The CIRCULAR regulates the construction, evaluation and issued legal documents of the Ministry of industry and trade _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law enacting the legal text on 03 June 2008;
Pursuant to Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text;
At the suggestion of the Director of the legislation, the Minister of industry and trade regulations on the building, appraised and issued legal documents of the Ministry of industry and trade as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circular sequence, construction procedures, the evaluation and issued legal documents of the Ministry of industry and trade. 2. The object application this circular applies to the Service, the Department, Institute, Office of the Ombudsman, the Ministry (hereinafter referred to as the units of The Agency); organizations and individuals related to the formulation, evaluation and promulgation of the legal text of the Industry. 3. In charge of the formulation, evaluation and issued legal documents 1. The Minister directed the formulation, evaluation and issued legal documents of the Ministry of industry and trade. 2. The Deputy Minister, to help steer the construction Minister, appraised and issued legal documents by sector is assigned and reported the Secretary before signing.
 Chapter II CONSTRUCTION PROGRAM in the LEGAL TEXT of the article 4. The program to build the legal text of The 1. The program to build the legal text of the Department's programs are combined on the basis of recommendations built the legal text of the unit in The Agency, was Service legislation and on the basis of the direction of the competent authority. The program is one of the bases to develop legal texts and is the basis to decide on the allocation of funding to support the work of building the legal text of the plan year.     
2. The program of building the legal text of the signed by the Minister of Industry issued include the following content: a) the name of the legal text should be built, issued;
b) process or grant issued for each text;
c) time process, issued for each text;
d) chaired the drafting unit for each text.
Article 5. Suggest, propose to build the legal text 1. The units of The agency responsible for establishing recommended construction of legal texts in the field of industry and Commerce submitted Service legislation to General, to report to Minister according to the following deadlines: a) before 31 January of the first year of the term of the National Assembly for the proposed construction of the law Parliament's resolutions, ordinances, resolutions of the National Assembly Standing Committee (hereinafter referred to as laws and ordinances) for the term of the National Assembly;
b) Before 15 October each year for the proposed building laws and ordinances for the following year;
c) before 1 July each year for the proposed construction of a decree for the following year;
d) Before 30 November each year for the proposed construction of the decision of the Prime Minister; the Minister's circular and circular by the Ministry of industry and Commerce chaired drafting (hereinafter referred to as the circular) for the following year.
2. Agencies, organizations, individuals may submit recommendations to the construction law, ordinances, decrees in the field of industry and commerce in writing to Service legislation or through electronic information Page of the Industry at the address www.moit.gov.vn. Legal services is responsible for the synthesis of this recommendation to the Minister reports.
3. Service legislation is responsible for posting on the electronic information Page of the presentation about the proposed building laws and ordinances, decrees and report preliminary impact assessment of writing in time at least 20 (twenty) days to the agencies, organizations, individuals involved in comments.
Article 6. Records suggest construction of legal texts 1. Records suggest building laws and ordinances made under the provisions of article 4 of Decree 24/2009/ND-CP on March 5th, 2009 by government regulations and details of the measures enforced the law promulgated legal documents (hereinafter referred to as the Decree No. 24/2009/ND-CP);
2. The records suggest construction decree made under the provisions of article 15 of Decree 24/2009/ND-CP. 3. Records suggest construction of the decision of the Prime Minister, the circular is a caption stating the name of the text; the need to enact the text, issued in base text; the issues to be addressed; the main content of the expected text; unit name chaired drafting; the time (specific to the month).
Article 7. Verify that the proposal to build the legal text 1. Legal services is responsible for verification of records suggest construction of the legal text of the unit in The Agency to review the construction program put into the legal text of the Ministry.
2. Case profile suggested building the legal text does not meet the requirements specified in article 6 of this circular, the legislation proposed the unit additional Ministry Agency, perfecting.
Within 5 (five) working days from the date of receiving the opinion of the Legal Service, if The non-agency unit supplements prescribed records, the legislation does not put the proposal to build the text into a program to build the legal text of the Ministry.
3. within 7 (seven) working days from receipt of application recommended building the legal texts by the units of The agency sent to the Legal Service, conduct investigation, focusing on the content: the need to enact, base, adjustable range , the object application, basics of policy documents, computer synchronization, feasibility, compliance with international treaties and commitments that Vietnam has been involved, the secured condition for the construction and implementation of the text.
4. During the investigation, the case Service legislation see the need to clarify the related content, suggested construction units responsible for writing more about the presentation of that content.
Article 8. Construction program issued the legal text of The 1. The base assessment results, the legislation created the draft construction program in the legal text of the Ministry and sent to the unit in The Agency opinions. Legal services is also responsible for posting the draft program to build the legal text of The page on the Ministry's electronic information to agencies, organizations and individuals who contributed comments.
2. On the basis of the opinion of the units of The organs, agencies, organizations, individuals, Service legislation corrects, complete construction program draft legal text of the Ministry, the Minister for consideration and decision.
3. Model program to build the legal text of The enacted in annex 1 of this circular.
Article 9. The programme to build the legal text of The 1. After the Ministers signed the construction program issued legal documents of the Ministry, heads of units of The agency responsible for building the legal text was delivered to his unit.
2. Legal Services hosted, in cooperation with the Office of the track, urging units of The Agency in the implementation of the program to build the legal text of the Ministry through the form as submitted or dispatch emails urging; the Organization of the meeting took the progress; the Minister reports periodically or in other forms.
3. Unit heads in The assigned agency chaired drafting legal texts have the responsibility of ensuring the progress of drafting, the progress, the quality of the draft text; make quarterly report mode, 6 (six) months, 1 (one) year and unscheduled reports construction progress legal documents according to the requirements of the legislation.
Article 10. Adjust the program to build the legal text of The 1. Units of The Agency may propose to adjust the program to build the legal text of the order in the following cases: a) taken out of the program for the text not yet needed issued, does not guarantee the quality of drafting or due to a change in the socio-economic conditions affecting the State management sector of the Department;
b) additions to the text of the program due to the request of the State management in the field of the logical or is modified by the new text was enacted to ensure the uniformity of the legal system or to implement international commitments.
Suggested text to the program must have the profile according to the provisions of article 6 of this circular;
c) adjusted the time due to the slow progress of draft and by the quality of the text is not guaranteed.
2. Units of The Agency submitting the proposal to adjust to Service legislation, which must specify the reason for adjustment, the time taken.
3. Legal Research Service, general recommendations to adjust the program to build the legal text of the Ministry, the Minister reviewed the decision.
 Chapter III DRAFTING of LEGAL TEXTS article 11. The Edit Assignment guidelines 1. The Minister assigned to one or several units of Government Ministry drafted legal documents according to the functions and tasks of the unit. The case has many units are assigned to drafting, the Minister appointed a drafting Chair unit, other units coordinating Editor. The unit was assigned to coordinate the responsible editor actively involved with drafting Chair unit.
2. Service legislation is responsible for taking the preparation right from the start and oversee the evaluation of the draft legal text by the unit in The Agency drafted before the Minister signed the promulgation or the competent authority.
Article 12. Drafting of laws, ordinances, decrees by the competent bodies delivered to Industry 1. The drafting of laws, ordinances, decrees are made through drafting and Editorial Board under the provisions of the Act enacted the legal text and Decree No. 24/2009/ND-CP.

2. Unit chaired drafted in collaboration with the Ministers signed the legislation establishing the drafting Committee decision and the editor.
Article 13. Draft decision of the Prime Minister's circular, 1. The draft decision of the Prime Minister, the Minister's circular is made through the nest.
2. Unit chaired by active editor the Minister issued the decision founding editor.
The nest editor decision of Prime must have a representative of the Ministry of Justice, government offices, Legal Service Industry and the relevant organizations, organs.
Draft circular nest of Ministers composed head unit leader chaired drafting and membership is representative, representative of the Legal Service units, the relevant organizations.
3. Nest drafting up blueprints for the drafting of duty until the time of the draft text.
4. Nest editor taking the time needed for the work of the law enforcement situation; survey, evaluate the reality of social relations; research information, relevant data to serve as a basis for the formulation of the outline, draft.
Article 14. Comments in the drafting process 1. In the process of drafting the legal documents, unit chaired drafting must take the opinion of the Agency, organization, and individual objects subject to the direct effects of the text by using the method that is specified in the clause 2 Article 35 of law issued legal documents.
2. for projects of laws and ordinances, the unit hosted the editor must send the draft to the ministries, ministerial agencies, government agencies to obtain comments on draft content. In it, need to get comments on the financial resources of the Ministry of finance, comments on the human resources of the Ministry of Internal Affairs, comments on the environmental impact of the Ministry of natural resources and the environment, comments on the compatibility with the relevant international treaties to which the Socialist Republic of Vietnam is a member of the Foreign Ministry.
3. With regard to the draft decree, the decision of the Government, the Prime Minister's circular, chaired the drafting units are responsible for organizing comments as defined in article 62 of law issued legal documents, article 27, article 31 and article 34 of Decree 24/2009/ND-CP. 4. Host unit responsible editor stating the issues to please your comments fit with each object needed opinions; General comments according to the target groups; send Service legislation to be posted on the Ministry's electronic information Page of text or to the comments and the draft has been receptive to modify.
Article 15. Posted on electronic information Page 1. Service legislation is clue to post the draft legal text on the page of the electronic information to the agencies, organizations, individuals involved in comments. The draft text should be posted on the Ministry's electronic information Page in time at least 60 (sixty) days to the agencies, organizations, individuals involved in comments.
2. The draft text sent Service legislation be posted on the Ministry's electronic information Page is drafted according to the provisions of article 57 of Decree 24/2009/ND-CP. 3. In the process of drafting the text, on the basis of the results of the preliminary impact assessment unit, chaired the drafting of laws, ordinances, decrees are responsible for assessing the impact before text editing and finalizing the report reviews the impact simply in the process of drafting under the provisions of article 38 of Decree 24/2009/ND-CP.
The draft impact assessment report with data, how to calculate the costs, the benefits attached and the draft text must be sent to Service legislation be posted on the Ministry's electronic information Page at least 30 (thirty) days to the agencies, organizations, individuals involved in comments.
 Chapter IV EVALUATION of the DRAFT LEGAL TEXT of article 16. The suggested evaluation profile 1. The number of records sent proposed legislation Evaluation Service is 5 (five).
2. for projects of laws and ordinances, records suggest that appraisal is the documents prescribed in paragraph 2 Article 36 of law issued legal documents.
3. With regard to the draft decree, records suggest that appraisal is the documents prescribed in paragraph 2 to article 63 of law issued legal documents.
4. With regard to the draft decision of the Prime Minister, suggested evaluation records are the documents set forth in article 32 of Decree 24/2009/ND-CP.
 5. With regard to the draft circular, records suggest that evaluators include: a) The text of the proposal evaluation;
b) sheets of the Ministers on the draft circular;
c) draft circular after receiving the opinion of the Agency, organization, or individual;
d) A synthesis of the opinions of the agencies, organizations and individuals about the content of the draft circular; tournament report receiving the opinion of the Agency, organization or individual about the content of the draft circular;
DD) other materials (if any).
Article 17. Receiving the evaluation profile 1. Legal services is responsible for receiving and examining draft profile legal texts by the sending Unit evaluation.
Evaluation profile the case does not meet the requirements stipulated in article 16 of this circular, within a period of 2 (two) working days from the date of receipt, the legislation submit report suggested the unit chaired drafting complementary profiles. Report form is issued in annex 2 of this circular.
2. Unit chaired drafting additional responsibility assessment profile within a period of 5 (five) working days from the receipt of notice of proposed additions of Service legislation.
Article 18. Organization of the evaluation 1. After getting the records suggest a full and valid assessment, Legal Services is responsible for assigned business assessment meetings organization, in which the Legal Service officers involved editor or text editor was made the legal rapporteurs.
Where necessary, the legislation proposed subdivisions presided over drafting a presentation about the draft legal text for the work appraisal;
2. With regard to the draft legal text, also the problems that various opinions, Legal Services in collaboration with the unit of presiding Editor to handle. In case of need, the proposed legislation The leaders presided over a meeting with the unit to discuss the matter before the appraisal comments;
3. evaluation period of 10 (ten) working days from the date of Service legislation received records suggest full and valid evaluation with regard to the draft statute, Ordinance, Decree, the decision of the Prime Minister.
Evaluation period is 7 (seven) working days from the date of Service legislation received records suggest full and valid evaluation with respect to the draft circular.
The case of the draft legal text in an under construction, issued according to the order, the shortened procedure provided for in Article 75 of law issued legal documents, Legal Services is responsible for the evaluation immediately after getting the records suggest a full assessment and valid.
Article 19. Content content evaluation appraisal the draft legal text made in accordance with paragraph 3 to article 36 of law issued legal documents.
Article 20. The meeting evaluation 1. Legal Services chaired the meeting evaluation the legal text. Depending on the nature of the draft text, the legislation is responsible for inviting The Office representative, chaired the drafting unit (in the case of Service legislation is not drafted chaired units), the other units concerned to participate in the meeting evaluation.
2. The sequence of the meeting evaluation: a) the leader of the legal service of the statement of reasons of the meeting;
b) reports provide the information related to the project, draft, said his comments about the problems in the scope of the evaluation;
c) members attending the meeting discussions and statements of opinion, focusing on the problems in the scope of the evaluation provided for in article 19 of this circular;
d) leader General Legal Service opinions and conclusions.
Presenters are responsible for recording and signed the minutes of the meeting evaluation. The minutes must record full of opinions at the meeting to serve as a basis for drafting the evaluation report.
Article 21. Assessment report 1. On the basis of the minutes of the meeting evaluation, Legal Services is responsible for preparing the report the evaluation according to the content of the evaluation provided for in article 19 of this circular. Sample evaluation report issued in annex 3 of this circular.
2. In the process of preparing the assessment report, if there are problems, the legislation must promptly report and ask for the opinion of the Minister.
3. where there is no difference of opinion with their due diligence Legal Services Unit chaired drafting, Legal Services has the right to reserve the comments of his appraisal.
4. Unit chaired drafting must explain in writing the opinion of the Legal Service, appraisal report of Minister and send Service legislation. On the basis of a written explanation, the Secretary look, decided to choose accordingly.
Article 22. Document evaluation suggested evaluation records, minutes of meetings, reports, assessment evaluation and justification of the presiding editor are stored and tracked in Legal Services.
 Chapter V ISSUED CIRCULAR Article 23. Responsible for the draft circular after justification of appraisal comments Service legislation, chaired the drafting units are responsible to the Minister for registration issued circular.
Article 24. The register issued Circular 1. The Minister signed the records issued the circular are: a) the Papers of Ministers on draft circular;
b) draft circular was justified after evaluation comments;
c) A synthesis of the opinions of the agencies, organizations and individuals about the content of the draft circular; tournament report receiving the opinion of the Agency, organization or individual about the content of the draft circular;
d evaluation of the Service report) legislation;
DD) justification the opinion of appraisal Service legislation;
e) other materials (if any).
2. Draft circulars signed the documents must be fully specified in paragraph 1 of this article; the signature off of unit leaders chaired the drafting and signature of the leader of the Legal Service in the corner to end every page of the draft text before the Minister signed the promulgation.
Article 25. Send a text check Agency, Post Gazette and the electronic information page

1. Circular after Ministers signed must be sent to the competent authority to check, text processing in the industry, the relevant field: text check Bureau under the Ministry of Justice, the Legal Service Industry, organized by the Ministry of Legal Affairs, ministerial bodies under the regulation.
2. Circular after Ministers sign the issued must be chaired drafting units send (paper and electronic) to the Administration-Office Bộvà Service legislation.
a) Administration-Bộcó Office responsible for sending the right circular (a paper and electronic version) to government offices to Post Gazette and on the Government's electronic information, except for the text content in State secrets;
b) Legal Service responsible for posting right circular on electronic information of the Page except for the text content in State secrets.
 Chapter VI IMPLEMENTATION Article 26. Guarantee for building the legal text the Chief Ministries, heads of units of The organs within the scope of the functions, duties, their powers are responsible for the layout of officers, ensuring conditions of means of work, information and other necessary conditions for the drafting evaluation, and taking the opinion of the draft legal text.
Article 27. Funding for the legal text 1. Financial services is responsible for implementation of the funding allocation from the State budget for the legal text of The current regulations.
2. On the basis of the funds from the State budget, the draft legislation decided to support construction of the legal text of the Minister to review the decision.
Decision support model to build the legal text of The enacted in annex 4 of this circular.
3. The unit is funding construction of legal text establishing detailed estimates submitted to the Office and use of funds supported by the financial regime, ensure sufficient valid evidence of lawful, according to current rules.
Article 28. To sum up, reviews the legal text Service legislation is responsible for the track, urging the implementation of this circular; to sum up, annual reviews and reports the Minister of construction, appraisal of the legal text. 
Article 29. Rewarding progress, the quality of drafting legal documents and quality evaluation of the draft legal text is one of the bases for evaluation, review officers, public servants and annual average basis is considering emulating, rewarded for individual units of The Agency.
Article 30. Handle responsibility 1. Officers, public officials and leaders of the units of The Agency assigned lead text editor are not legal review emulation, rewarded in years for the following cases: a) Slow the progress of construction of the text prescribed without good reason;
b) text quality is not guaranteed.
2. The unit in The Agency have written been slow progress made under regulation without reason then reprimanded. If The Agency had units from 50% or more of the text in the program been slow progress in the year that the unit not be consider emulating, rewarded.
3. Officers, public officials and leaders of the French text authentication is not properly defined period, does not urge the units on the progress made to text without reason then that year not be consider emulating, rewarded.
4. The leaders were given the task of directing the building of the legal text as the field is assigned that to slow the progress of the criticism of The leadership collective.
Article 31. Effect 1. This circular effect since August 10, 2009.
2. This circular replaces decision No 28/2007/QD-BCN on June 12, 2007 by the Minister of industry issued a regulation and issued legal documents of the Ministry of industry and decision No. 1128/2003/QD-BTM on August 8, 2003 by the Minister of trade on the draft regulations issued , project appraisal, the draft legal text of the Ministry of Commerce.