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Circular 22/2011/tt-Bct: Provisions On The Building, Appraised The Legal Text Of The Ministry Of Industry And Trade

Original Language Title: Thông tư 22/2011/TT-BCT: Quy định về việc xây dựng, thẩm định văn bản quy phạm pháp luật của Bộ Công Thương

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Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;

Pursuant to the law enacting the legal text on 03 June 2008;

Pursuant to Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text;

Pursuant to Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedures;

Minister of industry and trade regulations on the building, appraised and issued legal documents of the Ministry of industry and trade as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circulars about preparation, sequence, procedure, appraisal and construction issued legal documents by the Ministry of industry and Commerce chaired built or issued by the authority.

Article 2. Application object 1. The Service, Bureau, Institute, Office of the Ombudsman, the Ministry (hereinafter referred to as the unit of the Ministry).

2. Organizations and individuals related to the formulation, evaluation and issued legal documents of the Ministry of industry and trade.

Article 3. Directing the formulation, evaluation and issued legal documents 1. The Minister directed the comprehensive formulation, appraisal and issued legal documents of the Ministry of industry and trade.

2. The Vice Minister made the directing the build, assess the legal text as the field is assigned and reported the Secretary before signing.

Chapter II CONSTRUCTION PROGRAM in the LEGAL TEXT of the article 4. The program to build the legal text of the Industry 1. The program to build the legal text of the Ministry of industry and trade (hereinafter referred to as the program) are based on a synthesis of the tasked the competent bodies, the recommendations of the unit in the Ministry of Legal Affairs and are verified.

2. The program includes the following principal contents: a) the name of the legal text should be built, issued;

b) process or grant issued for each text;

c) time process, issued for each text;

d) chaired the drafting unit for each text;

DD) other necessary content.

3. The program signed by the Minister and the Minister of the decision can be adjusted and supplemented in accordance with article 11 of this circular.

The program is issued according to the form prescribed in annex 1 of this circular.

4. The program is the basis for the allocation of funding support for the formulation of the legal text.

Article 5. Prepare the program 1. Before signing on to the program, which is expected to register to conduct the following activities to as the basis for the proposed construction of the text: a) the reviewing party policy, the law of the State concerned to clarify the legal basis and conformity with the party's policies and laws of the State;

b) scrutinize the relevant text was issued, the commitment in the international treaties to which the Socialist Republic of Vietnam is a member, or planning to become a member in order to avoid the overlap and define what content to modify, Supplement, replace;

c) research, surveys, workshops, discussions, statistical evaluation practices, international experience and the need to enact text, the scope, subject to preliminary impact assessment, (if necessary).

2. The unit is responsible for reporting The leaders about the documents were prepared as specified in paragraph 1 of this article and send Service legislation to serve verifies the proposed construction of the text.

Article 6. Suggest, propose to build the legal text 1. The units of the Ministry responsible for establishment of the proposed building legal text send Service legislation to General, reported the Minister according to the following deadlines: a) before 31 January of the first year of the term of the National Assembly for the proposed construction of the Act, the resolution of the National Assembly Ordinances, resolutions of the National Assembly Standing Committee (hereinafter referred to as laws and ordinances) for the term of the National Assembly;

b) Before 15 October each year for the proposed building laws and ordinances for the following year;

c) before 1 July each year for the proposed construction of the Decree of the Government and the Prime Minister's decision for the following year;

d) Before 30 November each year for the Minister's circular and circular by the Ministry of industry and Commerce chaired drafting (hereinafter referred to as the circular) for the following year.

2. Agencies, organizations, individuals may submit recommendations to the construction law, ordinances, decrees in writing to Service legislation or through electronic information page of the Ministry of industry and trade (www.moit.gov.vn). Legal services is responsible for chairing, in collaboration with the units of The aggregate consideration of recommendations to the Minister reports.

3. Service legislation is responsible for posting on the electronic information page of the presentation about the proposed building laws and ordinances, decrees and report preliminary impact assessment of writing in time at least 20 (twenty) days to the agencies, organizations, individuals involved in comments.

Article 7. Records suggest construction of legal texts 1. With regard to laws and ordinances, records suggest construction made under the provisions of article 4 of Decree 24/2009/ND-CP on March 5th, 2009 by government regulations and details of the measures enforced the law promulgated legal documents (hereinafter referred to as the Decree No. 24/2009/ND-CP).

2. With regard to the Decree of the Government, records suggest construction include: a) the presentation of recommends the construction Decree detailing implementation of the law, the Ordinance must specify the legal bases, the need to enact text, basic policy, the main content of the text;

b) Decree listing the proposal put on the program, including the name of the text, the Agency chaired the drafting, the expected time the Government (specifically to months);

c) reported preliminary impact assessment of the text.

3. With regard to the decision of the Government, the Prime Minister's circular, records suggest construction is a captions stating the name of the text; the need to enact a legal base, text issued text; the issues to be addressed; the main content of the expected text; unit name chaired drafting; the time (specific to the month).

4. In addition to the records specified in paragraph 1, 2, and 3 of this article, the unit hosted the editor is responsible include the documents prepared concerning the draft text are defined in clause 1 5 of this circular.

Article 8. Verify that the proposal to build the legal text 1. Legal services is responsible for verification of records suggest construction of the legal text of the unit in the Department to the Minister to consider putting on the program.

2. Case profile suggested building the legal text does not meet the requirements stipulated in article 7 of this circular, within 5 (five) working days, the legislation proposed in The supplementary units, complete.

3. Service legislation make verification within 7 (seven) working days from receipt of application recommended building the legal texts by the units of the Ministry.

Content verified mainly include: the need to enact, legal base, adjustable range, the object application, basics of policy documents, computer synchronization, feasibility, compliance with the law and current Vietnam with the international treaties to which Vietnam is a Member guarantee conditions, to build and execute the text.

4. During the investigation, if the need to clarify the related content, the Unit recommended the construction of text have accountability on the contents.

Article 9. Enact the programme 1. The base assessment results, the legislation created the draft program, sent to the units in the Department and posted on the Ministry's electronic information page (www.moit.gov.vn) to the Agency, organization, individual participants for comments.

2. On the basis of the opinion of the units of the Ministry, agency, organization, individual, Service control legislation, improve the draft program, the Ministers reviewed and decisions issued.

Article 10. The programme 1. Service legislation, cooperation with the Office of the track, urging the unit in The implementation of the program.

2. Unit heads in The assigned host text editor has a legal responsibility to ensure the progress of the drafting process, the progress, the quality of the draft text; make monthly report mode, quarterly, 6 (six) months, 1 (one) year or report irregular construction progress legal documents at the request of The leadership and Service legislation.

Article 11. Adjust, additional program 1. Units of the Ministry may propose adjustments, additional programs in the following cases: a) taken out of the program when there is a change in the social-economic conditions affect the need to enact text;

b) additions to the text of the program due to the request of the State management in the field of governance of the Industry or are modified, supplemented by the new text was enacted to ensure the uniformity of the legal system or to implement international commitments;

c) adjusted the time due to the slow progress of draft and by the quality of the text is not guaranteed.

2. Units of the Ministry sent a written proposal to adjust to Service legislation, which must specify the reason for adjustment, the time taken. Additional suggested text into the program as defined in point b of paragraph 1 must have the profile according to the provisions of article 7 of this circular.

3. Service legislation is responsible for verification and synthesis to suggest adjustments, additional programming, process review, the Ministers decided.

4. The adjustment programme supplement is made at the latest before the date of July 15 each year.

Chapter III DRAFTING of LEGAL TEXTS article 12. The Edit assignment of Ministers delivered a unit under the Ministry presided over drafting legal documents and other units to coordinate drafting, in accordance with the functions and duties of the unit.

Article 13. Drafting of laws, ordinances, decrees


1. Drafting of laws, ordinances, decrees are made through drafting and Editorial Board under the provisions of the Act enacted the legal text and Decree No. 24/2009/ND-CP.

2. Unit chaired drafted in collaboration with the Ministers signed the legislation establishing the drafting Committee decision and the editor.

Article 14. Draft decision of the Prime Minister's circular, 1. The draft decision of the Prime Minister, the Minister's circular is made through the nest.

2. The unit is responsible for drafting chaired the Ministers signed the founding decision drafting.

The nest editor decision of Prime must be composed of representatives of the Ministry of Justice, government offices, Legal Service Industry and the agencies, organizations and individuals concerned.

The nest editor circular of the Minister must be composed of Chief's unit leader chaired drafting and members representing Service legislation, represent the units, organizations and individuals concerned.

3. Nest drafting up blueprints for drafting according to the duration of the effect of the decision establishing the drafting until the time of the draft text, in accordance with the drafting progress of the program.

4. Nest editor taking the time needed for the work of the law enforcement situation; survey, evaluate the reality of social relations; research information, relevant data to serve as a basis for the formulation of the outline, draft.

Article 15. Comments in the drafting process 1. In the process of drafting the legal documents, unit chaired drafting must take the opinion of the Agency, organization, and individual objects subject to the direct impact of the text, may be in the form: direct poll; send the draft for comments; Organization of workshops; through the electronic information page of the Government, of Industry or the mass media.

2. for projects of laws and ordinances, the unit hosted the editor must send the draft to the ministries, ministerial agencies, government agencies to get comments. In it, need to get comments on the financial resources of the Ministry of finance, comments on the human resources of the Ministry of Internal Affairs, comments on the environmental impact of the Ministry of natural resources and the environment, the Foreign Ministry's opinion on the compatibility with the relevant international treaties to which the Socialist Republic of Vietnam is a member.

3. With regard to the draft decree of the Government, the decision of the Government, the Prime Minister's circular, chaired the drafting units are responsible for organizing comments as defined below: a) with regard to the draft decree of the Government: the unit chaired drafting to The opinions , ministerial-level agencies, government bodies, the objects subject to the direct effects of the text; stated the problem should please comments and specify the address of receiving feedback.

Host unit responsible for drafting, receiving, explain the content of the receiving or not receiving the opinions. Receiving text or explanation of the comments and the draft was to acquire, modify must be posted on the website of the electronic government, of Industry.

With regard to the draft relating to the rights and obligations of the business, the unit hosted the editor responsible sent to Chambers of Commerce and industry of Vietnam to take the opinions of the business;

b) with respect to the draft decision of the Government, the Prime Minister's circular: application host organizations are responsible for drafting opinions of the object subject to the direct effects of the text and of the agencies, organizations and individuals, as defined in paragraph 1 of this article.

The case of the text of a decree concerning the rights and obligations of the business, the unit hosted the editor responsible sent to Chambers of Commerce and industry of Vietnam to take the opinions of the business.

4. The unit is responsible for drafting Chair stating the issues to please your comments fit with each object needed opinions; General comments according to the target groups; send Service legislation to be posted on the Ministry's electronic information page of text or to the comments and the draft has been receptive to modify.

5. Unit chaired drafting send Service legislation posted the full text of the draft report and reviews the impact of the text (for the project of law, Ordinance; draft decree of the Government), specifying the address and time limit for receiving comments on electronic information page of the Government or of the time at least 60 (sixty) days to the Agency , organization, personal comments.

Article 16. Impact assessment prior to and during the drafting of the text 1. In the process of drafting the text, on the basis of the results of the preliminary impact assessment unit, chaired the drafting of laws, ordinances, decrees are responsible for assessing the impact before text editing and finalizing the report reviews the impact simply in the process of drafting. The impact evaluation focused on the impact on the economy, society, environment, legal system; the impact on the fundamental rights and duties of citizens; the Agency's compliance capabilities, organizations, individuals and other impacts.

2. The report reviews the impact must clearly state the issue to be addressed and the objectives of the policy, is expected to solve the problem; Choose the optimal approach to solve the problem on the basis of a specific impact assessment solutions to implement the basic policy of the draft text based on the quantitative or qualitative analysis of costs, benefits, the positive effects, negative.

3. The report reviews the full impact to be built on the basis of qualitative and quantitative analysis of the impact upon the results of simple impact assessment shows one of the following cases: a) the text could give rise to annual costs of 15 (fifteen) billion and over to the State the Agency, organization, or business, personal;

b) text can have a significant negative impact for the target groups in society;

c) text can affect a large number of enterprises;

d) text can significantly increase consumer prices;

DD) text many different opinions, is the public interest and have a significant influence on common interests.

The draft impact assessment report must be attached to the data, the calculation of costs, benefits and the draft text on electronic information of the Government, of Industry documents within a period of at least 30 (thirty) days to the agencies, organizations, individuals taking suggestions.

The Unit conducted impact assessment is responsible for improving the impact assessment report on the basis of the comments and suggestions.

Article 17. Posted on electronic information Page 1. Chaired the drafting unit is responsible for sending the Service legislation to post the draft legal text on electronic information of the page during at least 60 (sixty) days to the Agency, organization, personal comments.

2. The draft text sent Service legislation be posted on the Ministry's electronic information page is drafted according to the provisions in clause 2 Article 57 of Decree 24/2009/ND-CP.

Draft 2 is the draft are the heads of subdivisions presided over drafting the decision sent and posted on the website of the Government or of the Industry to the Agency, organization, individual participants for comments.

The draft impact assessment report with data, how to calculate the costs, the benefits attached and the draft text has included administrative procedures should be sent to Service legislation be posted on the Ministry's electronic information page at least 30 (thirty) days to the Agency, organization, individuals taking suggestions.

Article 18. Drafting legal documents in sequence, the shortened procedure 1. Laws, ordinances, decrees of the Government, the Prime Minister's decision in the case of emergency or need immediate modifications to suit the new legal text is issued shall be issued according to the order, the shortened procedure provided for in Articles 75, 76, 77 Law promulgated legal documents and this.

The circular should be issued to that effect at the same time has the effect of law, ordinances, decrees of the Government, the Prime Minister's decision referred to in this paragraph shall be issued according to the order, the shortened procedure.

For the other non-circular in the case specified in clause 1 of this article but are directing building requirements, process or issued to fold then led The review, allows the construction of text in sequence, the shortened procedure.

2. The drafting of text in sequence, the shortened procedure is performed as follows: a) chaired the drafting unit do not need establishing drafting, drafting Committee which can directly organize the drafting;

b) unit chaired drafting may hold opinions the Agency, organization, individuals concerned about the draft text;

c) time limit for comments on administrative procedures (if any) for the text to follow the abridged procedure is carried out according to point b paragraph 3 article 19 of this circular;

d) the evaluation of the draft text made according to procedures to be simplified perform at the point c paragraph 3 to article 22 of this circular;

DD) coordination with legal Services Unit chaired drafting documents for evaluation and support unit chaired drafting in the work to modify text after the evaluation.

3. the profile draft legal text under the shortened procedure.

a draft of the sheet) the draft text;

b) draft text;

c evaluation reports) with regard to the draft decree of the Government, the draft decision of the Prime Minister, draft circular; assessment for the project laws and ordinances;

d) the opinion of the Agency, control unit the administrative procedures of the administrative procedure are specified in the draft legal text (if available).

Chapter IV CONTROL of ADMINISTRATIVE PROCEDURES, EVALUATION of the DRAFT LEGAL TEXT of article 19. The Agency's opinions, control unit administrative procedures for the administrative procedure are specified in the draft legal text.

1. Before sending Service legislation evaluation, chaired the drafting unit must submit the Agency's opinions, the control unit the administrative procedure according to the following provisions:


a) opinions administrative control Bureau (Government Office) for the administrative procedures prescribed in draft laws and ordinances; draft decree of the Government, the draft decision of the Prime Minister, draft circular;

b) consulted The Office for the administrative procedures prescribed in the draft circular of the Minister.

2. send a poll records) text recommended to join the opinion, which stated the problem should please comments with regard to the provisions of the administrative procedure, clearly define the criteria of administrative procedures include: the need; reasonableness; the legality and the costs of implementation of the administrative procedure. The case of the administrative procedure was modified, added, in addition to the assessment criteria of the administrative procedure, the unit hosted the editor is clearly simple presentation, the advantages of the procedure are modified and supplemented;

b) the draft text of a decree on administrative procedures;

c) A reviews the impact of the regulations on the administrative procedure according to the criteria: the need; reasonableness; the legality and the costs of compliance with administrative procedure. A reviews the impact of administrative procedures follow the form prescribed in annex 4, 5, 6 attached to this circular.

3. The deadline for comments with respect to the provisions of the administrative procedure.

a) within a period of 10 (ten) working days from the date of receiving the application submitted comments, The Office is responsible for organizing ideas, General comments and submit text comments for the editor presiding over units;

b) for the administrative procedure are specified in the draft text was built, issued according to the order, the shortened procedure, the deadline for comments is not more than 3 (three) working days.

4. Unit chaired drafting is responsible for research, receiving the Agency's opinions for the opinion as prescribed in paragraph 1 of this article. The case is not receiving comments, the host must have editor specific explanation in writing.

The currency, the Agency's comments, tire pressure gauge unit control of administrative procedures in the draft legal text is shown in the text, explanation. The text, the award must be submitted to the Agency for comments in accordance with paragraph 1 of this article.

Article 20. The suggested evaluation profile 1. The number of records sent Service legislation evaluation is 5 (five).

2. for projects of laws and ordinances, records suggest that evaluators include: a) sheets of the Government on the project, draft;

b) draft text;

c) A presentation of details on the project, draft reports and reviews the impact of the draft text;

d) report summarizing the enforcement of law, reviews the reality of social relations related to the main content of the project, draft;

DD) A general opinion of agencies, organizations and individuals about the content of the project, draft; a copy of the comments of the ministries, ministerial agencies; justification, to gain feedback on the project, draft;

e) reviews the impact on administrative procedures;

g) justification about receiving comments of the Bureau of control procedures;

h) other related documents (if any).

3. With regard to the draft decree, records suggest that evaluators include: a) sheets of the Government on the draft decree;

b) draft decree;

c) A presentation of the details and the report reviews the impact of the draft text;

d) A rating impact on administrative procedures;

justification) about receiving comments of the Bureau of control procedures;

e) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text; a copy of the opinion of the Ministry, ministerial-level agencies, government agencies; justification about receiving feedback;

g) other related documents (if any).

4. With regard to the draft decision of the Prime Minister, suggested evaluation records include: a) the sheets of the Prime on draft decisions;

b) the draft decision;

c) A presentation of the details and the report reviews the impact of the draft text;

d) A rating impact on administrative procedures;

justification) about receiving comments of the Bureau of control procedures;

e) A general opinion of agencies, organizations and individuals about the content of the project, draft; a copy of the comments of the ministries, ministerial agencies; justification, to gain feedback on the project, draft;

g) other related documents (if any).

5. With regard to the draft circular, records suggest that evaluators include: a) The text of the proposal evaluation;

b) draft Ministerial sheet of the draft circular;

c) draft circular after receiving the opinion of the Agency, organization, or individual;

d) A rating impact on administrative procedures;

justification) about receiving comments of The Office;

e) A synthesis of the opinions of the agencies, organizations and individuals about the content of the draft circular; tournament report receiving the opinion of the Agency, organization or individual about the content of the draft circular;

g) other related documents (if any).

Article 21. Receiving records appraisal Service legislation is responsible for receiving and examining draft profile legal texts by the sending Unit evaluation.

Evaluation profile the case does not meet the requirements specified in article 20 of this circular, within a period not exceeding 3 (three) working days from the date of receipt, the legislation proposed subdivisions presided over drafting complementary profiles.

Article 22. Organization of the evaluation 1. After receiving the full recommended records appraisal, Legal Services is responsible for organizing the meeting evaluation.

Where necessary, the legislation proposed subdivisions presided over drafting explanation on the draft legal text for the work of the evaluation.

2. With regard to the draft legal text, also the problems that various opinions, Legal Services in collaboration with the unit of presiding Editor to handle. In case of need, the proposed legislation The leaders presided over a meeting with the unit to discuss the matter before the appraisal comments.

3. evaluation period a) the time limit for the evaluation do not exceed 10 (ten) working days from the date of Service legislation receive a full profile assessment proposals for the draft law, Ordinance, Decree, the decision of the Prime Minister;

b) the time limit for the evaluation do not exceed 7 (seven) working days from the date of Service legislation receive a full profile assessment proposals for the draft circular;

c) evaluation period not exceeding 3 (three) working days from the date of Service legislation receive a full profile assessment proposals for the draft legal text of building and issued in sequence, the shortened procedure.

Article 23. Content content evaluation appraisal the draft legal text focuses on the following issues: 1. The need to enact text, objects, the scope of the draft text.

2. the conformity of draft text content with the way, advocates, the party's policy.

3. Constitutionality, legality and consistency of the draft text with the legal system and its compatibility with the relevant international treaties to which the Socialist Republic of Vietnam is a member.

4. The feasibility of the draft text, including conformity between the provisions of the draft text with actual requirements, the level of development of the society and conditions guaranteed to perform.

5. language, technical text editor.

Article 24. The meeting evaluation 1. Legal Services chaired the meeting evaluation the legal text. For the text of the content related to the specialized technical elements, the content has many different opinions, the legislation could invite representatives of unit chaired drafting, drafting, control unit administrative procedures, experts, technicians and other related units participated in the meeting evaluation.

2. The sequence of the meeting evaluation: a) the leader of the legal service of the statement of reasons of the meeting;

b) reports provide the information related to the project, draft, said his comments about the problems in the scope of the evaluation;

c) members attending the meeting discussions and statements of opinion, focusing on the problems in the scope of the evaluation provided for in Article 23 of this circular;

d) leader General Legal Service opinions and conclusions.

Presenters are responsible for recording and signed the minutes of the meeting evaluation. The minutes must record full of opinions at the meeting to serve as a basis for drafting the evaluation report.

Article 25. Assessment report 1. On the basis of the minutes of the meeting evaluation, Legal Services is responsible for drafting the report the evaluation according to the content of the evaluation provided for in Article 23 of this circular. Evaluation report form prescribed in Appendix 3 attached to this circular.

2. Unit chaired drafting have accountability evaluation report writing to send Service legislation and Ministry leaders report to review the decision.

Chapter V RELEASED, PUBLISHED, TRANSLATED TEXT to article 26. The register issued Circular 1. The leaders signed the records issued the circular are: a) the sheets of the leaders on the draft circular;

b) draft circular was justified after evaluation comments;

c) A synthesis of the opinions of the agencies, organizations and individuals about the content of the draft circular; tournament report receiving the opinion of the Agency, organization or individual about the content of the draft circular;

d evaluation of the Service report) legislation;

DD) reported receiving award assessment opinions;

e) other related documents (if any).

2. Draft circulars signed the documents must be fully specified in paragraph 1 of this article; the signature off of unit leaders chaired the drafting and signature of the leader of the Legal Service in the corner to end every page of the draft text before the leader of the enactment.

Article 27. Send a text check Agency, Post Gazette and the electronic information page 1. The Office is responsible for sending the circulars have been issued the leader (a paper and electronic version) to government offices to Post Gazette and on the Government's electronic information, the competent authorities check, text processing in the industry, the relevant field except for the text content in State secrets.


2. within 5 (five) working days from the date the legal text is issued, the Legal Service has the responsibility to coordinate with the units concerned posted the text on the website of the Ministry of industry and trade, have brief text and create favorable conditions for organizations individuals can download a software text.

Article 28. Published, introducing the legal text.

1. within 7 (seven) working days from the date the text was issued, depending on the nature and importance of the text was enacted, the proposed legislation led The presiding or authorized host press conferences or have text introduces a new legal text to news agencies , the press, the Vietnam Lawyers Association, Federation of Jurists Vietnam, associations and individual organizations concerned.

2. Service legislation and relevant units responsible for coordination with the Office of the Ministry made the announcement, introduced the text.

Article 29. Translate legal documents 1. Within a period of 90 (ninety) days from the date of the text published in the Royal Gazette, Legal Service, in coordination with the Vietnam News Agency and the relevant unit room the text related to the field of trade in goods and services, in terms that allow the other text can be translated into English or other foreign languages.

2. The translation of the text is done in the form of individual institutions hire expertise. The draft translation is sent to the Vietnam News Agency to edit.

3. Translation of legal documents into English or other foreign language to ensure the spirit of the text is translated, ensure the accuracy of the text and the reference value only.

Chapter VI ORGANIZATION of the IMPLEMENTATION of article 30. Guarantee for building the legal text The leaders, heads of units of the Ministry within the scope of the functions, duties, their powers responsibly redeploying officers, funding support, media work, information, other necessary conditions for the preparation of drafting, taking comments and evaluation of the draft legal text.

Article 31. Funding to support the construction of the legal text 1. Financial services is responsible for implementation of the funding allocation from the State budget for the legal text of The current regulations.

2. On the basis of the funds from the State budget, the legislation process of the leader, the decision to allocate funding to support the construction of the legal text.

Model decided to allocate funds to support construction of the legal text of the regulations in Appendix 2 attached to this circular.

3. With regard to the legal text has the scope, subject to broad, complex, potentially causing major impact, the unit hosted the text construction of proposed legal research scientific arguments and practices serve the construction of the text consistent with the provisions in the guidelines to build scientific and technological plans of The Ministry.

4. The unit is funding construction of legal text establishing detailed estimates submitted to the Office and use of funds supported by the financial regime, ensure sufficient valid evidence of lawful, according to current rules.

The Office is responsible for guiding the unit cost and the settlement of funds once the legal text.

Article 32. Reviews construction documents Legal Service Legal Affairs are responsible for summary, summarizing, evaluating and quarterly report of Minister of construction legal text.

Article 33. Merit 1. The progress of drafting, quality built legal text is one of the bases for evaluation, review, reward annually for individuals, units of the Ministry.

2. Based on the results of text construction units have special achievement excellence, Legal Service, in collaboration with the Service emulation-rewarded and the units concerned to consider suggestions about Ministry leadership rewarded extraordinarily.

Article 34. Handle responsibility 1. The unit was given the lead text editor are not legal review emulation, rewarded in years when there are over 50% of the text in the program been slow progress from 3 (three) months without good reason.

2. Service legislation not be consider emulating, rewarded in years when there are over 50% of the text is incorrect assessment prescribed time limit without good reason.

3. The leader is given the task of directing the building of the legal text as the field is assigned that to slow the progress of the criticism of The leadership collective.

Chapter VII ENFORCEMENT PROVISIONS Article 35. Responsible for enforcing The leaders, heads of unit and individual organizations concerned is responsible for the implementation of this circular.

Article 36. Effective enforcement of this circular effect since January 15, 2011 and replaces circular No. 16/2009/TT-BCT of the Ministry of industry and trade on June 25, 2009 regulations on the building, appraised and issued legal documents of the Ministry of industry and trade.