Nghị định 24/2009/ND-CP

Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents

Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents đã được thay thế bởi Decree 34/2016/ND-CP detailing providing measures implementing law on promulgation legal documents và được áp dụng kể từ ngày 01/07/2016.

Nội dung toàn văn Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 24/2009/ND-CP

Hanoi, March 5, 2009

 

DECREE

DETAILING AND PROVIDING MEASURES FOR THE IMPLEMENTATION OF THE LAW ON PROMULGATION OF LEGAL DOCUMENTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

FORMULATION OF LAW- AND ORDINANCE-MAKING PROGRAMS AND DECREE-MAKING PROGRAMS

Section 1. MAKING OF GOVERNMENT PROPOSALS ON LAW- AND ORDINANCE-MAKING PROGRAMS

Article 1. Collection of recommendations of agencies, organizations and individuals on elaboration of laws and ordinances

1. Agencies, organizations and individuals may send recommendations on elaboration of laws and resolutions of the National Assembly or ordinances and resolutions of the Standing Committee of the National Assembly (below collectively referred to as laws and ordinances) to ministries or ministerial-level agencies managing branches or domains either in writing or via the websites of these agencies. When unable to identify specific addresses, they may send their recommendations to the Ministry of Justice, which shall forward these recommendations to concerned ministries or ministerial-level agencies.

2. Recommendations of agencies, organizations and individuals on elaboration of laws and ordinances must clearly state the necessity to promulgate documents and propose their principal contents.

3. Agencies receiving recommendations on elaboration of laws or ordinances shall collect, analyze and process these recommendations for preparing their proposals for laws and ordinances.

Article 2. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for proposing laws and ordinances

1. Ministries, ministerial-level agencies and government-attached agencies shall make proposals for laws and ordinances in the branches or domains under their management and send them to the Ministry of Justice for sum-up and submission to the Government.

In cases specified in Article 53 of this Decree, ministries, ministerial-level agencies and government-attached agencies may request amendment, supplementation, replacement, abolishment or annulment of contents of many laws and ordinances.

2. A document proposed to be promulgated must be based on the following grounds:

a/ Theoretical and practical research and review results;

b/ Satisfaction of state management requirements, settlement of social issues which need to be regulated by legal documents;

c/ Assurance of fundamental rights and obligations of citizens;

d/ Preliminary assessment of impacts of its basic policies and principal contents;

e/ Compliance with the line and policies of the Party and State;

f/ Compliance with the commitments in treaties to which Vietnam is or plans to become a contracting party;

g/ Clearly identified conditions to assure its enforcement;

h/ Assured enforceability.

Article 3. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for preparing proposals for laws and ordinances

1. Ministers or heads of ministerial-level agencies or government-attached agencies shall assign their units to prepare proposals for laws and ordinances for each year or the whole term of the National Assembly in the domains under their assigned management.

A unit assigned to prepare a proposal for a law or an ordinance has the following tasks:

a/ Collecting opinions of concerned units on the proposal; posting an explanation document on the proposal and a report on preliminarily assessed impacts of the law or ordinance on the website of its agency for at least 20 (twenty) days for agencies, organizations and individuals to give opinions;

b/ Assuming the prime responsibility for. and coordinating with concerned units in, studying and completing the dossier of proposal for a law or an ordinance on the basis of contributed opinions; and sending the dossier to the legal organization for sum-up.

2. The legal organization shall assist the minister or the head of the ministerial-level agency or government-attached agency in performing the following tasks:

a/ Drafting a proposal for laws and ordinances for each year and the whole term of the National Assembly concerning the branch or domain under the agency’s management on the basis of proposals of the agency’s attached units and recommendations of agencies, organizations and individuals as well as the grounds for proposals for laws and ordinances defined in Clause 2, Article 2 of this Decree;

b/ When necessary, proposing the minister or the head of the ministerial-level agency or government-attached agency to hold a meeting with units within its ministry or agency and representatives of the Ministry of Justice, the Government Office, the Ministry of Finance and the Ministry of Home Affairs to collect their opinions on the draft proposal;

c/ Assuming the prime responsibility for, and coordinating with concerned agencies and units in. revising and completing the dossier of proposal for laws and ordinances, and submitting it to the minister or the head of its agency for consideration and decision.

3. Ministries, ministerial-level agencies and government-attached agencies shall send annual dossiers of proposal for laws and ordinances to the Ministry of Finance and the Ministry of Home Affairs for opinions on the reasonableness of the projected financial sources and human resources respectively.

Article 4. Dossiers of proposal for laws and ordinances sent by ministries, ministerial-level agencies and government-attached agencies to the Ministry of Justice

1. Ministries, ministerial-level agencies and government-attached agencies shall send the Ministry of Justice dossiers of proposal for laws and ordinances for a term of the National Assembly no later than March 1 of the first year of the term.

A dossier comprises:

a/ Explanation document on the proposal.

An explanation document on the proposal for laws and ordinances must clearly state the titles of documents and the necessity to promulgate them; subjects and scope of regulation of documents; principal contents of documents; basic policies of documents and their objectives;  policy implementation measures; positive and negative impacts of policies; projected resources and conditions to assure the drafting of documents; proposed drafting agencies and time of submission to the National Assembly and its Standing Committee;

b/ Report on preliminarily assessed impacts of documents.

2. Ministries, ministerial-level agencies and government-attached agencies shall send the Ministry of Justice dossiers of proposal for laws and ordinances for each year on the basis of the program of the whole term of the National Assembly at least 105 (one hundred and five) days before March 1 of the year proceeding the year of projected submission to the National Assembly and its Standing Committee.

A dossier comprises:

a/ Explanation document on the proposal.

An explanation document on the proposal for laws and ordinances must clearly state the necessity to promulgate laws and ordinances; guiding viewpoints on the drafting and the process of preparation for the drafting; basic policies of documents and their objectives; positive and negative impacts of policies and policy implementation measures;

b/ A sum-up report on opinions of agencies, organizations and individuals;

c/ Opinions of the Ministry of Finance and the Ministry of Home Affairs on the reasonableness of projected financial sources and human resources, respectively;

d/ Detailed outlines of draft documents.

3. Ministries, ministerial-level agencies and government-attached agencies shall send to the Ministry of Justice dossiers of proposal for laws and ordinances for each year which have not yet been included in the law- and ordinance-making program of the whole term of the National Assembly at least 105 (one hundred and five) days before March 1 of the year proceeding the year of projected submission to the National Assembly and its Standing Committee.

A dossier comprises:

a/ Explanation document on the proposal.

An explanation document on the proposal for laws and ordinances must clearly state the titles of laws and ordinances and the necessity to promulgate them; guiding viewpoints on the drafting; basic policies of documents and their objectives; subjects and scope of regulation of documents; principal contents of documents; policy implementation measures; positive and negative impacts of policies; projected resources, conditions to assure the drafting; projected drafting agencies and time of submission to the National Assembly or its Standing Committee; and the drafting time tables;

b/ Report on preliminarily assessed impacts of documents;

c/ Opinions of the Ministry of Finance and the Ministry of Home Affairs on the reasonableness of projected financial sources and human resources, respectively;

d/ Detailed outlines of draft documents.

Article 5. Contents of explanation on the necessity to elaborate laws and ordinances

1. For a proposal for laws and ordinances for the whole term, the explanation document on the necessity to elaborate laws and ordinances must clearly state:

a/ The background and actual state of social relations to be regulated by law; objectives and issues to be addressed;

b/ Review and assessment of existing legal provisions related to social relations to be regulated;

c/ Objectives of guaranteeing fundamental rights and obligations of citizens (if any);

d/ The line and policies of the Party and State on the management of the branch or domain with social relations to be regulated (if any);

e/ Contents of commitments in treaties to which Vietnam is or plans to become a contracting party which are related to the branch or domain with social relations to be regulated (if any).

2. For proposals for laws and ordinances for each year, an explanation document on the necessity to elaborate a document must be based on the law-and ordinance-making program of the whole term of the National Assembly, and clearly state the practical requirement for the promulgation of the document, and the progress and result of the preparation for the drafting of the document, serving as a basis for the inclusion of laws and ordinances into the annual program.

3. For proposals on inclusion of laws and ordinances into an annual program which have not yet included in the program for the whole term of the National Assembly, the explanation document on the necessity to elaborate laws and ordinances must also have the contents specified in Clauses 1 and 2 of this Article.

Article 6. Receipt and collection of opinions on proposals for laws and ordinances

1. The Ministry of Justice shall receive and examine dossiers of proposals for laws and ordinances from ministries, ministerial-level agencies and government-attached agencies.

For a dossier which fails to satisfy the requirements specified in Article 4 of this Decree, within 5 (five) working days after receiving the dossier, the Ministry of Justice shall send a written request to the dossier-submitting agency for completion of the dossier.

The requested agency shall complete the dossier within 10 (ten) working days from the date of receiving the request of the Ministry of Justice.

2. Within 3 (three) working days after receiving the complete dossier of proposal for laws and ordinances, the Ministry of Justice shall post it for at least 20 (twenty) days on the websites of the Ministry and the Government Office for agencies, organizations and individuals to give opinions.

Article 7. Establishment of advisory councils on proposals for laws and ordinances

The Minister of Justice may set up advisory councils to assist him/her in considering proposals for laws and ordinances (below referred to as advisory councils).

An advisory council consists of the chairman who is a representative of the leadership of the Ministry of Justice and members who are specialists and scientists knowledgeable about areas related to the document proposed to be promulgated.

Article 8. Making of government proposals on law- and ordinance-making programs

1. On the basis of the proposals for laws and ordinances of ministries, ministerial-level agencies and government-attached agencies: assessment results of the advisory council and opinions of agencies, organizations and individuals, the Minister of Justice shall decide to include these proposals into the draft government proposal on the law- and ordinance-making program.

2. The government proposal on a law- and ordinance-making program must meet the following requirements:

a/ Meeting state management requirements and addressing social issues which must be regulated by legal documents;

b/ The impacts of the documents’ objectives, basic policies and principal contents have been preliminarily assessed:

c/ Conforming with the guideline, lino and policy of the Party and State;

d/ Ensuring conditions for the drafting and enforcement of the documents;

e/ Ensuring the feasibility of the law- and ordinance-making programs for each year and the whole term of the National Assembly;

f/ Ensuring the consistency and uniformity of the legal system;

g/ Ensuring priority in the promulgation of documents under Clause 3 of this Article.

3. Priority in the government proposal on a law-and ordinance-making program must be based on the following grounds:

a/ Meeting state management requirements and addressing social issues which must be regulated by legal documents;

b/ Ensuring fundamental rights and obligations of citizens;

c/ Ensuring the realization of commitments in treaties to which Vietnam is a contracting party;

d/ Ensuring the materialization of the guidelines, line and policies of the Party and State;

e/ Priorities set by the Government and the Prime Minister and objectives of the Government’s action programs.

4. Draft government proposals on law- and ordinance-making programs shall be posted on the websites of the Ministry of Justice and the Government for at least 20 (twenty) days for agencies, organizations and individuals to give opinions.

5. On the basis of contributed opinions, the Ministry of Justice shall revise and finalize the draft government proposals on law- and ordinance-making programs and submit them to the Government.

Article 9. Submission of draft government proposals on law- and ordinance-making programs to the Government

1. A dossier of the draft proposal on a law- and ordinance-making program comprises:

a/ The report to the Government, which clearly states priority criteria for the government proposal on the law- and ordinance-making program; issues on which opinions remain divergent and the opinion of the Ministry of Justice;

b/ The draft government proposal on the law-and ordinance-making program, which clearly states the proposing agencies; titles of documents; necessity to promulgate documents; viewpoints and basic policies, principal contents of documents; subjects and scope of regulation of documents; projected resources and conditions to assure the drafting of documents; reports on preliminary assessment of impacts of documents; projected time of submission to the National Assembly or its Standing Committee for opinion and for consideration and passage.

2. The draft government proposal on a law- and ordinance-making program for each year shall be discussed and adopted at the Government meeting of January of the year preceding the year of planned submission to the National Assembly or its Standing Committee.

The draft Government proposal on a law- and ordinance-making program for the whole term of the National Assembly shall be discussed and adopted at the Government meeting of June of the year preceding the new term of the National Assembly.

Article 10. Finalization of government proposals on law- and ordinance-making programs after they are adopted by the Government

On the basis of results of Government meetings, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, finalizing the government proposal on the law- and ordinance-making program, while ministries, ministerial-level agencies and government-attached agencies shall finalize their dossiers of proposal for laws and ordinances.

The Minister of Justice shall, by authorization of the Prime Minister, report on behalf of the Government to the National Assembly Standing Committee on the government proposal on the law-and ordinance-making program.

Article 11. Responsibilities for implementing law- and ordinance-making programs

1. On the basis of the law- and ordinance-making programs for the whole term and each year of the National Assembly, the Ministry of Justice shall:

a/ Assume the prime responsibility for, and coordinate with the Government Office in, working out and submitting to the Government plans to implement law- and ordinance-making programs; and identifying drafting agencies and agencies to participate in the drafting and the expected time of submission of draft laws and ordinances;

b/ Monitor, urge and examine the drafting in order to ensure the drafting progress and quality of draft laws and ordinances;

c/ Quarterly report to the Prime Minister on the situation, progress and problems arising in the process of implementation of annual law- and ordinance-making programs.

2. Drafting agencies shall report on the drafting progress and quality of draft laws and ordinances; send quarterly reports to the Ministry of Justice on the implementation of the annual law- and ordinance-making program and the drafting progress.

Article 12. Proposal for adjustment of law- and ordinance-making programs

1. Drafting agencies may propose to adjust a law- and ordinance-making program as follows:

a/ Removal from the program of laws and ordinances which are not necessarily promulgated or are no longer needed due to socio-economic changes;

b/ Addition to the program laws and ordinances to meet urgent requirements of the management of various areas of social life or modification of the program to comply with newly promulgated documents in order to ensure the consistency of the legal system or realize international commitments:

c/ Adjustment of the time of submission due to drafting delay;

d/ Adjustment of the time of submission due to unsatisfactory quality of draft laws or ordinances.

2. Proposals on addition of law- and ordinance-making programs shall be made according to the process of proposal for laws and ordinances under this Decree.

In case of removal from the program or adjustment of the time of submission of a draft law or ordinance, the proposing agency shall make a report clearly stating the reason, direction, solutions and time of implementation.

3. The Prime Minister shall decide on adjustment of law- and ordinance-making programs and submission thereof to the National Assembly and its standing Committee.

Section 2. FORMULATION OF ANNUAL DECREE-MAKING PROGRAMS OF THE GOVERNMENT

Article 13. Collection of recommendations on making of government decrees

1. Agencies, organizations and individuals may send recommendations on elaboration of decrees to ministries or ministerial-level agencies in charge of branches or domains either in writing or via the websites of these agencies. When unable to identify specific addresses, they may send their recommendations to the Government Office, which shall forward them to concerned ministries or ministerial-level agencies.

2. Recommendations of agencies, organizations and individuals must clearly state the necessity to promulgate documents and propose their principal contents.

3. Receiving agencies shall collect, analyze and process these recommendations for preparing their decree-making proposals.

Article 14. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for proposing decrees

1. Ministries, ministerial-level agencies and government-attached agencies shall make proposals for decrees in the branches or domains under their management and send them to the Government Office for sum-up and submission to the Government.

2. A proposal for government decrees shall be prepared on the following grounds:

a/ Detailing the implementation of laws and ordinances of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; orders and decisions of the President;

b/ Stipulating measures to implement policies and other issues under the Government’s deciding, managing and administering competence;

c/ Defining the tasks, powers and organizational apparatuses of ministries, ministerial-level agencies, government-attached agencies and other agencies under the Government’s competence;

d/ Stipulating necessary issues to meet state, economic and social management requirements when there are insufficient conditions for elaborating laws or ordinances.

3. For proposals for decrees stated at Points b, c and d, Clause 2 of this Article, the following requirements must be met:

a/ They are based on research and theoretical and practical review results;

b/ They meet the Government’s administering requirements and address social issues which should be regulated by legal documents;

c/ They ensure fundamental rights and obligations of citizens:

d/ Impacts of basic policies and principal contents of documents have been preliminarily assessed;

e/ They comply with the line, guidelines and policies of the Party and State;

f/ They conform to the commitments in treaties to which Vietnam is or plans to become a contracting party;

g/ Conditions to assure enforcement of documents are clearly identified;

h/ The promulgated documents are enforceable.

4. Ministers or heads of ministerial-level or government-attached agencies shall assign their attached units to prepare proposals for decrees in their assigned management domains.

A unit assigned to prepare a proposal for a decree has the following tasks:

a/ Collecting opinions of concerned units on the proposal; posting the explanation document on the proposal and the report on the preliminary assessment of impacts of the documents on the website of its agency for at least 20 (twenty) days for agencies, organizations and individuals to give opinions;

b/ Assuming the prime responsibility for, and coordinating with concerned units in, studying and completing the dossier of proposal for a decree on the basis of contributed opinions; and sending the dossier to the legal organization for sum-up.

5. The legal organization shall assist the minister or head of the ministerial-level or government-attached agency in performing the following tasks:

a/ Elaborating a draft proposal for decrees concerning the branch or domain under the agency’s management on the basis of proposals of the agency’s attached units and recommendations of agencies, organizations and individuals as well as the requirements on proposals for decrees stipulated in this Article;

b/ When necessary, proposing the minister or the head of the ministerial-level or government-attached agency to hold a meeting with units within its ministry or agency and representatives of the Ministry of Justice, the Government Office, the Ministry of Finance and the Ministry of Home Affairs to collect opinions on the draft proposal;

c/ Assuming the prime responsibility for, and coordinating with concerned agencies and units in, revising and completing the dossier of proposal for decrees, and submitting it to the minister or the head of its agency for consideration and decision.

6. Ministries, ministerial-level agencies and government-attached agencies shall send annual dossiers of proposal for decrees stated at Points b, c and d, Clause 2 of this Article to the Ministry of Finance and the Ministry of Home Affairs for opinions on the reasonableness of the projected financial sources and human resources, respectively.

7. Dossiers of proposal for decrees of ministries, ministerial-level agencies and government-attached agencies shall be sent to the Government Office and the Ministry of Justice no later than August 1 of the preceding year.

Article 15. Dossiers of proposal for decrees sent by ministries, ministerial-level agencies and government-attached agencies to the Government Office and the Ministry of Justice

1. A dossier comprises:

a/ Explanation document on the proposal.

An explanation document on the proposal for a decree detailing the implementation of a law or an ordinance must clearly state the grounds for and objectives of promulgation of the document and its basic policy and principal contents.

An explanation document on the proposal for a decree stated in Clause 2, 3 or 4, Article 14 of the Law on Promulgation of Legal Documents must also state the necessity to promulgate it; issues to be addressed and grounds for prioritizing the promulgation of the document;

b/ A list of decrees proposed to be included in the program, indicating the titles of documents, drafting agencies and projected time of submission to the Government;

c/ Report on preliminarily assessed impacts of documents.

2. Receipt of proposals

The Government Office shall receive and examine dossiers of proposal for decrees of ministries, ministerial-level agencies and government-attached agencies.

For an unsatisfactory dossier, within 2 (two) working days after receiving it, the Government Office shall send an official letter requesting the submitting agency to complete the dossier.

The requested agency shall supplement the dossier within 10 (ten) working days after receiving the request of the Government Office.

Article 16. Formulation of tentative decree-making programs

1. On the basis of proposals for decrees of ministries, ministerial-level agencies and government-attached agencies and contributed opinions of agencies, organizations and individuals, the Government Office shall assume the prime responsibility for. and coordinate with the Ministry of Justice in, formulating tentative decree-making programs.

When necessary, the Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, holding a meeting with representatives of ministries, ministerial-level agencies and government-attached agencies; representatives of concerned agencies and organizations; and specialists and scientists to give opinions on the tentative decree-making program.

2. A tentative decree-making program must be based on the following grounds:

a/ Aiming to enforce laws and ordinances and discharge the Government’s competence;

b/ Aiming to address social issues and meet state management requirements, and ensure fundamental rights and obligations of citizens;

c/ Ensuring the consistency and uniformity of the legal system;

d/ Ensuring the feasibility of the program;

e/ Ensuring conditions for the drafting and enforcement of the documents;

f/ Ensuring priority in the promulgation of documents under Clause 3, Article 8 of this Decree.

3. The Government Office shall post the tentative decree-making program on the website of the Government for at least 20 (twenty) days for agencies, organizations and individuals to give opinions;

4. On the basis of contributed opinions, the Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, revising and finalizing the tentative decree-making program for submission to the Government.

Article 17. Submission of tentative decree-making programs to the Government

1. A dossier of the tentative decree-making program submitted to the Government comprises:

a/ The report to the Government on the tentative decree-making program, which clearly states priority criteria for the program; issues on which opinions remain divergent and the opinions of the Ministry of Justice and the Government Office;

b/ The tentative decree-making program, which clearly states the proposing agencies; titles of documents; necessity to promulgate documents; basic policies and principal contents of documents; subjects and scope of regulation of documents; projected resources and conditions to assure the drafting; assessment of impacts of documents; and projected time of submission to the Government for consideration and passage.

2. The tentative decree-making program shall be discussed and adopted at the Government meeting of October of the previous year.

3. On the basis of results of the Government meeting, the Government Office shall assume the prime responsibility for. and coordinate with the Ministry of Justice in, finalizing a government resolution on the decree-making program, and submit it to the Prime Minister for signing for promulgation.

Article 18. Responsibilities for implementing decree-making programs

1. The Government Office shall:

a/ Post on the Government’s website government resolutions on decree-making programs;

b/ Assume the prime responsibility for, and coordinate with the Ministry of Justice in, making plans to implement decree-making programs;

c/ Monitor, urge and examine the drafting in order to ensure its progress and quality of draft decrees;

d/ Quarterly report to the Prime Minister on the situation and progress of drafting and problems arising in the implementation of decree-making programs:

e/ When necessary, report to the Government for consideration adjustments to decree-making programs.

2. Drafting ministries, ministerial-level agencies and government-attached agencies shall ensure the drafting progress and quality of draft decrees; and send quarterly reports to the Government Office on the situation and progress of drafting and arising problems.

Article 19. Proposals on adjustment of decree-making programs

1. Decree-making programs may be adjusted in cases specified in Clause 1, Article 12 of this Decree.

2. Ministries, ministerial-level agencies and government-attached agencies shall send written proposals on adjustment of a decree-making program to the Government Office and the Ministry of Justice.

In case of proposing removal of a decree from the program or adjustment of the time of submission, the proposing agency shall make a report clearly stating the reason, direction, solutions and time of implementation.

In case of proposing supplementation to the program, the proposing agency shall present explanations about the necessity to promulgate documents and preliminary impact assessments of documents under the provisions of this Decree.

3. The Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, studying and summing up proposals on adjustment of decree-making programs, and submit them to the Prime Minister for decision.

Chapter II

DRAFTING OF LEGAL DOCUMENTS

Section 1. DRAFTING OF LAWS, ORDINANCES AND RESOLUTIONS OF THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY AND DECREES OF THE GOVERNMENT

Article 20. Setting up of drafting committees

1. Ministers or heads of ministerial-level or government-attached agencies assigned to draft documents shall set up drafting committees in the following cases:

a/ Drafting laws, ordinances or resolutions of the National Assembly or the Standing Committee of the National Assembly to be submitted by the Government, except the case stated in Clause 1, Article 30 of the Law on Promulgation of Legal Documents,

b/ Drafting government decrees.

2. The composition of a drafting committee is prescribed in Article 31 and Clause 1, Article 60 of the Law on Promulgation of Legal Documents.

3. A drafting committee shall terminate operation and dissolve after the document is promulgated.

Article 21. Operation principles of drafting committees

A drafting committee shall operate on the following principles:

1. Collective discussion;

2. Assurance of transparency, objectivity and scientism;

3. Enhancement of responsibilities of the head and members of the drafting committee and their managing agencies and organizations;

4. Assurance of coordination among ministries, ministerial-level agencies and government-attached agencies and concerned agencies and organizations;

5. Assurance of participation of specialists and scientists.

Article 22. Tasks of heads of drafting committees

The head of a drafting committee has the following tasks:

1. Deciding on the working plan of the drafting committee;

2. Convening and chairing meetings of the drafting committee; when absent, assigning a deputy head to chair meetings;

3. Setting up and directing the operation of the editing group;

4. Holding meetings and discussions with specialists and scientists on major and controversial issues in the draft document;

5. Proposing the drafting agency to report to and seek opinions of the Prime Minister on the guiding viewpoint and idea of the draft document; major issues arising in the drafting process; and divergent opinions of drafting committee members on the draft document;

6. Contacting on behalf of the drafting committee agencies and organizations to deal with matters related to the tasks of the drafting committee.

Article 23. Responsibilities of members of drafting committees

Members of a drafting committee have the following responsibilities:

1. Participating in all meetings of the drafting committee. In case of absence, reporting on the absence and sending opinions to the head of the drafting committee; and at the same time, to send a person with relevant expertise to the meeting;

2. Performing tasks assigned by the head of the drafting committee;

3. Regularly reporting to and seeking opinions of their agencies’ leaders on the contents of the draft document.

Article 24. Meetings of drafting committees

1. The head of a drafting committee may convene a meeting of the drafting committee depending on the nature and contents of the draft document and the required drafting progress.

2. Meetings of a drafting committee for a draft law or ordinance shall be attended by representatives of the verification agency and the Law Committee of the National Assembly and concerned agencies and organizations; specialists, scientists and members of the editing group.

3. At a meeting, the members of a drafting committee shall discuss issues prescribed in Clause 2, Article 32 and Clause 2, Article 60 of the Law on Promulgation of Legal Documents.

All proceedings of meetings of a drafting committee shall be recorded in minutes and filed in the dossier of the draft document.

4. Documents used for meetings of a drafting committee must be prepared and sent by the drafting agency to members of the drafting committee at least 5 (five) working days before a meeting.

Article 25. Setting up of editing groups

1. The head of a drafting committee shall set up an editing group to assist the drafting committee.

2. Not more than half of members of an editing group are specialists from the drafting agency while the other members are specialists of agencies and organizations with officials serving on the drafting committee, and specialists and scientists who are knowledgeable about issues in the draft document.

An editing group has at least 9 (nine) members.

3. The head of an editing group is a member of the drafting committee, who shall be appointed by the head of the drafting committee and report to the latter on his/her assigned jobs.

4. Members of an editing group shall participate in all activities of their group and perform jobs assigned by the head of the group.

Article 26. Preparation of dossiers for seeking opinions of the Standing Committee of the National Assembly on the promulgation of decrees defined in Clause 4, Article 14 of the Law on Promulgation of Legal Documents

1. The drafting agency shall assume the prime responsibility for, and coordinate with the Government Office and the Ministry of Justice in, preparing a dossier to seek opinions of the Standing Committee of the National Assembly on the promulgation of a decree prescribed in Clause 4, Article 14 of the Law on Promulgation of Legal Documents, before submitting the decree to the Government.

2. A dossier comprises:

a/ The draft decree:

b/ The Governments report to the Standing

Committee of the National Assembly, which is signed under the authorization by the Prime Minister on behalf of the Government by the minister or the head of the ministerial-level agency in charge of drafting.

The report must clearly stale the necessity of promulgation; basic policies and principal contents of the draft decree; the scope and subjects of regulation of the document; issues on which opinions are sought and opinions remain divergent;

c/ A detailed explanation document on the draft and the report on impact assessment of the draft;

d/ A review report on the enforcement of laws and actual status of social relations related to the principal contents of the draft;

e/ Other related documents (if any).

3. The drafting agency shall assume the prime responsibility for, and coordinate with the Government Office, the Ministry of Justice and concerned agencies, in assimilating opinions of the Standing Committee of the National Assembly and revising the draft before submitting it to the Government.

Article 27. Collection of opinions in the drafting process

In the drafting process, the drafting agency shall collect opinions of the subjects to be directly impacted by the document and of agencies, organizations and individuals by the methods prescribed in Clause 2, Article 35 of the Law on Promulgation of Legal Documents.

The drafting agency shall clearly state issues on which opinions are sought and which are relevant to each category of subjects whose opinions are sought and the address for receiving opinions.

The drafting agency shall, when posting the draft on the websites of the Government and its own for opinion, also post the report on impact assessment of the document and indicate the address and time for receiving opinions; and sum up, assimilate and explain matters on which contributed opinions are and are not assimilated.

A document on assimilation of or explanation on opinions and the draft document already revised based on assimilated opinions must be posted on the websites of the Government and the drafting agency.

4. The drafting agency shall send the draft document to ministries, ministerial-level agencies and government-attached agencies for opinion.

Ministers, heads of ministerial-level agencies and government-attached agencies shall assign their units in charge of domains related to the draft document to assume the prime responsibility for, and coordinate with the legal organization and other units in, preparing their opinions.

Contributed opinions shall be sent to the drafting agency within 20 (twenty) working days after receiving the draft document.

For a draft legal document concerning the rights and obligations of enterprises, the minister of the drafting ministry or the head of the drafting ministerial-level or government-attached agency shall send it to the Vietnam Chamber of Commerce and Industry for collecting opinions of enterprises.

Within 20 (twenty) working days after receiving the draft legal document, the Vietnam Chamber of Commerce and Industry shall collect opinions of enterprises; sum up and send these opinions to the Ministry of Justice, the Government Office and the drafting ministry or agency.

5. Opinions must be summed up according to the following categories of contributors:

a/ State management agencies;

b/ Specialists and scientists;

c/ Business societies and associations;

d/ Subjects to be directly impacted by the document;

e/ Other subjects (if any).

Article 28. Participation of organizations and individuals in the drafting process

In the drafting process, the drafting agency may mobilize research institutes, universities, societies, associations and other related organizations or capable specialists and scientists to participate in the following activities:

1. Reviewing and evaluating the situation of law enforcement; reviewing and evaluating existing legal documents;

2. Conducting sociological surveys and investigations; evaluating the actual status of social relations addressed by the draft document;

3. Collecting, studying and comparing documents and treaties related to the draft document to serve the drafting;

4. Assessing impacts of the document.

Article 29. Processing of dossiers of draft documents at the Government Office

1. The Government Office shall examine dossiers of draft documents. For an improper dossier, within 2 (two) working days after receiving the dossier, the Government Office shall request in writing the drafting agency to supplement and complete the dossier.

The requested agency shall supplement and complete the dossier and return it to the Government Office within 10 (ten) working days after receiving the request.

2. Within 7 (seven) working days after receiving the complete dossier of the draft document, the Government Office shall completely fill in a sheet of submission of affairs for settlement, clearly stating its verification opinion.

In the case prescribed in Article 38 of the Law on Promulgation of Legal Documents, within 7 (seven) working days after the Government Office receives the complete dossier, the minister-chairman of the Government Office shall hold a meeting with concerned agencies. Within 7 (seven) working days after such a meeting is held, the drafting agency shall coordinate with concerned agencies in further revising and finalizing the draft document for submission to the Government.

Article 30. Revision of draft documents after the Government gives opinions on draft documents

If the Government discusses and adopts the draft document, the drafting agency shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Government Office and concerned agencies in, finalizing the draft document, submit it to the Prime Minister and. under the authorization of the Prime Minister and on behalf of the Government, sign the draft law or ordinance for submission to the National Assembly or the Standing Committee of the National Assembly, or submission to the Prime Minister for signing and promulgation after the draft decree is discussed and adopted by the Government.

Section 2. DRAFTING OF PRIME MINISTER DECISIONS

Article 31. Drafting of Prime Minister decisions

1. Ministries, ministerial-level agencies and government-attached agencies shall assume the prime responsibility for drafting Prime Minister decisions according to the Prime Minister’s assignment.

2. Drafting agencies shall review the situation of law enforcement; survey and evaluate the actual status of social relations; study information and documents related to the draft documents’ contents; and prepare outlines, write and adjust the draft documents; collect opinions; and prepare reports and documents on the draft documents.

3. In the drafting process, drafting agencies may mobilize research institutes, universities, societies, associations and other related organizations or capable specialists and scientists to participate in reviewing and evaluating the situation of law enforcement; reviewing and evaluating existing legal documents; conducting sociological surveys and investigations; evaluating the actual status of social relations addressed by the draft documents; and collecting, studying and comparing documents and treaties related to the draft documents.

4. Drafting agencies shall draft decisions with the participation of representatives of the Ministry of Justice, the Government Office and concerned agencies and organizations.

5. Drafting agencies shall collect opinions of subjects to be directly impacted by the documents and of agencies, organizations and individuals by the methods prescribed in Clause 2, Article 35 of the Law on Promulgation of Legal Documents.

They shall clearly state issues on which opinions are sought and which are relevant to each category of opinion contributors and addresses for receiving opinions; sum up, assimilate and explain matters on which opinions are contributed; and post on their websites documents on assimilation of or explanation on opinions and the revised draft documents-Drafting agencies shall send the draft documents to ministries, ministerial-level agencies and government-attached agencies for opinion.

Article 32. Dossiers of draft decisions to be submitted to the Prime Minister

A dossier of a draft decision to be submitted to the Prime Minister comprises:

1. A report to the Prime Minister on the draft decision already revised based on evaluation opinions.

Such a report must clearly state the necessity to promulgate the document; subjects and scope of regulation of the document; the process of drafting and collection of opinions of agencies, organizations and individuals; issues on which opinions remain divergent; explanation on basic contents of the document, objectives and policy issues to be addressed, options for addressing these issues, positive and negative impacts of these options on the basis of qualitative or quantitative cost-benefit analysis, and proposing the optimal option;

2. The draft decision already revised on die basis of evaluation opinions;

3. The evaluation report;

4. The explanation report on the assimilation of evaluation opinions;

5. A sum-up report on opinions of agencies, organizations and individuals on the draft document; copies of written opinions of ministries, ministerial-level agencies and government-attached agencies; and an explanation report on the assimilation of contributed opinions;

6. Other documents (if any).

Article 33. Examination and processing of dossiers and revision of draft Prime Minister decisions

1. The Government Office shall examine dossiers of draft decisions and the observance of the drafting process.

2. Within 7 (seven) working days after receiving a complete dossier of a draft decision, the Government Office shall fill in a sheet of submission of affairs for settlement, clearly stating its verification opinion.

3. After the Prime Minister gives opinions on the draft decision, the drafting agency shall assume the prime responsibility for. and coordinate with the Ministry of Justice and the Government Office in, revising and finalizing the draft document, and submit it to the Prime Minister for signing for promulgation.

Section 3. DRAFTING OF CIRCUIARSAND JOINT CIRCUIARS OF MINISTERS AND HEADS OF MINISTERIAL-LEVEL AGENCIES

Article 34. Drafting of circulars of ministers and heads of ministerial-level agencies

1. Ministers or heads of ministerial-level agencies shall assign one of their units to draft circulars and make reports thereon.

Such a report must clearly state the necessity to promulgate the document; subjects and scope of regulation of the document: the process of drafting and collection of opinions of agencies, organizations and individuals; issues on which opinions remain divergent; explanation on basic contents of the document, objectives and policy issues to be addressed, options for addressing these issues, positive and negative impacts of these options on the basis of qualitative or quantitative cost- benefit analysis, and proposing the optimal option.

2. Drafting units shall coordinate with legal organizations and concerned units in reviewing the situation of law enforcement; surveying and evaluating the actual status of social relations in the domains related to the draft documents; studying related information and documents; preparing outlines, writing and adjusting the draft documents; collecting opinions; and preparing reports and documents on the draft documents.

3. In the drafting process, drafting units may mobilize research institutes, universities, societies, associations and other related organizations or capable specialists and scientists to participate in reviewing and evaluating the situation of law enforcement; reviewing and evaluating existing legal documents; conducting sociological surveys and investigations; evaluating the actual status of social relations related to the draft document; collecting, studying and comparing documents and treaties related to the draft documents.

4. The collection of opinions in drafting a circular complies with Clause 5, Article 31 of this Decree.

5. Legal organizations shall evaluate circulars drafted by other units of ministries or ministerial-level agencies. Drafting units shall study and assimilate evaluation opinions to finalize the draft documents and their dossiers before submitting them to their ministers or agencies for signing and promulgation.

Article 35. Drafting of circulars of ministers and heads of ministerial-level agencies on branches or domains under the management of government-attached agencies

1. On the basis of state management requirements of branches or domains or the assignment of the Prime Minister, heads of government-attached agencies shall organize the drafting of circulars for submission to ministers or heads of ministerial-level agencies assigned to manage relevant branches or domains for signing and promulgation.

2. Drafting units as assigned by heads of government-attached agencies shall coordinate with concerned units in reviewing the situation of law enforcement; surveying and evaluating the actual status of social relations in the domains related to the draft documents; studying related information and documents; preparing outlines, writing and adjusting the draft documents; collecting opinions; and preparing reports and documents on the draft documents.

3. In the drafting process, drafting units may mobilize research institutes, universities, societies, associations and other related organizations or capable specialists and scientists to participate in reviewing and evaluating the situation of law enforcement; reviewing and evaluating existing legal documents; conducting sociological surveys and investigations; evaluating the actual status of social relations related to the draft document; collecting, studying and comparing documents and treaties related to the draft documents.

4. Heads of government-attached agencies shall organize the drafting of circulars with the participation of representatives of legal organizations and concerned units of ministries and ministerial-level agencies assigned to manage relevant branches or domains.

5. Legal organizations of ministries or ministerial-level agencies shall evaluate documents drafted by government-attached agencies.

Drafting units of government-attached agencies shall study and assimilate evaluation opinions for finalizing the draft documents and their dossiers before submitting them to the ministers or heads of ministerial-level agencies for signing and promulgation.

Article 36. Drafting and promulgation of joint circulars of ministers and heads of ministerial-level agencies

1. Ministries and ministerial-level agencies shall collaborate with one another in promulgating joint circulars and reach agreement on designating one of them to draft joint circulars, in case the drafting agency has not yet been identified.

2. Drafting agencies shall review and evaluate the situation of law enforcement; survey and evaluate the actual status of social relations; study information and documents related to the contents of draft documents; prepare outlines, write and adjust the draft documents; collect opinions; and prepare reports and documents related to the draft documents.

3. In the drafting process, drafting units may mobilize research institutes, universities, societies, associations and other related organizations or capable specialists and scientists to participate in reviewing and evaluating the situation of law enforcement; reviewing and evaluating existing legal documents; conducting sociological surveys and investigations; evaluating the actual status of social relations related to the draft document; and collecting, studying and comparing documents and treaties related to the draft documents.

4. Ministers or heads of ministerial-level agencies in charge of drafting joint circulars shall organize the drafting with the participation of representatives of their specialized units and legal organizations and representatives of agencies to jointly issue the documents, and concerned agencies and organizations

5. The collection of opinions in the process of drafting a joint circular complies with Clause 5, Article 31 of this Decree.

6.Legal organizations of drafting agencies shall assume the prime responsibility for, and coordinate with those of agencies that jointly issue the documents in, evaluating draft joint circulars.

Drafting agencies shall study and assimilate evaluation opinions for finalizing the draft documents and their dossiers before submitting them to their ministers or the heads of their agencies for signing and promulgation.

Chapter III

IMPACT ASSESSMENT OF DOCUMENTS

Article 37. Preliminary impact assessment of documents

1. Ministries, ministerial-level agencies and government-attached agencies shall, when preparing proposals for laws, ordinances or decrees, conduct preliminary impact assessments of documents in order to identify social issues to be regulated by legal documents; give arguments for selecting basic policies of documents to ensure that promulgation of a document is the optimum solution to realizing the objectives.

2. A preliminary impact assessment report must clearly state issues to be addressed and objectives of proposed policies, and options for addressing these issues; select the optimal solution to address the issues on the basis of assessment of economic, social, environmental and legal impacts and impacts on fundamental rights and obligations of citizens, the possibility of compliance of agencies, organizations and individuals, and other impacts.

Draft preliminary impact assessment reports must be posted together with cost-benefit analysis data and explanation on the drafting of documents on the websites of proposing agencies for at least 20 (twenty) days for agencies, organizations and individuals to give opinions.

Agencies conducting preliminary impact assessment shall finalize reports on the basis of contributed opinions.

Article 38. Assessment of impacts prior to and during the drafting process

1. On the basis of preliminary impact assessment results, agencies responsible for drafting laws, ordinances or decrees shall assess impacts of documents before drafting them and finalize simple impact assessment reports in the drafting process in order to ensure that the provisions of draft documents are based on impact assessment results and are the optimal option and the most economical way to achieve management objectives.

Assessment must focus on economic, social, environmental and legal impacts and impacts on fundamental rights and obligations of citizens, the possibility of compliance of agencies, organizations and individuals, and other impacts.

2. An impact assessment report must clearly state the issue to be addressed and objectives of proposed policies, alternative solutions; the selected optimal solution to the issue on the basis of assessment of practical impacts of the solutions to implementing basic policies of the draft document based on qualitative and quantitative cost-benefit analysis, and positive and negative impacts of each solution.

3. In any of the following cases, a complete impact assessment report must be prepared on the basis of qualitative and quantitative impact analysis when simple impact assessment results show that:

a/ The document may cost the State, agencies, organizations or enterprises and individuals VND 15 (fifteen) billion or more each year;

b/ The document may exert significant negative impacts on different categories of subjects in society;

c/ The documents may affect a great number of enterprises;

d/ The document may cause significant consumer goods price rises;

e/ The document is controversial, of public concern and significantly affects public interest.

4. Draft impact assessment reports must be posted together with cost-benefit data and calculation method and the draft documents on the websites of the Government and proposing agencies for at least 30 (thirty) days for agencies, organizations and individuals to give opinions.

Agencies conducting impact assessment shall finalize reports on the basis of contributed opinions.

Article 39. Assessment of post-enforcement impacts of documents

1. Within 3 (three) years from the effective date of a law, ordinance or decree, the drafting ministry, ministerial-level agency or government-attached agency shall assess practical impacts of the document, compare them with impact assessment results in the drafting process in order to determine the reasonableness and enforceability of provisions. On this basis, it shall propose competent agencies measures to raise the effect of the document or improve it.

2. A post-enforcement impact assessment report covers an analysis of actual costs and benefits and other impacts; level of compliance of the document by different categories of subjects involved in the document’s enforcement and proposed enforcement measures or amendment or annulment of the document when necessary.

3. Draft post-enforcement impact assessment reports must be posted together with cost-benefit data and the calculation method on the websites of drafting agencies for at least 30 (thirty) days for agencies, organizations and individuals to give opinions.

Agencies conducting impact assessment shall finalize reports on the basis of contributed opinions and send them to the Ministry of Justice for sum-up and report to the Government.

Article 40. Assurance of quality of impact assessment of documents

1. Impact assessment reports of documents must be considered and signed by ministers or heads of ministerial-level agencies or government-attached agencies before the sending of dossiers of proposal for legal documents and dossiers of draft documents for evaluation, to the Ministry of Justice for sum-up and report to the Government.

2. Ministers or heads of ministerial-level agencies or government-attached agencies shall take responsibility for the objectivity and accuracy of the contents of impact assessment reports.

Chapter IV

EVALUATION OF DRAFT LEGAL DOCUMENTS

Section 1. EVALUATION OF DRAFT LEGAL DOCUMENTS BY THE MINISTRY OF JUSTICE AND EVALUATION COUNCILS

Article 41. Responsibilities of the Ministry of Justice in the evaluation of draft legal documents

The Ministry of Justice shall:

1. Evaluate draft documents on schedule; ensure the quality of evaluation reports;

2. Study issues related to draft documents;

3. Hold workshops on to-be-evaluated documents before receiving dossiers for evaluation;

4. Hold advisory evaluation meetings with the participation of concerned agencies and organizations and specialists and scientists;

5. Join drafting agencies in conducting field surveys on issues covered by draft documents;

6. Participate in activities of drafting committees and editing groups in the drafting of documents;

7. Request ministries, ministerial-level agencies and government-attached agencies to appoint their representatives to join the evaluation;

8. Request drafting agencies to make presentations on draft documents and supply information and documents on draft documents;

9. Invite representatives of concerned agencies and organizations, specialists and scientists to join the evaluation.

Article 42. Responsibilities of ministries, ministerial-level agencies and government-attached agencies for the evaluation of draft documents

1. Ministries, ministerial-level agencies and government-attached agencies responsible for drafting documents shall:

a/ Send complete dossiers to the Ministry of Justice for evaluation according to regulations;

b/ Supply related information and documents; make presentations on draft documents at the request of the Ministry of Justice;

c/ Appoint representatives with relevant expertise to join evaluation councils and attend evaluation meetings at the request of the Ministry of Justice;

d/ Invite representatives of the Ministry of Justice and the Government Office to participate in the drafting;

e/ To coordinate with the Ministry of Justice and the Government Office in studying, assimilating evaluation opinions and revising draft documents before submitting them to the Government and Prime Minister;

f/ To assimilate contributed opinions and give explanation thereon and report them to the Government and the Prime Minister for consideration and decision; send revised draft documents and explanation documents on the assimilation of contributed opinions to the Ministry of Justice and the Government Office; and post on the websites of the Government and their agencies the draft documents already revised based on evaluation opinions.

Article 43. Dossiers of draft documents for evaluation

1. Dossiers of draft laws, ordinances or decrees for evaluation comply with Clause 2, Article 36 and Clause 2, Article 63. of the Law on Promulgation of Legal Documents.

Draft documents for evaluation must be those which have been revised based on opinions contributed by agencies, organizations and individuals.

2. A dossier of a draft Prime Minister decision for evaluation comprises:

a/ Official letter requesting evaluation;

b/ Draft report to the Prime Minister on the promulgation of the document;

c/ Detailed explanation report on the draft document;

d/ Draft document already revised based on contributed opinions;

e/ Sum-up report on opinions of agencies, organizations and individuals on the draft document; copies of written opinions of ministries, ministerial-level agencies and government-attached agencies; and explanation report on the assimilation of contributed opinions on the draft document.

3. The number of sets of a dossier for evaluation is 10.

Article 44. Receipt of dossiers for evaluation

1. The Ministry of Justice shall receive and examine dossiers of draft documents for evaluation.

If a dossier is unsatisfactory according to regulations, within 3 (three) working days after receiving it, the Ministry of Justice shall request the drafting agency to supplement it.

2. The drafting agency shall supplement the dossier for evaluation within 10 (ten) working days after receiving the request for dossier supplementation.

The time of evaluation is counted from the date of receipt of a complete dossier for evaluation.

Article 45. Advisory meetings on evaluation

In case of non-setting up of an evaluation council, the Ministry of Justice shall, when necessary, hold an advisory evaluation meeting with the participation of representatives of the drafting agency and concerned units of the Ministry of Justice, representatives of concerned agencies and organizations, and specialists and scientists.

Article 46. Setting up and operation of evaluation councils

1. The Minister of Justice shall set up an evaluation council in the cases prescribed in Clause 1, Article 36 and Clause 1, Article 63 of the Law on Promulgation of Legal Documents.

An evaluation council consists of the chairman, the secretary and other members who are representatives of the Ministry of Justice, the Government Office and concerned agencies and organizations, specialists and scientists.

Evaluation council members must be knowledgeable about issues related to branches or domains covered by draft documents.

2. The total number of members of an evaluation council is 9 (nine).

In case of evaluation of a document drafted by the Ministry of Justice, representatives of the Ministry of Justice must not exceed 1/3 (one-third) of the total number of members.

In case of evaluation of a document with complicated, multidisciplinary issues which is not drafted by the Ministry of Justice, representatives of the Ministry of Justice must not exceed 1/2 (half) of the total number of members.

3. An evaluation council shall operate on the collective discussion principle. It shall terminate operation and dissolve after sending an evaluation report to competent agencies.

Article 47. Meetings of evaluation councils

1. The chairman of an evaluation council shall hold evaluation meetings. A meeting of an evaluation council may be conducted only when it is attended by at least 1/2 (half) of the total number of members.

If unable to attend an evaluation meeting, an evaluation council member shall send his/her evaluation to the evaluation council chairman.

The representative of the drafting agency shall attend evaluation council meetings.

When necessary, the Ministry of Justice may invite representatives of subjects to be directly impacted by the document and of concerned agencies and organizations to an evaluation council meeting.

2. Documents used for an evaluation council meeting shall be sent by the Ministry of Justice to evaluation council members at least 5 (five) working days before the meeting.

3. At an evaluation council meeting, the representative of the drafting agency shall present basic contents of the draft document and explain related issues at the request of council members.

Evaluation council members shall discuss contents subject to evaluation prescribed in Clause 3, Article 36 of the Law on Promulgation of Legal Documents and other issues related to the draft document.

The evaluation council chairman shall give conclusion opinions on the basis of opinions of a majority of council members.

4. The evaluation council secretary shall write minutes of evaluation council meetings.

Such minutes must fully record opinions made at the meeting and be signed by the evaluation council chairman and secretary.

Article 48. Preparation of evaluation reports of evaluation councils

On the basis of minutes of meetings of evaluation councils, within 3 (three) working days after evaluation meetings, secretaries of evaluation councils shall draft evaluation reports and submit them to evaluation council chairmen for consideration and signing.

An evaluation report shall be appended with the seal of the Ministry of Justice.

Section 2. EVALUATION OF DRAFT CIRCUIARS BY LEGAL ORGANIZATIONS

Article 49. Responsibilities of legal organizations of ministries and ministerial-level agencies for evaluating draft circulars of ministers and heads of ministerial-level agencies

1. To evaluate draft documents on schedule; to ensure the quality of evaluation reports.

2. To study contents related to draft documents.

3. To join drafting units in conducting field surveys on issues covered by draft documents.

4. To request drafting units to make presentations on draft documents.

5. To request drafting units to supply information and documents on draft documents.

6. To collaborate with drafting units in drafting circulars.

7. To propose ministers or heads of ministerial-level agencies to assign other units to join in evaluation work or organize advisory evaluation meetings with the participation of concerned agencies, organizations and units, specialists and scientists, for complicated draft documents.

Article 50. Responsibilities of units of ministries and ministerial-level agencies

1. Drafting units of ministries or ministerial-level agencies shall:

a/ Invite representatives of legal organizations to join the drafting;

b/ Fully send evaluation dossiers to legal organizations of ministries or ministerial-level agencies; supply information and documents related to draft circulars at the request of legal organizations;

c/ Make presentations on draft circulars at the request of legal organizations;

d/ Collaborate with legal organizations in studying and assimilating evaluation opinions and revising draft documents;

e/ Make written explanations on the assimilation and non-assimilation of evaluation opinions and report them to ministers or heads of ministerial-level agencies, and concurrently send explanation reports to legal organizations.

2. Units of ministries or ministerial-level agencies, within the scope of their functions, tasks and powers, shall:

a/ Appoint representatives with relevant expertise to join evaluation activities at the request of legal organizations;

b/ Supply information and documents related to the evaluation at the requesf of legal organizations.

Chapter V

TRANSLATION OF LEGAL DOCUMENTS

Article 51. Translation of legal documents into foreign languages

1. Except for those containing state secrets, the following legal documents must be translated into English or may be translated into other foreign languages:

a/ Laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;

b/ Decrees of the Government, decisions of the Prime Minister and circulars of ministers and heads of ministerial-level agencies containing provisions related to or affecting trade in goods and services, and intellectual property.

2. Legal documents not mentioned in Clause 1 of this Article may be translated into English and other foreign languages, excluding those containing state secrets.

3. Drafting agencies shall assume the prime responsibility for, and collaborate with the Vietnam News Agency in, translating into English legal documents mentioned in Clause 1 of this Article.

4. Translations must be true to the spirit and contents of their original legal documents.

5. English translations of legal documents mentioned in Clause 1 of this Article must be published on the website of the Government within 90 (ninety) days from the date of their publication in Cong Bao.

6. Foreign-language translations of legal documents are valid for reference only.

Article 52. Translation of legal documents into ethnic minority languages

1. Depending on the nature and contents of each document, the minister-chairman of the Ethnic Minorities Committee may decide on and organize the translation thereof into an ethnic minority language.

2. Ethnic minority-language translations of legal documents must be true to the spirit and contents of their original legal documents.

3. Ethnic minority-language translations of legal documents are valid for reference only.

Chapter VI

OTHER PROVISIONS

Article 53. Drafting and promulgation of a single document to amend, supplement, replace, abolish or annul more than one document

Ministries, ministerial-level agencies and government-attached agencies shall propose the promulgation of, draft and submit to competent agencies or promulgate according to their competence, a single legal document amending, supplementing, replacing, abolishing or annulling the contents of more than one document promulgated by the same agency in the following cases:

1. It is necessary to improve laws in order to realize international commitments according to schedule;

2. It is necessary to amend, replace, abolish or annul many documents with their contents to be amended, replaced, abolished or annulled falling in the same domain or closely interrelated in order to ensure consistency with newly promulgated documents;

3. The document proposed for promulgation contains provisions related to one or more than one document issued by the same agency and different from such document(s).

Article 54. Drafting and promulgation of legal documents according to the fast-track process and procedures

1. In the case prescribed in Clause 1, Article 75 of the Law on Promulgation of Legal Documents, ministers or heads of ministerial-level or government-attached agencies shall make written proposals to the Prime Minister to decide on the application of the fast-track process and procedures for elaborating and promulgating government decrees and Prime Minister decisions; and to the Prime Minister to submit to competent agencies for decision the application of the fast-track process and procedures under Clause 2, Article 75 of the Law on Promulgation of Legal Documents.

When considering it necessary to apply the fast-track process and procedures to drafting and promulgating documents of the National Assembly or the Standing Committee of the National Assembly and the President, the Prime Minister shall direct ministries or ministerial-level agencies managing relevant branches or domains in preparing written proposals for the Prime Minister to submit to competent agencies for decision.

2. A written proposal stated in Clause 1 of this Article must clearly state the reason for application of the fast-track process and procedures, the title of the document and necessity to promulgate it, the subjects and scope of regulation of the document, its principal contents; projected drafting agency and time of submission of the document.

Article 55. Preparation of the Government’s opinions on proposals of agencies and organizations for laws and ordinances; proposals of National Assembly deputies for laws and ordinances and their recommendations on laws and ordinances

1. The Government Office shall gather agencies’ and organizations’ proposals for laws and ordinances and National Assembly deputies’ proposals for laws and ordinances and recommendations on laws and ordinances, and send them to the Ministry of Justice.

2. The Ministry of Justice shall study and prepare the Government’s opinions on agencies’ and organizations’ proposals for laws and ordinances, and National Assembly deputies’ proposals for laws and ordinances and recommendations on laws and ordinances, and report them to the Prime Minister for decision.

The Minister of Justice shall, by the authorization of the Prime Minister and on behalf of the Government, report the Government’s opinions to the Standing Committee of the National Assembly.

Article 56. Preparation of the Government’s opinions on draft laws, ordinances and resolutions of the National Assembly and Standing Committee of the National Assembly not submitted by the Government

1. Within 3 (three) working days after receiving dossiers of draft documents not submitted by the Government, the Government Office shall report to and or propose the Prime Minister to assign a ministry or ministerial-level agency to assume the prime responsibility for, and coordinate with the Ministry of Justice in, preparing the Government’s opinions, and concurrently forward these dossiers to concerned ministries and ministerial-level agencies for opinion.

2. Within 5 (five) working days after receiving dossiers, ministries or ministerial-level agencies shall send opinions on draft documents to the ministry or ministerial-level agency assigned by the Prime Minister to prepare opinions.

3. When necessary or at the request of the agency responsible for preparing opinions, the Prime Minister shall decide to discuss draft documents at the Government’s meetings.

4. On the basis of opinions of ministries or ministerial-level agencies or results of discussion of cabinet members, the minister or the head of the ministerial-level agency assigned by the Prime Minister to prepare opinions shall assume the prime responsibility for, and coordinate-with the Government Office and the Ministry of Justice in, summing up and finalizing opinions; and shall, by the authorization of the Prime Minister and on behalf of the Government, sign and send these opinions to the drafting agency.

Article 57. Numbering of draft legal documents

The drafting agency shall number draft legal documents to facilitate monitoring and contribution of opinions thereon, except for legal documents drafted and promulgated according to fast-track procedures prescribed in Article 75 of the Law on Promulgation of Legal Documents.

Draft legal documents shall be numbered as follows:

1. Draft 1 is the one submitted by the drafting committee or drafting unit to the head of the drafting agency;

2. Draft 2 is the one decided by the head of the drafting agency to be sent and posted on the website of the Government or the drafting agency for agencies, organizations and individuals to give opinions;

3. Draft 3 is the one already revised based on contributed opinions of agencies, organizations and individuals and sent to the evaluation agency;

4. Draft 4 is the one already revised based on evaluation opinions and submitted to the Government for consideration and decision on submission to the National Assembly and the Standing Committee of the National Assembly, for draft laws and ordinances; to the Government for consideration and adoption, for draft decrees; to the Prime Minister for consideration and promulgation, for draft decisions; and to the minister or head of the ministerial-level agency for consideration and promulgation, for draft circulars and joint circulars;

5. Draft 5 is the one already technically revised based on opinions of cabinet members before it is signed by the Prime Minister or under the authorization by the Prime Minister on behalf of the Government for submission to the National Assembly and the Standing Committee of the National Assembly (for draft laws and ordinances); before it is signed by the Prime Minister for promulgation (for draft decrees); after assimilating opinions of the Prime Minister (for draft decisions) or opinions of the minister or head of the ministerial-level agency (for draft circulars and joint circulars).

Article 58. Determination of effect of legal documents

1. The effective date of a legal document must be specified in the legal document on the principles prescribed in Clause 1, Article 78 and Article 79 of the Law on Promulgation of Legal Documents.

2. Drafting agencies shall specify effective dates of legal documents in their drafts which ensure a sufficient period of time for the public to access the documents and for relevant subjects to prepare for the enforcement of the documents.

In case a legal document of the Government or the Prime Minister is promulgated later than projected, the Government Office shall work with the drafting agency in specifying the effective date of the document after it is signed by the Prime Minister for promulgation.

The date of signing of a document for promulgation is the date the Government Office circulates die document already signed by the Prime Minister.

Article 59. Competence of the Government, the Prime Minister, ministers and heads of ministerial-level agencies to sign legal documents for promulgation

1. The Prime Minister shall sign for promulgation government decrees and joint resolutions of the Government and a central agency of a socio-political organization, and Prime Minister decisions.

In case of absence, the Prime Minister may authorize a deputy prime minister to sign for promulgation legal documents under the Prime Minister’s competence.

2. Ministers or heads of ministerial-level agencies shall sign for promulgation circulars of ministers or heads of ministerial-level agencies and joint circulars promulgated by ministers or heads of ministerial-level agencies and other agencies.

In case of absence, ministers or heads of ministerial-level agencies may authorize their deputies to sign for promulgation legal documents under the former’s competence.

Article 60. Numbers, codes and formats of legal documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies

1. Legal documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies must be numbered by year of promulgation and specific code of each type of legal document under Article 7 of the Law on Promulgation of Legal Documents.

The numbering must start with 01 for each type of document and year of promulgation of such type of document.

Joint legal documents shall be numbered by number of legal documents of drafting agencies.

2. The abbreviated names of legal documents and promulgating agencies are stipulated below:

a/ Abbreviated names of legal documents:

Decree (nghi dinh): ND:

Joint resolution (nghi quyet lien tich): NQLT;

Decision (quyet dinh): QD;

Circular (thong tu): TT;

Joint Circular (thong tu lien tich): TTLT.

b/ Abbreviated names of promulgating agencies:

Government (Chinh phu): CP;

Prime Minister (Thu tuong): TTg;

The abbreviated name of a ministry or ministerial-level agency consists of the initials of each word in the name of the ministry or ministerial-level agency, all in upper case, with the conjunction word “and”, if any, omitted.

For agencies jointly promulgating a legal document, the abbreviated name of the drafting agency comes first, followed by the abbreviated names of each agency jointly promulgating the document, all in upper case, arranged in the Vietnamese alphabetic order.

3. Legal documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies must have proper formats, fully containing the following elements:

a/ Official name of the country;

b/ Name of promulgating agency;

c/ Number and code of document;

d/ Name of place and date of promulgation of document;

e/ Name of type of document and brief summary of document;

f/ Content of document;

g/ Position, full name and signature of competent person;

h/ Seal of promulgating agency;

i/ Recipients.

Article 61. Distinction between legal documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies and administrative documents

1. The Government shall promulgate decrees to stipulate matters defined in Article 14 of the Law on Promulgation of Legal Documents.

The Government shall promulgate resolutions to decide on matters regarding tasks, measures of guiding and directing socio-economic development in each period; to approve programs and schemes; to ratify election constituencies and numbers of deputies to People’s Councils of provinces and centrally run cities; decree-making programs; to adjust administrative boundaries of districts and communes; to approve results of election of members of provincial-level People’s Committees and similar matters.

2. The Prime Minister shall issue legal normative decisions to stipulate matters defined in Article 15 of the Law on Promulgation of Legal Documents.

Prime Minister decisions approving programs and schemes; assigning socio-economic norms to agencies and units; establishing universities; setting up steering committees, councils and provisional committees to perform tasks for a given period; commending, disciplining, transferring, appointing, relieving of duty, dismissing, permitting resignation of, and suspending from working cadres and civil servants and similar matters, are not legal documents.

The Prime Minister shall issue directives to urge the enforcement of laws and legal documents.

3. Ministers and heads of ministerial-level agencies shall promulgate circulars to stipulate matters defined in Article 16 of the Law on Promulgation of Legal Documents.

For such matters as approving programs and schemes; approving statutes of associations and non-governmental organizations; adjusting regulations on internal operation of agencies and units; launching emulation movements; guiding and directing administrative affairs; urging and examining the enforcement of laws and legal documents and similar matters, ministers and heads of ministerial-level agencies shall promulgate decisions or directives.

Article 62. Review and codification of legal documents

1. Ministries, ministerial-level agencies and government-attached agencies shall regularly review legal documents of the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, ministers and heads of ministerial-level agencies which are related to the branches and domains under their management to consider and make timely proposals to competent state agencies to terminate, amend, supplement, replace, abolish or annul these documents when:

a/ The socio-economic situation has changed or new documents have been promulgated, which renders inappropriate the provisions of promulgated documents;

b/ They detect on their own or receive information, requests or recommendations of agencies, organizations and individuals on legal documents which contain provisions showing illegal signs or are contradictory, overlapping or inappropriate.

2. Ministries, ministerial-level agencies and government-attached agencies shall codify once every 5 (five) years by topic and area effective legal documents and legal provisions related to the branches and domains under their management, which are promulgated by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, ministers and heads of ministerial-level agencies.

3. In reviewing and codifying legal documents, ministers and heads of ministerial-level agencies and government-attached agencies shall:

a/ Make lists of documents and provisions which are no longer effective; lists of documents which remain effective but contain provisions which need to be amended, supplemented, abolished or annulled in the branches and domains under the management of their ministries or agencies;

b/ Once every 6 (six) months, send to Cong Bao for publication lists of documents and provisions which are no longer effective;

c/ Promptly terminate, amend, supplement, replace, abolish or annul according to their competence or propose competent agencies to terminate, amend, supplement, replace, abolish or annul legal documents detected to contain provisions which are illegal or no longer suitable to the socio-economic situation or which become inappropriate after new documents are promulgated by superior state agencies;

d/ If detecting official letters, notices, telegraphs, guidelines and other administrative papers containing legal norms, promptly terminate the implementation thereof, handle them according to their competence or propose competent state agencies to terminate the implementation thereof and handle them in accordance with law.

4. Legal organizations shall assume the prime responsibility for, and coordinate with units of ministries, ministerial-level agencies and government-attached agencies in, reviewing and codifying legal documents concerning the branches and domains under the management of their ministries or agencies under Clauses 1 and 2 of this Article.

Article 63. Responsibility to supervise and evaluate the enforcement of legal documents

1. Ministries, ministerial-level agencies and government-attached agencies shall annually evaluate the enforcement of documents they have drafted or promulgated in order to promptly urge, and organize and guide the implementation of. documents, or propose competent agencies to amend, supplement or abolish inappropriate provisions.

2. Evaluation of the enforcement of documents must focus on the following matters:

a/ Level of observance of documents by agencies, organizations and individuals, and reasons for observance and non-observance;

b/ Effectiveness of the dissemination and popularization of documents;

c/ Reasonableness of provisions in documents;

d/ Assurance of conditions for implementation of documents, namely, finance, human resources and organizational apparatus.

3. Ministries, ministerial-level agencies and government-attached agencies shall send reports on evaluation of the implementation of laws, ordinances, decrees and Prime Minister decisions on the branches and domains under their management (with the contents defined in Clause 2 of this Article) to the Ministry of Justice every October, for sum-up and submission to the Government.

4. Legal organizations shall:

a/ Coordinate with units of their ministries, ministerial-level agencies or government-attached agencies and concerned agencies in evaluating the enforcement of documents;

b/ Monitor and urge units of their ministries, ministerial-level agencies or government-attached agencies to evaluate the enforcement of documents;

c/ Sum up and make annual reports of their ministries, ministerial-level agencies or government-attached agencies on evaluation of the enforcement of documents related to the branches and domains under the management of their ministries or agencies, and send them to the Ministry of Justice for sum-up and submission to the Government;

d/ Urge units of their ministries, ministerial-level agencies or government-attached agencies to draft documents detailing laws, ordinances, decrees, decisions and circulars falling within the tasks of their ministries or agencies.

5. In supervising and evaluating the enforcement of documents, the Ministry of Justice shall:

a/ Guide and urge ministries, ministerial-level agencies and government-attached agencies to evaluate the enforcement of documents;

b/ Monitor and urge ministries, ministerial-level agencies and government-attached agencies to draft documents detailing laws, ordinances, decrees and decisions;

c/ Sum up and report to the Government on the enforcement of legal documents nationwide every December.

Article 64. Responsibilities of ministers, heads of ministerial-level agencies and government-attached agencies for improving the quality of legal documents

1. To comply with the process of formulation and promulgation of legal documents prescribed in the Law on Promulgation of Legal Documents and this Decree.

2. To ensure conditions for the formulation of legal documents in their ministries, ministerial-level agencies or government-attached agencies.

3. To organize training to enhance the capacity of policy analysis and making tentative legislative programs and raise the skills of drafting, assessing impacts of, and collecting opinions on draft documents, and evaluating the enforcement of legal documents.

4. To supply information concerning branches and domains under their management at the request of drafting, evaluating and verifying agencies.

5. The Ministry of Justice shall guide the process and methods of assessing impacts of documents; to provide technical guidance on making proposals for legal documents; drafting techniques; evaluation techniques; reviewing, codifying and examining legal documents and evaluating the enforcement of legal documents.

6. The Ministry of Justice shall assume the prime responsibility for, and coordinate with concerned agencies in. guiding the formats and techniques of presentation of legal documents of the Government, the Prime Minister, ministers and heads of ministerial-level agencies and joint legal documents.

Article 65. Assurance of communication conditions for the formulation and improvement of the legal system

Ministers and heads of ministerial-level agencies and government-attached agencies shall:

1. Provide technical equipment and information technology to promptly and effectively meet requirements of access to and research and processing of relevant information serving the formulation, review, codification and examination of legal documents of ministries, ministerial-level agencies and government-attached agencies;

2. Supply documents and information concerning the branches and domains under the management of their ministries or agencies for the formation and improvement of the legal system at the request of other ministries, ministerial-level agencies, government-attached agencies, other agencies and organizations, and concerned individuals.

Article 66. Assurance of human resource conditions

Ministers and heads of ministerial-level agencies and government-attached agencies shall:

1. Arrange cadres and civil servants for the formulation of legal documents;

2. Consolidate their cadres and civil servants participating in the formulation of legal documents and the improvement of the legal system;

3. On the basis of their practical conditions, at least once a year, organize training in necessary skills and knowledge for their cadres and civil servants participating in the formulation of legal documents and the improvement of the legal system.

Article 67. Assurance of funds for the formulation of legal documents and improvement of the legal system

1. Funds for the formulation of legal documents and improvement of the legal system shall be allocated from the state budget and estimated in regular operation expenses of ministries, ministerial-level agencies and government-attached agencies for the following activities:

a/ Studying and proposing the drafting of documents;

b/ Making tentative legislative programs;

c/ Surveying and researching in the drafting process;

d/ Drafting documents:

e/ Assessing impacts of documents;

f/ Collecting opinions on draft documents;

g/ Contributing opinions on and evaluating draft documents;

h/ Verifying draft documents by the Government Office;

i/ Reviewing and codifying legal documents and legal norms;

j/ Translating documents into foreign and ethnic minority languages;

k/ Examining and handling documents;

l/ Supervising and evaluating the enforcement of documents.

2. The Minister of Justice shall assume the prime responsibility for, and coordinate with the Minister of Finance and the minister-chairman of the Government Office in, guiding spending norms for activities stipulated in Clause 1 of this Article.

3. The Ministry of Finance shall allocate sufficient funds on time for the formulation of legal documents and the improvement of the legal system.

4. Drafting agencies may use financial supports of projects and organizations and individuals at home and abroad in accordance with law to supplement the funds for the formulation of legal documents and the improvement of the legai system.

Article 68. Implementation responsibilities

1. Ministers and heads of ministerial-level agencies and government-attached agencies shall implement this Decree.

Ministers and heads of ministerial-level agencies and government-attached agencies shall specify the order and procedures for drafting and promulgating, reviewing, codifying, examining and handling legal documents applicable within their respective agencies.

2. If provincial-level People’s Committees are agencies assigned to draft legal documents tailing under the promulgating competence of central state agencies, they shall apply drafting and promulgating process and procedures stipulated in this Decree.

3. In case of drafting and promulgating joint resolutions of the Government and the central agency of a socio-political organization, the process and procedures are the same as those stipulated in Section 1, Chapter II of this Decree.

In case of drafting and promulgating joint circulars of a minister or the head of a ministerial-level agency and the president of the Supreme People’s Court or the director of the Supreme People’s Procuracy, the process and procedures are the same as those stipulated in Section 3, Chapter II of this Decree.

Article 69. Effect

This Decree takes effect on April 20, 2009.

This Decree replaces the Government’s Decree No. 161/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents and the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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Ngày ban hành05/03/2009
Ngày hiệu lực20/04/2009
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Lược đồ Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents


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      Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents
      Loại văn bảnNghị định
      Số hiệu24/2009/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành05/03/2009
      Ngày hiệu lực20/04/2009
      Ngày công báo...
      Số công báo
      Lĩnh vựcLĩnh vực khác
      Tình trạng hiệu lựcHết hiệu lực 01/07/2016
      Cập nhật4 năm trước

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          Văn bản gốc Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents

          Lịch sử hiệu lực Decree of Government No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures for the implementation of the Law on Promulgation of Legal Documents