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MINISTRY OF INDUSTRY AND TRADE
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 SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 19/2018/TT-BCT

Hanoi, July 19, 2018

 

CIRCULAR

PRESCRIBING FORMULATION AND PROMULGATION OF LEGISLATIVE DOCUMENTS OF MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Law on promulgation of legislative documents dated June 22, 2015;

Pursuant to the Ordinance on consolidation of legislative documents dated March 22, 2012;

Pursuant to the Ordinance on codification of legislative documents dated April 16, 2012;

Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 08, 2010 on control of administrative procedures; the Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to Decrees on control of administrative procedures; the Government’s Decree No. 92/2017/ND-CP dated August 07, 2017 on amendments to Decrees on control of administrative procedures;

Pursuant to the Government’s Decree No. 63/2013/ND-CP dated June 27, 2013 providing guidelines for implementation of the Ordinance on codification of legislative documents;

Pursuant to the Government’s Decree No. 52/2015/ND-CP dated May 28, 2015 on the national law database;

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Pursuant to the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016 providing guidelines for implementation of the Law on promulgation of legislative documents;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of the Legal Department;

The Minister of Industry and Trade promulgates a Circular prescribing the formulation and promulgation of legislative documents of the Ministry of Industry and Trade.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides regulations on preparation, procedures for proposing or planning programs on formulation of legislative documents, drafting, appraisal, promulgation, consolidation and codification of legislative documents, and updating national database featuring legislative documents promulgated or presented by the Minister of Industry and Trade to a competent authority for promulgation.

2. Legislative documents prescribed herein include:

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b) Ordinances and resolutions of the Standing Committee of National Assembly;

c) Decrees of the Government;

d) Decisions of the Prime Minister;

dd) Circulars of Minister of Industry and Trade, Joint Circulars of Minister of Industry and Trade and Chief Justice of the People’s Supreme Court and/or the Director of the People’s Supreme Procuracy prescribing the cooperation in legal proceedings.

3. Drafting and promulgation of Circulars on promulgation of technical regulations in the Industry and Trade field shall comply with regulations of law on technical regulations and provisions herein.

Article 2. Regulated entities

This Circular applies to Directorates, Agencies, Departments, Ministry Office, Office of Vietnam Competition Council and Ministry Inspectorate (hereinafter referred to as “Ministry-affiliated units”), other organizations and individuals involving in the formulation and promulgation of legislative documents under state management of the Ministry of Industry and Trade.

Article 3. Directing formulation and promulgation of legislative documents

1. The Minister of Industry and Trade shall assume the comprehensive direction of the formulation, appraisal and formulation of legislative documents of the Ministry of Industry and Trade.

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Article 4. Format and technique for presentation of legislative documents

Format and technique for presentation of legislative documents shall conform to regulations in Chapter V of the Government’s Decree No. 34/2016/ND-CP dated May 14, 2016.

Article 5. Control of administrative procedures during formulation and promulgation of legislative documents

During the preparation of proposals for formulation, drafting and promulgation of legislative documents which contain administrative procedures, the Ministry-affiliated units shall comply with regulations in Chapter II of the Circular No. 18/2018/TT-BCT dated July 19, 2018 of the Ministry of Industry and Trade prescribing control of administrative procedures in sectors under state management of the Ministry of Industry and Trade.

Article 6. Control of conditional business lines and business conditions

1. If a proposal for formulation of a law, ordinance or decree includes proposal for changes or addition of conditional business lines or business conditions, such proposal must include the contents specified in Clause 2 Article 14 of the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015.

2. The in-charge unit shall request the Ministry’s leader to sign the written request which is sent to the Ministry of Planning and Investment for opinions about the contents specified in Clause 1 of this Article.

3. Annually and on demand, the Ministry-affiliated units shall review and assess the implementation of regulations on conditional business lines and business conditions under their management as prescribed in Article 15 of the Decree No. 118/2015/ND-CP.

Chapter II

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Section 1. PROPOSALS FOR FORMULATION OF LEGISLATIVE DOCUMENTS OF NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF NATIONAL ASSEMBLY TO BE SUBMITTED BY THE GOVERNMENT

Article 7. Making of proposals for formulation of laws, ordinances and resolutions

1. Making of proposals for formulation of legislative documents as regulated in Articles 8 through 12 of this Circular applies to:

a) Laws of the National Assembly;

b) Resolutions of the National Assembly as prescribed in Point b and Point c Clause 2 Article 15 of the Law on promulgation of legislative documents (hereinafter referred to as "the Law”);

c) Ordinances of the Standing Committee of National Assembly;

d) Resolutions of the Standing Committee of National Assembly as prescribed in Point b Clause 2 Article 16 of the Law.

2. Before making proposals for formulation of laws, ordinances and resolutions as prescribed in Clause 1 of this Article, the Ministry-affiliated units shall make and send plans for proposal for formulation of laws, ordinances and resolutions (in which durations for preparing documents, getting opinions, sending the plan to the Legal Department for examination, submitting it to the Ministry of Justice for appraisal, and submitting it to the Government for approval must be specified) to the Legal Department for consideration before they are submitted to the Ministry’s leader for approval.

Article 8. Dossier of proposals for formulation of laws, ordinances and resolutions

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If the formulation of a legislative document containing administrative procedures is proposed, the dossier of proposal must also include the documents specified in Article 5 hereof.

If a proposal for formulation of legislative document includes proposals for changes or addition of conditional business lines and business conditions, the dossier of proposal must also include the documents specified in Article 6 hereof.

2. Formulation of contents of policies and regulatory impact assessment included in a proposal for law, ordinance or resolution formulation shall conform to the regulations in Section 1 Chapter II of the Decree No. 34/2016/ND-CP.

Article 9. Collection of opinions on proposals for formulation of laws, ordinances and resolutions

1. The proposing unit shall collect opinions of subjects directly affected by the policies determined in the proposal for law, ordinance or resolution formulation and of related agencies, organizations and individuals in the forms prescribed in Article 36 of the Law and Article 10 and Article 11 of the Decree No. 34/2016/ND-CP.

2. The proposing unit shall also collect opinions of the Ministry of Public Security about the conformity of the law, ordinance or resolution to be formulated with security and public order requirements.

Article 10. Examination of proposals for formulation of laws, ordinances and resolutions

1. The Legal Department shall assume responsibility to examine proposals for formulation of laws, ordinances and resolutions submitted the Ministry-affiliated units before they are sent to the Ministry of Justice for examination.

A dossier sent to the Legal Department for examination must include adequate documents in Clause 1 Article 8 hereof.

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2. The Legal Department shall complete the examination of a dossier of proposal for law, ordinance or resolution formulation within 15 days from the receipt of a sufficient dossier.

3. Contents to be examined shall conform to Clause 3 Article 39 of the Law.

4. The examination report must contain the Legal Department’s opinions on the examined contents as prescribed in Clause 3 of this Article and that whether the proposal for law, ordinance or resolution formulation is qualified for submission to the Ministry of Justice for appraisal before it is submitted to the Government or not.

Article 11. Appraisal of proposals for formulation of laws, ordinances and resolutions

The proposing unit shall study, accept and explain about opinions given by the Legal Department for modifying and completing the dossier of proposal for law, ordinance or resolution formulation, and then submitting it to the Ministry's leader for submission to the Ministry of Justice for appraisal as regulated in Clause 2 Article 39 of the Law.

Article 12. Submission of proposals for formulation of laws, ordinances and resolutions to the Government for consideration

1. The proposing unit shall study, explain and accept opinions given by the Ministry of Justice for modifying and completing its proposal for law, ordinance or resolution formulation, and send the modified proposal for law, ordinance or resolution formulation accompanied by relevant explanations to the Ministry of Justice before it is submitted to the Government as regulated in Clause 2 of this Article.

2. The proposing unit shall request the Ministry’s leader to submit the proposal for law, ordinance or resolution formulation to the Government at least 20 days before the Government’s session. The dossier of proposal submitted to the Government shall include the documents specified in Clause 2 Article 40 of the Law.

3. Based on the Government’s resolution on approval for the proposal for law, ordinance or resolution formulation, the proposing unit shall take charge and cooperate with the Legal Department in completing and submitting the dossier of proposal for law, ordinance or resolution formulation to the Ministry’s leader for approval by December 15 every year for submission to the Ministry of Justice as regulated in Clause 4 of this Article.

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E.g.: By December 31, 2016, the dossier of proposal for law, ordinance or resolution formulation must be submitted to the Ministry of Justice for making the Government’s proposal on law- and ordinance-making program of the year 2018.

Section 2. PROPOSALS FOR FORMULATION OF LEGISLATIVE DOCUMENTS OF THE GOVERNMENT, PRIME MINISTER AND MINISTER OF INDUSTRY AND TRADE

Article 13. Proposals for formulation of decrees as regulated in Clause 2 and Clause 3 Article 19 of the Law

1. The unit proposing formulation of decrees prescribed in Clause 2 and Clause 3 Article 19 of the Law shall prepare a dossier of proposal for decree formulation which must contain the documents specified in Article 87 of the Law. If the formulation of a legislative document containing administrative procedures is proposed, the dossier of proposal must also include the documents specified in Article 5 hereof. If a proposal for formulation of legislative document includes proposals for changes or addition of conditional business lines and business conditions, the dossier of proposal must also include the documents specified in Article 6 hereof.

Formulation of contents of policies and regulatory impact assessment included in a proposal for decree formulation shall conform to Clause 2 Article 8 hereof.

2. The proposing unit shall collect opinions of subjects directly affected by the policies determined in the proposal for decree formulation and of related agencies, organizations and individuals in the forms prescribed in Article 86 of the Law and Article 10 and Article 11 of the Decree No. 34/2016/ND-CP.

3. The Legal Department shall assume responsibility to examine dossiers of proposals for decree formulation submitted the Ministry-affiliated units before they are sent to the Ministry of Justice for examination.

A dossier sent to the Legal Department for examination must include adequate documents in Clause 1 of this Article.

4. The Legal Department shall complete the examination of a dossier of proposal for decree formulation within 15 days from the receipt of a sufficient dossier.

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5. The proposing unit shall study and accept opinions given by the Legal Department for modifying and completing the dossier of proposal for decree formulation, and then submitting it to the Ministry’s leader for submission to the Ministry of Justice for appraisal as regulated in Clause 2 Article 88 of the Law.

6. The proposing unit shall, after studying, explaining and accepting opinions given by the Ministry of Justice, modify and complete the dossier of proposal for decree formulation, and then submitting it to the Ministry’s leader for approval before it is submitted to the Government for consideration as regulated in Clause 2 Article 89 of the Law.

Article 14. Proposals for formulation of decrees regulated in Clause 1 Article 19 of the Law, Decisions of the Prime Minister, circulars/joint circulars

1. A proposal for formulation of decrees regulated in Clause 1 Article 19 of the Law includes:

a) The explanation of the proposal for decree formulation which specifies name of the decree, necessity and legal grounds for decree promulgation, primary policies and contents of the decree, list of administrative procedures (if any), proposals for changes or addition of conditional business lines and business conditions as regulated in Article 6 hereof;

b) The information about the authority in charge of drafting (hereinafter referred to as "drafting authority"), resources for decree formulation and intended time for submission of decree to the Government (expressed in month);

c) The regulatory impact assessment report;

d) The written assessment of administrative procedures (if any);

dd) Opinions of related agencies and units as prescribed in Clause 4 of this Article.

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a) The explanation of the proposal for decision formulation which specifies the decision's name, the necessity and legal grounds for decision promulgation, primary contents and list of administrative procedures (if any);

b) The information about the drafting authority, resources for decision formulation and intended time for submission of the decision to the Prime Minister (expressed in month);

c) The written assessment of administrative procedures (if any);

d) Opinions of related agencies and units as prescribed in Clause 4 of this Article.

3. A proposal for circular/ joint circular formulation includes:

a) The explanation of the proposal for circular/ joint circular formulation which specifies the circular/ joint circular’s name, the necessity and legal grounds for circular/ joint circular promulgation, primary contents and list of administrative procedures (if such administrative procedures must be elaborated as regulated by a relevant law);

b) The information about the drafting authority, resources for circular/ joint circular formulation and intended time for promulgation (expressed in month);

c) The assessment of administrative procedures (if such administrative procedures must be elaborated as regulated by a relevant law);

d) Opinions of related agencies and units as prescribed in Clause 4 of this Article.

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Chapter III

LEGISLATIVE DOCUMENT-MAKING PROGRAMS OF MINISTRY OF INDUSTRY AND TRADE

Article 15. Legislative document-making programs of Ministry of Industry and Trade

1. The legislative document-making program of the Ministry of Industry and Trade (hereinafter referred to as the “Program”) is made according to assignment by competent authorities and at the request of the Ministry-affiliated units and examined by the Legal Department.

2. A Program shall inter alia include the following contents:

a) Names of the legislative documents to be formulated and promulgated;

b) The authority that submits or promulgates each legislative document;

c) Intended time for submission of each legislative document (expressed in month);

d) The drafting authority of each legislative document;

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3. The Program shall be annually promulgated by the Minister using the form provided in the Appendix No. 1 enclosed herewith and may be amended in accordance with Article 20 hereof.

4. The Program shall be used as the basis for allocating funding for formulation of legislative documents of the Ministry.

Article 16. Preparation for the Program

1. Ministry-affiliated units shall:

a) send dossiers of proposals for formulation of laws, ordinances, resolutions and decrees that are made according to Article 8 and Article 13 hereof and approved by the Government to the Legal Department for summarization and addition to the Program;

b) send dossiers of proposals for formulation of legislative documents as regulated in Article 14 hereof to the Legal Department for examination, summarization and reporting to the Minister for consideration and addition to the Program.

2. Time limits for sending proposals for formulation of legislative documents as regulated in Clause 1 of this Article are as follows:

a) By December 15 every year for proposals for formulation of laws, ordinances and resolutions of the year following the next year (the year when they are expected to be submitted to the National Assembly and the Standing Committee of the National Assembly);

b) By September 30 every year for proposals for formulation of Government’s decrees and the Prime Minister’s decisions of the following year;

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3. Proposals for formulation of laws, ordinances and decrees may be sent to the Legal Department directly by hand or through the website of the Ministry of Industry and Trade ((www.moit.gov.vn). The Legal Department shall take charge and cooperate with the Ministry-affiliated units to consider, summarize and report these proposals to the Minister.

Article 17. Examination of proposals for formulation of legislative documents

1. The Legal Department shall examine dossiers of proposals for formulation of legislative documents regulated in Article 14 hereof submitted by the Ministry-affiliated units for submission to the Minister for consideration and addition to the Program.

2. If a dossier fails to meet the requirements set forth in Article 14 hereof, the Legal Department shall, within 05 days, request the proposing unit to complete that dossier.

3. The Legal Department shall complete the examination of a dossier of proposal for formulation of legislative document within 07 days from the receipt of a sufficient dossier.

4. Contents to be examined include the necessity and legal grounds for promulgation of the legislative document, scope and regulated entities, primary policies, the consistency and conformity of that legislative document with current laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory, and resources for assuring the formulation and implementation of that legislative document.

The Ministry Office shall give opinions about administrative procedures determined in proposals for formulation of legislative documents.

With regard to a proposal for formulation of a legislative document that contains regulations on gender equality, the Legal Department shall give opinions about the formulation of such regulations on gender equality in the draft legislative document.

5. During the examination of a proposal for formulation of a legislative document, the proposing unit shall explain any contents that require clarification to the Legal Department.

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1. Upon the examination of dossiers of proposals for formulation of legislative documents submitted by the Ministry-affiliated units, the Legal Department shall draw up the draft Program and send it to the Ministry-affiliated units for opinions and publish it on the website of the Ministry of Industry and Trade (www.moit.gov.vn) for collecting opinions of related agencies, units and individuals.

2. Based on opinions given by the Ministry-affiliated units, related agencies, units and individuals, the Legal Department shall revise and finalize the draft Program and then submit it to the Minister for consideration and promulgation by December 31 every year.

Article 19. Implementation of the Program

1. The head of the drafting authority shall:

a) ensure drafting schedule, process and quality;

b) submit periodical reports (weekly, monthly, quarterly and annually) or ad hoc reports on the implementation of the Program to the Legal Department for consideration and reporting to the Ministry' leader or competent authorities.

In case of failure to meet the drafting schedule requirements, the head of the drafting authority shall provide reasons thereof and suggest appropriate remedial measures;

c) 06-month report and annual report must be respectively submitted by June 15 and November 15 every year.

2. The Legal Department shall:

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b) report to the Minister on matters arising in the course of implementing the Program;

c) draw up draft 06-month, annual or ad hoc reports on the formulation of legislative documents according to the assignment of the Ministry's leader or at the request of competent authorities.

3. Implementation results of the Program shall be taken into account when making annual assessment of performance of the Ministry-affiliated units.

Article 20. Adjustment of the Program

1. Adjustments to the Program shall be made in the following cases:

a) Remove from the Program the legislative documents that are deemed unnecessary due to changes in socio-economic conditions;

b) Include the Program the legislative documents that are deemed necessary to serve the state management of sectors under management of the Ministry of Industry and Trade or that must be amended to suit new documents so as to ensure the uniformity of the legal system or implement international commitments;

c) Adjust the submission time due to failure to meet drafting schedule requirements or unsatisfactory drafting quality.

2. The Ministry-affiliated unit that wishes to make adjustments to the Program shall submit a written proposal for adjustment of the Program to the Legal Department, in which contents to be adjusted and explanation thereof must be clearly stated. In case of proposing for addition of a legislative document to the Program as regulated in Point b Clause 1 of this Article, the documents prescribed in Article 13 and Article 14 hereof must be adequately submitted. In case of proposing for adjustment of the time for submission of a legislative document included in the Program, the proposing unit shall make a report thereof and is required to obtain the Minister's approval before sending the proposal to the Legal Department.

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4. Where necessary, the Legal Department shall review and assess the implementation of the Program by December 25 every year and propose the Minister to remove from the Program the legislative documents that cannot be completed in the same year because of objective reasons.

Chapter IV

DRAFTING OF LEGISLATIVE DOCUMENTS

Article 21. Drafting of laws, ordinances, resolutions and decrees

1. Drafting of laws, ordinances and resolutions shall be made by the Drafting Boards and editorial groups prescribed in Articles 52 through 55 of the Law and Articles 25 through 27 of the Decree No. 34/2016/ND-CP.

2. Heads of drafting authorities shall draw up drafts of decrees prescribed in Clause 2 and Clause 3 Article 19 of the Law on the basis of policies approved by the Government, and ensure the consistency of decrees prescribed in Clause 1 Article 19 of the Law with documents assigned to be elaborated.

Where necessary, drafting authorities may request the Minister to establish Drafting Boards and editorial groups for drafting decrees in accordance with Point b Clause 2 Article 90 of the Law and Articles 25 through 27 of the Decree No. 34/2016/ND-CP.

In case no Drafting Board is established, the drafting authority may request the Minister for approval for establishment of an editorial group in charge of drafting decrees.

Article 22. Drafting of decisions of the Prime Minister, circulars/ joint circulars

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2. The head of drafting authority shall request the Minister to consider and decide the establishment of drafting groups within 30 days from the date of promulgation of the Program.

A drafting group taking charge of drafting of the Prime Minister's decisions is comprised of the drafting group's head who is a leader of the drafting authority and other members who are representatives of the Ministry of Justice, the Office of the Government, Legal Department and related authorities, units and individuals.

A drafting group taking charge of drafting of Minister’s circulars is comprised of the drafting group’s head who is a representative of the drafting authority and other members who are representatives of the Legal Department and related authorities, units and individuals.

A drafting group of joint circulars of which the drafting is taken charge by the Ministry of Industry and Trade is comprised of the drafting group’s head who is a leader of the drafting authority and other members who are representatives of the Legal Department and related authorities, units and individuals.

3. The drafting group shall make detailed plan and organize the drafting of draft legislative documents, ensure drafting quality and schedule determined in the Program.

4. In case circulars are to be promulgated to come into force at the same time with laws, ordinances, Government’s decrees or the Prime Minister’s decisions specified in Clause 1 of this Article or circulars requiring urgent formulation, submission or promulgation, drafting authorities may request the Minister to consider permitting drafting without establishment of drafting groups.

Article 23. Collection of opinions in the course of drafting of legislative documents

1. In the course of drafting of a legislative document, the drafting authority shall collect opinions of subjects directly affected by the draft legislative document and of related authorities, organizations and individuals in the forms prescribed in Article 57, Article 91, Point d Clause 2 Article 97, Clause 2 Article 101, and Clause 3 Article 110 of the Law.

2. If a draft legislative document contains regulations that directly affect rights, interests and obligations of people and enterprises, the drafting authority shall send written request to the Vietnamese Fatherland Front and Vietnam Chamber of Commerce and Industry for their opinions.

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4. Drafting authorities shall collect opinions of related units affiliated to the Ministry about draft legislative documents. Ministry-affiliated units shall give opinions as requested. The head of the unit asked for opinions shall assume responsibility before the Minister for refusal or delay in giving opinions and any matters (if any) relating to contents under its management.

Article 24. Consolidation, acceptance of opinions and revision of draft legislative documents

1. The drafting authority shall assume responsibility to consolidate, study, accept and explain opinions given by related authorities, organizations and individuals. The drafting authority shall provide explanation about its refusal to accept any opinion.

2. After revising the draft legislative document as prescribed in Clause 1 of this Article, the drafting authority shall report and ask the Ministry’s leader for guidance on progress, complex contents or matters of the draft legislative document or those on which opinions remain divergent.

After receiving guidance from the Ministry’s leader, the drafting authority shall revise the draft legislative document. The drafting authority may continue collecting opinions of related authorities, units, organizations and individuals, whether they are affiliated to the Ministry or not, if it is deemed necessary.

Article 25. Drafting of legislative documents according to simplified order and procedures

In an emergency or in order to wholly or partially suspend effect of a legislative document that is the National Assembly’s law or resolution, ordinance or resolution of the Standing Committee of the National Assembly, the Government’s decree, or the Prime Minister’s decision for a fixed period or that legislative document needs to be amended immediately to be conformable with a new legislative document, simplified order and procedures shall be applied to formulation and promulgation of that legislative document in accordance with Articles 146 through 149 of the Law.

Chapter V

APPRAISAL OF DRAFT LEGISLATIVE DOCUMENTS

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1. Authorities in charge of drafting of legislative documents to be promulgated by the National Assembly, the Standing Committee of National Assembly, the Government or the Prime Minister shall send dossiers of such draft legislative documents to the Legal Department for appraisal before they are submitted to the Ministry’s leader for consideration and submission to the Ministry of Justice for appraisal in accordance with the Law.

2. Authorities in charge of drafting of circulars shall send dossiers of draft circulars to the Legal Department for appraisal before they are submitted to the Minister for consideration and signature.

Article 27. Dossiers sent to Legal Department for appraisal

1. A dossier sent to the Legal Department for appraisal may comprise printed copies or electronic copies. Statement and draft legislative document must be printed copies. Other documents may be electronic copies. In case printed copies are sent, 05 sets of dossier shall be sent to the Legal Department for appraisal.

2. With regard to bills, draft ordinances and draft resolutions, a dossier submitted for appraisal includes:

a) The draft statement of the draft legislative document submitted to the Government;

b) The draft legislative document;

c) The assessment of administrative procedures included in the draft legislative document, and explanatory report on acceptance of opinions of the Administrative Procedures Control Agency (affiliated to the Office of the Government) if that draft legislative document contains administrative procedures;

d) The report on inclusion of gender equality-related contents in the draft legislative document which contains regulations on gender equality issues;

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e) Other documents (if any).

3. With regard to draft decrees, a dossier submitted for appraisal includes:

a) The draft statement of the draft decree submitted to the Government;

b) The draft decree;

c) The report on consolidation, explanation and acceptance of opinions of authorities, organizations, individuals and subjects directly affected by that decree; photocopies of written opinions of ministries, ministerial agencies and Governmental agencies. If the draft decree contains changes or addition of conditional business lines or business conditions, the copy of written opinion given by the Ministry of Planning and Investment about the contents prescribed in Clause 1 Article 6 hereof and the report on explanation and acceptance of such opinion by the drafting authority must be submitted;

d) The assessment of administrative procedures and explanatory report on acceptance of opinions of the Administrative Procedures Control Agency (affiliated to the Office of the Government) if that draft decree contains administrative procedures;

dd) The report on inclusion of gender equality-related contents in the draft decree which contains regulations on gender equality issues;

e) Other documents (if any).

4. With regard to Prime Minister’s draft decisions, a dossier submitted for appraisal includes:

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b) The draft decision;

c) The report on consolidation, explanation and acceptance of opinions of authorities, organizations, individuals and subjects directly affected by that draft decision; photocopies of written opinions of ministries, ministerial agencies and Governmental agencies. If the draft decision contains changes or addition of conditional business lines or business conditions, the copy of written opinion given by the Ministry of Planning and Investment about the contents prescribed in Clause 1 Article 6 hereof and the report on explanation and acceptance of such opinion by the drafting authority must be submitted;

d) The assessment of administrative procedures and explanatory report on acceptance of opinions of the Administrative Procedures Control Agency (affiliated to the Office of the Government) if that draft decision contains administrative procedures;

dd) The report on inclusion of gender equality-related contents in the draft decision which contains regulations on gender equality issues;

e) Other documents (if any).

5. With regard to draft circulars/ joint circulars, a dossier submitted for appraisal includes:

a) The draft statement of the draft circular/joint circular submitted to the Minister;

b) The draft circular/joint circular;

c) The report on consolidation, explanation and acceptance of opinions of authorities, organizations, individuals and subjects directly affected by that draft circular/joint circular; photocopies of such written opinions;

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dd) The report on inclusion of gender equality-related contents in the draft circular/joint circular (if any);

e) Other documents (if any).

Article 28. Receipt of dossiers submitted for appraisal

1. The Legal Department shall receive and examine dossiers of draft legislative documents submitted for appraisal.

2. If a dossier fails to meet the requirements set forth in Article 27 hereof, within 03 days from the receipt of that dossier, the Legal Department shall request the drafting authority to supplement the dossier.

Article 29. Organization of appraisal

1. The Legal Department shall assume responsibility to appraise received draft legislative documents.

2. With regard to draft circulars/joint circulars directly affecting rights, benefits and obligations of people and/or enterprises or governing different sectors/fields or of which the drafting is taken charged by the Legal Department, the Legal Department shall request the Ministry's leader to establish an appraisal consultancy council as regulated in Article 48 of Decree No. 34/2016/ND-CP.

3. Time limits for organization of appraisal:

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b) The appraisal of a draft circular or joint circular must be made within 07 days from the date on which the Legal Department receives an adequate dossier thereof;

c) The appraisal of a draft legislative document formulated and promulgated according to simplified procedures shall be made within 05 days from the date on which the Legal Department receives an adequate dossier thereof.

4. The Legal Department may request the drafting authority to provide explanation about the draft legislative document if it is deemed necessary.

5. The Legal Department shall cooperate with the drafting authority to deal with the draft legislative document’s matters on which opinions remain divergent. The Legal Department shall, where necessary, request the Ministry’s leader to chair the meeting with related units to solve such matters before organizing the appraisal.

Article 30. Contents of appraisal

The appraisal of a draft legislative document shall focus on:

1. The conformity of the draft law or ordinance with purposes, requirements, scope and proposed policies in the proposal for law or ordinance formulation which has been approved.

The conformity of the draft decree prescribed in Clause 1 Article 19 of the Law with the document assigned to be elaborated; the conformity of the draft decree with approved policies included in the proposal for decree formulation with regard to decrees prescribed in Clause 2 and Clause 3 Article 19 of the Law.

2. The necessity, regulated entities and scope of the legislative document that is the Prime Minister's decision or a circular/ joint circular.

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4. The constitutionality, lawfulness and consistency of the draft legislative document with the legal system; the compatibility of the draft legislative document with relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

5. The observance of rules and requirements in prescribing administrative procedures, the necessity and lawfulness of changes or addition of conditional business lines or business conditions and the inclusion of gender equality-related contents in the draft legislative document if they are included in the draft legislative document.

6. Assurance of personnel and financial resources for implementation of the legislative document.

7. Language, technique for presentation and procedures for drafting of the legislative document.

Article 31. Appraisal meetings

1. The Legal Department shall assume responsibility to hold the appraisal meeting. With regard to draft legislative documents related to administrative procedures or containing specialized technical factors or on which opinions remain divergent, the Legal Department shall invite representatives of the Ministry Office, the drafting authority, experts, technicians and other related units to the appraisal meeting.

2. An appraisal meeting shall be conducted according to the following order:

a) The head of the Legal Department/ Chairperson of the appraisal consultancy council announces the purpose of the meeting;

b) Rapporteur provides information relating to the draft legislative document, express his/her opinions about appraised contents;

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d) The head of the Legal Department/ Chairperson of the appraisal consultancy council consolidates opinions and reach conclusions.

3. Rapporteur shall make the appraisal meeting record which must include all opinions given at the meeting for using as the basis for drafting of appraisal report. The appraisal meeting record must be signed by the head of the Legal Department/ Chairperson of the appraisal consultancy council.

Article 32. Appraisal report

1. Within 03 days from the end of the appraisal meeting, the Legal Department shall make the appraisal report on the basis of the appraisal meeting record and using the form provided in the Appendix No. 3 enclosed herewith and then send it to the drafting authority.

2. The drafting authority shall study, explain and accept appraisal opinions of the Legal Department/ Appraisal consultancy council for revising and completing the legal legislative document before submitting it to the Ministry’s leader for signature and submission to the Ministry of Justice for appraisal or submitting it to the Minister for signature and promulgation.

Chapter VI

SUBMISSION, PROMULGATION, ANNOUNCEMENT, TRANSLATION AND CONSOLIDATION OF LEGISLATIVE DOCUMENTS

Article 33. Collection of opinions of Ministry’s leader about draft legislative documents

1. Before submitting a draft legislative document to the Minister for signature and promulgation or submission to a competent authority for signature and promulgation, opinions of the Minister, the Vice Minister in charge of contents of that draft legislative document and the Vice Minister in charge of the drafting authority must be collected.

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3. The drafting authority shall provide the Legal Department with dossier of the draft legislative document which has been revised according to the appraisal opinions of the Ministry of Justice (with regard to drafts of legislative documents to be promulgated by the National Assembly, the Standing Committee of the National Assembly, the Government or the Prime Minister) or the appraisal opinions of the Legal Department (with regard to draft circulars and joint circulars) for collecting opinions of the Ministry’s leaders as regulated in Clause 1 of this Article, using the form of request for opinions provided in the Appendix No. 4 enclosed herewith.

4. Within 05 days after receiving the dossier of the draft legislative document, requested Ministry’s leaders shall express their opinions in the requests for opinions and return them to the Legal Department.

5. The Legal Department shall consolidate and send opinions of the Ministry’s leaders to the drafting authority for explaining, accepting as well as revising and completing the draft legislative document for submission to the Government or the Prime Minister or to the Minister for signature and promulgation.

Article 34. Submission of draft legislative documents to the Government and the Prime Minister

The drafting authority shall take charge and cooperate with the Legal Department in preparing the dossier of the draft legislative document which shall be submitted by the Minister to the Government or the Prime Minister. To be specific:

1. A dossier of the bill, draft ordinance or draft resolution submitted to the Government includes:

a) The statement of the draft legislative document submitted to the Government;

b) The draft legislative document revised according to appraisal opinions of the Ministry of Justice;

c) The appraisal report of the Ministry of Justice; the report on explanation and acceptance of appraisal opinions of the Ministry of Justice;

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dd) The report on inclusion of gender equality-related contents in the draft legislative document (if any);

e) The report on consolidation, explanation and acceptance of opinions;

g) Other documents (if any).

The documents specified in Points a, b and c of this Clause shall be printed copies; other documents are electronic copies.

2. A dossier of the draft decree submitted to the Government includes:

a) The statement of the draft decree submitted to the Government;

b) The draft decree which has been revised according to appraisal opinions of the Ministry of Justice;

c) The appraisal report of the Ministry of Justice; the report on explanation and acceptance of appraisal opinions of the Ministry of Justice;

d) The report on consolidation, explanation and acceptance of opinions of authorities, organizations, individuals and subjects directly affected by that decree;

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e) The Government’s Resolution on approval for policies stated in the proposal for formulation of the decree prescribed in Clause 2 or Clause 3 Article 19 of the Law;

g) Other documents (if any).

The documents specified in Points a, b and c of this Clause shall be printed copies; other documents are electronic copies.

3. A dossier of the draft decision submitted to the Prime Minister includes:

a) The statement of the draft decision submitted to the Prime Minister;

b) The draft decision which has been revised according to appraisal opinions of the Ministry of Justice;

c) The appraisal report of the Ministry of Justice; the report on explanation and acceptance of appraisal opinions of the Ministry of Justice;

d) The report on regulatory impact assessment of policies stated in the draft decision;

dd) The report on consolidation, explanation and acceptance of opinions given by related authorities, organizations and individuals;

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The documents specified in Points a, b and c of this Clause shall be printed copies; other documents are electronic copies.

4. The report on explanation and acceptance of appraisal opinions of the Ministry of Justice enclosed with the revised draft legislative document must also be sent to the Ministry of Justice when submitting draft legislative documents to the Government and the Prime Minister as regulated in Clause 1, Clause 2 and Clause 3 of this Article.

Article 35. Provision of information for making press releases

1. Within 03 days from the date on which the Government's decree or the Prime Minister’s decision is signed for promulgation, the drafting authority shall provide related information to the Legal Department for preparing press release using the form provided in the Appendix No. 5 enclosed herewith. Information shall be provided by sending official dispatch and email.

2. Within 02 days after receiving information provided by related units as prescribed in Clause 1 of this Article, the Legal Department shall consolidate and provide the Ministry of Justice with information relating to legislative documents of the Government and the Prime Minister the drafting of which is taken charge by the Ministry of Industry and Trade for the purpose of preparing press release.

Article 36. Updating national law database

1. Within 02 working days from the date of announcement or signature and promulgation of a legislative document the drafting of which is taken charge by the Ministry of Industry and Trade or from the day on which the consolidated document is signed, the drafting authority shall send the “.doc” file of that legislative document to the Legal Department for adding it to the national law database.

2. The “.doc” files of the following legislative documents must be sent to the Legal Department immediately on the date of announcement or signature and promulgation:

a) Legislative documents prescribing implementation measures in emergency state; legislative documents promulgated to meet natural disaster preparedness and control and epidemics requirements as regulated in the Law;

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3. Publishing time limits:

a) Within 15 business days from the receipt of the legislative document as prescribed in Clause 1 of this Article, the Legal Department shall publish it on the national law database.

b) Within 02 business days from the receipt of the legislative document as prescribed in Clause 2 of this Article, the Legal Department shall publish it on the national law database.

4. Heads of the Ministry-affiliated units shall ensure the punctuality, accuracy and adequacy of legislative documents and consolidated documents that they take charge of drafting and provide for the Legal Department for updating the national law database as regulated in Clause 1 and Clause 2 of this Article.

Article 37. Announcement of business conditions and investment requirements to be satisfied by foreign investors

1. With regard to laws, ordinances and decrees prescribing business conditions and investment requirements to be satisfied by foreign investors, drafting authorities shall provide information relating to business conditions and investment requirements to be satisfied by foreign investors as prescribed in Clause 2 Article 12 and Clause 2 Article 13 of the Decree No. 118/2015/ND-CP to the Ministry’s leader for sending to the Ministry of Planning and Investment for publishing on the National Business Registration Portal.

2. The Ministry of Planning and Investment shall publish information relating to business conditions and investment requirements to be satisfied by foreign investors as prescribed in Clause 1 of this Article within 05 business days from the date on which the law, ordinance or decree is signed for promulgation.

Article 38. Submission of circulars/joint circulars for signature and promulgation

1. A dossier of circular/joint circular submitted to the Minister for signature and promulgation includes:

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b) The draft circular/joint circular which has been revised according to appraisal opinions of the Legal Department;

c) The appraisal report of the Legal Department; the report on explanation and acceptance of appraisal opinions;

d) The report on consolidation, explanation and acceptance of opinions of authorities, organizations, individuals and subjects directly affected by the draft circular/joint circular;

dd) The regulatory impact assessment report; the assessment of administrative procedures if the law assigned for detailing prescribes administrative procedures; the report on inclusion of gender equality-related contents in the draft circular/joint circular (if any);

e) The draft decision on announcement of administrative procedures included in the draft circular/joint circular (if any);

g) The report on acceptance and explanation of opinions of the Ministry’s leaders (if any);

h) Other documents (if any).

2. The draft circular/joint circular submitted to the Minister for signature and promulgation must be accompanied by adequate documents specified in Clause 1 of this Article; the heads of the drafting authority and the Legal Department must put their initials at the bottom right hand corner of each individual page of the draft circular/joint circular; the initials of the Chief of the Ministry Office or the authorized Deputy Chief of the Ministry Office shall be sited at “Recipients” section of the document.

Article 39. Releasing and posting circulars/joint circulars on Official Gazette, and publishing relevant information

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a) After the legislative document has been signed by the Ministry’s leader for promulgation, the drafting authority shall send 02 copies of the signed legislative document and its electronic file to the Ministry Office, and assume responsibility for the accuracy of the sent electronic file compared to the original document;

b) The Ministry Office shall number, stamp, retain, duplicate and send the circular/joint circular to authorities, organizations and individuals listed at the "Recipients" section, and return the dossier of circular/joint circular submitted for signature to the drafting authority.

2. Posting circular/joint circular on Official Gazette, and publishing relevant information:

a) Within 03 days from the date of signature for promulgation, the Ministry Office shall send the signed circular/joint circular (both printed and electronic copies) to the Office of the Government for posting on the Official Gazette and publishing on the Government's portal, the portal of the Ministry of Industry and Trade, except legal documents containing state secrets as regulated by the Law on state secrets;

b) Within 03 days from the date of signature for promulgation, the Ministry Office shall send the signed circular/joint circular to Department of Examination of Legislative Documents (affiliated to the Ministry of Justice) and the Legal Department for examination.

3. The Legal Department shall publish the circular/joint circular in full on the national law database within 15 days from the date on which it is signed for promulgation.

Article 40. Consolidation of legislative documents

1. Amending documents must be technically consolidated with amended documents.

2. Heads of the Ministry-affiliated units shall assume responsibility for the consolidation of legislative documents of which they take charge of the drafting when they are amended. The accuracy of the consolidated document and consolidating technique must be ensured, and the consolidated document must be submitted to the Minister for signature within the time limits prescribed in Clause 3 Article 6 and Clause 5 Article 7 of the Ordinance on consolidation of legislative documents. To be specific:

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b) With regard to circulars/joint circulars, within 05 business days from the date of signature, the drafting authority shall complete the consolidation and submit the consolidated document to the Minister for signature.

3. After completing the consolidation of legislative documents, the drafting authority shall send the “.doc” file of the consolidated document to the Legal Department for updating on the national law database according to Article 36 hereof, and send the same to the Ministry Office for publishing on the Government’s portal and the electronic Official Gazette. To be specific:

a) With regard to legislative documents of the Government and the Prime Minister, the drafting authority shall send the consolidated document to the Ministry Office for transfer to the Office of the Government for publishing on the Government’s portal and sending for publishing on the electronic Official Gazette within 02 business days from the date on which it is certified by the Minister’s signature;

b) With regard to circulars/joint circulars, the drafting authority shall send the consolidated document to the Ministry Office for publishing on the portal of the Ministry of Industry and Trade and publishing on the electronic Official Gazette immediately after it is certified by the Minister’s signature.

4. Reporting: The authority in charge of consolidation of legislative documents shall send 06-month, annual or ad hoc reports on its consolidation of legislative documents to the Legal Department for consolidation and reporting to the Minister’s leader.

Article 41. Codification of legislative documents

1. The Ministry-affiliated units shall assume responsibility for codification of legal norms in legislative documents of which they take charge of drafting, and those in legislative documents governing sectors/fields under their management as assigned by the Ministry.

2. Codification must ensure accuracy and adequacy of contents sorted by titles, codification process and techniques prescribed in Articles 9 through 14 of the Ordinance on codification and the Government's Decree No. 63/2013/ND-CP dated June 27, 2013.

3. During the codification, the Ministry-affiliated units shall ensure rules, contents, forms and cooperation responsibility prescribed in the Decision No. 11116/QD-BCT dated October 15, 2015 of the Minister of Industry and Trade.

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1. The Legal Department shall take charge and cooperate with the Vietnam News Agency and relevant units in translating legislative documents prescribed in Clause 1 Article 102 of Decree No. 34/2016/ND-CP and of which the Ministry of Industry and Trade takes charge of the drafting; other legislative documents shall be also translated into English or other foreign languages if possible.

2. Qualified organizations and/or individuals may be hired to translate legislative documents.

3. The translation into English language or another foreign language of a legislative document must retain its meaning and be used for reference purpose only.

Article 43. Dissemination of legislative documents

1. The Legal Department shall take charge and cooperate with drafting authorities in planning the dissemination of new legislative documents.

2. Drafting authorities shall proactively cooperate with the Legal Department disseminating new legislative documents.

Chapter VII

IMPLEMENTATION ORGANIZATION

Article 44. Ensuring human resources and material facilities for formulation and promulgation of legislative documents

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Article 45. Funding for formulation and promulgation of legislative documents

1. The Finance and Business Innovation Department shall allocate funding derived from state budget for annual formulation and promulgation of legislative documents of the Ministry in accordance with current regulations.

2. Based on the funding derived from state budget, the Legal Department shall request the Ministry’s leader to consider and decide allocation of funding for formulation and promulgation of legislative documents to the Ministry-affiliated units using the form provided in Appendix No. 2 enclosed herewith.

3. The Science and Technology Department shall cooperate with the Finance and Business Innovation Department in allocating funding for carrying out research themes on scientific and practical grounds to serve the formulation of legislative documents with wide and complex scope and regulated entities and significant influence proposed by the drafting authority in conformity with guidelines for formulation of annual science and technology plans of the Ministry.

4. The units provided with funding for formulation of legislative documents shall use allocated funding in accordance with financial regulations, ensure adequate lawful and valid vouchers as regulated.

The Ministry Office shall provide guidelines for the Ministry-affiliated units on use and statement of funding for formulation of each legislative document.

Article 46. Evaluation of formulation and promulgation of legislative documents

The Legal Department shall evaluate and make preliminary and final reviews of formulation and promulgation of legislative documents of the Ministry and send quarterly reports thereof to the Minister.

Article 47. Commendation and reward

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2. The Legal Department shall take charge and cooperate with the Ministry Office and relevant units in requesting the Ministry’s leader to present special awards to units that have achieved excellent performance in formulating legislative documents.

Article 48. Actions against failure to fulfill responsibility

1. The authority in charge of drafting of legislative documents shall not be eligible for annual commendation and reward if more than 50% of total legislative documents in the program are drafted 03 months or more later than the schedule without giving legitimate reasons.

2. The Legal Department shall not be eligible for annual commendation and reward if it does not complete the appraisal of more than 50% of total legislative documents to be appraised by the prescribed deadlines without giving legitimate reasons.

3. The Ministry's leader who is assigned to direct the formulation of legislative documents in assigned sectors but does not meet work progress requirements shall be criticized before other Ministry’s leaders.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 49. Terms of reference

If legislative documents referred to in this Circular are superseded, supplemented or amended, the new ones shall apply.

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1. This Circular comes into force from September 03, 2018 and supersedes the Circular No. 08/2016/TT-BCT dated June 29, 2016 of the Minister of Industry and Trade on formulation, appraisal and promulgations of legislative documents of the Ministry of Industry and Trade.

2. Ministry-affiliated units and relevant organizations and individuals shall assume responsibility to implement this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade (via the Legal Department) for consideration.

 

 

MINISTER




Tran Tuan Anh

 

1.085

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