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Circular No. 03/2009/tt-Btm Dated: Prescribing The Order And Procedure For Drafting, Evaluation, Issued Legal Documents In The Field Of Ethnic Work

Original Language Title: Thông tư 03/2010/TT-UBDT: Quy định trình tự, thủ tục soạn thảo, thẩm định, ban hành văn bản quy phạm pháp luật trong lĩnh vực công tác dân tộc

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The CIRCULAR regulates the order and procedure for drafting, evaluation, issued legal documents in the field of ethnic Affairs 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. 60/2008/ND-CP dated 9 May 2008 of the Government functions, tasks, powers and organizational structure of the Commission;
Ethnic Committee regulation sequence, procedure for drafting, evaluation, issued legal documents in the field of ethnic work as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the order and procedure for drafting, evaluation, issued legal documents within the governance of the nation.
Article 2. The object that applies to this circular apply to organizations, units and individuals belonging to ethnic Committee related to the drafting, promulgation of the legal text.
Article 3. Legal documents on ethnic work 1. Laws, ordinances and resolutions by the Committee assigned peoples chaired the drafting process of the Government to the Government of the Congress, the Standing Committee of the National Assembly.
2. The Decree, the decision by the Commission was given the host nation drafted for submission to the Government, the Prime Minister.
3. The circular issued by the peoples Committee.
4. Circular between ethnic Committee with ministries, ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate.
Article 4. The language, layout, numbers, symbols, forms and techniques of legal texts 1. The language, layout, numbers, symbols, forms and techniques of legal texts comply with the provisions of article 5, article 7 of the law on issuing legal documents in 2008 and 60 by Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulations and details of the measures enforced the law promulgated legal documents in 2008 (after This is known as Decree No. 24/2009/ND-CP) and other provisions of the relevant laws.
2. the legal text has the wide adjustment range depending on content can be the layout according to the part, chapter, section, article, paragraph, point; text has a narrow scope, the layout of the article, paragraph, point. Part, chapter, section, article is titled. No separate chapter rules on inspections, complaints, accusations, reward, processed in violation of the legal text if no new content.
3. the number, text symbols in the authority issued by the Secretary, the Chairman of the peoples Committee (hereinafter referred to as the Secretary, Chairman), specified as follows:-circular: number of text .../... (issued)/TT-UBDT;
-Circular by the peoples Committee Chair: number of text .../... (issued)/TTLT-UBDT-... (abbreviation of ministries President issued).
Article 5. The time of validity of the legal text 1. The time of validity of the legal text specified in the text but not earlier than forty-five days from the date of publication or registration issued.
2. in case of legal text regulating the enforcement measures in an emergency situation, the text to be issued timely to meet the requirements of disaster prevention, the disease can be effective from the date of publication or registration issued but must be posted directly on the electronic information Page of the Agency issued and must be reported on the news media mass; Post Gazette of the Socialist Republic of Vietnam (hereinafter referred to as The notice) at the latest after 2 (two) working days from the date of publication or registration issued.
Article 6. Post Gazette, courier, delivery, archive documents issued under the authority of the Secretary, the Chairman.
1. Documents issued under the authority of the Minister, after signing the issued be sent Post Gazette, electronic information Page of the Government, of the Committee, the Organization announced the news, on the mass media, except for the text content in State secrets.
2. Documents issued under the authority of the Minister, after signing the issued must be sent promptly to the superior state agencies, State agencies, social-political organizations relevant and competent bodies monitor, test, text processing.
3. The records and the original legal text must be stored in accordance with the law on archives.
4. The unit was delivered in text editor presiding authority issued by the Secretary, the Chairman is responsible for sending the electronic record (file) of the Office of the Commission along with the time stamp, taking the number in the letter the Committee and is responsible for the accuracy of the electronic record (file).
5. The Office of the Commission is responsible for submitting documents and electronic records (file) the legal text to the report information Page, the Government's electronic and post up the electronic information Page of the Committee, except the text contents in State secrets.
Article 7. Modify, Supplement, replace, cancel, annul or suspend the enforcement of a written authority issued by the Secretary, the Chairman.
1. Documents issued under the authority of the Minister, only to be revised, added, replaced, cancelled or abolished by a legal text by the Secretary, the Chairman issued or contact President issued or suspended the enforcement, cancelled, repealed by a text by competent State bodies.
2. the revised text, Supplement, replace, cancel, annul or suspend the enforcement of other documents must clearly identify the name, text, paragraph, text of modifications, additions, replace, cancel, annul or suspend the enforcement.
Article 8. Database of legal documents the work of the nation.
1. the legal texts in the authority issued by the Secretary, the Chairman of the legal text and relevant to peoples work by the competent State agencies issued must be built into the system and the data base the legal text on the work of the nation to serve the work of drafting , appraisal, issued legal documents and state management of activities of the Committee.
2. The Office of the Commission is responsible, in collaboration with the Centre for information and the relevant unit construction, database management legal text on the work; regularly updated, timely complement the new legal text enacting, implementing computerization and database management, mining, use.
Article 9. Responsibilities of Service legislation 1. Establishment of the draft proposed program, the plan (hereinafter referred to as the program) construction of legal texts in the field of ethnic affairs on the basis of recommendations of the unit in the Commission, the recommendations of the agencies, organizations and individuals, the Minister, the Chairman of the approval. The Organization implemented the program to build the legal text after the Secretary, the Chairman for approval.
2. Presiding over or participating in drafting legal documents as assigned by the Secretary, the Chairman.
3. Evaluation of the draft legal text in the authority issued by Secretary, Chairman.
4. Check on the legal side, records prepared for the draft legal text, the Government, led by Prime Minister chaired the drafting units before the Commission to send the Justice Department evaluation.
5. Guide the compliance with regulations on building the legal text; the urge, track construction documents; monthly, quarterly, 6 months, in the report, Minister of construction, issued text.
6. Propose to the Secretary, the Chairman of the measures to improve quality, ensure the progress of drafting, enacting legal text.
7. Chaired and coordinated with financial planning, Planning Commission annual funding spent on construction, issued, text.
Article 10. The responsibility of the subsidiary committees.
1. Unit chaired drafting a) category the legal text needs editing to suggest putting on programs, plans to build the legal text;
b) The draft Commission decision establishing the drafting Committee, the Editorial Board in the case of the editor, the editor;
c) ensure funding for the work of drafting, enacting legal documents;
d) Organization draft legal text as prescribed by law;
timely reports) and ask for the opinion of the Steering Committee of leaders in charge of the problems arising in the process of drafting: drafting progress, text supplements, taken out of the program and other content.
e) responsible to the Secretary, the Chairman of the progress, the content, the quality of the text editor.
2. a Commission Office) to perform message text includes the stamp, write, day, month, year released, save the original and send (released), issued under the authority of the text of the Secretary, the Chairman issued to agencies, relevant organizations; send the Post Gazette, the Government's information Page and of the Commission.
b) in collaboration with Service personnel and Service legislation proposed to emulate rewarded in the formulation, enactment of legal texts.
3. The unit in the Commission taking comments on draft legal text on time; responsible to the Secretary, the Chairman of comments with respect to the content of the provisions in the area of expertise of its units responsibility;
4. The Heads of units of the Committee assigned to appropriate qualified personnel do in the formulation, enactment of the legal text of the unit.
Chapter II PROGRAMMING CONSTRUCT LEGAL DOCUMENTS article 11. The program to build the legal text 1. The program to build legal documents include: a) program building laws and ordinances, resolutions of the National Assembly, the Standing Committee of the National Assembly under the term of the National Assembly (hereinafter referred to as laws and ordinances); the program building laws and ordinances every year that the Committee was assigned to preside over the drafting;

b) programme to build the Government's Decree, the decision of the Prime Minister every year as required to manage state on ethnic affairs which the Committee was assigned to preside over the drafting;
c) programme to build the legal text in the authority issued by Secretary, Chairman.
2. Set up the proposal of building laws and ordinances, and the term of the annual Congress; the Decree of the Government and the Prime Minister's decision in the field of ethnic affairs.
3. The Minister, Chairman of the construction program approved by the legal text in the scope of the Governance Committee.
Article 12. The responsibilities of the unit in preparing proposed building laws and ordinances, resolutions, decrees and decisions.
1. submit proposal: a) before Feb. 15 of the first year of the term of the National Assembly, the unit was given the Chair of building laws and Ordinances apply to suggest building laws and ordinances under the term of the National Assembly to Service legislation;
b) the slowest is 125 (one hundred and twenty-five) days before the date of March 1 of the year preceding the year of expected Congressional process, the Commission of the National Assembly, the unit was given the Chair of building laws and ordinances delivered the proposal of building laws and Ordinances annually on the basis of the program of both Congress and all the tenure law Ordinances not yet in the program to Service legislation;
c) Before 30 June of the year before the projected year of enactment, the units of the Commission submitted the proposal to build the Government's Decree, the Prime Minister's decision at the request of its governance to Service legislation.
2. recommended profiles specified in point a, b and c of paragraph 1 of this article comply with the provisions of article 4 and paragraph 1, article 15 of Decree No. 24/2009/ND-CP.
Proposed construction of the decision of the Prime Minister every year follow Annex 1 attached to this circular.
3. In addition to the laws, ordinances, resolutions, decrees, decisions by the units of the Commission directly suggest building, Service legislation proposes the text of general content, integrating text content about the work of the nation or the necessary documents required by the individual organizations recommendations according to the base and the requirement stipulated in item 2 of this Article.
4. for the proposal of building laws and ordinances, resolutions, decrees, decisions don't meets the content prescribed in clause 2 of this, then the Service legislation requires the additional units, complete the proposal.
Article 13. Established, submit the proposal of building laws and ordinances, resolutions, decrees and decisions.
1. Within a period of 20 (twenty days) from the date of expiry of the submitted proposal of building law, Ordinance, decree or decision specified in clause 1 of article 12 of this circular, the legislation created the draft recommendation of the Committee on building laws and ordinances, resolutions, decrees and decisions.
2. the Director of the legislation held the meeting with the participation of the relevant units to consider the draft proposed building laws and ordinances, resolutions, decrees and decisions; Unit heads have suggested building laws and ordinances, resolutions, decrees, decisions on the issues related to your proposal.
3. Service legislation held scientific review for the outline of the project laws and ordinances; outline of the draft resolutions, decrees and decisions in case it deems necessary.
4. Service legislation the Minister, Chairman of the construction proposal draft laws and ordinances, resolutions, decrees and decisions.
5. submit the proposal of building laws and ordinances, resolutions, decrees, decisions: a) after The approval of the Chairman, the Bureau of the Commission is responsible for submitting the proposal of building laws and ordinances, resolutions, decrees, decisions to the Ministry of Justice and the Office of the Government;
b) proposed the construction of laws and ordinances, according to the resolution of a Congressional term is sent to the Ministry of Justice, the latest is March 1st, the first year of the term of the National Assembly. The proposal of building laws and ordinances, resolutions every year are sent to the Ministry of Justice, the latest is 105 days before March 1 of the year preceding the year of expected Congressional process, the Commission of the National Assembly.
c) suggest the construction Decree, the decision is sent to the Government Office and the Ministry of Justice before 1 August of the previous year.
Article 14. The responsibilities of the unit in the proposed construction of the legal text in the authority issued by Secretary, Chairman.
1. submit a proposal) The units of the Commission created to catalogue the legal text expected construction issued in five send Service legislation, Service financial plan before 30 June of the year preceding the year of expected enactment to establish planned funding;
b) The units of the Committee expected the program to build the text issued under the authority of the Minister, submit Service legislation before 1 November of the year before the projected year issued to the Minister, Chairman;
In addition to the text by the units of the Commission, proposed direct Service legislation proposes the text of general content, integrating text content about the work of the nation or the text to be built without the unit in the Commission proposal is expected to put into the program.
2. Proposed text construction in the authority issued by the Ministry, the owner must clearly state the necessity to enact; scope of the application object, text; the Agency, the draft and chaired the agency coordinating unit; expected time of the text; expected financial resources, manpower and other resources to ensure the implementation of and to ensure conditions for drafting the text.
With respect to the proposed construction of the text does not meet the content mentioned above, the legislation requires additional units, complete.
Construction proposal template legal text specified in annex 1 attached to this circular.
Article 15. The proposal regulates the building of laws and ordinances, resolutions of the National Assembly, the Standing Committee of the National Assembly, decrees of the Government, the Prime Minister's decision.
1. In case of need for additional construction of legal texts to enact in order to meet the requirements of governance; need to adjust the time and progress, change the name, tuning range, the basic content of the text or taken out of the program for the text does not guarantee the progress and quality of drafting or not necessary to enact the assigned unit, chaired the editor send text to the report Commission charge.
2. Leader Review Committee, decide whether to propose changes. After obtaining the opinion of the Commission, the assigned unit chaired the drafting Committee, in coordination with the Office of Legal Affairs, the draft text of recommendations to the Minister, the Chairman of the review decision.
The case of petitions taken out of the program, writing petitions must be accompanied by documents stating the reason taken out of the program, direction and time resolution.
3. In the case of additional petitions, adjustment is approved, Legal Services in collaboration with the Office of the Commission sign the supplement, adjust the text construction program with the Ministry of Justice and the Office of the Government.
Article 16. Supplement, adjust the program to build the legal text in the authority issued by the Secretary, the Chairman 1. Additional base, adjust the program a) resolutions of the Congress of correction programs build laws and ordinances;
b) direction of the Government, the Prime Minister;
c) direction of the Secretary, the Chairman;
d) test results, reviewing the legal text;
DD) the situation changed practices and governance requirements of the Commission.
2. Order the additional procedure, adjust the program a) in the case of need for additional construction of legal texts to enact in order to meet the requirements of governance; need to adjust the time and progress, change the name, tuning range, the basic content of the text or taken out of the program for the text does not guarantee progress or not yet necessary to enact the assigned host unit, the editor sends suggestions about adjusting Service legislation;
b) within a period of not more than 7 (seven) working days from the date of receiving the written recommendation of the unit, the Director of the legislation making the text reported the Secretary, the Chairman of the review decision. The report must clearly state the reason, direction, time, proposed the resolution and the opinion of the Legal Service.
Article 17. Track, report the implementation of the program to build the legal text in the scope of the Governance Committee.
1. Legal Tracking Service, urge, check the unit chaired the drafting to ensure compliance with processes, construction progress, the quality of the drafting and the time limit for the legal text, periodic reports, Minister, Ministry of Justice and the Office of the Government.
2. responsibility, reporting period a) before the date of the last month of each quarter and before 15 November of the year, the unit was assigned to preside over the editor is responsible for writing reports construction progress of text send Service legislation;
b) General Legal Services, report The Chairman periodically monthly, quarterly, 6 months and a year.
Chapter III drafting, EVALUATION, ISSUED LEGAL TEXT Item 1 DRAFTING BILLS, ORDINANCES, RESOLUTIONS of the NATIONAL ASSEMBLY, the NATIONAL ASSEMBLY STANDING COMMITTEE, the DRAFT DECREE of the GOVERNMENT, the PRIME MINISTER'S DECISION of 18 Thing. The drafting Committee 1. The Authority decided to Ban ingredients, Editor, the task of the drafting Committee, the Mission of the Chief Editor, responsible for the drafting Committee and member of the drafting Committee activities are performed according to the provisions of article 30, 31, 32 and article 60 of law issued legal documents in 2008 , from article 20 to article 24 of Decree 24/2009/ND-CP and the other provisions of the law.
2. The establishment of the drafting Committee for a decision of the Prime Minister by chairing the drafting suggestions if necessary.
3. The Secretary, the Chairman of the drafting Committee's project on law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly.
Article 19. The nest Editor

1. Head of Department drafted establishing the drafting Committee to help editors make the task of the drafting Committee. National operates under the direction of Chief Editor. The mission, the composition and operation of the editor according to the provisions of article 25 of Decree No. 24/2009/ND-CP.
2. Head is editors Nest heads unit chaired drafting. National Chief is responsible for the previous Chief Editor reports on the progress and quality of work.
Article 20. the responsibility of chairing the drafting unit 1. Prepare the draft decision establishing the drafting Committee of the Commission in the case of Ministers, the Chairman of the drafting Committee decided to establish; prepare the draft decision establishing the drafting Committee Chief Editor.
2. Construction plan drafting Committee's activities; prepare the material relevant to the content of the project, draft; construction drafting plans; preparing the outline, compiled the project, according to the draft comments of the drafting Committee, as Chief Editor.
3. Responsible Leadership Committee and Chief Editor for the content, quality, and progress on the drafting of the project, the draft. Corrects, complete project, drafted under the direction of Chief Editor.
4. Promptly report and opinion of the Steering Committee of leaders and Chief Editor of new problems arise in the process of drafting.
5. the Chairman, in collaboration with the unit in the Commission to ensure that the conditions for the operation of the drafting Committee, the editor; preparing for the meeting of the drafting Committee, the editor, the workshops, the Conference about the project, draft.
6. Perform other duties as assigned by the Chief Editor.
Article 21. The organization took comments, review 1. The project, draft legal documents must be consulted the organs, organizations, individuals, objects subjected to the direct impact of the text according to the provisions of article 35, article 62, item 2 Article 67, paragraph 2 Article 68 of law issued legal documents in 2008 and article 27 paragraph 5, article 31, paragraph 4 in Article 34, paragraph 5 Article 36 of Decree 24/2009/ND-CP.
2. Depending on the nature and content of the project, draft, may hold opinions with the following form: a) held a meeting to introduce the content of the project laws and ordinances, the draft resolutions of the Assembly, the Committee of the National Assembly;
b) organized a meeting of representatives of ministries and agencies, organizations and individuals concerned; the Organization of the Conference, the feedback workshop;
c) Sent the draft legal text of the ministries, agencies, related organizations and chambers of Commerce and industry of Vietnam (if the content related to the rights and obligations of the business) to get the comments;
d) Send posted the draft text on electronic information Page of the Government or of the Committee and to identify specific content, address comments received. 3. Chaired the drafting units are responsible for preparing the Committee's leader, decide the content, the problem should please comments, suggestions discussed accompanied the project, draft.
4. Unit chaired drafted in collaboration with the responsible Government Office hosted the meeting to introduce the content of the project laws and ordinances, the draft resolutions of the Assembly, the Committee of the National Assembly.
5. The opinions of scientists, the experts made under the provisions of the mechanism to mobilize experts, scientists and people in the process of construction, issued legal documents.
6. The case of the project, draft content is complex, involving many sectors and many areas of governance and many objects made, if enacted will influence the socio-economic situation, the management activities of State, then Secretary of the drafting Committee decided to organize review opinions of scientists experts, managers. The scope of review might be some content or the entire contents of the draft.
The comments criticizing is done by organizing a meeting or contract research with scientists, experts, managers or scientific research base.
Article 22. Opinions about the project, draft legal text on electronic information Page.
1. Units of the Commission chaired the drafting in cooperation with government offices posted the draft legal text of Government (except for the text content in the secret state) up electronic information Page of the Government and in cooperation with the information centre to put the draft text onto electronic information page of the Committee to ask the opinion of institutions and individuals in time of at least 60 (sixty) days to agencies, organizations, individuals involved in comments. The draft text put up electronic information Page of the Government or of the Committee must be the draft text has been finalized after the opinion of the Steering Committee of leaders.
2. the units of the Commission chaired the editor is regularly monitored, updated opinions of the agencies, organizations, individuals with regard to the draft text on electronic information Page of the Government or of the Committee; in collaboration with the Office of the Government for receiving the comments sent through the Office of the Government; receiving the comments sent directly to the Commission; General, report, explain in full, the honest opinions of the agencies, organizations and individuals in the project, the draft legal text.
Within a period of not more than 10 (ten) working days from the date of expiry of the project opinion, draft text on electronic information Page of the Government or of the Commission, the units of the Commission chaired the drafting must complete the report explain the absorb suggestions with regard to the draft text. This is the required documents in the project, the draft text submitted to the agency evaluation and the Government.
3. Service legislation is responsible for tracking, check opinion agencies, organizations and individuals with regard to the draft legal text of the Government due to the units of the Commission chaired the drafting on electronic information Page of the Government or of the Committee; Verify that the receiving opinions of the agencies, organizations and individuals with regard to the draft legal text.
Article 23. Research, receiving comments, edit project, draft documents, the Government newspaper building, the Prime Minister 1. Units of the Commission chaired the editor responsible for synthesis, research, assimilate the opinions of the ministries, agencies, organizations and individuals concerned to complete the text, build sheets of the Government, the Prime Minister; the case does not proceed to specify the reason, explains there is a legal basis and governance practices.
2. The opinions of the ministries, agencies, organizations and individuals on the Government electronic information Page or of the Committee must be fully synthesized, honesty into the text in the draft text records the agency evaluation and the Government.
Article 24. Join the legal opinion for the project, draft.
1. After the project is complete, the draft, the units of the Commission chaired the editor to send a text, the draft project to Service legislation. Legal services is responsible for taking comments on the legal side, check the profile prepared before the Secretary, the Chairman of the project profile submission, the draft suggested the Justice Department evaluation.
2. Legal Service time for the project comments, the draft text no more than 5 (five) working days from the date of receiving the written proposal and relevant documents.    
3. within 3 (three) working days from the date of receiving the opinion of the Legal Service Unit, chaired the drafting to research, assimilate to modify, complete projects, the draft text of the Secretary, the Chairman.
With respect to these issues are also different opinions, the unit hosted the editor must explain in writing the report the Minister, Chairman of the receiving or not receiving the opinion of the Legal Service.
Article 25. Send the profile of the project, the Department of Justice recommended draft appraisal 1. The project, the draft must be the appraisal before the Government, the Prime Minister according to the provisions of article 36, article 63 of the law issued legal documents in 2008 and item 2 Article 43 of Decree No. 24/2009/ND-CP DATED. 2. The responsibility of presiding over the drafting of a) Send full regulatory appraisal records to the Ministry of Justice;
b) provides information, necessary documents related to the project, drafted at the request of the agency evaluation.
Article 26. Research, acquisition due diligence opinions, improve project, draft.
1. Unit chaired the research editor, receptive to the opinions of the evaluators to modify, improve, draft project. In case there are other opinions to the opinion of the evaluation unit in the Ministry of Justice, the Commission chaired the drafting Committee draft report timely, leader of the Committee to the Government reports, prime consideration and decision. Explanatory text about the currency, not the evaluation comments must be sent to the Ministry of Justice and the Office of the Government.
2. In the case of projects, the draft opinions to contribute, review, receiving comments evaluation but also have different opinions, the unit hosted the draft text editor to lead the Committee report and propose solutions to the Government, the Prime Minister.
Article 27. The Government, the Prime project, the draft unit chaired drafted in collaboration with legal Services, the Office of the Preparatory Committee, the draft project profile to the Secretary, the Chairman of the Government, from the Prime Minister pursuant to article 37, 38, 64 and 65 Law promulgated legal documents in 2008 and 26 32, Decree No. 24/2009/ND-CP section 2 TEXT EDITOR in LEGAL AUTHORITY ISSUED by SECRETARY of Article 28. The nest Editor 1. Depending on the nature of each type of text, the heads of the units being delivered chaired the drafting Committee of the leaders in charge of the decision establishing the editor.
2. drafting a Nest component) Chief Editor Nest is representative of the assigned unit leader chaired drafting;
b) crew members include drafting legal Services representative (in the case of Service legislation is not a unit chaired drafting) and representative bodies, the relevant units.
3. The responsibility of the head of the nest Editor

Chief Editor Nest is responsible for defining the purpose, requirements, content, scope, object to the draft legal text; directing, assignment, operating the quality assurance work drafting text and progress made.
4. The responsibility of the crew members drafted a) perform the duties related to the construction of the text as assigned by the supervisor;
b) attend the meetings and activities of the editor;
c) suggested comments relating to the content of the text and the construction of the text.
Article 29. Simple text editor host text editor is responsible for: 1. To sum up, reviews the reality the provisions of current legislation and implementation practices law; legal experience and research the information related to the content of the draft text; survey of the actual research, local, or foreign establishments.
2. Organize drafting of text according to the schedule, quality assurance; timely consultation of the Steering Committee of leaders in charge of the important content of the text.
3. Organize and conduct the research, assimilate the opinions of the agencies, organizations, individuals concerned about the draft text.
4. Modify the draft text, build sheets the Minister, Chairman, sending assessment opinion.
5. Improve the draft text after the appraisal comments.
6. Prepare the Ministers profile, sign the issued text.
Article 30. The organization took comments, review 1. The draft text must be held opinions of the object subject to the direct text and of the agencies, organizations, individuals concerned according to the provisions of the Act enacted the legal text.
2. The participants opinions on draft text to be made through the following form: a) meeting suggestions, workshops;
b) opinions in writing;
c) through electronic information Page of the Committee;
d) through organizations, associations, the Association organized opinions of the objects subject to the direct effects, text;
DD) organization claiming on the basis of contracts with agencies, organizations, research institutes, experts, scientists, managers with regard to the draft text.
3. The opinions and suggestions for the draft text be taken one or more times, apply one or more of the forms prescribed in clause 2 of this Thing.
4. Profile send a poll) dispatch posted opinions, stating the problem should please comments;
b) draft legal text;
c) A presentation of the basic content of the draft, stating the purpose, reason, the need to enact text; practical requirements, the legal basis of issued documents; object, scope; These new relationships need adjusting; the other necessary contents and expected legal documents or the terms of the legal text needs to modify, Supplement, replace or out effect;
d) other documents relating to the content of the draft.
5. The text of the proposal to contribute comments and the draft text must be sent to the Organization, personal opinions taking at least 3 (three) working days before the meeting, the seminar if the proposed units, individuals contributed comments at the Conference, seminar, except for drafting the text in case of an emergency.
6. The opinions of scientists, the experts made under the provisions of the mechanism to mobilize experts, scientists and people in the process of construction, issued legal documents.
Article 31. The Agency's responsibility, proposed coordinating unit contributed comments 1. The Agency, the relevant unit in the Committee of the receipt of the proposal involved suggestions comments or participate in the meeting, the seminar discussed the draft text issued under the authority of the Minister responsible, and research organizations participated in the written opinion or election of officers fully participating in the meeting , the workshop.
2. in case of written opinions, the agency recommended units involved comments are answered in writing within a period of 5 (five) working days since the date of record and is responsible for the quality of the comments text. the duration on which no opinion answers shall be considered as the Agency Unit, agreed with the content of the draft text, at the same time responsible to the Secretary, the Chairman of the content related to the Agency.
Article 32. Research, receiving comments, corrects the draft text, build sheets of the Secretary, the Chairman.
1. Unit leader chaired the drafting and the editor responsible for synthesis, research, receiving comments to complete text, build sheets the Minister, Chairman of the draft text.
2. The acquiring of comments must be in writing, a detailed explanation of the problem, not with regard to the draft text.
3. With regard to the case of the organization please join the Agency's opinion, the relevant units in the form of direct discussions on the draft text, the unit hosted the editor or the editor is responsible for recording the minutes of the meeting to send a draft text.
4. With regard to the problems still have different opinions, the unit was given the host and editor editor must research, General, specific explanation in the course of the Secretary, the Chairman, stating his views on the issue are also different opinions and directions to resolve the comments attached to the participation of the agencies , the relevant units.
5. Papers on the draft text must clearly state the necessity to enact adjustment range, text, objects, the basic content, these issues are also different opinions, opinion matters. The sheet template specified in Appendix 3 attached to this circular.  
Article 33. Evaluation profile 1. Evaluation records include: a) The suggested evaluation as specified in Appendix 2 attached to this circular;
b) Draft Documents the Minister, Chairman of the Executive Board of the text;
c) draft text (draft final);
d) A general opinion of the Agency, units, organizations and individuals on the draft text and a copy of the opinion of the unit, organization or individual;
e) other materials (if any).
2. With regard to the draft text of rules of procedure, legal and technical-economic norms, these types of categories according to the regulations, in addition to the documents prescribed in paragraph 1 of this article, the file must have the written evaluation comments of the unit was assigned to the Ministry responsible for the evaluation of the professional content of the draft.
3. Unit chaired drafting is responsible for sending the application appraisal to Service legislation or authority to appraise.
Article 34. Verify the text 1. The draft text must be legal Service authority or legal assessment before the Minister, Chairman, issued.
2. Content of the evaluation a) the need to enact text, objects, the scope of the draft text;
b) the suitability of the content of the draft text to the way, the party's policies and guidelines;
c) constitutionality, legality and consistency of the text with the legal system;
d) feasibility of the draft text, including conformity between the provisions of the draft with actual requirements, the level of social development and ensure the conditions to perform;
DD) compliance procedures and the drafting process;
e) language, technical text editor.
3. The time limit for the evaluation is the evaluation period a) 7 (seven) working days from the date of Service or legal authority to receive adequate assessment records according to the provisions of article 33 of this circular;
b) where evaluation profile missing one of the documents stipulated in article 33 of this circular, the legislation or authority requires the unit chaired drafted immediately after the receipt of the record and suggested the unit chaired drafting complementary profiles. Evaluation time will be counted from the date of Service or legal authority getting enough valid records;
c) in the case of text content and nature complex, need opinions involved the appraisal, the appraisal period is extended, but must not exceed 10 (ten) working days.
4. The case after receiving a profile assessment considers the text content is not yet satisfactory, the legislation or the authority to recommend the unit chaired drafting adjustments, improve the draft text.
5. evaluation results must be made in writing in accordance with Appendix 3 attached to this circular.
6. legal value of a valuation opinion) the opinion must be evaluation unit chaired drafting research, acquire to improve the text and explanation in the Minister, Chairman;
b) valuation opinion is grounded to the Secretary, the Chairman of the review, the decision, issued in writing.
Article 35. Responsible for evaluation 1. Legal services is responsible for evaluation of the draft legal text, unless the evaluation through authority prescribed in clause 2 of this Thing.
2. The Secretary, the Chairman decided to establish authority when it deems necessary to verify for the draft text by the Legal Service Legal Affairs chaired the drafting or writing properties and content complexity, involving many objects made, if enacted will influence the socio-economic situation State management activities, due to the other unit chaired the drafting as proposed by the Director of Legal Affairs.
Chaired the drafting units are responsible for ensuring the conditions for the operation of the authority.
Article 36. Organize the evaluation of Service legislation 1. The evaluation must ensure objectivity, independence 2. When it deems necessary, the legislation held opinions involved the evaluation under the following form a) Submitted evaluation profile comments, individual units concerned;
b) in coordination with the unit chaired the meeting Organization drafting opinions involved the appraisal with the units and individuals concerned. The content of the meeting must be recorded in the minutes of the meeting.
3. The Heads of the unit is recommended to coordinate the evaluation of research organizations are responsible for the draft text and submitted comments join the appraisal in writing to Service legislation at the latest is 3 (three) working days from the receipt of the appraisal records by the legislation.

4. In the process of due diligence, Legal Services Unit are required to provide additional drafting Chair information, relevant documents or presentations on issues related to the clarification of the content of the draft.
Article 37. Authority 1. Established authority a) cases necessary to establish authority as determined by the Minister, to assess with respect to the draft text by the Legal Affairs chaired the drafting, Service personnel are responsible for the draft decision to establish the evaluation Council of Ministers , Chairman;
b) with regard to the draft text and the nature of the content is complex, involving many objects made, if enacted will influence the socio-economic situation, the State Management Service legislation suggest that the Secretary, the Chairman decided to establish authority. Director of Legal Affairs is responsible for the draft decision to establish the evaluation Council of Ministers, the Chairman.
2. The composition of the assessment board a) authority including the Chairman, the Secretary and members of the Council are representatives of the units of the Commission relevant to the content of the appraisal. Experts, scientists may be invited to participate as a member of Council of the appraisal;
b) Authority include at least 7 (seven) and must be odd;
3. Authority operating under the principles of collective, by majority voting. Authority to terminate the operation and self-dissolution after the text has been sent to the unit, the authorized person.
Article 38. Organize the evaluation of authority 1. Within 5 (five) working days from the date of receiving the application appraisal, Chairman of the authority is responsible for submitting the records appraisal for each Member of the Council and organized evaluation board meeting.
2. The meeting of the Council of the evaluation be conducted only in case of presence of at least 2/3 (two thirds) of the total membership of the Council. In the case that could not attend the meeting, Board members must submit their evaluation comments in writing to the President of the Council.
3. The order of conducting the meeting evaluation a) Chairman claimed the reason for the meeting, announced the decision to establish the Council and stated requirements discussed;
b) unit leader representative chairing the Editor presents the content of the draft; provide the information related to the draft and stated the issues also have different opinions about the draft;
c) discussion board members;
d) Secretary of the Council read the opinion of the assessment Board members absent;
DD) Council voted on each issue. These comments are too half the total number of Board members present for approval shall be considered the opinion of the Council. In case of equal voting, the decision in the opinion of the President of the Council.
4. The secretariat of the Council are responsible for recording the minutes of the meeting of the authority. The minutes must record full of opinions at the meeting, these issues have not been unanimous Council must also be clearly in the minutes and must be signed by the Chairman and Secretary of the Council.
5. within 3 (three) working days from the end date of the meeting of the Council, on the basis of the minutes of the meeting of the Board and based on the content of the evaluation, the Secretariat of the Council are responsible for the draft text of the Chairman of the appraisal dealership unit chaired drafting.
Article 39. Research, acquire complete appraisal, comments on the draft.
1. Comments of the Evaluation Service legislation or authority is sent to the unit chaired drafting to research, acquire.
2. within 5 (five) working days from the date of receiving the opinion, evaluation unit chaired drafting to research, acquire comments evaluation to modify, finalize the draft text of the Secretary, the Chairman.
3. where there are different opinions among the unit chaired drafting and opinion, the evaluation unit chaired drafting must explain in full detail on receiving or not receiving comments in the assessment process of the Secretary, the Chairman.
Article 40. The Ministers profile, Chairman of the Ministers profile, including: 1. the Minister, Chairman of the Newspaper about the draft text after receiving comments evaluation.
2. The draft text has been justified after evaluation comments.
3. A synthesis of the opinions of the agencies, units, organizations and individuals on the draft text; the text of the content evaluation expertise with respect to the draft text of rules of procedure, rule violations, the technical-economic norms, these types of categories as defined.
4. evaluation of the text Service or legal authority.
5. Prize report receiving comments evaluation.
6. other relevant documents (if any).
Article 41. Responsible for signing the text issued 1. Chaired the drafting unit is responsible for preparing the records Secretary, signed the issued text.
2. The Office of the Commission is responsible for receiving, inspecting, reviewing the form, manner, presentation techniques.
3. where the records are incomplete, complete or draft text errors on the form, manner, presenting techniques need to modify before the Secretary, the Chairman, the Committee sent back office unit chaired drafting and requires the complete unit.
Article 42. Drafting, enacting legal documents President 1. Ethnic Committee and the coordinating agency issued a written legal agreement to a joint agency is responsible for presiding over the construction of the text, and assigned to a unit in the Agency as responsible for coordinating the construction of the text.
2. The case of the ethnic Committee presided over the Agency's building, issued the text is made as follows: a) units of the ethnic Committee is assigned as the host is responsible for coordination with the focal unit in the coordination agency issued legal documents draft joint decision establishing text editor. Chief Editor Nest is representative of leaders in ethnic Committee unit was assigned as unit chaired; crew members edited the competent representative of the coordination agency issued written and the units of the relevant peoples Committee;
b) Minister, the Chairman of the Commission decision establishing ethnic Editor;
c) the responsibility of the Chief Editor of nest, the nest members drafted according to the provisions in clause 3 and clause 4 Article 28 of this circular;
d) Legal Affairs chaired the Organization, in cooperation with the Agency's legal Council issued a written evaluation of the draft circular;
DD) units of the ethnic Committee is assigned as the host is responsible for researching, acquiring evaluation comments to draft and complete records prior to submission to the Minister, Chairman, heads co-sign.
3. The case is assigned to ethnic Committee is the body coordinating the drafting of the implementation are as follows: a) If the content of the text related to the field so the unit would take charge of the unit that is responsible for making the clue in coordination with the Agency chaired drafting in the drafting process.
b) Service legislation in cooperation with the Agency's legal organization chaired drafting appraisal the draft circular.
c) unit is The delivery made the clue to coordinate draft circular is responsible for researching, acquiring evaluation comments to draft and complete records prior to submission to the Minister, Chairman, heads the Agency chaired drafting co-sign.
4. Agencies, units responsible for presiding over the construction of the text prescribed in paragraph 1 of this article the responsible contact President text release.
43 things. Revised text 1. Legal text after it is issued, Post Gazette if found to have flaws, they must be revised as follows: a) If errors are the responsibility of the Commission, the units of the Commission chaired the drafting to prepare revised text the Commission to submit the relevant agencies and the revised text was incorrect.
The revised are shown by a decision of the Minister, Chairman. The first part of the decision revised to scored the inscription: "snap decision (text) of the ... day ... month ... year ... of the peoples Committee";
b) If errors are the responsibility of The Agency, the Office of the Commission is responsible for preparing the text of the Secretary, the Chairman suggested the Government Office sign has changed text.
2. The revised legal text is based on the collation with the original text and do not alter the content of the provisions in the original text. The only fix for typos or errors on the form, the technique presented legal text. The fix does not apply to those errors on the base, the authority, the content of the legal texts.
In the case of legal texts make mistakes about the jurisdiction, the content, the legal text which will be enforced and processed promptly under the provisions of the law.
Chapter IV IMPLEMENTATION Article 44. Funding for the formulation, appraisal, issued legal documents 1. Funding for the formulation, appraisal, issued legal documents by the Commission budget and mobilized from other sources (aid, funding of organizations and individuals in and outside the country).
Every year the Commission (financial planning Services) private funding source layout ensures the formulation and promulgation of the legal text. For these projects, the draft legal text built irregularly at the request of the Government, the Prime Minister, and the Chairman, financial-planning Service is responsible for recommending additional, timely funding for the unit chaired drafting.
2. Every year, the Service plans-financial responsibility of presiding, in collaboration with legal Services, the Office of the Commission arranged funding from science careers, basic investigation for research, survey, Census judged to proposals, build the legal text to ensure computer science and practices in building , issued and implemented the legal text.
Every year, the legislation in cooperation with the international cooperation Department created the expected category text needs support and to seek support for the building of the legal text.

3. Funding for the formulation, appraisal, issued the legal text is spent on the following: a) proposed research building text;
b) expected the program to build Up the text;
c) investigation, research, survey in the text editor;
d) text editor;
DD) reviews the impact of the text;
c) held opinions about the project, the draft text;
g) suggestions, project appraisal, the draft text;
h) reviewing, serving for construction of text i) translate the text out, foreign language, ethnic minority.
4. Service legislation, General, annual funding plan for construction, issued legal documents, in collaboration with the Service plan – the Minister of finance, Chairman of the decision.
5. Use the funding source a) funding spent on construction, issued legal documents made under the provisions of current legislation;
b) the use and management of other funding sources such as aid, funding of organizations and individuals in the country and abroad perform under the provisions of the law on the use and management of aid funding, sponsorship and donor regulations.
Article 45. Effective enforcement of this circular are enforceable after forty-five days from the date of signing and replaces decision No 2/2007/QD-BTM DATED, November 4/6/2007 of the Secretary, the Chairman issued a regulation drafting, evaluation, issued the legal texts of the Commission.
Article 46. Implementation 1. Director of Legal Affairs monitor, examine the implementation of this circular.
2. The Heads of the units of the Commission responsible for organizing the implementation of this circular in his unit.
3. The unit, officers, public servants, members of the Committee when the text in the field of ethnic work with content that is unlawful, inconsistent, overlapping or no longer fit the situation of socio-economic development and state management requirements, have the responsibility to reflect promptly with the Committee leadership , Director of Legal Affairs, heads of unit have presided over the drafting of the text.
4. in the implementation process, if there are difficulties and obstacles, the unit, officers, public servants, officers reflect on timely legal Services to the Secretary General, the Chairman of the review decision.