Circular 28/2009/tt-Bnnptnt: Sequence, Procedure Regulations Drafting, Enacting Legal Documents In The Field Of Agriculture And Rural Development.

Original Language Title: Thông tư 28/2009/TT-BNNPTNT: Quy định trình tự, thủ tục soạn thảo, ban hành văn bản quy phạm pháp luật trong lĩnh vực nông nghiệp và phát triển nông thôn

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The CIRCULAR regulates the order and procedure for drafting, enacting legal documents in the field of agriculture and rural development, pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; 
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;
The Ministry of agriculture and the rural development regulation sequence, procedure for drafting, enacting legal documents in the field of agriculture and rural development 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 Ministry of agriculture and rural development.
Article 2. The object to apply these rules apply to the Organization, the individual units of the Ministry of agriculture and rural development is related to the drafting, promulgation of the legal text.
Article 3. The legal texts in the field of agriculture and rural development 1. Laws, ordinances and resolutions by the Ministry of agriculture and rural development was allocated the drafting process of the Government of the host Government to the National Assembly, the Standing Committee of the National Assembly.
2. The Decree, the decision by the Ministry of agriculture and rural development was allocated to the drafting process of the host Government, the Prime Minister.
3. Circular by the Minister of agriculture and rural development.
4. Circular between the Minister of agriculture and rural development with the Ministers, heads of 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 ( hereinafter referred to as the Decree No. 24/2009/ND-CP) and other provisions of the relevant laws.
2. the legal text has the wide adjustment range depending on the 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 Minister shall be as follows:-circular: number of text .../... (issued)/TT-BNNPTNT;
-Circular by the Ministry of agriculture and rural development Chair: number of text .../... (issued)/TTLT-BNNPTNT-... (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 Minister 1. Documents issued under the authority of a Minister after signatory issued must be delivered Post Gazette, electronic information Page of the Government, of the Ministry, the Organization announced the news, on the mass media (if any), except where the text has the content in State secrets.
2. Documents issued under the authority of a Minister after signatory 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 responsible Minister to send electronic records (file) about The Office along with the time stamp, taking the number in the letter the Ministry and is responsible for the accuracy of the electronic record (file).
5. The Office 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 Ministry's electronic information Page, 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 Minister 1. Documents issued under the authority of the Minister only modify, Supplement, replace, cancel or repeal by a legal text by contact President Secretary issued or 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 texts for agriculture and rural development 1. The legal text in the authority issued by the Minister of agriculture and rural development and the legal texts relevant to the field of agriculture and rural development, because the State Agency has the authority to enact the system and must be built into the database the legal texts on Agriculture and rural development to serve the work of drafting, evaluation, issued legal documents and state management of activities.
2. The Office is responsible, in collaboration with the Center for Informatics and statistics relevant units built, database management legal text on Agriculture and rural development; 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 agriculture and rural development on the basis of recommendations of the unit in the Department, recommendations of agencies, organizations and individuals. The Organization implemented the program to build the legal text after it is approved.
2. Presiding over or participating in drafting legal documents as assigned by the Minister.
3. Evaluation of the draft legal text in the authority issued by the Ministry.
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 leaders of the Ministry 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 the Minister of construction, issued text.
6. Propose to the Minister the measures to improve quality, ensure the progress of drafting, enacting legal text.
7. Chaired and coordinated with the financial planning of the annual funding spent on construction, issued, text.
Article 10. The responsibilities of the unit directly to 1. Host unit drafted a) category the legal text needs editing to suggest putting on programs, plans to build the legal text;
b) The leaders of the Ministry the draft decision establishing the drafting Committee, the Editorial Board in the case of the editor, the editor;
c) funding priorities for the work of drafting, enacting legal documents;
d) Organization draft legal text as prescribed by law;
timely reports) and the direction of the opinion leaders of the Ministry 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 Minister about the progress, content, the quality of the text editor.
2. Office of the clerical work) include the stamp, write, day, month, year released, save the original and send (release) the text under the authority issued by Secretary issued to agencies, relevant organizations; send the Post Gazette, the Government's information Page and the Ministry.
b) coordinating Service personnel and Service legislation proposed to emulate rewarded in the formulation, enactment of legal texts.
3. The Unit participated in the comments on the draft legal text on time; responsible to the Minister about the comments with regard to the content of the provisions in the area of expertise of its units responsibility;
4. the legal organization of the units under the Ministry's focal point is responsible for helping the heads of units in the formulation, enactment of legal texts. For the unit with no legal organization, the heads of the unit assigned to appropriate qualified personnel do in the formulation, enactment of legal texts.
Chapter II PROGRAMMING CONSTRUCT LEGAL DOCUMENTS article 11. The program to build the legal text 1. The program to build the legal text include:

a) program to build 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 Ministry was assigned to preside over the drafting;
b) programme to build the Government's Decree, the decision of the Prime Minister every year at the request of State management on Agriculture and rural development that the Ministry was assigned to preside over the drafting;
c) programme to build the legal text in the authority issued by the Ministry.
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 agriculture and rural development. 
3. the Ministers approved the program to build the legal text in the range of State management.
Article 12. The responsibilities of the unit in preparing proposed building laws and ordinances, resolutions, decrees, 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 the Parliament, the Committee 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 the Congressional term to Service legislation;
c) the slowest is 125 (one hundred and twenty-five) days before the date of March 1 of the year preceding the year of expected the Parliament, the Committee of the National Assembly, the unit was given the Chair of building laws and Ordinances apply to suggest building laws and ordinances every year that is not yet in construction law program Ordinance of both the Congressional term to Service legislation;
d) Before 30 June of the year before the projected year of enactment, the Ministry sent the proposal to build the Government's Decree, the Prime Minister's decision at the request of its governance to Service legislation.
2. the recommended records referred to in points a, b, c and d clause 1 made under the provisions of article 4 and paragraph 1, article 15 of Decree No. 24/2009/ND-CP building proposal from the Prime Minister's decision to annually follow Annex 1 attached to this circular.
3. In addition to the laws, ordinances, resolutions, decrees, decisions by the units of the Ministry of construction proposal directly, the legislation proposes the text of general content, integrating text content on Agriculture and rural development or the necessary documents required by the individual organizations recommendations according to the base and the requirement stipulated in item 2 Article This time.
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 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 proposal of the building laws and ordinances, resolutions, decrees and decisions.
2. where necessary or at the request of the Minister, 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 of 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 Minister, the Department and the Office of Legal Affairs is responsible for sending 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 the Parliament, the Committee 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 1. Submit a proposal) the unit in The set text list expected legal construction issued in five send Service legislation, Financial Services before 30 June of the year preceding the year of expected enactment to establish planned funding.
 b) subdivisions of the Ministry expected the program to build the text issued under the authority of the Minister to send the Service legislation before 1 November of the year before the projected year issued to the Minister for approval.
In addition to the text by the units of the Ministry of construction proposals, direct Service legislation proposes the text of general content, integrating text content on Agriculture and rural development or the text to be built without the unit in the Ministry proposes to anticipated program.
2. Proposed text in the Building Authority issued by Secretary 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 decision of the Prime Minister 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 reports led The charge.
2. The leader in charge of the review, the decision to propose change. After obtaining the opinion of the head, the unit was given the host drafted in collaboration with the Office of the Legal Services, the draft text of recommendations to the Minister for consideration and 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 register the addition, 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 Minister 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 Minister;
d) test results, reviewing the legal text;
DD) the situation changed practices and governance requirements of the Ministry.
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 consider, decide. 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 1. Service tracking legislation, 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 to 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) Service legislation, the Minister reports monthly, quarterly, 6 months and a year.
Chapter III drafting, EVALUATION, ISSUED in the LEGAL TEXT of items 1. DRAFTING of 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 Minister is the head of project drafting laws and ordinances, the draft resolutions of the Assembly, the Committee of the National Assembly.
Article 19. National 1. Head of drafting editorial help establishing the drafting Committee made the task of the drafting Committee. National operates under the direction of Chief Editor. The mission, the composition of the editorial under the provisions of article 25 of Decree No. 24/2009/ND-CP DATED. 2. The nest is Chief Editor unit heads 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 headed the Ministry in case the Ministers decided to set up the drafting Committee; 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 to The leader 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 leader and head of the Committee drafting the new problems arising in the process of drafting.
5. the Chairman, in collaboration with the unit of the Ministry to ensure conditions for the activities of the editor, the Editorial Board; 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 DATED. 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 normative legal 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) Submitted the draft text concerning measures for food safety and quarantine, plant (SPS) and technical barriers to trade (TBT) and SPS Vietnam Office (international cooperation), the Office of the EDITOR-IN-CHIEF of Vietnam (the science technology and environment) to notify the Secretariat of the WTO and Member States comments.) submit draft texts a page on the Government's electronic information or of the Ministry and to identify specific content, address comments received. 3. Chaired the drafting units are responsible for preparing, the leaders decided 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 government information Page, of the 1. Units of the Ministry chaired drafted in collaboration with the Office of the Government posted the draft legal text of Government (except for the text content in State secrets) electronic information Page up by Government or in cooperation with units assigned to manage electronic information of the Page brought the draft text up to electronic information Page opinion agencies, organizations 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 draft text must have been completed after the direction of The leadership.
2. Units of the Ministry chaired drafting are 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 Ministry; 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 Ministry of agriculture and rural development; 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 units of the Ministry chaired 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 Ministry presided over the drafting of the electronic information Page of the Government or of the Ministry; 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. The unit of the Ministry of presiding 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 aggregate must be full, honest into text in text draft records sent 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 unit of the Ministry of presiding 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 Ministers profile consignment project, the draft suggested the Justice Department evaluation.
2. Legal Service time for the project comments, the draft text no more than 3 (three) 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 Minister.
With respect to these issues are also different opinions, the unit hosted the editor must have text explanations the Minister reports about 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, finishing the 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 Department chaired the drafting Committee reports timely drafting, leader of The Government, reporting to the Prime Minister to review the 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 reporting and propose solutions to the Government, the Prime Minister.
Article 27. The Government, the Prime project, the draft unit chaired drafting in cooperation with Service legislation, The Office prepared draft project profile to the Secretary 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 of items 2. DRAFTING of LEGAL TEXTS in the AUTHORITY ISSUED by SECRETARY Article 28. The nest Editor

1. Depending on the nature of each type of text, the heads of the units being delivered chaired drafting decision founding 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 Chief Editor of nest Nest Chief Editor 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; timeliness of opinion leaders of the Ministry 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 of the Minister, submit valuation 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 law on issuing legal text. If the draft text relating to the field of food safety and plant and animal quarantine service (SPS) and technical barriers to trade (TBT), then submit the draft to the Office of the SPS Vietnam (international cooperation) and the Office of the EDITOR-IN-CHIEF of Vietnam (the science technology and environment) to notify the Secretariat of the WTO and Member States comments. 2. The poll involved about the draft text is done through the following form: a) meeting suggestions, workshops;
b) opinions in writing;
c) through electronic information of the Page;
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, individual participants to contribute ideas at conferences and seminars, unless the draft 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 units of the Ministry when receiving recommendations contributed in writing comments or participate in the meeting, the seminar discussed the draft text issued under the authority of the Minister responsible for research and participate 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 7 (seven) working days from 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 the Minister is responsible for the content are relevant to the Agency.
Article 32. Research, receiving comments, corrects the draft text, build sheets of the Minister 1. Unit leader chaired the drafting and the editor responsible for synthesis, research, receiving comments to complete text, build sheets the Minister about 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 Minister, 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 about issuance of documents;
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 signed the promulgation.
2. Content of the evaluation a) the need to enact text;
b) the constitutionality, legality and consistency of the text with the legal system;
c) the content of the draft text;
d) compliance procedures and the drafting process;
DD) 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;
b) valuation opinions as grounds for the Minister to 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 Ministers 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.
3. The unit is assigned is responsible for evaluation of professional content for the draft text of rules of procedure, legal and technical-economic norms, these types of categories as defined.
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 according to the decision of 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;
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 proposed legislation the Minister decided to establish authority. Director of Legal Affairs is responsible for the draft decision to establish the authority of Ministers.
2. The composition of the assessment board a) authority including the Chairman, the Secretary and members of the Council are representatives of the units under the Ministry are related to the content of the evaluation. 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, receiving comments, appraisal complete draft 1. Comments evaluation of 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 writing process Ministers.
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 Minister.
Article 40. The Ministers profile the profile process of the Minister include: 1. the Papers of Ministers on 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 Ministers profile sign issued text.
2. The Office 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, Office of the returned unit chaired drafting and requires the complete unit.
Article 42. Drafting, enacting legal documents President 1. The Ministry of agriculture and rural development 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 Ministry of agriculture and rural development is the presiding authority building, issued the text is made as follows: a) the unit of the Ministry of agriculture and rural development was assigned host unit is responsible for coordination with the focal unit in the coordination agency issued legal documents draft joint decision of created text editor. Chief Editor Nest is representative of leaders of units of the Ministry of agriculture and rural development was assigned as unit chaired; crew members edited the competent representative of the coordination agency issued written and subdivisions of the Ministry of agriculture and rural development are concerned;
b) Minister of agriculture and rural development decided to establish their nests 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) unit in the Ministry of agriculture and rural development was assigned as the host is responsible for researching, acquiring evaluation comments to draft and complete record before the Minister, heads co-sign.
3. The case of the Ministry of agriculture and rural development was assigned as coordinating agency drafted then made 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 complete and the records before the Ministers, heads of agencies 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.
a) If errors are the responsibility of the unit, then the Ministry chaired the drafting to prepare revised text the leaders signed the order to send the relevant agencies and the revised text was incorrect.
The revised are shown by a decision of the Minister. The first part of the decision revised to scored the inscription: "snap decision (text). .. on ....,........ the Ministry of agriculture and rural development";
b) If errors are the responsibility of The Agency, The Office is responsible for preparing the text of the Minister signed the proposed government offices have 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. Awards, discipline 1. Agencies, organizations, individuals with merits in building, issued legal documents be rewarded according to the provisions of the law.
2. Schedule, the quantity and quality of drafting the legal documents are issued as one of the reviews, a review public servants annually and to reward, discipline titles of officers, civil servants, employees of the agency or unit.
3. Annual Service presided over legislation, in cooperation with The Office, the Organization Department proposed units, organizations, public servants have achievements in building, enact legal text.
Article 45. Funding for the formulation, appraisal, issued legal documents

1. Funding for the formulation, appraisal, issued legal documents by the Ministry of budget and mobilized from other sources (aid, funding of organizations and individuals in and outside the country).
Every year the Ministry (finance Affairs) arranged private funding sources to ensure 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 Minister of finance, is responsible for recommending additional, timely funding for the unit chaired drafting. 
2. Every year, the science technology and environment, the Service plans to have the responsibility of presiding, in collaboration with legal Services, Financial Services funding arrangement from the scientific career resources, 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;
e) 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, coordination with the financial Ministers decided.
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 46. Implementation 1. Director of Legal Affairs monitor, examine the implementation of this circular.
2. The Heads of the units under the Ministry has the responsibility to organize the implementation of this circular in the unit.
3. The unit, officers, public servants, employees of the Ministry when the text in the field of agriculture and rural development has 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 leader , 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 Minister for consideration and decision.
Article 47. Effective enforcement of this circular are enforceable after forty-five days from the date of signing and replace the content related to the preparation, appraisal, issued the legal text of decision No. 90/2007/QD-BNN on 9/11/2007 issued draft regulations , issued, checked, processed and scrutinize, codified the legal text of the Ministry of agriculture and rural development.