representatives from judicial agencies and relevant specialized agencies under the People's Committee.

In cases where the document is not submitted by the People's Committee, the Drafting Team consists of representatives from the agency or organization leading the drafting as the Head of the Drafting Team and members being representatives from judicial agencies and relevant Committees of the People's Council.

When necessary, the head of the leading agency may invite experts and representatives from political-social organizations and related social organizations to join the Drafting Team.

4. The Drafting Team shall perform the following tasks:

a) Evaluating existing legal normative documents related to the draft; surveying and evaluating the current social relations related to the main content of the draft;

b) Studying information and materials related to the draft;

c) Building the outline, compiling, and revising the draft;

d) Preparing the memorandum and related documents for the draft.

5. The Drafting Team shall dissolve itself and cease operations when the draft is approved by the People's Council and the People's Committee.

Article 18. The process for the People's Committee at the provincial and district levels to examine and decide on submitting draft resolutions to the People's Council at the same level as prescribed in Clause 1, Article 26 and Clause 3, Article 30 of the Law.

1. The People's Committee at the provincial and district levels shall be responsible for collectively examining and discussing to decide on submitting draft resolutions to the People's Council at the same level that are proposed by the People's Committee according to the following procedures:

a) The agency or organization assigned to draft the resolution presents the draft resolution;

b) A representative from the agency conducting the review presents the review report;

c) Members of the People's Committee discuss;

d) The drafting agency revises the draft based on the opinions of the members of the People's Committee;

đ) Members of the People's Committee vote to approve the draft.

2. The draft resolution is decided by the People's Committee to submit to the People's Council at the same level when more than half of the total number of members of the People's Committee vote in favor.

Article 19. Responsibilities of the Provincial People's Committee in providing comments on draft resolutions of the People's Council at the same level as prescribed in Clause 2, Article 26 of the Law.

1. The Provincial People's Committee shall be responsible for providing written comments on draft resolutions of the Provincial People's Council that are not proposed by the People's Committee.

2. After receiving the draft resolution dossier, the Chairman of the Provincial People's Committee assigns a specialized agency under the People's Committee to prepare comments on the draft resolution.

3. The head of the specialized agency under the Provincial People's Committee assigned to prepare comments organizes feedback on the draft resolution according to the content stipulated in Clause 3, Article 24 of the Law; acting on behalf of the Chairman of the People's Committee, signs the feedback document and sends it to the agency proposing the draft resolution within the specified time limit.

Article 20. Reviewing draft resolutions of the Provincial and District People's Councils as prescribed in Articles 27 and 31 of the Law.

The Committees of the Provincial and District People's Councils review draft resolutions of the People's Council at the same level according to the procedures stipulated in Article 36 of the Operational Regulations of the People's Council issued together with Resolution No. 753/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly.

Article 21. Examination of draft resolutions of the Provincial People's Council, decisions, directives of the Provincial and District People's Committees as prescribed in Articles 24, 38, and 42 of the Law.

1. For draft resolutions of the Provincial People's Council proposed by the Provincial People's Committee, and draft decisions and directives of the Provincial and District People's Committees, the Provincial and District People's Committees will only examine them if there is a review document from the judicial agency at the same level.

The examination of draft resolutions, decisions, and directives must ensure objectivity and comply with the examination procedures and formalities as prescribed by the Law.

2. In the examination of draft resolutions of the Provincial People's Council, decisions, and directives of the Provincial and District People's Committees, the agency assigned to lead the drafting has the responsibility:

a) To invite the reviewing agency to participate in the drafting process;

b) To submit complete examination files as prescribed in Clause 2, Article 24 of the Law;

c) To provide necessary information and materials related to the draft upon request of the reviewing agency;

d) To present the draft when requested by the reviewing agency.

3. Upon receiving complete examination files, the Department of Justice, Legal Office is responsible for organizing the examination of the draft according to the scope prescribed in Clause 3, Article 24, Clause 3, Article 38, and Clause 1, Article 42 of the Law.

The Department of Justice, Legal Office may request the leading drafting agency to present the content of the draft resolution, decision, directive, and provide relevant information and materials.

During the organization of the examination, the Department of Justice, Legal Office may invite lawyers and experts familiar with the professional issues involved in the draft to participate in the examination.

4. After receiving the examination report, the leading drafting agency is responsible for studying and adopting the opinions of the reviewing agency, revising the draft, and preparing the Official Report to submit to the People's Committee, while sending it to the Department of Justice and the People's Committee Office (for the provincial level), Legal Office and the People's Council, People's Committee Office (for the district level).

Article 22. Drafting resolutions, decisions, directives of the People's Council and People's Committee at the commune level as stipulated in Articles 33 and 45 of the Law

1. The draft resolution of the Commune People's Council, decisions, and directives of the Commune People's Committee shall be assigned and directed by the Chairman of the Commune People's Committee to prepare.

2. Based on the nature and content of the draft resolution, decision, or directive, the Chairman of the Commune People's Committee shall organize the collection of opinions and incorporate the opinions of relevant agencies, organizations, and people from villages, hamlets, wards, and other local units regarding the draft resolution, decision, or directive.

3. The commune-level judicial and household registration civil servant shall be responsible for expressing opinions on the draft resolution, decision, or directive concerning the following issues:

a) The necessity of promulgating the document;

b) The subjects and scope regulated by the document;

c) The constitutionality, legality, and consistency of the draft with the legal system;

d) Language and technical aspects of drafting the document.

4. Organizations and individuals assigned to draft resolutions, decisions, and directives of the People's Council and People's Committee at the commune level shall be responsible for incorporating opinions and revising the draft document.

Article 23. Soliciting opinions on draft resolutions of the People's Council and draft decisions, directives of the Provincial and District People's Committees as stipulated in Article 23, Clause 2 of Article 30, Article 37, and Clause 2 of Article 41 of the Law

1. The head of the agency primarily responsible for drafting shall decide on soliciting opinions on the draft resolution of the People's Council submitted by the People's Committee and on the draft decision and directive of the People's Committee.

2. The head of the agency primarily responsible for drafting shall select and decide on the form of soliciting opinions, the content to be solicited, organize the collection of opinions, and direct the incorporation of opinions.

3. Soliciting opinions from agencies, organizations, individuals, and directly affected subjects of regulatory legal documents issued by the People's Council and People's Committee may be carried out in the following forms:

a) Directly soliciting opinions from relevant agencies, organizations, and individuals through meetings, conferences, seminars;

b) Soliciting opinions through mass media and local electronic information websites;

c) Soliciting opinions through surveys and questionnaires distributed to affected subjects;

d) Other forms.

4. The agency responsible for organizing the solicitation of opinions may choose among the forms specified in Clause 3 of this Article or combine them.

Organizations and individuals assigned to draft have the responsibility to study contributions to refine the draft.

The consolidated opinion summary and explanatory document about incorporating opinions must be included in the dossier for submitting the draft resolution, decision, or directive.

Article 24. Soliciting opinions on draft resolutions of the People's Council and draft decisions, directives of the Commune People's Committee as stipulated in Clause 2 of Article 33 and Clause 2 of Article 45 of the Law

1. The Chairman of the Commune People's Committee decides on soliciting opinions on the draft resolution of the People's Council and the draft decision and directive of the Commune People's Committee.

2. The Chairman of the Commune People's Committee decides and organizes the solicitation of opinions from the people in villages, hamlets, wards, and other local units in the following cases:

a) Documents containing provisions on the amount of contributions and fundraising from local residents;

b) Issuing documents that significantly impact the socio-economic development of the locality;

c) Issuing documents that greatly affect the daily life of local residents;

d) Documents containing provisions related to land management, planning, and construction of important public works within the jurisdiction.

3. The Chairman of the Commune People's Committee selects and decides on the method of soliciting opinions, the issues to be solicited regarding the draft, and assigns agencies, organizations, and individuals to carry out the solicitation of opinions.

4. Agencies, organizations, and individuals assigned to carry out the solicitation of opinions shall be responsible for collecting opinions, incorporating opinions, and refining the draft according to the guidance of the Chairman of the Commune People's Committee. The consolidated opinion summary and explanatory document about incorporating opinions must be kept in the dossier for submitting the draft to the People's Council and People's Committee.

Article 25. The funding for drafting normative legal documents of the People's Council and People's Committee as stipulated in Article 55 of the Law.

1. The funding for drafting normative legal documents of the People's Council and People's Committee includes: funding for developing programs to draft normative legal documents, surveys, drafting, reviewing, examining, inspecting, and systematizing normative legal documents of the People's Council and People's Committee.

2. The preparation, allocation, utilization, and settlement of funding for drafting, preparing, reviewing, examining, inspecting, and systematizing normative legal documents of the People's Council and People's Committee shall be carried out in accordance with the provisions of the State Budget Law and guiding documents.

3. The Minister of Justice shall coordinate with the Minister of Finance to provide guidance on implementing the funding specified in this Article.

Article 26. Effective date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 27. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees at all levels are responsible for implementing this Decree./.