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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 187/2025/ND-CP
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Hanoi, July 01,
2025
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DECREE
AMENDING DECREE NO. 78/2025/ND-CP DATED APRIL 1, 2025 OF THE
GOVERNMENT ELABORATING AND PRESCRIBING SPECIFIC MEASURES TO ORGANIZE AND
PROVIDE GUIDANCE ON THE IMPLEMENTATION OF THE LAW ON PROMULGATION OF
LEGISLATIVE DOCUMENTS AND DECREE NO. 79/2025/ND-CP DATED APRIL 1, 2025 OF THE
GOVERNMENT ON INSPECTION, REVIEW, SYSTEMATIZATION AND HANDLING OF LEGISLATIVE
DOCUMENTS
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Promulgation of Legislative Documents No.64/2025/QH15, which is amended by Law
No. 87/2025/QH15 (hereinafter referred to as "the Law");
At the request of the
Minister of Justice;
The Government hereby issues
a Decree amending Decree No. 78/2025/ND-CP dated April 1, 2025 of the
Government elaborating and prescribing specific measures to organize and
provide guidance on the implementation of the Law on Promulgation of
Legislative Documents and Decree No. 79/2025/ND-CP dated April 1, 2025 of the
Government on inspection, review, systematization and handling of legislative
documents.
Article 1.
Amendments to Decree No. 78/2025/ND-CP dated April 1, 2025 of the Government
elaborating and prescribing specific measures to organize and provide guidance
on the implementation of the Law on Promulgation of Legislative Documents
1. Amendments to some points and clauses of Article 2:
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1. The authority in charge of
drafting the document shall post the bill or draft of the document on the portal
or website in accordance with the Law and this Decree, except in cases where
the content of the legislative document is classified as state secret.
b) Amendment to clause 5:
“5. The authority which
formulates policy proposals and the authority in charge of drafting the
document shall consolidate, study, provide response to all feedback; post the
summary of opinions and responses to feedback on their portal or website no
later than 25 days from the end of the opinion collection period; the posting duration
shall be at least 30 days, during which other activities in the process of
drafting and promulgating legislative documents shall be conducted concurrently
as prescribed.".
2.
Amendments to the title of Article 4 and some clauses of Article 4:
a) Amendment to the title of
Article 4:
“Article 4. Amendment,
replacement, annulment, suspension of enforcement, and decision on the
application of legislative documents, and announcement of legislative documents
continuing to be effective”;
b) Amendment to clause 5:
“5. The announcement of
documents elaborating and/or prescribing specific measures to organize and
provide guidance on the implementation of amended or replaced legislative
documents continuing to be effective shall be conducted as follows:
a) The authority or unit in
charge of drafting documents elaborating and/or prescribing specific measures
to organize and provide guidance on the implementation of the legislative
document shall review and determine the contents of such documents that
continue to be effective; draft an administrative resolution or decision to
announce all or part of the drafting documents elaborating and/or prescribing
specific measures to organize and provide guidance on the implementation of the
legislative document that continue to be effective; submit it to the competent
authority specified in Point b of this Clause;
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c) Addition of clause 6 after
clause 5:
6. The issuance of administrative
documents to decide on the application or annulment of legislative documents as
prescribed in Point b of Clause 2 of Article 54 of the Law shall be conducted
as follows:
a) People’s Councils at all
levels shall issue administrative resolutions to decide on the application or
annulment of legislative documents of the People’s Councils of the merged
administrative divisions;
b) People’s Committees at all
levels and Presidents of Provincial People’s Committees shall issue
administrative decisions to decide on the application or annulment of
legislative documents of People’s Committees at all levels and Presidents of
Provincial People’s Committees of the merged administrative divisions.”.
3.
Amendments to some points and clauses of Article 7:
a) Amendment to point c of
clause 2:
“c) Documents announcing
legislative documents continuing to be effective in whole or in part; lists of
documents that have expired;”;
b) Amendment to clause 3:
“3. Documents posted on the
provincial electronic gazette:
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b) Documents handling illegal
legislative documents issued by competent authorities/persons;
c) Documents on correction of
legislative documents issued by the People’s Councils, provincial People’s
Committees, Presidents of Provincial People’s Committees, local governments in
special administrative-economic divisions, People’s Councils and commune-level
People’s Committees;
d) Documents announcing
legislative documents continuing to be effective in whole or in part; lists of
documents that have expired;
dd) Other documents issued by
the People’s Councils, provincial People’s Committees, Presidents of Provincial
People’s Committees, local governments in special administrative-economic
divisions, People’s Councils and commune-level People’s Committees; The
decision to post documents under this point shall be made by issuing
authorities.”.
4.
Amendment to point d of clause 2 of Article 9:
d) The Standing Committee of
the People’s Council shall issue administrative decisions to correct
legislative documents issued by the People’s Council at the same level; the
President of the People’s Committee shall issue administrative decisions to
correct legislative documents issued by him/her and the People’s Committee at
the same level.
5.
Amendments to clause 1, 2 and 3 of Article 10:
“1. Ministries and ministerial
agencies, within their jurisdiction, based on Clause 2 of Article 23 of the
Law, shall review, research, and propose legislative tasks for the National
Assembly’s tenure at the request of the Ministry of Justice.
The written legislative task
proposal submitted to the Ministry of Justice must clearly state the name of
the law, resolution of the National Assembly, ordinance, resolution of the
Standing Committee of the National Assembly, or issue to be studied and reviewed;
the grounds and content to be studied, reviewed, and institutionalized; the
presiding authority; the expected deadline for completing the study and review;
and the deadline for amending the issued, or issuing new laws, ordinances, and
resolutions of the National Assembly or the Standing Committee of the National
Assembly (if any).
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3. The
Government shall review and approve the e Government’s proposal on the
Tenure-specific legislative orientation of the National Assembly in accordance
with the Government’s working regulations and submit it to the Standing
Committee of the National Assembly within 60 days from the end of the first
session of the National Assembly’s tenure. Ministries and ministerial agencies
shall proactively research, review, and implement legislative tasks, policy
development, and prepare bills/drafts immediately after the Government’s
approval of the proposal.
The Minister of Justice,
authorized by the Prime Minister and on behalf of the Government, shall sign
the proposal and report to the Standing Committee of the National Assembly on
the Government’s proposal of the Tenure-specific legislative orientation of the
National Assembly.”.
6.
Amendment to clause 2 of Article 15:
“2. Ministries and ministerial
agencies shall prepare policy proposals and seek opinions from relevant
ministries and agencies, including the Ministry of Foreign Affairs, Ministry of
National Defense, Ministry of Public Security, Ministry of Finance, Ministry of
Home Affairs, Ministry of Justice, and Ministry of Science and Technology.
The Ministry of Foreign Affairs
shall provide opinions on compatibility with relevant international treaties to
which the Socialist Republic of Vietnam is a signatory; the Ministry of
National Defense and Ministry of Public Security shall provide opinions on
ensuring national defense and security requirements; the Ministry of Finance
shall provide opinions on financial sources; the Ministry of Home Affairs shall
provide opinions on devolution, delegation of power, and human resources; the
Ministry of Justice shall provide opinions on constitutionality, legality, and
consistency with the legal system; the Ministry of Science and Technology shall
provide opinions on the application, promotion of scientific and technological
development, innovation, and digital transformation.”.
7.
Amendments to some points and clauses of Article 16:
a) Amendment to clause 1:
“1. Ministries and ministerial
agencies shall prepare policy proposals for laws, resolutions of the National
Assembly, and ordinances of the Standing Committee of the National Assembly and
submit policy dossiers as prescribed in Clause 2 of Article 31 of the Law to
the Ministry of Justice for appraisal. The dossiers shall be submitted in both
electronic form and paper copy, in which reports must be signed and bear seals,
and other documents must bear the chopping seals at the upper left corner of
the ministries or ministerial agencies.”;
b) Amendment to clause 3:
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In case of appraisal council
meetings or appraisal meetings, the Ministry of Justice shall invite
representatives from the Ministry of Foreign Affairs, Ministry of National
Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home
Affairs, Ministry of Science and Technology, relevant agencies, organizations,
experts, and scientists to participate.
In case of collecting written
appraisal opinions, the Ministry of Justice shall collect opinions from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Science
and Technology, relevant agencies, organizations, experts, and scientists.”;
c) Amendment to clause 5:
“5. Responsibilities of member
of the appraisal council or participants of the appraisal meetings:
a) Study policy dossiers, give
appraisal opinions, and clearly state whether the dossier on policies of the
law, ordinance, or resolution satisfies the conditions to be submitted to the
Government;
b) Be accountable for their
appraisal opinions within the scope of their agency’s state management. The
Ministry of Foreign Affairs’ representative shall provide opinions on
compatibility with relevant international treaties to which the Socialist
Republic of Vietnam is a signatory; the representatives of the Ministry of
National Defense and Ministry of Public Security shall provide opinions on
ensuring national defense and security requirements; the representative of the
Ministry of Finance shall provide opinions on financial sources; the
representative of the Ministry of Home Affairs shall provide opinions on
devolution, delegation of power, and human resources; the representative of the
Ministry of Science and Technology shall provide opinions on the application,
promotion of scientific and technological development, innovation, and digital
transformation;
c) If unable to attend the
appraisal council meeting or appraisal meeting, the appraisal council member or
designated participant must send written appraisal opinions to the Ministry of
Justice no later than 03 days from the date of the meeting. In urgent cases as
directed by the Government or Prime Minister, the deadline shall be as
requested by the Ministry of Justice. Failure to send written opinions within
the deadline shall be considered as agreement with the policy dossier.
If representatives from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology do not attend the appraisal meetings and do not send
written opinions, the Ministry of Justice shall send a notification the
Ministers of these ministries in writing with appraisal report attached.”
d) Amendment to clause 7:
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8.
Amendments to some points and clauses of Article 18:
a) Amendment to point c of
clause 1:
“c) Collect opinions from
relevant ministries and ministerial agencies, including the Ministry of Foreign
Affairs, Ministry of National Defense, Ministry of Public Security, Ministry of
Finance, Ministry of Home Affairs, Ministry of Justice, and Ministry of Science
and Technology.”;
b) Amendment to clause 2:
“2. The Ministry of Foreign
Affairs, Ministry of National Defense, Ministry of Public Security, Ministry of
Finance, Ministry of Home Affairs, Ministry of Justice, and Ministry of Science
and Technology shall provide opinions on the content specified in Clause 2 of
Article 15 of this Decree.”.
9.
Amendments to some points and clauses of Article 19:
a) Amendment to clause 1:
“1. Ministries and
ministerial-level agencies in charge of drafting laws, ordinances, and/or
resolutions shall submit bill dossiers as prescribed in Clause 2 of Article 34 of
the Law to the Ministry of Justice for appraisal. The dossiers shall be
submitted in both electronic form and paper form, in which reports must be
signed and bear seals, and the draft law, ordinance, or resolution must bear
the chopping seals at the upper left corner of the ministries or ministerial
agencies.”;
b) Amendment to clause 3:
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In case of appraisal council
meetings or appraisal meetings, the Ministry of Justice shall invite
representatives from the Ministry of Foreign Affairs, Ministry of National
Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home
Affairs, Ministry of Science and Technology, relevant agencies, organizations,
experts, and scientists to participate.
In case of collecting written
appraisal opinions, the Ministry of Justice shall collect opinions from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Science
and Technology, relevant agencies, organizations, experts, and scientists.”;
c) Amendment to point c of
clause 5:
“c) If unable to attend the appraisal
council meeting or appraisal meeting, the appraisal council member or
designated participant must send written appraisal opinions to the Ministry of
Justice no later than 03 days from the date of the meeting. In urgent cases as
directed by the Government or Prime Minister, the deadline shall be as
requested by the Ministry of Justice. Failure to send written opinions within
the deadline shall be considered as agreement with the bill.
If representatives from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology do not attend the appraisal meetings and do not send
written opinions, the Ministry of Justice shall send a notification the
Ministers of these ministries in writing with appraisal report attached.”
d) Amendment to clause 7:
“7. The appraisal report of the
Ministry of Justice must clearly state whether the bill of the law, ordinance,
or resolution satisfies the conditions to be submitted to the Government;
include appraisal opinions from the Ministry of Foreign Affairs, Ministry of
National Defense, Ministry of Public Security, Ministry of Finance, Ministry of
Home Affairs, and Ministry of Science and Technology. If the appraisal report
concludes that such bill only satisfies the conditions to be submitted to the
Government after being revised and completed, the report must specify the
content and requirements for revision and completion.”.
10. Amendment to Article 21:
“Article 21. Reception,
explanation, correction, review, and finalization of language and presentation
forms for draft laws, resolutions of the National Assembly, ordinances, and
resolutions of the Standing Committee of the National Assembly
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The ministries and ministerial
agencies in charge of drafting shall study, receive, explain, and correct the
draft document according to the opinions of the Standing Committee of the
National Assembly; then send the draft law, ordinance, or resolution to the
Ministry of Justice for review as prescribed in Clause 2 of this Article.
2. The
Ministry of Justice shall take charge and cooperate with the ministries and
ministerial agencies in charge of drafting, the Standing Committee of the
authorities in charge of verification, relevant agencies and organizations in
reviewing the language, form, and presentation of the document and shall send a
written notice on the review results to the ministries and ministerial agencies
in charge of drafting within 3 days from the date of receipt of the draft.
3. The
ministries and ministerial agencies in charge of drafting shall study, receive
the opinions in the written notice from the Ministry of Justice as prescribed
in Clause 2 of this Article, complete the draft law, ordinance, or resolution,
and report to the Government for review and submission of such document to the
National Assembly or the Standing Committee of the National Assembly in
accordance with Point c of Clause 7 of Article 40 and Point dd of Clause 1 of
Article 42 of the Law.”.
11. Amendment to clause 2 of Article 22:
“2. The agency assigned with
preparation of the draft written request for the Government’s opinion shall
send the policy dossier and bill dossier to relevant ministries and ministerial
agencies for opinions; if necessary, organize meetings with participation from
the policy proposing agency, the drafting authority, relevant ministries,
ministerial agencies, agencies and organizations, experts, and scientists to
collect opinions on the dossier.
Ministries and ministerial
agencies shall send written comments to the agency assigned with preparation
and consolidation of the opinions within 5 days (or 3 days for documents issued
under the simplified procedure) from the date of receipt of the dossier. The
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Justice,
and Ministry of Science and Technology shall provide opinions on the content
specified in Clause 2 of Article 15 of this Decree.”.
12. Amendments to some points and clauses of Article 27:
a) Amendment to point d of
clause 1:
"d) Organize the
collection of opinions from subjects directly affected by the draft; collect
opinions from ministries and ministerial agencies on those draft contents
related to their state management over their respective sectors; collect
opinions from other relevant agencies, organizations, and individuals, which
must include opinions from the Ministry of Foreign Affairs, Ministry of
National Defense, Ministry of Public Security, Ministry of Finance, Ministry of
Home Affairs, Ministry of Justice, and Ministry of Science and Technology.
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b) Amendment to point dd of
clause 2:
"dd) Assessment of
administrative procedures, delegation of tasks and powers, application and
promotion of scientific and technological development, innovation, and digital
transformation (if any);";
c) Amendment to clause 3:
"3. Ministries and
ministerial agencies shall respond in writing within 10 days, or 3 days for
documents issued under the simplified procedure, from the date of receiving the
request for opinions. The Ministry of Foreign Affairs, Ministry of National
Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home
Affairs, Ministry of Justice, and Ministry of Science and Technology shall
provide opinions on the content specified in Clause 2 of Article 15 of this
Decree.”.
13. Amendments to some points and clauses of Article 28:
a) Amendment to point dd of
clause 1:
"dd) Assessment of
administrative procedures, delegation of tasks and powers, application and promotion
of scientific and technological development, innovation, and digital
transformation (if any);";
b) Amendment to clause 3:
“3. The Ministry of Justice
shall appraise the dossier on the draft document in the form of appraisal
council meetings, appraisal meetings, or by collecting written appraisal
opinions. The appraisal deadline shall be 20 days from the date of receipt of a
complete dossier.
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In case of collecting written
appraisal opinions, the Ministry of Justice shall collect opinions from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Science
and Technology, relevant agencies, organizations, experts, and scientists.
In urgent cases as requested by
the Government or Prime Minister, the Ministry of Justice shall appraise the
contents specified in Points a, c, d, and e of Clause 7 of this Article.. The
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology shall provide opinions on the content specified in
Clause 2 of Article 15 of this Decree.”;
c) Amendment to point c of
clause 5:
“c) If unable to attend the
appraisal council meeting or appraisal meeting, the appraisal council member or
designated participant must send written appraisal opinions to the Ministry of
Justice no later than 03 days from the date of the meeting. In urgent cases as
directed by the Government or Prime Minister, the deadline shall be as
requested by the Ministry of Justice. Failure to send written opinions within
the deadline shall be considered as agreement with the draft.
If representatives from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology do not attend the appraisal meetings and do not send
written opinions, the Ministry of Justice shall send a notification the
Ministers of these ministries in writing with appraisal report attached.”
d) Amendment to point b of
clause 7:
"b) The conformity of the
draft document’s content with the guidelines and policies of the Communist
Party of Vietnam (CPV);";
dd) Amendment to point dd of
clause 7:
“dd) The compatibility with
relevant international treaties to which the Socialist Republic of Vietnam is a
signatory; assurance of national defense and security requirements; financial
sources; human resources; delegation; application, promotion of scientific and
technological development, innovation, and digital transformation;”;
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“8. The appraisal report of the
Ministry of Justice must clearly state whether the draft document satisfies the
conditions to be submitted to the Government; include appraisal opinions from
the Ministry of Foreign Affairs, Ministry of National Defense, Ministry of
Public Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology. If the appraisal report concludes that the draft
document only satisfies the conditions to be submitted to the Government after
being revised and completed, the report must specify the content and
requirements for revision and completion. The appraisal report shall be sent to
the drafting ministry or ministerial agency.".
14. Amendment to Article 32:
Article 32. Drafting
resolutions
1. The
Government and the Prime Minister shall assign ministries and ministerial
agencies to take the charge in drafting resolutions specified at Points a and b
of Clause 2 of Article 14 of the Law. The drafting authorities shall:
a) Cooperate with relevant
agencies in promptly drafting the resolution;
b) Prepare the draft resolution
dossier, including: the proposal; draft resolution; comparison document and
explanatory note on the draft content; other documents (if any);
“c) Collect opinions from
ministries and ministerial agencies and agencies or organizations directly
related to the content of the draft resolution, including the Ministry of
Foreign Affairs, Ministry of National Defense, Ministry of Public Security,
Ministry of Finance, Ministry of Home Affairs, Ministry of Justice, and
Ministry of Science and Technology.
2. Ministries,
ministerial agencies, and agencies or organizations from which opinions are
collected as prescribed in Point c of Clause 1 of this Article shall provide
opinions upon request from the drafting ministry or ministerial agency.
The Ministry of Foreign
Affairs, Ministry of National Defense, Ministry of Public Security, Ministry of
Finance, Ministry of Home Affairs, Ministry of Justice, and Ministry of Science
and Technology shall provide opinions on the content specified in Clause 2 of
Article 15 of this Decree.
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4. The
draft resolution dossier as prescribed in Clause 3 of this Article for social
criticisms shall include the following draft documents:
a)
Proposal;
b) Draft resolution;
c) Report on assessment of the
status quo of social relations related to the draft attached with an appendix,
review of the Party’s guidelines, legislative documents, and international treaties
related to the draft;
d) Comparison document and
explanatory note on the draft content;
dd) Assessment of
administrative procedures, delegation of tasks and powers, application and
promotion of scientific and technological development, innovation, and digital
transformation (if any);".
e) Report on assessment of
impact of the draft resolution;
g) Other documents (if any).”.
15. Amendment to Article 33:
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1. For
Government’s resolutions specified at Point c of Clause 2 of Article 14 of the
Law, the appraisal shall be conducted in accordance with Clauses 2, 3, 4, 5, 6,
7, 8, and 9 of Article 28 of this Decree. The dossier submitted for appraisal
shall be in both electronic form and paper form, including: the appraisal
application with attached documents as prescribed in Clause 4 of Article 32 of
this Decree and the compilation of opinions, responses, and social feedback, in
which reports shall be signed and bear seals, the draft resolution shall bear
chopping seals spanning all pages, and other documents shall bear the chopping
seals at the upper left corner of the ministry or ministerial agency.
2. For
Government’s resolutions specified at Points a and b of Clause 2 of Article 14
of the Law, no appraisal shall be conducted.
16. Amendments to clause 1 and clause 2 of Article 34:
“1. For draft Government’s
resolutions specified at Points a and b of Clause 2 of Article 14 of the Law,
the drafting ministry or ministerial agency shall:
a) Study, receive, and respond
to opinions, revise, and complete the draft resolution dossier;
b) Submit the draft resolution
dossier to the Government, including: proposal; draft resolution; comparison
document and explanatory notes on draft content; written opinions from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Justice,
Ministry of Science and Technology, and relevant agencies or organizations;
other documents (if any).
2. For
draft Government’s resolutions specified at Point c of Clause 2 of Article 14
of the Law, the completion of the dossier shall be conducted in accordance with
Clause 1 of Article 29 of this Decree. The draft resolution dossier submitted
to the Government and simultaneously to the Ministry of Justice in both
electronic form and paper form shall include:
a) Documents prescribed in
Clause 4 of Article 32 of this Decree and the compilation of opinions,
responses, and social feedback, in which the proposal and reports shall be
signed and bear seals, the draft resolution shall bear chopping seals spanning
all pages, and other documents shall bear the chopping seals at the upper left
corner of the ministry or ministerial agency;
b) Appraisal report; report on
responses and explanations to appraisal opinions.”.
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a) Amendment to clause 1:
“1. The formulation of
Government’s decrees and resolutions under the simplified procedures shall be
conducted as follows:
a) For draft Government’s
resolutions specified at Point c of Clause 2 of Article 14 of the Law,
completion of the dossier shall be conducted in accordance with Article 50 and
Article 51 of this Law.
The dossier submitted for
appraisal shall include: Appraisal application; draft proposal; draft document;
comparison document and explanation of draft content; review of policies and
guidelines of the CPV, legislative documents, international treaties related to
the draft document; other documents (if any).
The dossier to be submitted to
the Government shall include: proposal; draft document; comparison document and
explanation of draft content; review of policies and guidelines of the CPV,
legislative documents, international treaties related to the draft document;
appraisal report; report on acceptance and explanation of appraisal opinions;
other documents (if any);
b) For Government’s resolutions
specified at Points a and b of Clause 2 of Article 14 of the Law that are
formulated and issued under simplified procedures, no appraisal shall be
conducted. The dossier submitted to the Government includes documents as
prescribed in Point b of Clause 1 of Article 34 of this Decree.”;
b) Amendment to clause 5:
“5. Draft document dossier in
the cases specified in Clauses 3 and 4 of this Article shall include: the
proposal; draft document; comparison document and explanatory note on the draft
content and other documents (if any);
18. Amendments to some points and clauses of Article 36:
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"d) Organize the
collection of opinions from subjects directly affected by the draft decision;
collect opinions from ministries and ministerial agencies on those draft
contents related to their state management over their respective sectors; collect
opinions from other relevant agencies, organizations, and individuals, which
must include opinions from the Ministry of Foreign Affairs, Ministry of
National Defense, Ministry of Public Security, Ministry of Finance, Ministry of
Home Affairs, Ministry of Justice, and Ministry of Science and Technology;”;
b) Addition of point e after
point dd of clause 1:
“e) The formulation and
issuance of decisions by the Prime Minister under the simplified procedures
shall be carried out in accordance with Articles 50 and 51 of the Law.”;
c) Amendment to point dd of
clause 2:
"dd) Assessment of
administrative procedures, delegation of tasks and powers, application and
promotion of scientific and technological development, innovation, and digital
transformation (if any);";
d) Amendment to clause 3:
"3. Ministries and
ministerial agencies shall respond in writing within 10 days, or 3 days for
documents issued under the simplified procedure, from the date of receiving the
request for opinions. The Ministry of Foreign Affairs, Ministry of National
Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home
Affairs, Ministry of Justice, and Ministry of Science and Technology shall
provide opinions on the content specified in Clause 2 of Article 15 of this Decree”.
19. Amendments to some points and clauses of Article 37:
a) Amendment to point dd of
clause 1:
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b) Amendment to clause 3:
“3. The Ministry of Justice
shall appraise the dossier on the draft document in the form of appraisal
council meetings, appraisal meetings, or by collecting written appraisal
opinions. The appraisal deadline shall be 15 days from the date of receipt of a
complete dossier.
In case of appraisal council
meetings or appraisal meetings, the Ministry of Justice shall invite
representatives from the Ministry of Foreign Affairs, Ministry of National
Defense, Ministry of Public Security, Ministry of Finance, Ministry of Home
Affairs, Ministry of Science and Technology, relevant agencies, organizations,
experts, and scientists to participate.
In case of collecting written
appraisal opinions, the Ministry of Justice shall collect opinions from the
Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Public
Security, Ministry of Finance, Ministry of Home Affairs, Ministry of Science
and Technology, relevant agencies, organizations, experts, and scientists.
In case of urgent appraisal at
the request of the Prime Minister, the Ministry of Justice shall appraise the
contents specified in Points a, c, d and e of Clause 7 of this Article; the
Ministry of Foreign Affairs shall provide opinions on compatibility with
relevant international treaties to which the Socialist Republic of Vietnam is a
signatory; the Ministry of National Defense and Ministry of Public Security
shall provide opinions on ensuring national defense and security requirements;
the Ministry of Finance shall provide opinions on financial sources; the
Ministry of Home Affairs shall provide opinions on delegation of power,
performance of assigned tasks, powers and human resources; the Ministry of
Science and Technology shall provide opinions on the application, promotion of
scientific and technological development, innovation, and digital
transformation.”;
c) Amendment to point b of
clause 7:
"b) The conformity of the
draft document’s content with the CPV’s guidelines and policies;";
d) Amendment to point dd of
clause 7:
“dd) The compatibility with
relevant international treaties to which the Socialist Republic of Vietnam is a
party; assurance of national defense and security requirements; financial
sources; human resources; delegation of power, performance of assigned tasks,
powers; application, promotion of scientific and technological development,
innovation, and digital transformation;”;
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“8. The appraisal report of the
Ministry of Justice must clearly state whether the draft decision satisfies the
conditions to be submitted to the Prime Minister; include appraisal opinions
from the Ministry of Foreign Affairs, Ministry of National Defense, Ministry of
Public Security, Ministry of Finance, Ministry of Home Affairs, and Ministry of
Science and Technology. If the appraisal report concludes that the draft
decision only satisfies the conditions to be submitted to the Prime Minister
after being revised and completed, the report must specify the content and
requirements for revision and completion. The appraisal report shall be sent to
the drafting ministry or ministerial agency.
In case of urgent appraisal as
prescribed in Clause 3 of this Article, the written opinions of the Ministry of
Foreign Affairs, Ministry of National Defense, Ministry of Public Security,
Ministry of Finance, Ministry of Home Affairs, Ministry of Science and
Technology shall be sent to the ministry or ministerial agency in charge of
drafting.”;
e) Amendment to clause 10:
“10. The draft decision dossier
of the Prime Minister under the simplified procedures submitted for appraisal
shall include: Draft proposal; draft document; comparison document and
explanation of draft content; review of policies and guidelines of the CPV,
legislative documents, international treaties related to the draft document;
other documents (if any).”.
20. Amendments to some points and clauses of Article 38:
a) Amendment to clause 3:
“3. The Government Office shall
receive and process draft decision dossiers according to the Government’s
Working Regulations.
In case the Ministry of Foreign
Affairs, Ministry of National Defense, Ministry of Public Security, Ministry of
Finance, Ministry of Home Affairs, and Ministry of Science and Technology do
not have representatives attending the appraisal council meeting or appraisal
meeting and do not submit written appraisal opinions, the Government Office
shall review and request these Ministries to provide opinions on the content
prescribed in Point b of Clause 5 of Article 16 of this Decree according to the
Government’s Working Regulations.”;
b) Amendment to clause 5:
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21. Amendments to some points of clause 2 of Article 39:
a) Amendment to point b:
b) Prepare the draft circular
dossier, including: draft proposal; draft circular; report on assessment
of administrative procedures, delegation, performance of assigned tasks and
powers, application and promotion of scientific and technological development,
innovation, and digital transformation (if any); comparison document and
explanatory notes on the draft circular; summary report on law enforcement or
assessment of the status quo of social relations related to the draft document
for cases of issuing documents specified in Clause 2 of Article 18 of the
Law;”;
b) Addition of point e after
point dd of clause 1:
“e) The formulation and
issuance of circulars under the simplified procedures shall be carried out in
accordance with Articles 50 and 51 of the Law.”.
22. Amendments to some points and clauses of Article 40:
a) Amendment to clause 2:
“2. The appraisal shall be
conducted as follows:
a) For draft circulars prepared
by legal departments, ministers or heads of the ministerial agencies shall
assign a different unit to appraise; for draft circulars not prepared by the
legal departments, legal departments shall conduct the appraisal;
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c) Depending on the content of
the draft circular, the ministry or ministerial agency may invite
representatives from relevant ministries, agencies, organizations, experts, and
scientists to participate in the appraisal or to provide written appraisal
opinions.”;
b) Amendment to point b of
clause 5:
"b) The conformity of the
draft circular’s content with the CPV’s guidelines and policies;";
c) Amendment to point d of
clause 5:
“d) The necessity and rationality
of the administrative procedures, the application and promotion of scientific
and technological development, innovation, and digital transformation;”;
d) Addition of clause 8 after
clause 7:
“8. The draft circular dossier
of under the simplified procedures submitted for appraisal shall include: draft
proposal; draft document; comparison document and explanatory note on the draft
content and other documents (if any).”.
23. Amendment to clause 4 of Article 41:
“4. The draft circular dossier
of under the simplified procedures submitted for appraisal shall include: the
proposal; draft document; comparison document and explanatory note on the draft
content; appraisal report; report on acceptance and explanation of appraisal
opinions; and other documents (if any).”.
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“1. The People’s Committee and
the Committees of the Provincial People’s Council, based on legislative
documents of superior state authorities and local conditions, may themselves or
upon the request of agencies, organizations, or deputies of the People’s
Council, register the formulation of People’s Council’s resolutions specified
in Points b, c, and d of Clause 1 of Article 21 of the Law, and send the
application to the Standing Committee of the People’s Council.
The registration for
formulation of People’s Councils’ resolutions shall be conducted in accordance
with the Working Regulations of the People’s Councils.”
2. Specialized
agencies affiliated to the Provincial People’s Committee, military agencies,
provincial or city-level military and public security agencies, and agencies
affiliated to the Provincial People’s Committee may themselves or under the
direction of the Provincial People’s Committee or the President of the
Provincial People’s Committee register the formulation of decisions of the
People’s Committee specified in Points b and c of Clause 2 of Article 21 of the
Law.
The registration for
formulation of People's Committees’ resolutions shall be conducted in
accordance with the Working Regulations of the People's Committees.”
25. Amendments to some points and clauses of Article 44:
a) Amendment to point d of
clause 1:
"d) Organize the
collection of opinions from subjects directly affected by the draft resolution;
collect opinions from other relevant agencies, organizations, and individuals,
which must include opinions from the Department of Finance, Department of Home
Affairs, Department of Justice, and Department of Science and Technology;”;
b) Amendment to clause 2:
"2. Agencies and
organizations shall respond in writing within 10 days, or 3 days for
resolutions issued under the simplified procedure, from the date of receiving
the request for opinions. The Department of Finance shall provide opinions on
financial resources; the Department of Home Affairs shall provide opinions on
delegation of power, performance of assigned tasks and powers, and human
resources; the Department of Justice shall provide opinions on
constitutionality, legality, and consistency with the legal system; the
Department of Science and Technology shall provide opinions on the application
and promotion of scientific and technological development, innovation, and
digital transformation.”;
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“dd) Assessment of
administrative procedures, delegation, performance of assigned tasks and
powers, application and promotion of scientific and technological development,
innovation, and digital transformation (if any);".
26. Amendments to some points and clauses of Article 45:
a) Amendment to clause 1:
“1. The Department of
Justice shall appraise the draft resolution of the Provincial People’s Council
submitted by the Provincial People’s Committee within 15 days from the date of
receiving the complete dossier.
The Department of Justice may
self-appraise or organize an appraisal council, appraisal meeting, or collect
written appraisal opinions. In case of appraisal council meetings or appraisal
meetings, the Department of Justice shall invite representatives from the Department
of Finance, Department of Home Affairs, Department of Science and Technology,
relevant agencies, organizations, experts, and scientists (if any) to
participate.
In urgent cases as requested by
the Provincial People’s Committee or its President, the Department of Justice
shall appraise the contents specified in Points a, c, d, and e of Clause 6 of
this Article.”;
b) Amendments to points b and c
of clause 4:
“b) Be accountable for their
appraisal opinions within the scope of their agency’s state management. The
representative of the Department of Finance shall provide opinions on financial
resources; the representative of the Department of Home Affairs shall provide
opinions on delegation of power, performance of assigned tasks and powers, and
human resources; the representative of the Department of Science and Technology
shall provide opinions on the application and promotion of scientific and
technological development, innovation, and digital transformation;
c) If unable to attend the
appraisal council meeting or appraisal meeting, the appraisal council member or
designated participant must send written appraisal opinions to the Department
of Justice no later than 03 days from the date of the meeting. In urgent cases
as directed by the Provincial People’s Committee or its President, the deadline
shall be as requested by the Department of Justice. Failure to send written
opinions within the deadline shall be considered as agreement with the draft.
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c) Amendment to point b of
clause 6:
"b) The conformity of the
draft document’s content with the Party’s guidelines and policies;";
d) Amendment to point dd of
clause 6:
“dd) Financial resources, human
resources, delegation, performance of assigned tasks and powers, application
and promotion of scientific and technological development, innovation, and
digital transformation;”.
27. Amendments to some points of clause 3 of Article 47:
b) Amendment to point b of
clause 3:
“b) The conformity of the draft
document’s content with the CPV’s guidelines and policies, and the
socio-economic conditions and development status of the local area;”
b) Amendment to point d of
clause 3:
“d) The necessity and
rationality of the administrative procedures, the application and promotion of
scientific and technological development, innovation, and digital
transformation;”
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a) Amendment to point d of
clause 1:
"d) Organize the
collection of opinions from subjects directly affected by the draft decision;
collect opinions from other relevant agencies, organizations, and individuals,
which must include opinions from the Department of Finance, Department of Home
Affairs, Department of Justice, and Department of Science and Technology;”;
b) Amendment to clause 2:
"2. Agencies and
organizations shall respond in writing within 10 days, or 3 days for decisions
issued under the simplified procedure, from the date of receiving the request
for opinions. The Department of Finance shall provide opinions on financial
resources; the Department of Home Affairs shall provide opinions on delegation
of power, performance of assigned tasks and powers, and human resources; the
Department of Justice shall provide opinions on constitutionality, legality,
and consistency with the legal system; the Department of Science and Technology
shall provide opinions on the application and promotion of scientific and
technological development, innovation, and digital transformation.”;
c) Amendment to point dd of
clause 3:
“dd) Assessment of
administrative procedures, delegation, performance of assigned tasks and
powers, application and promotion of scientific and technological development,
innovation, and digital transformation (if any).”;
29. Amendment to clause 1 of Article 50:
“1. The Department of
Justice shall appraise the draft decision before submit it to the Provincial
People’s Committee within 15 days from the date of receiving the complete
dossier.
The Department of Justice may
self-appraise or organize an appraisal council, appraisal meeting, or collect
written appraisal opinions. In case of appraisal council meetings or appraisal
meetings, the Department of Justice shall invite representatives from the
Department of Finance, Department of Home Affairs, Department of Science and
Technology, relevant agencies, organizations, experts, and scientists (if any)
to participate.
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30. Additional of Section 3a after Section 3:
“Section
3a
FORMULATION
AND ISSUANCE OF DECISIONS OF THE PRESIDENTS OF THE PROVINCIAL PEOPLE’S COMMITTEES
Article 51a Drafting
Decisions of Presidents of the Provincial People’s Committees
1. The
President of the Provincial People’s Committee shall assign, or based on the
registration by specialized agencies under the Provincial People’s Committee,
provincial military or police authorities, or agencies affiliated to the
Provincial People’s Committee, assign the drafting agency. The drafting agency
shall:
a) Assess the implementation of
laws at the local level to determine the content of delegation and the
directing and administrating measures of the People’s Committee, and cooperate
activities among specialized agencies and other administrative organizations
affiliated to the Provincial People’s Committee;
b) Organize the drafting
process. Upload the draft decision dossier on the website of the province or
city for at least 10 days to collect opinions;
c) Collect opinions from
subjects directly affected by the draft decision; collect opinions from other
related agencies, organizations, and individuals, which must include opinions
from the Department of Finance, Department of Home Affairs, Department of
Justice, and Department of Science and Technology;
d) Consolidate, study, receive,
and respond to opinions, revise, and complete the draft document dossier.
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3. The
draft decision dossier for opinion collection shall include the following
documents:
a) Proposal;
b) Draft resolution;
c) Assessment of administrative
procedures, delegation, performance of assigned tasks and powers, application
and promotion of scientific and technological development, innovation, and
digital transformation (if any).
Article 51b. Appraisal of
the draft decision of Presidents of Provincial People’s Committees
1. The
drafting agency shall send an application for appraisal along with the dossier
to be appraised, in which reports are signed and sealed, the draft document
shall bear chopping seals spanning all pages, and other documents shall bear
the chopping seals at the upper left corner of the drafting agency. The dossier
submitted for appraisal shall be in both electronic form and paper form, including:
documents prescribed in Clause 3, Article 51a of this Decree and the
compilation of opinions with responses and explanations.
2. The
Department of Justice shall receive and check the draft decision dossier. If
the dossier does not comply with the provisions of Clause 1 of this Article,
within 3 days from receipt, the Department of Justice shall request the
drafting agency to supplement and complete the dossier.
3. The
Department of Justice shall appraise the draft decision before submit it to the
President of the Provincial People’s Committee within 15 days from the date of
receiving the complete dossier. The Department of Justice may self-appraise or
organize an appraisal council, appraisal meeting, or collect written appraisal
opinions. In case of appraisal council meetings or appraisal meetings, the
Department of Justice shall invite representatives from the Department of
Finance, Department of Home Affairs, Department of Science and Technology,
relevant agencies, organizations, experts, and scientists (if any) to
participate.
In urgent cases as requested by
the President of the Provincial People’s Committee, the Department of Justice
shall appraise the contents specified in Points a, c, d, and e of Clause 6 of
this Article.
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a) Study the draft document,
express appraisal opinions, and clearly state whether the draft document meets
the conditions to be submitted to the Chairman of the Provincial People’s
Committee;
b) Be accountable for their
appraisal opinions within the scope of their agency’s state management. The representative
of the Department of Finance shall provide opinions on financial resources; the
representative of the Department of Home Affairs shall provide opinions on
delegation of power, performance of assigned tasks and powers, and human
resources; the Department of Science and Technology shall provide opinions on
the application and promotion of scientific and technological development,
innovation, and digital transformation;
c) If unable to attend the
appraisal council meeting or appraisal meeting, the appraisal council member or
designated participant must send written appraisal opinions to the Department
of Justice no later than 03 days from the date of the meeting. In urgent cases
as directed by the President of the Provincial People’s Committee, the deadline
shall be as requested by the Department of Justice. Failure to send written
opinions within the deadline shall be considered as agreement with the draft.
5. The
appraisal council shall cease operation and automatically dissolve after
concluding the appraisal meeting.
6. The
appraisal content shall include the following issues:
a) The necessity of issuing the
document; scope and regulated entities of the document;
b) The conformity of the draft
document’s content with the Party’s guidelines and policies;
c) Constitutionality, legality,
and consistency with the legal system of the draft document;
d) The necessity and
rationality of administrative procedures;
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e) Language, form, technical
presentation, and procedures for drafting.
7. The
appraisal report of the Department of Justice must clearly state whether the
draft decision satisfies the conditions to be submitted to the President of the
People's Committee. If the appraisal report concludes that the draft decision
only satisfies the conditions to be submitted to the President of the People's
Committee after being revised and completed, the report must specify the
content and requirements for revision and completion.
8. The
Department of Justice shall conduct a reappraisal if the draft decision does
not meet the submission conditions. The reappraisal shall be conducted in
accordance with this Article.
Article 51c. Review and
signing of the Decision of Presidents of Provincial People’s Committees
1. The
drafting agency shall be responsible for studying, incorporating, and
responding to appraisal opinions to revise and complete the draft dossier;
discussing and reaching consensus with relevant agencies issues on which there
are still different opinions..
2. The
draft document dossier submitted to the President of the People’s Committee
shall simultaneously be sent to the Department of Justice in both electronic
form and paper form, including:
a) Documents as prescribed in
Clause 1 of Article 51b of this Decree;
b) Appraisal report; report on
responses and explanations to appraisal opinions.
3. The Office
of the People’s Committee shall receive and process draft decision dossiers
according to the Working Regulations of the People’s Committee.
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31. Amendment to the title of Section 4 of Chapter IV:
“Section
4
FORMULATION
AND ISSUANCE OF RESOLUTIONS OF THE COMMUNE-LEVEL PEOPLE'S COUNCILS”
32. Amendments to some clauses of Article 53:
a) Amendments to clauses 1, 2
and 3:
“1. The Office of the
commune-level People’s Council and People’s Committee shall organize the
appraisal of draft resolutions of the People’s Council submitted by the
People’s Committee before submitting to the People’s Committee within 10 days
from the date of receiving a complete dossier.
The Office of the commune-level
People’s Council and People’s Committee shall collect appraisal opinions in
writing or organize appraisal meetings with the participation of relevant
agencies and organizations.
2. The
drafting agency shall submit the appraisal application, including the
application form for appraisal and the following documents:
a) Documents as prescribed in
Clause 3 of Article 52 of this Decree;
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3. The Office
of the commune-level People’s Council and People’s Committee shall receive and
check the draft document dossier. In case the dossier does not comply with the
provisions of Clause 2 of this Article, within 03 working days from receipt,
the Office of the commune-level People’s Council and People’s Committee shall
request the drafting agency to supplement and complete the dossier.”;
b) Amendment to point b of
clause 5:
“b) The conformity of the draft
resolution’s content with the CPV’s guidelines and policies;”;
c) Amendment to point d of
clause 5:
“d) The necessity and
rationality of the administrative procedures, performance of assigned tasks and
powers, the application and promotion of scientific and technological
development, innovation, and digital transformation;”.
33. Amendment to the title of Article 54:
“Article 54. Presidents of
Provincial People’s Committees reviewing and deciding the submission of draft
resolutions”
34. Amendments to some points and clauses of Article 55:
b) Amendment to point b of
clause 2:
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b) Amendment to point d of
clause 2:
“d) The necessity and
rationality of the administrative procedures, performance of assigned tasks and
powers, the application and promotion of scientific and technological
development, innovation, and digital transformation;”.
35. Amendment to the title of Section 5 of Chapter IV:
“Section
5
FORMULATION
AND ISSUANCE OF DECISIONS OF THE PRESIDENTS OF THE COMMUNE-LEVEL PEOPLE’S
COMMITTEES”
36. Amendment to clause 1 of Article 58:
“1. The Office of the
commune-level People’s Council and People’s Committee shall organize the
appraisal of draft decision before submitting to the People’s Committee within
10 days from the date of receiving a complete dossier.”.
37. Additional of Section 6 after Section 5 of Chapter IV:
“Section
6
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Article 59a. Simplified
procedures for formulation and issuance of resolutions of People's Councils at
all levels
1. The
proposal and decision to apply simplified procedures shall be carried out
before or during the drafting of legislative documents.
2. The
written proposal to apply simplified procedures shall comply with clause 3,
Article 51 of this Law.
3. The
drafting of legislative documents under simplified procedures shall comply with
clause 4, Article 51 of this Law.
4. The
appraisal of legislative documents under simplified procedures shall comply
with the following regulations:
a) A dossier on appraisal of draft
document includes the appraisal application; draft proposal; draft document;
comparison document; explanatory note on the draft content; other documents (if
any);
b) Within 07 working days from
the receipt of valid dossier, the appraisal agency shall appraise the draft
document. For draft document that has complicated content related to different
sectors, the deadline for appraisal shall be within 15 days from the receipt of
valid dossier;
c) The drafting agency shall
research and provide explanations to appraisal opinions. If the draft document
is not satisfied for submission, the drafting agency shall revise, explain and
complete the draft document for re-appraisal. The re-appraisal shall comply
with regulations in this Article.
5. The
verification of resolutions of People’s Councils under simplified procedures
shall comply with the following regulations:
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b) Within 07 working days from
the receipt of valid dossier, the verification agency shall verify the draft
document. For draft document that has complicated content related to different
sectors, the deadline for appraisal shall be within 15 days from the receipt of
valid dossier;
c) The drafting agency shall
research and provide explanations to verification opinions. If the draft
document is not satisfied for submission, the verification agency shall
consider returning the dossier for amendment and completion.
6. The
consideration and ratification of draft resolutions shall comply with point d,
clause 7, Article 51 of the Law. A draft resolution dossier includes: draft
proposal; draft document; comparison document; explanatory note on the draft
content; appraisal report; report on responses and explanations to appraisal
opinions; other documents (if any).”.
Article 59b. Simplified
procedures for formulation and issuance of decisions of People's Decisions at
all levels and Presidents of provincial People’s Committees
1. The
proposal and drafting of decisions of People's Decisions at all levels and
Presidents of provincial People’s Committees shall comply with clauses 1, 2 and
3, Article 59a of this Decree.
2. The
appraisal of draft decisions of People's Decisions at all levels and Presidents
of provincial People’s Committees shall comply with the following regulations:
a) The appraisal of draft
decisions of People's Decisions at all levels shall comply with clause 4,
Article 59a of this Decree;
b) A dossier on appraisal of
draft decision of President of provincial People’s Committee includes appraisal
application; draft proposal; draft document; comparison document; explanatory
note on the draft content; other documents (if any).
The deadline for appraisal,
revision, provision of explanations, re-appraisal shall comply with points b
and c, clause 4, Article 59a of this Decree.
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38. Amendments to clause 1, Article 68:
“1. The cited documents shall
comply with the following regulations:
a) If the cited document is a
law or ordinance, the title and number of the document shall be stated. If the
document has been amended, the phrase “amended by”, type, number of amending
document shall be added after the title and number of the original document. If
the original document is amended multiple times, from the second amending
document, only the type and number of the document shall be stated;
For subsequent citations, only
the type and number of the document are required to be stated. For amended
document, the phrase “amended by”, type, number of amending document shall be
added after the number of the original document;
b) For other type of document,
the first citation shall include the type, number and title of the document. If
the document has been amended, the phrase “amended by”, type, number of
amending document shall be added after the title of the original document. If
the original document is amended multiple times, from the second amending
document, only the type and number of the document shall be stated;
For subsequent citations, only
the type and number of the document are required to be stated. For amended
document, the phrase “amended by”, type, number of amending document shall be
added after the number of the original document.”.
39. b) Amendments to point dd, clause 2, Article 77:
“dd) Ministers, heads of
ministerial agencies shall direct the formulation of the Tenure-specific
legislative orientation of the National Assembly, Annual legislative program
within their jurisdiction; provide guidelines for affiliated agencies and units
to implement or participate in the formulation and issuance of legislative
documents.
Legal departments shall assist
ministers and heads of ministerial agencies in managing the law formulation
within their sectors. Departments of Justice shall assist provincial People’s
Committees, Offices of commune-level People’s Councils and People’s Committees
in assisting commune-level People’s Committees in managing the law formulation
within their jurisdiction.”.
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1. Amendments
to clause 3, Article 2:
“3. The legislative document
examining agency shall assist competent agencies and persons in examining
legislative documents prescribed in clauses 1, 2, 3, 4 and 5, Article 14 and
clause 1, Article 15 of this Decree including: The Department of Legislative
Document Examination and Management of Handling of Administrative Violations
under the Ministry of Justice, Legal Departments under ministries, ministerial
agencies, Justice Departments.”.
2. Amendments
to Article 4:
“Article 4. Documents
subject to examination
1. Legislative
documents prescribed in clauses 3 thru 15, Article 4 of the Law; legislative documents
prescribed in clauses 3 thru 15, Article 4 of the Law with classified
information as identified by competent persons.
2. Valid
documents that are suspected to contain legal norms but are not promulgated in
accordance with regulations on competence, form, sequence and procedures. To be
specific:
a) Documents of the Standing
Committee of the National Assembly, the President, the Presidium of the Central
Committee of the Vietnam Fatherland Front, the Council of Judges of the Supreme
People's Court, the Chief Justice of the Supreme People's Court, the Procurator
General of the Supreme People's Procuracy and the State Auditor General; the
Government, the Prime Minister; Ministers, Directors of ministerial agencies,
provincial and commune-level local governments within special
administrative-economic divisions;
b) Documents of Governmental
agencies; Standing Committees of the People's Councils, Chairpersons of the
People's Councils, Chairpersons of People's Committees at all levels;
organizations under and affiliated to Ministries, ministerial agencies,
Governmental agencies; other specialized agencies and administrative
organizations under People's Committees of provinces and communes.
3. Valid
documents guiding the execution of legislative documents of competent agencies
and persons as prescribed in clause 1, Article 61 of the Law.”.
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a) Amendments to the title of
Article 11:
“Article 11.
Responsibilities for assisting Ministers and heads of ministerial agencies,
local governments at all levels, Presidents of provincial People’s Committees,
local governments within special administrative-economic divisions in
internally examining documents”;
b) Amendments to clause 2:
“2. Responsibilities for
assisting local governments, Presidents of provincial People’s Committees,
local governments within special administrative-economic divisions in
internally examining legislative documents:
a) People's Committees,
Presidents of provincial People's Committees, local governments within special
administrative-economic divisions shall assign competent agencies and persons
to assist People’s Committees, Presidents of provincial People’s Committees,
local governments within special administrative-economic divisions to
internally examine documents.
Departments of Justice,
agencies assigned by local governments within special administrative-economic
divisions, specialized agencies, other administrative organizations or
specialized civil servants assigned by commune-level People’s Committees as a
conduit shall assist People's Committees and presidents of People's Committees
at the same level, local governments within special administrative-economic
divisions in summarizing, supervising and urging the examination of documents;
b) Legal Departments of
provincial People's Councils shall assist provincial People's Councils in the
internal examination of documents of provincial People's Councils. Agencies and
units assigned to assist commune-level People’s Councils shall internally
examine documents of commune-level People’s Councils.”
4. Amendments
to clause 2, Article 12:
“2. The internal examination of
documents prescribed in point a, clause 2, Article 63 of the Law shall be
conducted within 45 days and applicable to documents of the Government, Prime
Minister, ministers and heads of ministerial agencies; within 10 working days
and applicable to local governments and presidents of provincial People's
Committees; within 05 working days and applicable to documents issued under
simplified procedures or in special cases (from the date on which the documents
are ratified or signed).
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5. Amendments
to clauses 1 and 2, Article 14:
Ministers
and heads of ministerial agencies shall review documents issued by other
Ministers, heads of ministerial agencies, provincial local governments,
Presidents of Provincial People’s Committees, and local governments in special
administrative-economic divisions concerning matters related to their
respective sectors and fields of management, if such documents do not contain
state secrets.
2. The
Minister of Justice shall exercise the power to review documents as prescribed
in Clause 1 of this Article and assist the Government in reviewing documents
that do not contain state secrets, including:
a) Circulars issued by
Ministers and heads of ministerial agencies;
b) Regulations related to the
sector or field managed by the ministry or ministerial agency in joint
circulars between Ministers or heads of ministerial agencies and the Chief
Justice of the Supreme People’s Court, the Procurator General of the Supreme
People’s Procuracy, and the State Auditor General;
c) Resolutions of People’s
Councils, decisions of Provincial People’s Committees, decisions of Presidents
of Provincial People’s Committees, and legislative documents of local
governments in special administrative-economic divisions.
6. Amendments
to Clauses 1, 5, and 7 of Article 20:
a) Amendment to clause 1:
“1. The Minister of Justice
shall exercise the power to review documents that do not contain state secrets,
including:
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b) Documents that appear to
contain legal norms issued by Government agencies; Standing Committees of
People’s Councils, Presidents of People’s Councils, Presidents of People’s
Committees at the provincial level; organizations affiliated to ministries,
ministerial agencies, Government agencies; specialized agencies and other
administrative organizations under Provincial People’s Committees.”;
b) Amendment to clause 5:
“5. Provincial People’s
Committees shall review:
a) Documents that appear to contain
legal norms issued by commune-level local governments but are not issued in the
form of legislative documents; documents providing guidance on the application
of legislative documents for legislative documents issued by commune-level
authorities;
b) Documents that appear to
contain legal norms issued by Standing Committees of People’s Councils,
Presidents of Commune-level People’s Councils, Presidents of Commune-level
People’s Committees; specialized agencies and other administrative
organizations under Commune-level People’s Committees.”;
c) Amendment to clause 7:
“Ministers, the Chief of the
Government Office, the Minister of Public Security, and the Minister of
National Defense shall assign affiliated organizations to assist Ministers in
reviewing documents as prescribed in Clauses 2, 3, and 4 of this Article.
The Department of Document
Inspection and Administrative Violation Management of the Ministry of Justice
shall assist the Minister of Justice in reviewing and handling documents as
stipulated in Clause 1 of this Article; Departments of Justice shall assist
People’s Committees at the same level in reviewing documents as prescribed in
Clause 5 of this Article.”.
7. Amendments
to clauses 3, 4 and 8 of Article 24:
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“3. Ministers and heads of
ministerial agencies shall send petition to the Prime Minister to decide:
a) The suspension of execution
or annulment of all or part of illegal documents issued by Ministers, heads of
ministerial agencies, Provincial People’s Committees, and Presidents of
Provincial People’s Committees within their inspection authority;
b) Suspension of execution or
annulment of all or part of illegal resolutions of Provincial People’s Councils
within their inspection authority.
The procedure for submitting
petition to the Prime Minister to handle illegal documents under this Clause
shall comply with the provisions of Article 27 hereof.”;
b) Amendment to clause 4:
“4. The Minister of Justice
shall implement the regulation in Clause 3 of this Article and submit proposals
to the Prime Minister to decide:
a) The suspension of execution,
whole or partial annulment of illegal circulars issued by Ministers, heads of
ministerial agencies; illegal documents of Provincial People’s Committees, and
Presidents of Provincial People’s Committees;
b) Suspension of execution or
annulment of all or part of illegal resolutions of Provincial People’s
Councils.
c) Suspension of enforcement,
annulment of illegal contents under the sectoral or field management
responsibility of ministries or ministerial agencies in joint circulars issued
by Ministers or heads of ministerial agencies together with the Chief Justice
of the Supreme People’s Court, the Procurator General of the Supreme People’s
Procuracy, and the State Auditor General.”
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“8. For illegal resolutions of
Provincial People’s Councils that have been suspended, the Ministry of Justice
shall take charge and cooperate with the Government Office and relevant
ministries and ministerial agencies in preparing and submitting a report to the
Prime Minister for consideration of proposing the Standing Committee of the
National Assembly to annul them.”.
8. Amendment
to clause 3 of Article 25:
“3. Regarding conclusions of
inspection on legislative documents, if the agency or person issuing the
inspection conclusion as prescribed in Clause 2 of this Article does not accept
the petition, the agency or person whose document is concluded shall have the
right to submit petition or report to the competent authority as follows:
a) For legislative documents
issued by Ministers, heads of ministerial agencies, Provincial People’s
Councils, Provincial People’s Committees, Presidents of Provincial People’s
Committees, report to the Prime Minister;
b) For legislative documents of
People’s Councils and People’s Committees at the commune level, report to
Presidents of Provincial People’s Committees.”.
9. Amendment
to clause 1 of Article 28:
“1. Documents handling illegal
legislative documents must be sent by the agency or person who issued the
document to be published in the Electronic Gazette, the National Database on
Law, and the information portal or website of the issuing agency (if any) no
later than 03 days from the date of authentication or issuance.”.
10. Amendments
to Point b of Clause 1 and Clause 3 of Article 35:
b) Amendment to point b of
clause 1:
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b) Amendment to clause 3:
“3. Responsibilities of
agencies, units, and individuals at People’s Committees:
a) Specialized agencies of
Provincial People’s Committees shall take charge and cooperate with the Legal
Affairs Committee of the Provincial People’s Council and relevant agencies in
reviewing and systematizing documents of the Provincial People’s Council,
Provincial People’s Committees, and Presidents of Provincial People’s
Committees within their respective fields.
Other agencies that have taken
charge in drafting documents of the Provincial People’s Council, Provincial
People’s Committees, or Presidents of Provincial People’s Committees shall take
charge and cooperate with the Legal Affairs Committee of the People’s Council,
Departments of Justice, and relevant agencies in reviewing and systematizing
such documents.
Departments of Justice shall be
responsible for urging and providing guidance to agencies on reviewing and
systematizing documents of the Provincial People’s Council, Provincial People’s
Committees, and Presidents of Provincial People’s Committees;
b) Specialized agencies or
other administrative organizations under Commune-level People’s Committees
shall take charge and cooperate with agencies of People’s Council and relevant
agencies in reviewing and systematizing documents of the Commune-level People’s
Committees and People’s Councils in their respective fields.
In case the Commune-level
People’s Committees assign specialized civil servants to assist in state
management of sectors and fields at the commune level, Presidents of
Commune-level People’s Committees shall direct such civil servants to review
and systematize documents of the People’s Councils and People’s Committees
within their responsibility.
Specialized agencies,
administrative organizations, or civil servants assigned to assist
Commune-level People’s Committees in state management regarding review and
systematization of documents (hereinafter collectively referred to as agencies)
shall urge and provide guidance to agencies, organizations, and
individuals on reviewing and systematizing documents of People’s Councils and
People’s Committees at the commune level.”.
11. Amendment
to point b of clause 1 of Article 37:
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12. Amendment
to clause 6 of Article 38:
“6. The publication of
documents elaborating documents elaborating and/or prescribing specific
measures to organize and provide guidance on implementation of documents that
continue to be effective in whole or in part as prescribed in Clause 2 of
Article 57 of the Law.”.
13. Amendment
to Article 39:
“Article 39. Identification
of documents serving as a basis for review and legislative documents subject to
review
1. Documents
that amend, supplement, replace, annul, temporarily suspend the effect, or
provide the expiry date of one or more documents shall serve as a basis for
review. Documents that are amended, supplemented, replaced, annulled;
suspended, or provided with the expiry date shall be reviewed.
2. Documents
that amend, supplement, replace, annul, suspend the effect, or provide the
expiry date of one or more documents shall serve as a basis for review.
Documents serving as a basis for issuance that are amended, supplemented,
replaced, annulled; provided with the expiry date, announced to cease to have
effect; or suspended shall be reviewed.
3. Documents
that amend, supplement, replace, annul, suspend the effect, or provide the
expiry date of one or more documents that are referred to in one or more other
documents shall serve as a basis for review. Documents containing references to
documents that are amended, supplemented, replaced, annulled, provided with the
expiry date, announced to cease to have effect, or suspended shall be reviewed.
4. Documents
containing regulations involved in one or more previously issued documents
shall serve as a basis for review; such previously issued documents shall be
subject to review.”.
14. Amendments
to clauses 2, 3, 4 and 6 of Article 43:
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Lists of central-level, provincial-level,
and commune-level expired or suspended documents must be posted on the
electronic Official Gazette and updated on the national database on law
as prescribed.”;
b) Amendment to clause 3:
“3. Expired or suspended
documents included in the list for annual publication must have their
expiration or suspension dates within one year, from January 1 to December 31.
If expired or suspended
documents belong to a previous publication period but have not yet been
published, the reviewing agency shall include such documents in the list for
publication.”;
c) Amendment to clause 4:
“4. Decisions on publishing
lists of expired or suspended documents by Ministers, heads of ministerial
agencies, and Provincial People’s Committees shall be sent to the Ministry of
Justice; decisions by Commune-level People’s Committees shall be sent to the
Provincial People’s Committees and Departments of Justice for monitoring.”;
d) Amendment to clause 6:
“6. Legal departments of ministries,
ministerial agencies, units assigned to assist the Minister of Justice in state
management of review and systematization of documents, Departments of Justice,
and agencies assigned to assist Commune-level People’s Committees in state
management of review and systematization of documents shall consolidate,
prepare, and submit decisions on publication of lists of expired or suspended
documents to Ministers, heads of ministerial agencies, Provincial People’s
Committees, and Commune-level People’s Committees.”;
15. Amendment
to clause 1 of Article 46:
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Heads of organizations
affiliated to ministries and ministerial agencies shall assist their superiors
in planning and organizing reviews of documents within their responsibilities.
Heads of specialized agencies
of Provincial People’s Committees, other administrative organizations, or
specialized civil servants of Commune-level People’s Committees shall take
charge and cooperate with related agencies and individuals in assisting the
People’s Committees at the same level in planning and organizing reviews of
documents within their responsibilities.”.
16. Amendment
to clause 7 of Article 51:
“7. The results of document
systematization must be published on the National Database on Law as
prescribed. Lists of expired or suspended documents at central, provincial, and
commune levels must be published on the Electronic Official Gazette.
If, after publication, errors
in document lists or systematized volumes of unexpired documents are found, a
re-review and correction must be conducted.”.
17. Amendments
to clauses 1, 2, and 3 of Article 53:
“1. Responsibility to advise
Ministers, heads of ministerial-level agencies, and People’s Committees at all
levels in developing and taking charge in organizing implementation of document
systematization plans:
a) For documents under the
responsibility of Ministers and heads of ministerial-level agencies, the legal
departments, or units assigned to assist the Minister of Justice in state
management of review and systematization shall take charge;
b) For documents under the
responsibility of Provincial People’s Committees, the Departments of Justice
shall take charge;
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2. Agencies
of ministries and ministerial agencies shall systematize documents and submit
results to legal departments of ministries and ministerial agencies or units
assigned to assist the Minister of Justice in state management of review and
systematization for consolidation.
Provincial and commune-level
agencies and unit shall systematize documents and submit results to Departments
of Justice or agencies assigned to assist Commune-level People’s Committees in
state management of review and systematization for consolidation.
3. Legal
departments of ministries, ministerial agencies, units assigned to assist the
Minister of Justice in state management of review and systematization of
documents, Departments of Justice, and agencies assigned to assist
Commune-level People’s Committees in state management of review and
systematization of documents shall consolidate and re-check the results of
systematizing documents, and submit them to the Ministers, Heads of the
ministerial agencies, or People's Committees at the same level for
consideration and announcement.".
18. Amendment
to clause 5 of Article 56:
“5. Funding for inspection,
review, systematization, and handling of legislative documents shall be provided
by the state budget according to the delegation of power of the competent
authorities, and other lawful funding sources as prescribed by law.
The content and expenditure
levels for inspection, review, systematization, and handling of legislative
documents shall comply with regulations of the Government and the Minister of
Finance.”.
19. Amendment
to point a of clause 1 of Article 58:
“a) Urge, direct, and inspect
the inspection and handling of legislative documents in accordance with the Law
on Promulgation of Legislative Documents and other relevant laws;”.
Article
3. Amendments, replacement and annulment of some regulations in Decree No.
78/2025/ND-CP dated April 1, 2025 of the Government elaborating the Law on
Promulgation of Legislative Documents and Decree No. 79/2025/ND-CP dated April
1, 2025 of the Government on inspection, review, systematization and handling
of legislative documents
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a) The word “Draft” is added
before the word “Proposal” at Point a of Clause 3 of Article 57;
b) The phrase “bill, draft” is
added after the word “inspection” at Clause 1 of Article 72;
c) The phrase “report and” in
Clause 2 of Article 13 is removed;
d) Clause 4 of Article 13;
Clause 4 of Article 48; Clause 6 of Article 51; Clause 4 of Article 56; Clause
5 of Article 59 are annulled;
dd) The phrase “(if any)” in
Point d of Clause 7 of Article 28; Point d of Clause 7 of Article 37; Point dd
of Clause 5 of Article 40; Point d of Clause 6 of Article 45; Point dd of
Clause 3 of Article 47 is removed.
2. Removal/annulment
and replacement of some words, phrases and clauses of Decree No. 79/2025/ND-CP:
a) The phrase “Department of Justice”
in Point c of Clause 3 of Article 18 is removed; the phrase “Head of the
Department of Justice” in Clause 7 of Article 24 is removed;
b) Clause 6 of Article 20;
Clauses 2 and 3 of Article 60 are annulled;
c) The phrase “at all levels”
in Clause 1 and Clause 2 of Article 16 are replaced with the phrase “provincial
level”.
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a) Appendix I issued with
Decree No. 78/2025/ND-CP is replaced with Appendix I issued with this Decree;
b) Appendix II issued with
Decree No. 78/2025/ND-CP is replaced with Appendix II issued with this Decree;
c) Appendix III issued with
Decree No. 78/2025/ND-CP is replaced with Appendix III issued with this Decree;
d) Appendix IV issued with
Decree No. 78/2025/ND-CP is replaced with Appendix IV issued with this Decree;
Article
4. Effect
This Decree comes into force
from July 01, 2025.
Article
5. Transitional provisions
1. Draft
legislative documents that have been appraised before the effective date of
this Decree but have not yet been issued shall continue to be implemented
according to the procedures prescribed in Decree No. 78/2025/ND-CP.
2. In case
of detecting that a document of a district-level local governments is issued
illegally, the Department of Justice shall submit petitions to the President of
the Provincial People's Committee to review and handle it according to the
regulations of Clause 7 of Article 24 of Decree No. 79/2025/ND-CP.
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ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long