Circular 16/2009/tt-Bgtvt: Regulations On Drafting, Evaluation, Issued, Scrutinize, Systematics, Checking And Processing Legal Documents On Transport

Original Language Title: Thông tư 16/2009/TT-BGTVT: Quy định về soạn thảo, thẩm định, ban hành, rà soát, hệ thống hóa, kiểm tra và xử lý văn bản quy phạm pháp luật về Giao thông vận tải

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CIRCULAR regulations on drafting, evaluation, issued, scrutinize, systematics, checking and processing legal documents of transportation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing legal documents;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 122/2004/ND-CP dated 18 May 2004 of the Government functions, tasks, powers and organization of the Ministry of Legal Affairs, ministerial-level agencies, government agencies, specialized agencies in the people's committees of provinces and cities under central and State enterprises;
The Minister of transportation regulations on drafting, evaluation, issued, scrutinize, systematics, checking and processing legal documents about transportation as follows: Chapter 1.
GENERAL PROVISIONS article 1. Scope this circular regulates the procedures in the following: 1. Set the program to build the legal texts on transport (hereinafter referred to as the legal text);
2. Drafting, evaluation, issued, scrutinize, codified the legal text;
3. Examine and handle the legal text, the text contains legal but not issued by forms of legal text or because the Agency does not have jurisdiction to enact legal text enacted (hereinafter referred to as the examination and processing of legal documents) article 2. The object that applies to this circular apply to agencies, organizations, individuals related to the establishment of the program construction, drafting, evaluation, issued, scrutinize, systematics, checking and processing of legal documents.
Article 3. Legal documents 1. The legal text is the full text of the following elements: a) issued by the State agency or the coordinating issued under the authority of, the form, the sequence, the procedure prescribed by law;
b) contains the General rules, in effect forcing the State, ensuring common implementation to adjust the social relations.
2. the text of the legal provisions in this circular includes: a) law, Ordinance, resolution by the Ministry of transportation presided over the drafting process of the Government to the Government of the Congress, the Standing Committee of the National Assembly;
b) Decree, the decision by the Ministry of transportation presided over drafting to the Government, the Prime Minister issued: c) the circular of the Minister of transport;
d) circular between Ministry of transport with the Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy;
DD) legal texts by the Ministers, heads of other ministerial councils, and provincial people's Committee issued related to transportation;
3. The content of the circular by the Minister of transport issued include: a) detailing the implementation of the law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the orders, the decision of the President, the Government's Decree, the decision of the Prime Minister;
b) regulations regarding processes, technical standards, technical-economic norms of the transportation sector;
c) prescribing measures to implement state management functions on transportation and other issues by the Government.
4. The administrative documents by the competent State agencies issued but did not have enough of the elements specified in paragraph 1 of this article shall not be legal texts, in particular: a) the resolution of the Government to decide the matter on the task, steering solutions , operator of social-economic development in each period; program approval, the scheme; validating the election unit and the number of deputies to the provincial people's Council, the central cities; the program builds the Decree; adjust the boundaries of administrative units at district level, the social level; validating the election results the members of provincial people's committees and other similar issues.
b) Prime Minister's decision on the approval of the program, the project; delivery of social-economic indicators for the Agency, unit; establishment of the University; establishment of the Steering Committee, the Council, the Provisional Committee to perform tasks in a defined time; Awards, discipline, activity; appointment, dismissal, resignation, resignation, temporarily suspended the work of officers, civil servants and about the same issues.
c) Prime Minister's directive to urge the implementation of the law, the legal text.
d) decision, the Minister's directive on the approval of the program, the project; approval of the Charter of the society, non-governmental organizations; adjustment of internal operational regulations of the Agency, unit; launching the emulation; Administrative Executive, Director; the urge, to check the implementation of the law, the legal text and the same problems.
5. The text of the guidelines the Department does not have the elements of the legal text the provisions in clause 1 of this article and not be left to the legal text.
Article 4. Set the program to build the legal text 1. Every year, the Service, the Office of the Ombudsman, the Ministry (hereinafter referred to as Service); the General Directorate, Department, Institute, school, Centre for information technologies (hereinafter referred to as the Department); businesses and other organizations, agencies of the Ministry based its mission, functions and practical requirements to propose building the legal text the following year, the Ministry of transportation (through the Service legislation) on time as follows: a) before 1 February for the project of law of the National Assembly Ordinances of the Standing Committee of the National Assembly;
b) before 1 July for the Decree of the Government, the decision of the Prime Minister;
c) before 1 October for the circular of the Minister;
Records suggest construction of legal documents as prescribed in article 5 of this circular.
2. Agencies, organizations, individuals not subject to the provisions in clause 1 of this article has the right to propose building the legal text to send the Ministry of transportation to review the decision.
3. The Agency, in The organization before submitting The proposed building laws and ordinances, decrees are held opinions of organizations and individuals involved in the industry for building law, Ordinance, Decree; upload a presentation of recommends building laws and ordinances, decrees and report preliminary impact assessment of the text on the page, the Agency's electronic information, organizing themselves in time of at least 20 days to the agencies, organizations, individuals involved in comments; hosted, in collaboration with agencies, organizations involved in research, improve the profile suggested building laws and ordinances, the Decree on the basis of the comments and suggestions. Legal services is responsible for: a) presiding, in collaboration with agencies, related organizations, evaluation of the proposal to build the legal text of the agencies, organizations and individuals; the first opinion.
b) presiding, in cooperation with the Agency, perfecting the related organization records suggest construction law, Ordinance, Decree (unless a decree detailing implementation of laws, resolutions of the National Assembly; the Ordinance, the resolution of the Standing Committee of the National Assembly; the order decided by the President) to the Minister signed the text of the opinion on the reasonableness of the source Finance expected, Interior Ministry opinion on the reasonableness of the expected manpower.
c) presiding, in cooperation with the relevant organizations, organs modify, complete records to the Minister signed the text of the proposal of building laws and ordinances delivered justice before 1 March, of the first term of the Parliament (for the record suggest building laws and ordinances under the term of the National Assembly) or least 105 days before March of the year before the expected Congress, Standing Committee of the National Assembly (for the record suggest building laws and Ordinances annually on the basis of the program of both the Congressional term) or least 105 days before March of the year before the year the expected process of Congress, the National Assembly Standing Committee (for the record suggested the construction of law Ordinance every year that it's not in the program of the Congress term) d) presided, in cooperation with the relevant organizations, organs modify, complete records to the Minister signed the dispatch recommended the construction Decree sent to government offices and the Ministry of Justice before 1 August of the previous year.
DD) hosted, in cooperation with the relevant organizations, organs established scheduled building programs legal documents of the Ministry of transportation (hereinafter referred to as the programme), the Minister issued the decision to enact the program, which assigned to the Deputy Minister in charge of the direct Agency, text editor , Chief of the Agency, agency collaboration, time, time.
5. The case due to regulatory requirements need to enact legal texts not in the program, agencies, organizations, individuals send record suggest (via Service legislation) to supplement the program. The records suggested the program carried out under the provisions of article 5 of this circular. Legal services is responsible for the research, advised The leadership review, Supplement program.
6. in case of need to change the program, within a period of 30 days from the time according to the program, the Agency drafted and the Chief agency for comments, submit The proposal text (through the Service and The Office of Legal Affairs) program changes. Suggested text content changes the program must clearly state the reason and suggest specific solutions. Legal services is responsible for the research, comments about changing the program.
Article 5. Records suggest construction of legal text records suggest construction of legal documents of the Agency, held to the provisions in clause 1 of article 4 of this circular includes:

1. A presentation on the proposed construction of the legal text.
A presentation of recommends the construction normative laws must clearly state the following: a) for a presentation of recommends building laws and ordinances must clearly state the name of the text; the need to enact text; the object, scope, the main content of the text; the basic policy of the text and objectives of the policy, the solution is to implement the policy, the positive effects, negative of the policy; projected resources, ensure conditions for drafting the text; direction the drafting process and has prepared for the draft.
b) for a presentation about the proposed construction of the Decree, the circular must clearly state the name of the text, the base, the need to enact text, subject, scope, the main content of the text; the basic policy of the text and the base text issued priority.
2. The report preliminary impact assessment (for the proposed building laws and ordinances, decrees). The content report preliminary impact assessment as specified in article 18 of this circular.
3. A projected direct agency drafted, Chief of the Agency, agency collaboration, Vice Minister in charge of the Agency, issued, the time (according to each level), time;
4. General comments of the agencies, organizations and individuals, for a presentation of recommends building laws and ordinances, decrees and the Agency's opinion, related organizations (drafted, Chief of the Agency, the Agency for coordination).
Article 6. The legal base, the formula and techniques presented legal texts by the Minister issued 1. Pursuant to the law, Parliament's resolutions, ordinances, resolutions of the Standing Committee of the National Assembly, the orders, the decision of the President, the Government's Decree, the decision of the Prime Minister, the Minister of transport issued the circular or along the Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court Director, the Supreme People's Procuratorate issued a joint circular.
2. Form and text presentation technique done as specified in appendices 1, 2, 3, 4 of this circular and use the Vietnamese Unicode characters codes, TCVN 6909:2001.
3. the legal texts by the Minister in the prescribed form issued by the Appendix 3 and Appendix 4 of this circular, are numbered according to year and write the symbol for each type of text according to the following rules: a) Circular No.:/200. /TT-BGTVT;
b) Circular No.:/200.../TTLT/BGTVT-B... Article 7. The authority issued or signed the draft legal text 1. The Minister signed the promulgation of legal documents specified in points c and d of article 3 clause 2 of this circular, signed the Papers the Government, Prime Minister the draft legal text specified in point a and point b paragraph 2 of article 3 of this circular.
2. in case of the absence of the Minister, the Minister delegated to the Deputy Minister by sector was assigned in charge of signing the documents defined in paragraph 1 of this article.
Article 8. Construction funding, review, system, checking and processing legal documents 1. Construction funding, review, system, test, handle legal text due to the State budget, is the General estimation in funding the Agency's operations, the organization. The expense of building the legal text includes funding to implement the following activities: 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;
e) held opinions about the project, the draft text;
g) suggestions, project appraisal, the draft text;
h) review, the writing system, French legal dictionary;
I) translate the text out, foreign language, ethnic minorities;
k) check, text processing;
l) tracking, reviews the enforcement documents.
2. annual plan: a) the base plans to build legal text of his agency and the current mode, the text editor directly (Directorate, Service), in collaboration with the Chief of the construction documents for the funding plan construction legal text , popular education, the law, review, system, checking and processing of legal documents.
b) Before June 10 every year, the Directorate, the Service sends the plan funding for the legal text, popular education, the law, review, system, checking and processing legal documents to Financial Services and Legal Services, and General in the annual budget plan of his agency sent The (for the Service) or Send The Office (for the Service).
3. cost estimation base building, popular education, the law, review, system, checking and processing legal documents have been approved by the Transport Ministry after the opinion of the Ministry of finance, Financial Services, Legal Services, in coordination with the Chief Minister is expected to allocate the funding estimates for the Agency , organization.
Particularly for the circular of the Minister, the Agency drafted directly proportional in the regular annual spending estimates are the Ministry of transport and distribution (including costs, the Chief Editor and text evaluation).
4. Costs for construction, review, system, test, handle legal documents follow the guidelines of the Ministry of Justice, the Ministry of finance and the Office of the Government.
5. Financial Services has the responsibility of presiding, in cooperation with the competent financial authorities to grant enough, time of construction funding, review, system, test, handle legal text.
6. Agencies, organizations involved to build legal text used the funding support from the project, of the organizations and individuals in the country and abroad in accordance with the law to added to the expense of building the legal text and improve the legal system.
7. The payment, settlement construction funds, popular education, the law, review, system, checking and processing legal documents made under current rules.
Article 9. The responsibility of the head of the Agency directly text editor and Chief of the draft legal text 1. The Minister is responsible for the content, quality, and progress on the draft text.
2. Hosted, in cooperation with relevant organizations, to prepare the draft text of the detailed rules, instructions executed (if any).
3. The report (through Service legislation, The Office) by text or e-mail messages about the progress of drafting the legal documents on 25 months to Service legislation, The Office gathered, reported at the meeting of the Committee.
Article 10. Report on the work of drafting, enacting legal text.
1. Quarterly Service legislation is responsible for General, the leader of the situation report, construction progress and difficulties in the process of building the draft laws and ordinances, the decree by the Ministry of transportation presided over drafting sent the Ministry of Justice (for the Bills, ordinances) and sent to the Office of the Government (for the draft decree).
2. Every year, the legislation is responsible for General, the leader of The draft report of the work of drafting, enacting legal documents of the Ministry of Justice, The Office sent simultaneously to enter the draft synthesis report of the implementation of the work programme of the Government Ministers checked Government offices.
Chapter 2.
DRAFTING LEGAL DOCUMENTS article 11. Direct agency draft legal text direct agency drafted legal documents include: direct Service, Bureau drafted legal documents related to the functions and tasks of the Agency, its organization according to assigned by the Minister.
Article 12. The agency advised the draft legal text 1. The draft legal text must through the Agency staff was assigned to the Minister.
2. The agency advised the Minister of the draft legal text covering the Service, Department of construction management and engineering quality and medical transportation Bureau, assigned according to the following rules: a) Service legislation: bills, ordinances and resolutions of Parliament , The National Assembly Standing Committee on transportation, the Decree, the decision of the Government, the Prime Minister's circular, about the transportation Ministry as leaders;
b) investment planning: legal texts on strategy, development of the industry, the work of planning, investment, production and export in the field of transport;
c) Service personnel: legal text on the functions, duties, powers and organizational structure of the Ministry, the institutions subordinated to the Ministry; training, training civil servants and human resources; Labor, wages and the regime, policies for workers; the work of emulation, rewarded in the transportation industry;
d) transport: legal texts about transport, transportation services, security, cooperatives in the field of transport;
DD) Service Science-Technology: legal writing about science, technology, industry, management of the quality of the goods transport sector; processes, industrial safety engineering;
e) Financial Services: legal texts in the field of financial, management and use of State assets in the transportation industry;
g) international cooperation: legal texts in the field of international cooperation on transport;
h) Service transport infrastructure: legal texts on the management of transport infrastructure;
I) Service environment: legal texts on the protection of the environment, energy use and efficiency savings in the field of transport;
k) Service traffic safety: legal texts on traffic safety;
l) Inspector: legal texts on inspection, complain, report in the field of transport;
m) Office: legal text on the regulation of the work of the Ministry of transportation, the clerical, archive;

n) construction management Bureau and traffic quality: legal documents on management of construction and traffic quality; occupational safety in construction traffic;
o) medical transportation Bureau: the legal text on labor hygiene and health standards of transport operators, workers in specific sectors of the transportation industry.
3). In addition to the provisions in paragraph 2 of this article, the responsible staff Agency advised the Minister of the draft legal text regulating the liability and violation processing for agencies, organizations, individuals are related to transportation activities by sector is assigned and the other legal texts are assigned Minister.
Article 13. Established Editor, Editorial Board, drawn 1. The agency advised the texts hosted, in collaboration with the Agency directly text editor and Service the Minister signed the legislation establishing the drafting Committee decision, the editorial project of law, ordinances, decrees.
2. where necessary, the agency advised the texts hosted, in collaboration with the Agency directly text editor and legal process Service leaders of the Ministry in charge of sign decision establishing draft circular of the Minister.
3. The composition, functioning principle, the responsibility of the editor, the Editorial Board, the framers made according to the provisions of articles 20, 21, 22, 23, 24 and 25 of Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text.
Article 14. The order of drafting the legal documents 1. Direct Agency organized text summarizing implementation of the law; survey, evaluate the reality of social relations; information, research material relevant to the contents of the draft text; impact evaluation before the text editor (for projects of laws, ordinances, decrees) according to the provisions of article 18 of this circular; organize text editor and send the draft legal text to join the opinion of the subject to the object directly by writing, bodies, organizations, individuals in the industry and the professional associations concerned transport (by text, e-mail, or other appropriate forms). Depending on the nature and content of each text to specified response times, but at least 7 working days from the date of receiving the proposal please comments. After the allotted time, agencies, organizations, individuals are asked comments no comments join then regarded as agreed with the draft text, except in the case of agencies, organizations and individuals that have a good reason and have direct authority to inform the drafting of the text.
2. in case of direct agency drafting the text is: after the implementation of the provisions of paragraph 1 of this article, direct writing Bureau research, assimilate the opinions involved and corrects the draft legal text for submission to the Ministry.
3. in case of direct Agency text editor and Chief agency: after the implementation of the provisions of paragraph 1 of this article, the Agency direct general staff drafted the text research, assimilate the opinions involved, modify the draft text and perform as specified in paragraph 2 of article 16 of this circular.
Article 15. Program profile The draft legal text by directly editing the 1. With regard to the draft legal text of the Government, the Prime Minister, The program records include: a) The text of the Bureau The draft legal text;
b) draft the Government Newspaper, the Prime Minister (in the form prescribed in annex 5 of this circular) stating the need, scope, application objects, the process of drafting, the content of the text, the problems are also different opinions, references;
c) draft legal text was modify after receiving the opinion of the Agency, participating organizations and individuals involved in the industry;
d) text draft detailed rules, instructions executed (if any);
DD) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text (accompanied by a explanation about receiving comments and a copy of the comments);
e) A detailed presentation of the project, the draft impact assessment report and prior to drafting the text according to the provisions of article 18 of this circular.
2. With regard to the draft legal text, the Minister issued, The program records include: a) the Bureau's set of recommendations issued legal text, which stated the need to enact adjustment range, text, objects, the process of drafting the content of the text, the problems are also different opinions, references;
b) draft legal text was modify after receiving the opinion of the Agency, participating organizations and individuals involved in the industry;
c) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text (accompanied by a explanation about receiving comments and a copy of the comments).
Article 16. The sequence of receiving records and modify the draft legal text by directly editing the writing process of The 1. When the Bureau directly editing the process of The draft legal text, The leaders assigned to the Chief of the draft text as defined in article 12 of this circular.
2. the Chief authority was entrusted with the draft text made according to the following rules: a) the slowest is 5 working days from the date assigned, the agency advised to submit comments please join for the draft legal text as specified in this clause unless there are justifiable reasons and be The leader agree. b) with respect to the draft legal text of the Government, the Prime Minister: send information technology centre to draft legal documents to be posted on electronic information Page of the Ministry of transportation for at least 60 days before the signing of the text; send the information technology center, the report reviews the impact before the drafting of the text to be posted on electronic information Page of the Ministry of transportation at least 30 days before the signing of the text; Please join the opinion of the Agency on the other staff related (by text, e-mail, or other appropriate forms); receiving comments, corrects the draft text and the report is assigned to the Deputy Minister in charge of to submit comments, please join the text of the ministries, the provincial people's Committee, Vietnam Chamber of Commerce and industry, professional associations of transport (for the draft text relating to the rights and obligations of the enterprise); General comments participants, collect, modify the draft text; acquire, modify the report reviews the impact before writing the report reviews the impact of the process of drafting the text; send Service assessment legislation; General profile send a Justice Department evaluation.
c) records sent the ministries, provincial people's Committee, Vietnam Chamber of Commerce and industry including:-draft Documents;
-The report reviews the impact of the draft text;
-The draft legal text.
The time limit for the ministries, provincial people's Committee, Vietnam Chamber of Commerce and industry participated in the written opinion of a maximum of 20 working days from the date of receiving the project, draft law, Ordinance, Decree.
d) with respect to the draft legal text in the authority issued by Secretary: send information technology centre to draft legal documents to be posted on electronic information Page of the Ministry of transportation for at least 60 days before the signing of the text; Please join the opinion of the other Chief agency involved; receiving comments, corrects the draft text and the report is assigned to the Deputy Minister in charge to join opinion of agencies, organizations and individuals outside the transportation industry (if necessary); receiving comments, corrects the draft text; send Service valuation legislation.
DD) at the latest after 10 working days from the date of receiving the draft legal texts by the Chairman of the Agency, the Center for information technology is responsible for posting on the electronic information Page of the Ministry of transportation and design the path to the Agency Chief can get feedback and opinions of the Agency organizations and individuals sent on.
Article 17. The report reviews the impact of the text 1. The report reviews the impact of documents include: a) reported preliminary impact assessment of the text;
b) impact assessment reports before drafting the text;
c) impact assessment report in the text editor (including impact evaluation reports evaluation reports and simple full impact);
d) impact evaluation report after the execution of the text;
2. The task of building the report reviews the impact of the text: a) Agency, the Organization of the Ministry has proposed the construction of laws and ordinances, decrees are responsible for implementing the report preliminary impact assessment of the text;
b the Chief agency) is responsible for chairing, in collaboration with the Agency directly drafted to conduct the impact assessment prior to and during the drafting of the text;
c) agency directly responsible for drafting, in cooperation with the Chief of the Agency to conduct the impact assessment report after the execution of documents under the provisions of the law.
3. the content of the report reviews the impact of the text a) reported preliminary impact assessment of writing: must specify the issue to be addressed and the objectives of the intended policy, to solve that problem; Choose the optimal approach to solve the problem on the basis of the impact assessment of economic, social, environment, legal system, the impact on the fundamental rights and duties of citizens, the Agency's compliance capabilities, organizations, individuals and other impacts.
b) impact assessment reports before drafting the text and impact assessment report in the text editor:

The impact assessment report-simple: must specify the issue to be addressed and the objective 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 of each solution. 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.
-Report reviews the full impact: in addition to the contents specified in point b of this clause are qualitative and quantitative analysis of the impacts. To build a report assessing the full impact when results for the simple impact assessment see: text can give rise to cost between 15 billion annually and over to the State, agency, organization or business, personal; text can have a significant negative impact on the target groups in society; text can affect a large number of enterprises; text can significantly increase consumer prices; the text also many different opinions, is the public interest and have a significant influence on common interests.
4. The report preliminary impact assessment of writing must be signed when Ministers send suggested text construction; The report reviews the impact of the process of drafting the text must be signed when Ministers send assessment proposal to the Ministry of Justice.
Chapter 3.
EVALUATION of the DRAFT LEGAL TEXT of Article 18. The Agency assessed the draft legal text 1. With regard to legal documents specified in point b, c and d of paragraph 2 of article 3 of this circular by the Chief Minister of the Agency must be appraised before sending the legislation the Department of justice evaluation or before the review, the Minister issued; in case of need, the legislation held meetings or established authority include the Service, Bureau and experts, scientists are concerned.
2. for legal texts by the legislation directly edited or the Chief Secretary, Legal Affairs held meetings or established authority if it deems necessary.
3. Legal Service responsible for the content of the evaluation provided for in article 20 paragraph 1 of this circular.
Article 19. Profile send draft assessment legal writing 1. Profile by the Chief agency send Legal Service recommended the draft assessment legal documents include: a) The text of recommendation Service assessment legislation the draft legal text;
b) draft the Government Newspaper, the Prime Minister under the provisions in article 15 paragraph 1 point b or the Bureau's Ministry as defined in point a of paragraph 2 of article 15 of this circular.
c) draft legal text after it has been Chief of corrections Agency, according to the provisions of article 16 of this circular;
d) A general opinion of agencies, organizations, individuals (accompanied by a explanation about receiving comments and copy writing to join the opinion of the Agency, organization or individuals involved);
DD) different opinions between direct Bureau editor and Chief of the Agency the draft text (if available);
e) A detailed demonstration and impact assessment report in the text editor;
g) references (if available) 2. The number of records sent Service legislation evaluation draft legal text is 11 of Ministry, sent the Department of Justice's evaluation 10.
Article 20. The content and duration of the appraisal the draft legal text 1. Content appraisal the draft legal text include: a) the need to enact text;
b) scope, object applies;
c) conformity with policy, the party's policies and guidelines; constitutionality, legality, uniformity, synchronization of the draft legal text in the current legal system;
d) compatibility with international treaties to which the Socialist Republic of Vietnam is a Member;
DD) drafting techniques, legal language of the draft legal text;
e) 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;
g) process the different opinions still matter.
2. The time limit for evaluation of the draft legal text of the legislation the maximum is 7 working days from the date of receipt of application specified in article 19 of this circular; the case must establish authority, the time limit is extended but must not exceed 10 days, unless there are justifiable reasons and be The leader agree. 3. After the evaluation of the draft legal text, the legislation sent a written appraisal according to the form prescribed in annex 6 of this circular to Chief of the Agency the draft text to complete the draft text, General profile the leaders sent the Justice Department evaluation. The time limit for the evaluation of the Ministry of justice a maximum of 20 days (for projects of laws, ordinances, and resolutions), 15 days (for the draft decree), 10 working days (for the draft decision of the Prime Minister), from the date of receiving the application appraisal.
4. After you have written the appraisal by the Ministry of Justice, Chief of the Agency, in collaboration with legal Services and drafted comments to assess of the Ministry of Justice and a complete draft text.
Chapter 4.
ISSUED LEGAL DOCUMENTS article 21. The leaders of opinion with regard to the draft legal text 1. Chief agency responsible for sending the draft text has been justified after evaluation of the opinion of the Ministry of Justice (for the draft legal text of the Government, the Prime Minister) or the opinions of Legal Services assessment (for the draft circular of the Minister) to ask for the opinion leaders (Ministers and Deputy Minister) in the form specified in Appendix 7a and 7b, enclosed Appendix of records specified in article 22 and Article 23 of this circular.
2. Led The sending back comments to the Agency staff within not more than 7 business days from the date of receiving the slip opinion, except where The leader went away.
3. In the process of acquiring, modify, finalize the draft legal text, the Chief agency responsible for coordination with the Office of the Organization for at least 1 Unified meeting comments by the Deputy Minister in charge of the chairmanship and the participation of agencies, organizations and individuals involved.
Article 22. The Chief of agency records of Ministers draft legal text by directly editing the 1. With regard to the draft legal text of the Government, the Prime Minister, the records include: a) the votes the text according to the form prescribed by the Office;
b evaluation of the text);
c) draft the Government Newspaper, the Prime Minister under the provisions in article 15 paragraph 1 b of this circular (2 copies);
d) draft legal text was modify text after the evaluation of the Ministry of Justice;
DD) justification, receiving comments, opinion leadership evaluation and comments of the Agency, organization, or individual;
e) A detailed demonstration and impact assessment report in the text editor;
g) due diligence documents of the Legal Service;
h) A sum enclosed text join the opinion of the Agency, organization or individuals involved;
I) report summarizing the enforcement of law, reviews the reality of social relations related to the main content of the project, the draft text (for projects of laws and ordinances);
k) Please Vote the opinion leaders.
2. With regard to the draft legal text, the Minister issued, the records include: a) the votes the text according to the form prescribed by the Office;
b the Ministry Bureau's) recommendations issued legal documents as defined in art. 2 article 15 of this circular;
c) draft legal text was modify text after the appraisal of Service legislation;
d) text of Legal Services assessment;
DD) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text (accompanied by a explanation about acquiring The leaders comments, opinions and assessment feedback; a copy of the comments);
e) leadership opinion Votes.
Article 23. Records by the Agency direct general staff drafted legal texts the Minister 1. With regard to the draft legal text of the Government, the Prime Minister, the records made under the provisions of paragraph 1 to article 21 of this circular.
2. With regard to the draft legal text, the Ministers signed the promulgation, the records include: a) the votes the text according to the form prescribed by the Office;
b) justification which stated the need to enact adjustment range, text, objects, the process of drafting, the content of the text, the problems are also different opinions, references;
c) draft legal text was modify text after the appraisal of Service legislation;
d) text of Legal Services assessment;
DD) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text (accompanied by a explanation about acquiring The leaders comments, opinions and assessment feedback; a copy of the comments);
e) leadership opinion Votes.
Article 24. The order of the Minister of the draft legal text 1. The agency advised the draft text submitted for The Office and is responsible for the content, the text of the draft Protocol.
2. Upon receiving the profile draft legal text, The Office is responsible for checking records, text format; If the full records as prescribed in article 22 or Article 23 of this circular, Deputy Minister in charge of the field for comments; If the records are incomplete or not properly regulated, the Office of the Chief of the Agency requirements draft additional texts, complete the profile.

3. Following the Deputy Minister's comments agree with the draft legal text, the agency advised the draft text in collaboration with the Office of the Secretary of the review report, the meeting held before the Minister signed the promulgation or legal text signed the Papers the Government , The Prime Minister; the case of the Minister delegated to the Deputy Minister, the Office of the Deputy Minister signed the promulgation of legal text or sheets of the Government, the Prime Minister.
In case the Secretary does not agree with the draft text, The Office returned to the Chief agency draft study text, modify the text or draft reserved his comments accompanied the award, send back The Office records to the Minister for consideration decision.
4. The Office responsible for the records and be the leader text.
5. the Chief of the Agency, the draft text is responsible for tracking, additional explanation or perform other related duties for the draft text has the text until it is issued.
Article 25. Sign the issued, the Government, the Prime Minister and the release of documents 1. The Minister or Deputy Minister in charge of the register issued legal documents (1 original) and sign the Documents the Government, Prime Minister the draft legal text (12 original) according to the provisions of article 7 of this circular.
2. At the latest is 2 working days from the date the Minister signed the promulgation of legal text or sign the Documents the Government, the Prime Minister, The Office is responsible for print, write, stamp number, kept the original Cabinet, 1st, Prime 7 originals (the case of the Government , Prime), send the text to the individual organization according to the "recipients", charged the records to the Agency staff presented the draft text. For the circular signed by the Minister, The Office issued send 2 a for government offices to Post Gazette and on the Government's electronic information.
3. At the latest 10 working days as from the date of signing the Minister issued circular, Chief of the Agency is responsible for providing a soft circular for The Office and Service legislation through the Department's e-mail system to send on electronic information of the Government and of the Ministry of transportation.
4. Least 10 working days from the date the Minister signed the promulgation, the circular must be sent to the Council of the nation, Congressional committees by sector in charge; Text examination Bureau (Ministry of Justice) and the Legal Service; joint text for the participation of the Ministry of Justice shall in addition to the two aforementioned bodies have to send Service Law (Government Office) to perform text checking as stipulated by the law 5. Service legislation, in cooperation with the information technology center sign legal documents of transportation up the electronic information Page of the Ministry of transport and, in cooperation with the Service, the Bureau of common institutions, educate the legal texts about transport have been issued.
Article 26. Translate legal documents 1. Unless the text has the content in State secrets, as soon as the legal text published or issued, the Chief agency responsible for text, in collaboration with the text editor and international cooperation Department, Legal Affairs advised The leadership made the translation of the text into English and could, the water out In addition to the following text: a) the laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly;
b) the Decree of the Government, the decision of the Prime Minister's circular, there is related content or affecting trade in goods, services and intellectual property.
2. With regard to the legal texts do not belong to the provisions in clause 1 of this article, if deemed necessary, the text counsels agency advised The leaders made of text translation into English and other foreign language, unless the text has the content in State secrets.
3. After the completion of a legal text translation into English prescribed in clause 1 of this article, international cooperation Department, in coordination with the Vietnam News Agency and Chief of the Agency, perfecting the translation.
4. the Chief of the Agency, in collaboration with The Office of Legal Affairs, to post the translation on the page of electronic information of the Government and of the Ministry of transportation in the slowest time is 90 days from the date the legal texts published in the Royal Gazette.
Article 27. The order issued by the legal texts in the drafting process of the Government, the Minister of transport signed the promulgation in case was the Prime assignment 1. Records by the Agency in the Government of drafting the legal documents the Minister of transportation include: a) The text of proposed Ministry of transport issued a legal text, which stated the need, scope, application object , the process of drafting, content mostly, these issues are also different opinions, references;
b) draft legal text was modify after receiving the opinion of the Agency, participating organizations and individuals involved in the industry;
c) text of the Organization's appraisal legislation government agency;
d) A general opinion of agencies, organizations, individuals and the object subject to the direct effects of the text (accompanied by a explanation about receiving comments and a copy of the comments) 2. After receiving the records by the Agency in the drafting process of the Government, the Minister assigned to the Chief of the draft text as defined in article 12 of this circular.
3. Within 15 working days from the date of receiving the records by the Agency in the drafting process of The Government, agency staff was assigned to the draft text is responsible for research, opinions of the agencies other related staff, send Service legislation evaluation and synthesis , receiving comments, corrects the draft text, the Ministers signed the promulgation. The case is not yet eligible registration issued, the agency advised the Minister to sign the text answer to government agencies.
Chapter 5.
CHECK for and HANDLE the LEGAL TEXT to article 28. Check out the legal text 1. Checking and handling of legal documents made under the provisions of Decree No. 142/2003/ND-CP on November 14, 2003, the Government's circular No. 01/2004/TT-BTP on 16 June 2004 the Department of Justice's guide the implementation of a number of articles of Decree No. 142/2003/ND-CP and the provisions of this circular.
2. Check the legal text the provisions in clause 1 of this article include: a) check the legal texts by the Minister of transport issued the joint text and by the Secretary and the Minister, the heads of ministerial agencies, Chief Justice of the Supreme People's Court Director, the Supreme People's Procuracy signed.
b) check the legal text of a decree concerning the State management sector about transport by Ministers, heads of ministerial agencies, other people's councils and people's committees of provincial level.
3. Service legislation is clue to help the Minister perform the check legal documents Article 29. The method performs the check legal documents 1. Service legislation automatically checks the legal text according to the following method: a) to regularly examine the text when the Ministry issued and when the Bureau issued guidelines to implement the law;
b) promptly inspect the text when:-the socio-economic situation has changed or when the superior state agencies issued the new text makes the text content has issued no longer fit;
-Get requests, Petitions, notices of the Agency who has the authority to check text or of the agencies, organizations, individuals and the mass media about the text because the Ministry had issued illegal signs or no longer fit.
2. Legal Services performed to check for text relevant to the field of management of the State on transportation by Ministers, heads of other ministerial councils, and provincial people's Committee issued a written receipt or receipt is required recommendations, the Agency's announcement, organizations, individuals and the mass media about text signs contrary to law or no longer fit.
3. The base level of the test requirements, the legal text, the Director of the legislation was to organize and manage a team of collaborators to check legal documents, opinions of experts for the legal text is checked.
Article 30. Content check legal documents 1. Content check legal text (including text contains legal about transportation but not issued by forms of legal text or because the Agency does not have jurisdiction to enact legal text enacted) is the review , reviews and conclusions about the legality of the text.
2. the legal text is text that ensure the following conditions: a) is the correct legal base;
b) Are issued in the right jurisdiction;
c) with content consistent with the provisions of the law;
d) Are issued in the right manner and presentation techniques;
DD) text was in full compliance with the regulations on the procedure of construction, issued and published in the Gazette, reported or published texts.
Article 31. The process of automatically checking and processing legal documents Legal Service organizations are responsible for automatically checking the prescribed text. The cases detected have text content that is unlawful, contrary authority or no longer appropriate, then follow the following sequence: 1. reporting directly to the text editor and the Chief of the draft text.
2. Consistent with the direct Agency text editor and Chief of the draft text of the unlawful content or no longer fit; unified content handling measures contrary to law or no longer fit of text are checked (suspend, modify, cancel, annul part or the entire contents of the text) to report to The leadership to decide.

Case Service legislation, direct Agency and agency staff drafted the draft text is not uniform measures for handling text is checked, then the Service leaders report legal decisions.
3. In the window track checking, text processing signs violate the law and establish the text test Votes according to the form prescribed in annex 8 of this circular.
4. The leadership record check and text processing is unlawful as defined in article 33 of this circular.
Article 32. Procedure to check and handle the legal texts by the Ministers, heads of ministerial agencies, other people's councils and people's committees of provincial level.
1. Service legislation is responsible for organizing the inspection prescribed text. The cases detected have text content that is unlawful, contrary authority or no longer appropriate, Legal Service advised the leaders inform the Agency, the authority has issued a written test, the handle specified by the law.
2. within 30 days from the date of the notice, if the Agency who has the authority to enact text signs against the law not to handle or not handle results led the Department to accept the Legal Services advised the leader text text processing is unlawful as defined in clause 1 article 16 of decree 142/2003/ND-CP 14 November 2003 by the Government, specifically the following: a) the recommendations of Ministers, heads of ministerial-level agencies have issued documents contrary to legal texts about transport of the Ministry of transportation to suspend the execution, annulment of part or the entire text which within 15 days from the date of the petition; If the recommendations that are not accepted or not processed in time, your Minister of Prime Minister's report.
b) petition the Prime Minister to suspend the enforcement of the resolution of the provincial people's Council, contrary to the legal text on the transportation of Congress, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister or of the Ministry of transportation.
c) suspends the enforcement of and recommendations from the Prime Minister to annul the decision, directive of the provincial people's Committee, contrary to the legal text of the transportation of the Ministry of transportation; If the provincial people's Committee does not agree with the decision, the enforcement directive must still obey the decision of the Ministry of transport but has the right to petition to the Prime Minister.
3. Legal Service procedure to check and handle text as specified in paragraph 3 and paragraph 4 of article 31 of this circular.
Article 33. Records check and text processing is unlawful the leadership record check and text processing is unlawful because the legal process Service leadership Kit includes: 1. Slip the text according to the form prescribed by the Office;
2. check text Votes;
3. The text is checked;
4. the legal texts as a basis for legal to check;
5. The draft message text or word processing documents is unlawful.
Article 34. Report on the work of examining and processing legal documents Service legislation is responsible for General, the leader of The signed report from the Prime Minister and the Ministry of Justice about the inspection and handling of legal text periodically may 6, every year.
Chapter 6.
Recheck SYSTEM, REVIEWS the IMPACT of the LEGAL TEXT Enacted AFTER 35. Responsible for reviewing, codified the legal text of the Service, the Bureau is responsible for regularly reviewing, codified the legal text as the field was assigned charge. In the process of reviewing, codified the legal text, when illegal text, no longer fit with the situation, the practices, the Bureau must promptly submit the Minister considers to suspend the enforcement, modification, addition, removal, replacement, remove the text under the authority or the competent agency recommendations to suspend the enforcement of disclosure, modification, substitution, addition, removal, remove the text.
Article 36. Report on reviewing, codified the legal text 1. Every year, the agency advised by sector was assigned to the provisions of article 12 of this circular, in collaboration with the Service, agency, Bureau, held in The most general result review, system legal text send Service legislation on 30 June and 31 December for General Legal Services the report, leaders of the Ministry.
2.6 months, Legal Service is responsible, in coordination with the Service, the Department created the category text is valid, enforceable, abolished, cancelled or replaced by other text process the Ministers signed the promulgation and send Post Gazette.
3.5 years, Legal Services has the responsibility of presiding, in cooperation with the Service, according to the Bureau of chemistry system, the field of the legal text and legal provisions by the National Assembly, the Standing Committee of the National Assembly, State President, Prime Minister, Ministers, heads of ministerial agencies issued about transportation also enforceable.
Article 37. The report reviews the impact of the legal text after the execution.
1. After 3 years from the date of the law, Ordinance, Decree takes effect, the Agency directly responsible for drafting, in cooperation with the General staff and agency Legal Services held during impact assessment drafted to determine reasonableness, feasibility of the regulations. On that basis, recommendations with the solutions to improve the effectiveness of writing or improving the text.
2. the content of the report reviews the impact of the text after the implementation include: analysis of costs, benefits and other effects; the level of compliance with the text of the object text enforcement group and propose solutions to enforce or modify, repeal the text in case of need.
3. The draft report reviews the impact of the text after the execution must be accompanied by the data and calculation of costs, benefits on electronic information Page of the text editor directly by the Ministry of transportation within at least 30 days to the Agency , organization, individual participants comments.
4. direct agencies in drafting the text of presiding, in cooperation with the General staff and agency Legal Services improve the impact assessment report on the basis of the comments and the Ministry.
Chief of the Agency, in collaboration with the Agency directly drafting and Legal Affairs advised The leaders signed the missive sent to the impact assessment report to the Justice Ministry, the Government reports.
Chapter 7.
EFFECTIVE ORGANIZATION and IMPLEMENTATION of Article 38. Effective enforcement of this circular effect after 45 days from the date of signing; repeal of decision No. 25/2006/QĐ-BGTVT dated 24 May 2006 of the Minister of transport issued the regulation drafting, evaluation, issued, checked and processed legal documents about transportation.
Article 39. Implementation 1. Office of the Chief Justice, the Chief Justice Ministry inspectors, heads of Service, Bureau, agency, organization and individual are concerned is responsible for the implementation of this circular.
2. Director of Legal Affairs is responsible for urging, check, General and periodic 6 month report the Minister on the implementation of this circular.

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