Decree 24/2009/nd-Cp: Detailed Rules And Law Enforcement Measures, Enact Legal Text

Original Language Title: Nghị định 24/2009/NĐ-CP: Quy định chi tiết và biện pháp thi hành Luật Ban hành văn bản quy phạm pháp luật

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DECREE on detailed rules and Law enforcement measures, enact legal text _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law enacting the legal text on 03 June 2008;
Considering the recommendation of the Minister of Justice.
DECREE: chapter I PROGRAMMING BUILDING laws and ordinances, the PROGRAM BUILT UP section 1 of the DECREE of the GOVERNMENT'S PROPOSAL on the CONSTRUCTION of law, ORDINANCE on article 1. The set of recommendations of building laws and ordinances of the Agency, organization, individual 1. Agencies, organizations, individuals may submit recommendations to the construction law, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee (hereinafter referred to as law, Ordinance) to the ministerial authorities, industry management, field in writing or via electronic information Page of this agency. In case no specific address identified the bodies, organizations and individuals to submit proposals to the Ministry of Justice; The Ministry of Justice is responsible for submitting proposals to the ministries, ministerial agencies concerned.
2. Recommendations building laws and ordinances of the agencies, organizations, individuals must clearly state the necessity to enact text, expected the main content of the text.
3. the receiving agency recommendations building laws and ordinances are responsible for gathering, processing, analysis and recommendations for preparing the proposal of building laws and ordinances of his agency.
Article 2. The responsibility of ministries, ministerial agencies, government agencies in the preparation of the proposal of building laws and ordinances 1. Ministries, ministerial agencies, government agency established to recommend building laws and ordinances in the industry, his responsibility areas of the Ministry of Justice to synthesize, process of the Government.
In the case prescribed in article 53 of this Decree, ministerial-level agencies, ministries, government agencies can propose amendments, additions, replace, cancel, void content in many laws and ordinances.
2. proposed text issued are based on the following bases: a) based on the results of research, summarizing the reasoning and practices;
b) meet the requirements of State management, solving the problems of society and the issues it is necessary to adjust the legal writing;
c) ensure the implementation of the basic rights and duties of citizens;
d) Must be the preliminary impact assessment the basic policy and the main content of the text;
DD) fit with advocates, the way, the policy of the State party;
e) fit the content in the international treaties to which Vietnam is a member, or planning to become a Member;
g) the conditions ensuring the implementation of the text must be clearly defined;
h) issuing documents to ensure viability.
Article 3. The responsibility of ministries, ministerial agencies, government agencies in preparing proposed building laws and ordinances 1. Ministers, heads of ministerial agencies, government agencies have responsibilities delegated to units of his agency was preparing constructive proposals of law, Ordinance, or of the annual Congressional term in the field are assigned charge.
The unit prepares the proposal of building laws and ordinances have the following duties: a) held opinions related units for building laws and ordinances; upload a presentation of recommends building laws and ordinances and report preliminary impact assessment of the text on the page of electronic information by the Agency during at least 20 (twenty) days to the agencies, organizations, individuals involved in comments;
b) presiding, in cooperation with the relevant units of study, to perfect the record suggest building laws and ordinances on the basis of the comments; send suggested building laws and ordinances to legal organizations to aggregate.
2. legal organizations have a responsibility to help the Ministers, heads of ministerial agencies, government agencies perform the following tasks: a) Created the draft proposed the building of laws and ordinances and of the annual Congressional term related to the industry, the field of his agency in charge on the basis of the proposal of the subdivisions recommendations of agencies, organizations, individuals and is based on the grounds for the proposed building laws and Ordinances specified in clause 2 2 of this Decree;
b) in the case of need, the proposed Ministers, heads of ministerial agencies, government agencies held a meeting with the units of the Ministry, ministerial-level agencies, government agencies have the participation of the representative of the Ministry of Justice, Government Office, Ministry of finance, the Ministry of Interior to give comments on proposed law construction Ordinance;
c) presiding, in collaboration with agencies, relevant control unit, complete the profile suggested building laws and ordinances to the Ministers, heads of ministerial agencies, government agencies to review the decision.
3. Ministries, ministerial agencies, government agencies have a responsibility to send the proposal of building laws and Ordinances annually to the Ministry of finance to obtain comments on the reasonableness of the expected financial resources, to the Interior Ministry to get comments on the reasonableness of the expected manpower.
Article 4. Records suggest building laws and ordinances of Ministry, ministerial-level agencies, government agencies sent the Ministry of Justice 1. Ministries, ministerial agencies, government agencies sent the Justice Department records suggest building laws and ordinances under the term of the National Assembly at the latest on March 1, the first year of the term of the National Assembly.
The records include: a) the presentation of recommends building laws and ordinances.
A presentation of recommends building laws and ordinances must clearly state the name of the text and the need to enact text; object, scope of text; 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; expects the Agency chaired drafting and time course of the Parliament, the Commission of the National Assembly;
b) reported preliminary impact assessment of the text.
2. Ministries, ministerial agencies, government agencies sent the Justice Department records suggest building laws and Ordinances annually on the basis of the program of both the Congressional term of 105 (one hundred ghost five) days, before March 1 of the year preceding the year of expected Congressional process, the Commission of the National Assembly.
The records include: a) A presentation of recommends building laws and ordinances.
A presentation of recommends building laws and ordinances must clearly state the need to enact laws and ordinances; direction the drafting process and has prepared for the draft; the basic policy of the text and objectives of the policy; the positive effects, negative of policies and solutions to implement the policy;
b) A synthesis of the opinions of the agencies, organizations and individuals;
c) comments of the Ministry of finance about the reasonableness of the expected financial resources, the opinion of the Ministry of the Interior about the reasonableness of projected human resources;
d) outline the details of the draft text.
3. Ministries, ministerial agencies, government agencies sent the Justice Department records suggest building laws and ordinances every year that it's not in the program of building laws and ordinances of the Congressional term of 105 (one hundred ghost five) days, before March 1 of the year preceding the year of expected Congressional process , The Commission of the National Assembly.
The records include: a) A presentation of recommends building laws and ordinances.
A presentation of recommends building laws and ordinances must clearly state the name of the text and the need to enact text; direction drafting; the basic policy of the text and objectives of the policy; object, scope of text; the main content of the text; the solution is to implement the policy; the positive effects, negative of the policy; projected resources, ensure conditions for drafting the text; expects the Agency chaired drafting and time course of the Parliament, the Commission of the National Assembly; the progress of preparations for drafting;
b) reported preliminary impact assessment of the text;
c) comments of the Ministry of finance about the reasonableness of the expected financial resources, the Ministry of the Interior about the reasonableness of projected human resources;
d) outline the details of the draft text.
Article 5. Content captions about the need of building laws and ordinances 1. As for the proposal of building laws and ordinances of both terms, captions about the need of building laws and ordinances must be stated: a) the context, the reality of social relations requires the adjustment of legislation; objectives and the issues to be addressed;
b) summarizing, assessing the reality of the current legal provisions related to the need to adjust social relations;
c) target ensure the implementation of the basic rights and duties of citizens (if available);
d), undertakings of the party and State policy on the management of the sector, related sectors of society need to adjust (if available);
DD) content in the international treaties to which Vietnam is a member, or planning to become relevant to the industry, related social areas need adjustment (if any).
2. for the proposal of building laws and ordinances, the annual presentation of the need to build the right text-based program of building laws and ordinances of the Congressional term and stating the practical need of issued documents, the progress and results of the process of preparing the construction of the text as the basis for putting the law Ordinance on the program every year.
3. With regard to the proposal to put laws and ordinances on the program every year, but not in the program of the Congress, the term content captions about the need of building laws and ordinances must include the content prescribed in clause 1 and clause 2 of this Thing.
Article 6. Receiving and taking comments on the proposal of building laws and ordinances 1. The Ministry of Justice is responsible for receiving and examining of records suggest building laws and ordinances of the ministries, ministerial agencies, government agencies.
In the case of records does not guarantee the requirements stipulated in article 4 of this Decree shall within a period of 5 (five) working days from the date of receiving the record, the Ministry of Justice has proposed text bodies send complete profile.
The recommended Agency is responsible for improving the profile within a period of 10 (ten) working days from the date of receiving the recommendation of the Ministry of Justice.

2. At the latest is 3 (three) working days from the date of receipt of application proposed building laws and ordinances, the Ministry of Justice is responsible for posting at least 20 (twenty) days on electronic information Page of the Ministry of Justice and the Government's electronic information to the Agency , organization, individual participants comments.
Article 7. Establishment of the Advisory Council on the proposal of building laws and Ordinances the Minister of Justice may establish the Advisory Council helps the Minister to consider the proposal of building laws and ordinances (hereinafter the Council).
The Advisory Council includes: President of the Council is the representative leader of the Ministry of Justice and the members are scientists, professionals knowledgeable in the field related to the proposed text.
Article 8. Established proposal of the Government on the program of building laws and ordinances 1. On the basis of the proposal of building laws and ordinances of the ministries, ministerial agencies, government agencies; results of reviews of the Advisory Council and the opinions of the agencies, organizations, individuals, the Minister of Justice decides whether to put the proposed building laws and ordinances on the draft proposal of the Government on a program of building laws and ordinances.
2. The proposal of the Government on a program of building laws and ordinances must ensure the following requirements: a) meet the requirements of State management, solving the problems of society and the issues it is necessary to adjust the legal writing;
b) was preliminary impact assessment of basic policy, objectives and content of the text;
c) accordance with advocates, the way, the policy of the party and State;
d) warranties of conditions of drafting and enforcing conditions text;
DD) ensure the feasibility of the program building laws and ordinances and the law building program, the Ordinance of both congressional tenure;
e) ensure harmony, uniformity of the legal system;
g) ensure priority documents issued under the provisions of paragraph 3 of this article.
3. Ensuring that priority in the Government's proposal on the construction of laws and ordinances must be based on the following bases: a) meet the requirements of State management, solving the problems of society and the issues it is necessary to adjust the legal writing;
b) ensure the implementation of the basic rights and duties of citizens;
c) ensure implementation of the commitments in the international treaties to which Vietnam is a Member;
d) ensure implementation of strategies, policies, and guidelines of the party and State;
DD) based on the priorities of the Government, and the prime target in the Government's action programme.
4. The draft proposal of the Government on a program of building laws and ordinances are posted on the electronic information Page of the Ministry of Justice and electronic information Page from the Government in time of at least 20 (twenty) days to agencies, organizations, individuals involved in comments.
5. On the basis of these comments, the Justice Department control, improve the draft proposal of the Government on a program of building laws and ordinances to the Government.
Article 9. The Government draft proposal of the Government on a program of building laws and ordinances 1. Profile draft recommendations on the programme of building laws and Ordinances include: a) the Government Newspaper, which stated the priority criteria for the proposal of the Government on a program of building laws and ordinances; the problems also have different opinions and comments of the Ministry of Justice;
b) draft proposal of the Government on a program of building laws and ordinances, which stated the Agency proposed building laws and ordinances; the name of the text; the need to enact text; the views, the basic policy, the main content of the text; object, scope of text; projected resources, ensure conditions for drafting the text; the report reviews the preliminary impact of the text; the expected time of Parliament, the National Assembly Committee for comments and consideration, through the text.
2. The draft proposal of the Government on a program of building laws and Ordinances annually was discussed and adopted at a Government session in January of the year before the year of expected Congressional process, the Commission of the National Assembly.
The draft proposal of the Government on a program of building laws and ordinances of the Congressional term was discussed and adopted at a Government session in June of the year before the term of the National Assembly.
Article 10. Perfecting Government's proposal about the construction of laws and ordinances after the Government adopted on the basis of the results of the session of the Government, the Ministry of Justice, in collaboration with the Office of the Government improve the proposal of the Government on the program of building laws and ordinances; ministries, ministerial agencies, government agencies have a responsibility to improve the profile suggested building laws and Ordinances proposed by themselves.
The Minister of Justice, authorized the Prime Minister, on behalf of the Government, report the Standing Committee of the National Assembly by the Government on a program of building laws and ordinances.
Article 11. The responsibility to implement the program of building laws and ordinances 1. The program bases of building laws and ordinances of both annual and term of the National Assembly, the Ministry of Justice is responsible for: a) presiding, in collaboration with the Office of the Government drafted and the Government plans to implement the program of building laws and ordinances; expects the Agency chaired drafting, drafting and coordination body scheduled time the law project, the Ordinance;
b) track, the urge, check drafting to ensure the progress of the drafting and the quality of the draft laws and ordinances;
c) quarterly report the Prime Minister about the situation, the progress and the problems arising in the process of implementation of the programme of building laws and ordinances.
2. the assigned agency chaired drafting has the responsibility of ensuring the progress and quality of the draft laws and ordinances; quarterly reports to the Ministry of Justice on the implementation of the programme of building laws and ordinances every year and the progress of construction of the project laws and ordinances.
Article 12. Tailor your proposal to build laws and Ordinance 1. The Agency chaired drafting proposals to adjust the program building laws and ordinances in the following cases: a) taken out of the program for the law project, the Ordinance has not yet issued necessary or is no longer necessary to enact due to a change in the socio-economic conditions;
b) added to the program of the project laws and ordinances by the request of the management of areas of social life or is modified by the new text was enacted to ensure the uniformity of the legal system or to implement international commitments;
c) adjusted the time due to the slow progress of the drafting of bills, ordinances;
d) adjust the time due to the quality of the project laws and ordinances are not guaranteed.
2. additional suggestions the program build laws and ordinances are performed according to the recommended process of building laws and Ordinances specified in this Decree.
In the case of the proposal taken out of the program or adjust the time of the project laws and ordinances, the Agency proposed to have the sheet stating the reason, direction, solutions and execution time.
3. The Prime Minister decided to adjust the program building laws and ordinances, the Parliament, the Standing Committee of the National Assembly.
Category 2 PROGRAMMING the CONSTRUCTION DECREE of the GOVERNMENT'S ANNUAL article 13. The set of recommendations the construction Decree of the Government 1. Agencies, organizations, individuals may submit recommendations to build on to the Decree, ministerial-level agencies, industry sector management in writing or via electronic information Page of this agency. In case no specific address identified the bodies, organizations and individuals to submit petitions to the Government offices; Government offices have the responsibility to submit recommendations to the ministries, ministerial agencies concerned.
2. Recommendations to the construction Decree of agencies, organizations, individuals must clearly state the necessity to enact text, expected the main content of the text.
3. The Agency received petitions is responsible for gathering, processing, analysis and recommendations building decree to prepare proposals to build the Agency's Decree.
Article 14. The responsibility of ministries, ministerial agencies, government agencies in preparing proposed building Decree 1. Ministries, ministerial agencies, government agency established to recommend building the decree in the industry, his responsibility areas of government offices and the Ministry of Justice to the General Government.
2. the proposed construction of the Decree of the Government is based on the following bases: a) detailing the implementation of the law, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; the order, the decision of the President;
b) specified the measures to implement the policy and other matters under the jurisdiction decisions, management, administration of Government;
c) prescribing the duties, powers, organization of ministries, ministerial agencies, government bodies and other agencies under the control of the Government;
d) specified the issues necessary to meet the requirements of the governance, economic and social management but not yet eligible to build into law or Ordinance.
3. With respect to the proposed construction of the Decree prescribed at points b, c and d of paragraph 2 of this Article shall ensure the following requirements: a) based on the results of research, summarizing the reasoning and practices;
b) meet the requirements of the Government's operating management, solving the problems of society and the issues it is necessary to adjust the legal writing;
c) ensure the implementation of the basic rights and duties of citizens;
d) Must be the preliminary impact assessment the basic policy and the main content of the text;
DD) fit in with the way, advocates, policy of the party and State;
e) fit the content in the international treaties to which Vietnam is a member, or planning to become a Member;
g) the conditions ensuring the implementation of the text must be clearly defined;
h) issuing documents to ensure viability.
4. Ministers, heads of ministerial agencies, government agencies have responsibilities delegated to units of his agency was preparing constructive proposals in the fields of Decree was assigned charge.
The unit was preparing constructive proposal decree to have the following duties:

a) held opinions related units for construction of the Decree; upload a presentation about the proposed construction of the decree and report preliminary impact assessment of the text on the page of electronic information by the Agency during at least 20 (twenty) days to the agencies, organizations, individuals involved in comments;
b) presiding, in cooperation with the relevant units of study, to perfect the record suggest that the construction Decree on the basis of the comments and send suggestions to the legal organizations to aggregate.
5. legal organizations have a responsibility to help the Ministers, heads of ministerial agencies, government agencies perform the following tasks: a) Established to recommend building the Decree related to the industry, the field of his agency in charge on the basis of the proposal of the subdivisions, the recommendations of the Agency individual, organization, and based on the requirements for proposed construction of the Decree provided for in this Article;
b) in the case of need, the proposed Ministers, heads of ministerial agencies, government agencies held a meeting with the units of the Ministry, ministerial-level agencies, government agencies have the participation of the representative of the Ministry of Justice, Government Office, Ministry of finance, the Ministry of Interior to commenting on the proposed construction of the Decree;
c) presiding, in collaboration with agencies, related control units, complete records suggest construction decree to the Ministers, heads of ministerial agencies, government agencies to review the decision.
6. The Ministry, ministerial-level agencies, government agencies have a responsibility to send the proposal to build the Decree provided for in point b, c and d of paragraph 2 of this Article to the Finance Ministry to take comments on the reasonableness of the expected financial resources, the Ministry of the Interior to take comments on the reasonableness of the expected manpower.
7. the proposed construction of the Decree of the ministries, ministerial agencies, government agencies are sent to government offices and the slowest is 1 August of the previous year.
Article 15. Records suggest that the construction Decree of the ministries, ministerial agencies, government agencies sent Government Office and Ministry of Justice 1. The records include: a) the presentation of recommends the construction Decree.
Presentation of recommends the construction Decree detailing implementation of the law, the Ordinance must specify a base, the purpose of the promulgation of the text, the basic policy, the main content of the text.
Presentation of recommends building the Decree prescribed in paragraph 2, 3 and article 14 paragraph 4 of law issued legal documents must clearly state the necessity to enact text; the issues to be addressed and priorities issued text;
b) Decree listing the proposal put on the program, including a text name, agency, time editor presiding over the expected process of Government;
c) reported preliminary impact assessment of the text.
2. Receiving the proposal to build the Decree.
Government offices to receive and examine the records suggest construction Decree of the ministries, ministerial agencies, government agencies.
In the case of records suggest construction Decree does not guarantee the request within a period of 2 (two) working days from the date of receiving the record, government offices have the authority, suggested sending complete records on file.
The agency recommended the additional responsibility of records within the time limit at the latest within 10 (ten) working days from the date of receiving the recommendations of the Office of the Government.
Article 16. Establishment of the construction program is expected to Decree 1. On the basis of recommendations built Decree of the ministries, ministerial agencies, government bodies and the opinions of the agencies, organizations, individuals, government offices, in collaboration with the Ministry of Justice established the construction program is expected to Decree.
In case of need, Government Office, in collaboration with the Ministry of Justice held a meeting attended by representatives of ministries, ministerial agencies, government agencies; representative bodies, related institutions; the expert, scientist to contribute comments on the construction program is expected to Decree.
2. Expects the program to build the Decree based on the following bases: a) in order to implement the laws and ordinances and make the authority of Government;
b) in order to solve social problems and meet the requirements of State management, the implementation of basic rights and duties of citizens;
c) ensure harmony, uniformity of the legal system;
d) ensure the feasibility of the program;
DD) ensure the conditions of drafting and implementation of the text;
e) ensure priority of the text issued according to the provisions in paragraph 3 article 8 of this Decree.
3. Government Office responsible for posting expected the program to build the Decree on electronic information Page from the Government in time of at least 20 (twenty) days to the agencies, organizations, individuals involved in comments.
4. On the basis of these comments, the Government Office, in collaboration with the Ministry of Justice control, improve construction program is expected to Decree to the Government.
Article 17. The Government expects the program to build the Decree of 1. Profile expected built programs the Government Decree include: a) the Sheet about expected Government program to build the Decree, which stated the criteria expected the program's priority; the problems also have different opinions and comments of the Department of Justice, Office of the Government;
b) construction program is expected to Decree, which stated the Agency proposed the construction of the Decree; the name of the text; the need to enact; the basic policy, the main content of the text; object, scope of text; projected resources, ensure conditions for drafting the text; reviews the impact of the text; the expected time of the review, through Government.
2. Expects the program to build the Decree was discussed and adopted at a Government session in October of the previous year.
3. on the basis of the results of the session of the Government, government offices, in collaboration with the Ministry of Justice improve the resolution of the Government on the program construction of the Decree, the Prime Minister signed the promulgation.
Article 18. Responsible for implementing the construction Decree program 1. Government offices are responsible for: a) on the electronic information Page of the Government the Government's resolution on the program construction of the Decree;
b) presiding, in cooperation with the Department of Justice planned construction programme implementation decrees;
c) track, the urge, check drafting to ensure progress on the draft, draft quality;
d) quarterly report the Prime Minister about the situation, the progress of the construction project and the problems arising in the process of implementation of the program to build the Decree;
DD) in the case of need, the Prime Minister reports to consider adjusting the program construction of the Decree.
2. Ministries, ministerial agencies, government agency assigned lead editor is responsible for ensuring the progress of the drafting and the quality of the draft decree; quarterly reports to the Office of the Government of the situation, construction progress and the difficulties and obstacles in the process of building the draft.
Article 19. Suggest adjusting the construction Decree program 1. The program builds the decree can be adjusted in the case prescribed in clause 1 article 12 of this Decree.
2. Ministries, ministerial agencies, government agencies submit written suggestions about adjusting the program construction of the decree to the Government Office and the Ministry of Justice.
In the case of the proposal taken out of the program or adjust the time of the draft, the Agency proposed to have the sheet stating the reason, direction, solutions and execution time.
The case suggested additions to the program to captions about the need to enact text and preliminary impact assessment of the text as specified in this Decree.
3. Office of the Government, in collaboration with the Ministry of Justice study, general recommendations to adjust the program to build the decree by the Prime Minister to decide.
Chapter II DRAFT LEGAL TEXT Item 1 DRAFTING laws, ORDINANCES, and RESOLUTIONS of the Assembly, the COMMITTEE of the NATIONAL ASSEMBLY, DECREES of the GOVERNMENT to article 20. Establishing the drafting Committee 1. Ministers, heads of ministerial agencies, government agency assigned lead text editor established drafting Committee in the following cases: a) the drafting of bills, ordinances, draft resolutions of the Assembly, the Committee of the National Assembly by the Government, except in the case prescribed in clause 1 article 30 of law issued legal documents;
b) drafting the draft decree of the Government.
2. the drafting Committee composition according to the provisions of article 31 and paragraph 1 Article 60 of law issued legal documents.
3. the drafting Committee to terminate the operation and self-dissolution after the text was issued.
Article 21. The principle of operation of the Committee drafting the drafting Committee works according to the following rules: 1. Operate under the collective discussion mode;
2. Ensure the transparency, objectivity and science;
3. the high responsibility of Chief Editor, Editor, Board member bodies, organizations that have members in the drafting Committee;
4. Ensure the coordination between the ministries, ministerial agencies, government bodies and agencies, relevant organizations;
5. Ensure the participation of experts, the scientist.
Article 22. Duties of the head of the drafting Committee of the Chief Editor has the following duties: 1. The decision of the Board work plans drafted;
2. Convene and chair the meetings of the drafting Committee; in case of absence of the Chief, assigned a Deputy Head chaired the meeting;
3. Establishing and directing the activities of the editor;
4. Organizing meetings, workshops, with the participation of experts, scientists, to discuss the big issues, the problems also have different opinions about the content of the project, draft;
5. Suggest the Agency chaired drafting the report, the Prime Minister's opinion about the views, ideas, Project Director draft; the major problems arising in the process of drafting; the different opinions of the members of the drafting Committee on the content of the project, draft;
6. On behalf of the drafting Committee to contact the Agency, organized to solve the problems related to the task of the drafting Committee.
Article 23. Responsibility of the Board member drafting drafting Committee members are responsible for:

1. Full participation in the meetings of the drafting Committee. Case of absence must report and submit comments in writing to the Secretary of the drafting Committee; at the same time, people have the appropriate qualifications to attend the meeting;
2. Perform tasks as assigned by the head of the drafting Committee;
3. Regularly report and opinion leader his agency about the content of the project, the draft.
Article 24. Meeting of the drafting Committee 1. Secretary of the drafting Committee to convene the meeting of the drafting Committee, depending on the nature and content of the project, the draft and asked about the progress of the editor.
2. The meeting of the drafting Committee of the project laws and ordinances have the participation of representatives of the National Assembly inspection agencies, representatives of the National Assembly's laws Committee, representatives of the relevant organizations, organs; experts, scientists and national members.
3. At the meeting, the drafting Committee members discussed the issues stipulated in item 2 Article 32 paragraph 2 and Article 60 of law issued legal documents.
Content drafting Committee meetings must be recorded in the minutes and saved in the project profile, draft.
4. Documents for the meeting of the drafting Committee should be chaired the drafting agencies prepared and submitted to the drafting Committee members most delay is 5 (five) working days, prior to the date of the meeting.
Article 25. Founding editor 1. Secretary of the drafting Committee created to help editors to Ban the editor.
2. National composition not more than 1/2 (part two) members are the experts of the Agency chaired drafting, the remainder is the Agency's experts, the organization represented by the drafting Committee members, experts, scientific understanding of professional issues in the content of the project , draft.
The number of national members at least 9 (nine).
3. the Chief National Committee members is drawn, specified by the Chief Editor, is responsible for reporting the Chief Editor of the work assigned.
4. National members have a responsibility to participate fully in the activities of the editor and is assigned by the Chief Editor of the Nest.
Article 26. Preparing the application for the opinion of the National Assembly Committee on issuing the Decree prescribed in clause 4 article 14 of law issued legal documents 1. The Agency chairing chaired the drafting, in cooperation with the Office of the Government, the Ministry of Justice prepared the application for the opinion of the National Assembly Committee on issuing the Decree prescribed in clause 4 article 14 of law issued legal documents, before the Government.
2. Records including: a) draft decree;
b) Sheets of the Government Committee report of the National Assembly by the Minister, the heads of ministerial agencies chaired drafting, authorized the Prime Minister, on behalf of the Government.
The sheet must indicate the need to enact; the basic policy and the main content of the draft; the range of the adjustment object, text; the problem should please comments and issues are also different opinions;
c) A detailed presentation about the draft and report reviews the impact of the text;
d) report summarizing the enforcement of law, reviews the reality of social relations related to the main content of the draft;
DD) other relevant documents (if any).
3. The Agency chairing chaired the drafting, in cooperation with the Office of the Government, the Ministry of Justice and related agencies absorb fully the draft according to the opinion of the Standing Committee of the National Assembly to the Government.
Article 27. Comments in the drafting process 1. In the process of drafting, the host organization is responsible for drafting opinions of the object subject to the direct effects of the text and of the agencies, organizations, individuals using the method prescribed in item 2 Article 35 of law issued legal documents.
2. The Agency chaired drafting are responsible for stating the issues to please your comments fit with each object needs to get comments and address comments received.
3. The Agency chaired drafting when posting draft page on the Government's electronic information, to the Agency's comments are posted at the same time the report reviews the impact of the text, specify the address and the time limit for receiving the comments; responsible for General, acquiring, explanation of the content, not the opinions involved.
Receiving text or explanation of the comments and the draft was to acquire, modify must be posted on the website of the electronic government, the Agency's lead editor.
4. The Agency chaired drafting is responsible for sending the draft project to ministries, ministerial agencies, government agencies to obtain comments on the content of the project, the draft.
Ministers, heads of ministerial agencies, government agencies are responsible for delivery of the unit was assigned to take charge of areas relevant to the content of the project, draft, in collaboration with legal organizations and other units preparing comments to participate.
Text join comments must be sent the Agency chaired drafting within a period of 20 (twenty) working days from the date of receiving the project, draft.
For the project, draft legal texts concerning the rights and obligations of the business, the Ministers, heads of ministerial agencies, government agency assigned lead responsibility editor sent to the Chamber of Commerce and industry of Vietnam to take the opinions of the business.
Within a period of 20 (twenty) working days from the date of receiving the project, draft legal text, the Vietnam Chamber of Commerce and industry to organize ideas of enterprises; General comments and submitted to the Ministry of Justice, government offices, ministries, ministerial agencies, government agency assigned lead editor.
5. Comments involved must be aggregated according to the following target groups: a) The State administration;
b) expert, scientist;
c) The Assembly, Association, business;
d) objects subject to the direct effects of the text;
DD) other objects (if any).
Article 28. The participation of institutions and individuals in the drafting process In the drafting process of the project, the draft, the Agency chaired drafting can mobilize the participation of research institutes, universities, societies, associations, other relevant organisations or experts, scientists have enough conditions and capacity on the following activities : 1. To summarize, assess law enforcement; reviewing, reviews the legal text;
2. Survey, investigation of sociology; assessment of the status of social relations related to the project, draft;
3. Collection, research, comparison documents, international treaties relevant to the project, draft for draft;
4. Participate activities reviews the impact of the text.
Article 29. Profile processing project, the draft Government Office 1. Government offices are responsible to check the profile project, draft. In the case of projects, the draft does not guarantee the requirements of 2 (two) working days from the date of receiving the record, government offices have the text suggested the Agency chaired additional editor, complete the profile.
The agency recommended additional responsibility, complete records, sent to government offices in the slowest period of 10 (ten) working days from the date of receiving the proposal.
2. Within a period of 7 (seven) working days, from receipt of application, the draft project, government offices have the responsibility to complete the vote process work, stating his assessment comments.
In case the provisions of article 38 of law issued legal documents, at the latest within 7 (seven) working days from the date the Office receives sufficient government records, the Secretary, the Chairman of the Government Office responsible for organizing a meeting between relevant agencies. Within a period of 7 (seven) working days from the date the meeting is held, the presiding agency responsible editor in collaboration with relevant agencies continue to modify, improve, draft project to the Government.
Article 30. Modify the project, after the Government draft for comments about the project, in case the Government draft discussions, through the project, the draft, the Agency chaired the drafting, in cooperation with the Department of Justice, Office of the Government and relevant agencies to complete the project, draft the Prime Minister, authorized the Prime Minister, on behalf of the Government, the Parliament, the Standing Committee of the National Assembly of the project laws and ordinances; the Prime Minister signed the promulgation decree following the discussion, through Government.
Item 2 DRAFT DECISIONS of the PRIME article 31. Draft decision of the Prime Minister 1. Ministries, ministerial agencies, government agency chaired drafting the draft decision of the Prime Minister according to the assignment of the Prime Minister.
2. the assigned agency chaired drafting of organization of the law enforcement situation; survey, evaluate the reality of social relations; information, research material relevant to the content of the draft; preparing the outline, compiled and corrects the draft; the organization took comments; prepare the sheets and documents relevant to the draft.
3. In the process of drafting, the Agency chaired drafting can mobilize the participation of research institutes, universities, societies, associations, other relevant organisations or experts, scientists have enough conditions and capacity to summarize, assess law enforcement; reviewing, reviews the legal text; surveys, investigates the sociology; assessment of the status of social relations related to the draft; collection, research comparing documents, international treaties relevant to the draft.
4. The Agency chaired drafting drafting organization decides, with the participation of the representative of the Ministry of Justice, government offices and agencies, relevant organization.
5. The Agency chairing the organization responsible for drafting opinions of the object subject to the direct effects of the text and of the Agency, organization or individual using the method prescribed in item 2 Article 35 of law issued legal documents.

The Agency chaired drafting are responsible for stating the issues to get the comments fit with each object and receive comments; General, acquiring, explanation of the content of the comments; posted on the website of his agency or receive text comments and the draft was to acquire, modify.
The Agency hosted the editor sent the draft to the ministries, ministerial agencies, government agencies to obtain comments on the content of the draft.
Article 32. Draft record of decision process of the Prime draft record of decision the Prime Minister include: 1. Prime the Sheet on draft decision after receiving comments evaluation.
The sheet must indicate the need to enact text; object, scope of text; the process of drafting and consulted the agencies, organizations and individuals; the problems also have different opinions; explain the basic content of the text, which stated objectives and the policy issues that need addressed, the problem-solving approach, the positive and negative impact of the scheme on the basis of qualitative or quantitative analysis of the costs and benefits, stated the optimal alternatives to solve the problem;
2. The draft decision was justified after evaluation comments;
3. the evaluation report;
4. acquisition Prize report comments evaluation;
5. General comments of the agencies, organizations, individuals on the draft; a copy of the opinion joined by the ministries, ministerial agencies, government agencies; justification to absorb comments;
6. other relevant documents (if any).
Article 33. Check the handle profile and modify the draft decision of the Prime Minister 1. The Government Office responsible for examining draft record of decision and the compliance process for draft.
2. Within a period of 7 (seven) working days, from receipt of application draft decisions, government offices have the responsibility to complete the vote process work, stating his assessment comments.
3. after the Prime Minister for comments on the draft decision, the Agency chaired the drafting, in cooperation with the Ministry of Justice and the Office of Government control, finishing the draft, the Prime Minister signed the promulgation.
Item 3 DRAFT CIRCULARS, CIRCULAR of the Ministers, HEADS of MINISTERIAL BODIES Article 34. Drafting of the circular of the Ministers, heads of ministerial agencies 1. Ministers, heads of ministerial agencies assigned to a unit in the Ministry, ministerial-level agencies chaired drafting the draft circular and sheet construction process.
The sheet must indicate the need to enact text; object, scope of text; the process of drafting and consulted the agencies, organizations and individuals; the problems also have different opinions; explain the basic content of the text, which stated objectives and the policy issues that need addressed, the problem-solving approach, the positive and negative impact of the scheme on the basis of qualitative or quantitative analysis of the costs and benefits, stated the optimal alternatives to solve the problem.
2. the assigned unit chaired drafting is responsible for coordinating with legal organizations and the relevant units of the law enforcement situation; survey, evaluate the reality of social relations in the field related to the draft; research information, the relevant data; preparing the outline, compiled and corrects the draft; the organization took comments; prepare the sheets and documents relevant to the draft.
3. In the process of drafting unit, chaired drafting can mobilize the participation of research institutes, universities, societies, associations, other relevant organisations or experts, scientists have enough conditions and capacity to summarize, assess law enforcement; reviewing reviews the legal text; surveys, investigates the sociology; assessment of the status of social relations are related to the content of the draft; collection, research comparing documents, international treaties relevant to the draft.
4. The opinions in the process of drafting of the circular is made according to the provisions in clause 5 article 31 of this Decree.
5. legal organizations are responsible for appraising the draft circular due to other units in ministries, ministerial agencies chaired drafting. Chaired the drafting unit is responsible for researching, acquiring evaluation comments to draft complete and the records before the Ministers, heads of ministerial signing authorities.
Article 35. Drafting of the circular of the Ministers, heads of ministerial departments, in charge of the field government agencies 1. Pursuant to the request of the State management sector, field or as assigned by the Prime Minister, the heads of government agencies to organize the draft circular to the Ministers, heads of ministerial-level agencies are assigned to the sector management, field signed.
2. The unit heads in the Government presiding over the drafting in cooperation with the relevant units of the law-enforcement situation; survey, evaluate the reality of social relations are related to the content of the draft; research information, the relevant data; preparing the outline, compiled and corrects the draft; the organization took comments; prepare the sheets and documents relevant to the draft.
3. In the process of drafting unit, chaired drafting can mobilize the participation of research institutes, universities, societies, associations, other relevant organisations or experts, scientists have enough conditions and capacity to summarize, assess law enforcement; reviewing, reviews the legal text; surveys, investigates the sociology; assessment of the status of social relations in the field related to the draft; collection, research comparing documents, international treaties relevant to the draft.
4. Heads of Government held in the drafting of the circular, with the participation of representative organizations of the legal representative, the relevant units in ministries, ministerial-level agencies are assigned to the sector management, field.
5. legal organization, ministerial-level agencies responsible for appraising the draft text by the Agency in the Government.
Unit chaired the drafting of government agency text editor is responsible for researching, acquiring evaluation comments to draft complete and the records before the Ministers, heads of ministerial signing authorities.
Article 36. Construction, issued a joint circular of the Ministers, heads of ministerial agencies 1. Ministries, ministerial-level coordinating agency issued a circular to the agreement assigned an agency responsible for presiding over the drafting of joint circular in case the Agency chaired drafting has not been clearly defined.
2. the assigned agency chaired the editor is responsible for the Organization of the law enforcement situation; survey, evaluate the reality of social relations; research information related to the content of the draft; preparing the outline, compiled and corrects the draft; the organization took comments; prepare the sheets and documents relevant to the draft.
3. In the process of drafting, the Agency chaired drafting can mobilize the participation of research institutes, universities, societies, associations, other relevant organisations or experts, scientists have enough conditions and capacity to summarize, assess law enforcement; reviewing, reviews the legal text; surveys, investigates the sociology; assessment of the status of social relations; comparative study of documents, international treaties relevant to the draft.
4. Ministers, heads of ministerial agencies chaired drafting circular drafting organization with the participation of representatives of specialized units, legal organization under the Ministry, ministerial-level agencies chaired drafting, coordinating agency representative issued the text and the body related organizations.
5. The comments in the drafting process of the circular is made according to the provisions in clause 5 article 31 of this Decree.
6. the Agency's legal organization chaired drafting Chair, in coordination with the Agency's legal organization Council issued a written evaluation of the draft circular.
The Agency hosted a research editor, receptive to comments due diligence to complete the draft and the record before the Minister, the Ministerial Council of the agency heads sign the issued.
Chapter III REVIEWS the IMPACT of the TEXT Article 37. Preliminary impact assessment of the text 1. Ministries, ministerial agencies, government agencies when preparing proposed building laws and ordinances, decrees are responsible for preliminary impact assessment of the text in order to determine the issues of society need to be governed by the legal text; arguing the facility to choose the basic policy of the text, ensure the promulgation of the text is the optimal method to achieve the goal.
2. The report preliminary impact assessment should clearly state 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.
3. Draft report preliminary impact assessment must be attached to the data analysis of costs, benefits and a constructive proposal presentation text on electronic information Page of the proposed construction of the text within the time limit of at least 20 (twenty) days to the Agency , organization, individual participants comments.
The Agency made preliminary impact assessment is responsible for finalizing the report on the basis of the ideas involved.
Article 38. Impact assessment prior to and during the drafting of the text 1. On the basis of the results of the preliminary impact assessment, the Agency chaired the drafting of laws, ordinances, decrees are responsible for assessing the impact before text editing and finalizing the report reviews the impact simple in drafting process to ensure that the content of draft regulations are based on the results of impact evaluation and optimal , the most economical way to achieve the goal of management.

The impact evaluation focused on the impact on the economy, society, environment, legal system; the impact on the fundamental rights and duties of citizens; the Agency's compliance capabilities, organizations, individuals and other impacts.
2. The report reviews the impact must clearly state the issue to be addressed and the objectives of the policy, is expected to solve the problem; Choose the optimal approach to solve the problem on the basis of a specific impact assessment solutions to implement the basic policy of the draft text based on the quantitative or qualitative analysis of costs, benefits, the positive effects, negative of each solution.
3. for one of the following cases, you build the report reviews the full impact on the basis of qualitative and quantitative analysis of the impact upon the results of simple impact assessment shows that: a) the text may give rise to costs for 15 (fifteen) billion annually and over to the State the Agency, organization, or business, personal;
b) text can have a significant negative impact on the target groups in society;
c) text can affect a large number of enterprises;
d) text can significantly increase consumer prices;
DD) text many different opinions, is the public interest and have a significant influence on common interests.
4. The draft impact assessment report must be attached to the data, the calculation of costs, benefits and the draft text on electronic information of the Government, the Agency chaired text editor within at least 30 (thirty) days to the Agency , organization, individual participants comments.
The Agency conducted impact assessment is responsible for improving the impact assessment report on the basis of the comments. 39. Impact evaluation after the implementation of the text 1. After 3 (three) years from the date of the law, Decree, Ordinance in effect, ministries, ministerial agencies, government agency chaired drafting is responsible for assessing the impact of writing practices, in contrast to the results of impact assessment in the drafting stage to determine reasonableness feasibility of the regulations. On that basis, make recommendations to the competent authorities 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 Agency chaired text editor within a period of at least 30 (thirty) days to the Agency , organization, individual participants comments.
The Agency conducted impact assessment is responsible for finalizing the report on the basis of the comments and suggestions, send them to the Ministry of Justice to the General, the Government reports.
Article 40. Quality assurance reviews the impact of the text 1. The report reviews the impact of the text to be Ministers, heads of ministerial agencies, government agencies review and approval before sending the records suggest construction of text; profile send draft assessment documents to the Ministry of Justice to the General, the Government reports.
2. Ministers, heads of ministerial agencies, government agencies responsible for the objectivity, accuracy of the content of the impact assessment report.
Chapter IV APPRAISAL of PROJECTS, the DRAFT LEGAL TEXT of items 1 PROJECT APPRAISAL, draft LEGAL TEXTS by the MINISTRY OF JUSTICE and AUTHORITY Made 41. The responsibility of the Ministry of Justice in the evaluation project, draft legal text, the Ministry of Justice is responsible for: 1. project appraisal organization, the draft on time; ensure the quality of evaluation reports;
2. Research the content related to the project, draft;
3. The organization of seminars on the content of the text be appraised before receipt of appraisal;
4. the consultative meeting organized participatory appraisal of authorities, relevant institutions, experts, scientist;
5. Join the Agency chaired drafting the actual survey on these issues in the content of the project, draft;
6. Participation in the activities of the editor, the Editorial Board in the process of drafting the project, draft;
7. The proposal of the Ministry, ministerial-level agencies, government agencies send representatives to coordinate evaluation; 
8. Suggest the Agency chaired drafting presentations about the project, draft and provide information, documentation related to the project, draft;
9. Invites the representative bodies, organizations, professionals, scientists and relevant assessment activities involved.
Article 42. The responsibility of ministries, ministerial agencies, government agency chaired drafting in the evaluation project, draft 1. Ministries, ministerial agencies, government agency chaired drafting project, the draft has the responsibility: a) Send full assessment records to the Ministry of Justice as specified;
b) provides information, related documents; presentation of the project, according to the draft proposal of the Ministry of Justice;
c) send representatives have appropriate qualifications to join the Council of appraisal and assessment meetings as proposed by the Ministry of Justice;
d) invited the representative of the Ministry of Justice, the Office of the Government involved in the process of drafting the project, draft;
DD) in collaboration with the Ministry of Justice, government offices, custom research project, on the basis of draft evaluation comments for submission to the Government, the Prime Minister;
e) acquire and process evaluation comments and Government reports, prime consideration and decision; send the draft text and was receiving the award to the Ministry of Justice and the Office of the Government; posting of the draft have control on the basis of receiving comments on the evaluation of electronic information Page of the Government, of the Agency.
43 things. Project profile, submit draft appraisal 1. Project profile laws and ordinances, the draft decree submitted the evaluation is done according to the provisions in clause 2 Article 36, paragraph 2 Article 63 of law issued legal documents.
The project, the draft submitted to the project's assessment, after the draft was being studied, receiving comments of the participating organizations, agencies and individuals.
2. draft decision records of the Prime sent evaluators include: a) The text of the proposal evaluation;
b) draft documents the Prime on the text;
c) A detailed presentation about the draft;
d) the draft text after receiving comments and suggestions;
DD) A general opinion of agencies, organizations, individuals on the draft text; a copy of the comments of the ministries, ministerial agencies, government agencies; justification, receiving comments about the draft.
3. The number of records sent appraisal is 10 (ten).
Article 44. Receiving the evaluation profile 1. The Ministry of Justice is responsible for receiving and examining project profile, submit draft appraisal.
In the case of records appraisal does not meet the requirements of the regulation, within a period of 3 (three) working days from the date of receiving records, the Justice Department recommended the Agency chaired drafting complementary profiles.
2. The Agency chaired drafting additional responsibility assessment profile within a period of 10 (ten) working days, from receipt of recommended additions.
Assessment time is calculated from the date of receiving the application appraisal.
Article 45. Meeting organizer consultant appraisal in the absence of established authority, when necessary, the Ministry of Justice consultation meetings organized participatory evaluation of representative chairing the drafting, the relevant units of the Ministry of Justice, representatives of the agencies, related organizations experts, scientists.
Article 46. Establishment and operation of the Authority 1. The Minister of Justice established the authority in the cases specified in Article 36 paragraph 1 and paragraph 1 Article 63 of law issued legal documents.
The Council consists of Council President appraisal appraisal, Secretaries and other members representing the Ministry of Justice, the Office of the Government and representatives of the relevant organizations, agencies, professionals, scientists.
Assessment Board members must be an understanding of professional issues related to the industry, the field in the content of the project, the draft.
2. The total number of members of the authority at least 9 (nine).
For project appraisal by the Ministry of Justice, draft presided over drafting the Justice Ministry representatives not more than 1/3 (one third) of the total membership.
For project evaluation, the draft contains complex content, related to many disciplines, many areas do not do justice presided over drafting the Justice Ministry representatives not more than 1/2 (part two) the total number of members.
3. Authority operating under the principles of collective discussion. Authority to terminate the operation and disbanded after reports the evaluation is sent to the competent authorities.
Article 47. The meeting of the Authority 1. The Chairman of the authority is responsible for organizing the meeting evaluation. Board meeting evaluation was conducted only in case of absence of at least 1/2 (part two) the total number of members.
In case of not able to join the meeting, Board members must send the President appraised his comments in writing.
Agency representatives chaired drafting responsibility join session of the Council due diligence.
In case of need, the Ministry of Justice may invite the representative of as objects subject to the direct impact of the text, representative bodies, relevant organizations attended the meetings of the authority.
2. Documents for the meeting of the authority shall be the Ministry of Justice submitted to the members of the Council at the latest valuation is 5 (five) working days, prior to the date of the meeting.
3. At the meeting of the authority, the Agency Representative chaired drafting presented the basic content of the project, draft and explanation about the issues relevant to the content of the project, according to the draft proposal of the members of the Board.
Assessment Board members discuss the content of the evaluation provided for in paragraph 3 to article 36 of law issued legal documents and other issues related to the content of the project, the draft.

The Chairman concluded the evaluation of the content of the meeting on the basis of the opinion of the majority of the members of the Board.
4. the Secretariat of the authority is responsible for recording the minutes of the meeting of the Council.
The minutes must record full of opinions at the meeting. The minutes have to be Chairman and Secretary of the authority.
Article 48. The evaluation report prepared by the authority on the basis of the minutes of the meeting of the Council on the evaluation of 3 (three) working days from the date of the end of the meeting, the Secretariat of the Council prepares draft evaluation report evaluation, the Chairman of the appraisal review , signed the report.
The evaluation report is stamped by the Ministry of Justice.
Section 2 EVALUATION of the DRAFT CIRCULAR by LEGISLATION IMPLEMENTING Article 49. Responsibility of legal organization, ministerial-level agencies in the evaluation of the draft circular of the Ministers, heads of ministerial agencies 1. Draft evaluation organization on time; ensure the quality of evaluation reports.
2. Research the content related to the draft.
3. Join the unit chaired drafting the actual survey on these issues in the content of the draft.
4. request unit chaired drafting presentations on the draft.
5. Suggested drafting Chair unit provides information and documents relevant to the draft.
6. Cooperation with the host unit drafted during the drafting of the circular.
7. Proposed Ministers, heads of ministerial agencies assigned to other units to coordinate evaluation or consultative meetings organized participatory evaluation of the Agency, organization, unit concerned, experts, scientists in the case of the draft have complex content.
Article 50. The responsibilities of the units in the ministries, ministerial agencies 1. Units in the editor presiding, ministerial-level agencies are responsible for: a) Invited representatives of organization legislation drafting activities involved the draft;
b) send the application appraisal to organize legislation, ministerial bodies; to provide information and documents relevant to the draft circular as required by legal organizations;
c) presentations on the draft circular when required by legal organizations;
d) in collaboration with the legal research organization, modify the draft on the basis of the evaluation comments;
DD) explanation in writing about the currency, not the opinions and assessment reports of Ministers, heads of ministerial agencies, at the same time send a copy of the award to the legal organization.
2. The units of ministries, ministerial-level agencies in the scope of the functions, duties, their powers responsibly: a) send representatives have appropriate qualifications to coordinate the evaluation of legal institutions;
b) providing information, documents related to the evaluation at the request of legal organizations.
Chapter V LEGAL TEXT TRANSLATION Article 51. Translation of legal text out foreign 1. Unless the text has the content in State secrets, legal texts following must be translated into English and may be translated into other foreign languages: a) the laws, resolutions of the National Assembly, ordinances, and resolutions of the Committee of the National Assembly;
b) the Decree of the Government, the decision of the Government, the Prime Minister's circular, the heads of ministerial-level agencies have related content or affecting trade in goods, services and intellectual property.
2. The legal texts do not belong to the provisions in clause 1 of this article may be translated into English and other foreign language, unless the text has the content in State secrets.
3. The Agency chaired drafting Chair, in coordination with the Vietnam News Agency translated legal documents specified in clause 1 of this article into English.
4. Translation of legal text out foreign languages to ensure true spirit of the text is translated, ensure the accuracy of the translated text.
5. Translation of legal texts into English prescribed in clause 1 of this article must be posted on the website of the electronic government in the slowest time is 90 (ninety) days from the date of the text published in the Royal Gazette.
6. Translation of legal text out valuable foreign language references.
Article 52. Translation of legal texts, out of minorities 1. Depending on the nature and content of the text, the Secretary, the Chairman of the ethnic Committee decided the room and held the legal text translation out loud minority.
2. A translation of the legal text, the minorities out to ensure true spirit of the text is translated, ensure the accuracy of the translated text.
3. Translation of the legal text, the minorities out there is reference value.
Chapter VI OTHER PROVISIONS Article 53. Drafting, issuing a revised text, Supplement, replace, remove, abolish many of The documents, ministerial-level agencies, government agencies are responsible for issuing recommendations, drafting and submission to the competent authorities or issued under the authority of a legal text to modify Supplement, replace, cancel, void content in many legal texts by the same agency that issued in the following cases: 1. When the need to improve the law to promptly implement the international commitments;
2. When you need to modify, replace, cancel, annul simultaneously text content be modified, superseded, cancelled, repealed in the same field or have close relationships to ensure consistency with the new text was issued;
3. In the text suggest issued with content related to one or more other documents issued by the same agency that in the proposal text issued otherwise with that text.
Article 54. Drafting, enacting legal text in sequence, the shortened procedure 1. In the case prescribed in clause 1 Article 75 of law enacting the legal text, the Ministers, heads of ministerial agencies, government agencies have written to suggest the Prime Minister decided to adopt the shortened procedure, sequence of construction, issued the Decree of the Government the decision of the Prime Minister; the Prime Minister suggested the competent authorities decide to apply simplified procedures, sequences as defined in item 2 Article 75 of law issued legal documents.
The case deem necessary applying the sequence, the shortened procedure in drafting, issued the text of the Parliament, the Committee of the National Assembly, the State President, the Prime Minister directs the ministerial bodies, industry management, relevant sectors prepare text recommended to Prime the organ competent to decide.
2. content of the suggested text as specified in paragraph 1 of this article must clearly state the reason for applying the sequence, the shortened procedure, name text, the need to enact text; object, scope of text; the main content of the text; expects the Agency chaired drafting and time the text.
Article 55. Preparing the opinion of the Government on the proposal of building laws and ordinances of the authorities, the Organization; the proposal of building laws and ordinances, recommendations about the laws and ordinances of the deputies 1. Government offices have the responsibility to gather the suggestions of building laws and ordinances of the authorities, institutions and propose building laws and ordinances, recommendations about the laws and ordinances of the deputies sent the Ministry of Justice.
2. The Ministry of Justice is responsible for research, preparation of comments on the Government's proposed building laws and ordinances of the authorities, institutions and propose building laws and ordinances, recommendations about the laws and ordinances of the deputies, the Prime Minister reported the decision.
The Minister of Justice authorized the Prime Minister, on behalf of the Government, reported the opinion of the Government before the Commission of the National Assembly.
Article 56. Preparing the opinion of the Government with regard to the project of law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly by the Government 1. Within a period of 3 (three) working days from the date received, draft project profile is not due to the Government, the Government Office responsible for the report, the recommendations of the Prime Minister assigned a ministerial body, chaired, in cooperation with the Ministry of Justice prepared the opinion of the Government sends the records of the project, the draft to the ministries, ministerial agencies concerned to take comments.
2. within 5 (five) working days from the date of receiving the application, the ministries, ministerial-level agencies have a responsibility to send the documents involved comments on the content of the project, the draft to the Ministerial organs, are the Prime assignment prepared comments.
3. In case of necessity or at the suggestion of the host preparing the opinion, the Prime Minister decided to discuss the project, the draft at the Government session.
4. On the basis of the text taking the opinion of the Ministry, ministerial bodies or the result of the discussion the members of the Government, Ministers, heads of ministerial-level agencies are prime assigned to prepare the opinion of presiding, in cooperation with the Government Office and the Ministry of Justice General , complete text join comments; authorized the Prime Minister, on behalf of the Government, signed and submitted to the Agency, the Organization drafted.
Article 57. Numbered draft legal text, the Agency chaired the editor responsible for the numbering order of the draft legal text in order to facilitate the monitoring, taking comments for the draft, except construction, issued legal documents in order the shortened procedure, set forth in article 75 of law issued legal documents.
The numbering of the draft legal text is done as follows: 1. The draft 1 is the draft are drafting Committee, chaired the drafting unit heads chaired drafting;
2. Draft 2 is the draft be heads presided over drafting the decision sent and posted on the electronic information Page of the Government or of the Agency chaired drafting to agencies, organizations, individuals involved in comments;
3. The draft 3 draft is to be submitted to the Agency for evaluation after receiving comments of the Agency, organization or individual;

4. The draft 4 is the draft has been receiving comments and evaluation process of the Government review, the decision of Parliament, the National Assembly Commission for the project laws and ordinances; the Government is considering, through to the draft decree; the prime consideration, issued for the draft decision; the Ministers, heads of ministerial agencies reviewed, issued for the draft circular and circular;
5. The draft 5 is the draft was technically control after receiving the opinion of the Government and members before the Prime Minister on behalf of the Government or the authorization to sign the Assembly, the Committee of the National Assembly (the project laws and ordinances); before the Prime Minister signed the promulgation (for the draft decree); After receiving the opinion of the Prime Minister (for the draft decision); the opinion of the Ministers, heads of ministerial agencies before signing the promulgation (for circular and circular).
Article 58. Determine the validity of legal documents 1. Effective date of the legal text must be specified in the legal text the principle prescribed in clause 1 Article 78 and article 79 of law issued legal documents.
2. The Agency chaired drafting are specific expected effective date of the text in the draft text on the basis of ensuring enough time for the public to have access to the text, the conditional execution audience prepare implementation documents.
The case of the legal text of the Prime Minister, the Government slowly than expected, the Government Office in collaboration with the Agency chaired drafting specific determination on the effect of the text after the Prime Minister signed the promulgation.
The date of signing the text issued on the Government Office is releasing the text was signed by the Prime Minister.
Article 59. Signing authority issued legal documents of the Government, the Prime Minister, Ministers, heads of ministerial agencies 1. The Prime Minister signed a decree issued by the Government, the resolution of the President between the Government with the central organ of the social-political organization, the decision of the Prime Minister.
In case of absence, the Prime Minister may authorize a Deputy Prime Minister to sign issued legal documents belonging to his jurisdiction.
2. Ministers, heads of ministerial signing authorities issued a circular of the Minister, the heads of ministerial agencies, circular that Ministers, heads of ministerial authority is a party.
In case of absence, Ministers, heads of ministerial agencies may authorize deputies signed the promulgation of legal texts in his jurisdiction.
Article 60. Numbers, symbols, forms the legal text of the Government, the Prime Minister, Ministers, heads of ministerial agencies 1. The legal text of the Government, the Prime Minister, Ministers, heads of ministerial agencies must be numbered according to the year of enactment and the symbol for each type of legal text as specified in article 7 of law issued legal documents.
The order number to start from number 1 for each type of text in that text type issued.
Legal text President are numbered according to the number of the legal text of the Agency chaired drafting.
2. Abbreviation of legal texts and the Agency issued the legal text is specified as follows: a) the abbreviation of the legal text: Decree abbreviated ND;
Joint resolutions written off is NQLT;
The decision to write off is QD;
Circular stands is TT;
Circular abbreviated TTLT.
b) abbreviated name of the Agency issued legal documents: Government stands is CP;
The Prime Minister is the acronym TTg;
For the name of the ministerial body, then stands in the first letter of each word in the name of the Ministry, ministerial bodies; for the name of the Ministry, ministerial-level agencies linked from "and" don't write off contact from that;
For the name of the President, the Agency stands by the United States in the name of the Agency chaired drafting; short name by capital letters of the name of each participating agency issued a joint text in order of Vietnamese letters.
3. the legal texts of the Government, the Prime Minister, Ministers, heads of ministerial agencies must be issued in the right manner, fully secured the following factors: a) flag;
b) issued Agency Name text;
c) the number and the symbol text;
d) landmarks and date, month, year issued text;
DD) name of the document type, the contents of the text;
e) text content;
g) position, the name and signature of the authorized person;
h) the seal of the issuing authority of the text;
I) recipients.
Article 61. Distinguish the legal text of the Government, the Prime Minister, Ministers, heads of ministerial-level agencies with administrative text 1. The Government issued the legal text by decree to regulations the issue as defined in article 14 of law issued legal documents.
The Government issued the resolution to decide the matter on the task, the solution directs, administration 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.
2. The Prime Minister issued the legal decision to set forth the matters prescribed in article 15 of law issued legal documents.
The decision by the Prime Minister 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 problem then is not a legal text.
The Prime Minister issued the document to urge the implementation of the law, the legal text in the form.
3. Ministers, heads of ministerial agencies issued legal documents by circular form to regulatory issues under the provisions of article 16 of law issued legal documents.
With regard to the issues of program approval, the scheme; 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 similar issues, the Ministers, heads of ministerial agencies, government agencies issued text with the form of decisions, only market.
Article 62. Reviewing, codified the legal text 1. Ministries, ministerial agencies, government agencies are responsible for regularly reviewing the legal documents by Congress, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, Ministers, heads of ministerial agencies issued related to the industry, the field of ministries, ministerial-level agencies , the Agency in charge of Government to timely review, recommendations of the State Agency has the authority to suspend the enforcement, modification, Supplement, replace, cancel or void when: a) the socio-economic situation has changed or when there is new text makes the content of the text has been issued no longer fit;
b) auto detect or get information, requests, recommendations of agencies, organizations, individuals on the legal text that contains content that is unlawful, signs of conflict, overlap, no longer fit.
2. Ministries, ministerial agencies, government agencies are responsible for periodically 5 (five) years codification according to thematic areas, legal texts and regulations valid law enforcement by the National Assembly, the Standing Committee of the National Assembly, State President, Prime Minister, Government , Ministers, heads of ministerial agencies issued related to the industry, the field of ministries, ministerial agencies, the Agency in charge of his Government.
3. in reviewing, codified the legal text, the Ministers, heads of ministerial agencies, government agencies are responsible for: a) Established the category of text and the regulation has been enforced; the category text is still in force, but in which the provisions should be modified, supplemented or rescinded, cancelled in the industry, by sector, ministerial authority, the Agency in charge of his Government;
b) periodically 6 (six) months send Post Gazette text listing, regulation has been enforced; 
c) promptly suspend the enforcement, modification, Supplement, replace, repeal, annulment under the authority or the State Agency has the authority to suspend the enforcement, modification, Supplement, replace, repeal, annulment of the legal text in the case of detection of text have unlawful regulations , does not match the socio-economic situation or when the superior state agencies issued the new text makes the text no longer fits;
d) case detection notification, dispatch, radiogram, guides and other administrative documents containing legal they must promptly suspend the enforcement, handled by the authority or agency recommendations State has the authority to suspend the enforcement and handling in accordance with the law.
4. legal organization chaired, in collaboration with the unit of the Ministry, ministerial-level agencies, government agencies scrutinize, codified legal texts related to the industry, the field of charge as specified in clause 1 and clause 2 of this Thing.
Article 63. Responsible for tracking, reviews the enforcement of legal texts 1. Ministries, ministerial agencies, government agencies are responsible for the annual periodic reviews of the implementation of the text drafted by his host or issued to urge, timely implementation, guide the implementation of the text or propose competent bodies amendments, supplements , abolish the provisions are no longer appropriate.

2. content reviews the enforcement of the text focuses on the following issues: a) the degree of compliance with the Agency's documents, organizations, individuals and the reason of compliance, not in compliance with the text;
b) effectiveness of popular propaganda text;
c) the reasonableness of the provisions in the text;
d) making sure the conditions text enforcement of financial resources, human resources and organizational implementation of the text.
3. Ministries, ministerial agencies, government agencies have a responsibility to submit the assessment report on the enforcement of the law, Ordinance, Decree, the decision of the Prime Minister about the industry, its field in charge (with content stipulated in clause 2 of this) to the Ministry of Justice in October every year to General , the process of Government.
4. legal organizations has the task: a) in collaboration with the unit of the Ministry, ministerial-level agencies, government bodies and agencies involved in evaluating the implementation of the text;
b) track, urging units in ministries, ministerial agencies, governmental agency in evaluating the implementation of the text;
c) synthesis, build the Ministry's annual report, ministerial-level agencies, government agencies about reviews the enforcement documents related to the industry, by sector, ministerial-level agencies, government agencies in charge of the Ministry of Justice, submitted to the General, the Government;
d) urging the unit under the Ministry, ministerial-level agencies, government agencies in drafting texts detailing the implementation of the law, Ordinance, Decree, decision, circular in the tasks of the Ministry, ministerial-level agencies, government agencies.
5. In the tracking, reviews the enforcement documents, the Ministry of Justice is responsible for: a) instructions, urging the ministries, ministerial agencies, government agencies in the evaluation of the implementation of the text;
b) track, urge the ministries, ministerial agencies, government agencies in drafting texts detailing the implementation of the law, Ordinance, Decree, decision;
c) General, Government reports on the State of implementation of legal texts in the nationwide in December every year.
Article 64. Responsibility of Ministers, heads of ministerial agencies, government agencies in improving the quality of legal texts 1. Compliance with the process of construction, issued the text of the legal provisions in the law promulgated legal documents and decrees.
2. Ensure the conditions for the legal text in the Ministry, ministerial-level agencies, government agencies.
3. Training Organization, strengthening policy analysis, expected the program to build the legal text; skills in drafting, assessing the impact, taking the comments the draft; reviews the enforcement of the legal text.
4. Provide information related to the industry, the field by himself in charge when required by the Agency chaired drafting, examining key.
5. The Ministry of Justice is responsible for guidance on processes, methods of assessing the impact of the text; professional guidelines established to recommend building the legal text; the drafting technique; valuation techniques; reviewing, systemize, test the legal text and reviews the implementation of the text.
6. The Ministry of Justice, in collaboration with relevant agencies, technical instructions presented in the legal text of the Government, the Prime Minister, Ministers, heads of ministerial agencies and related legal documents.
Article 65. Guarantee conditions of information for construction activities and improve legal system, Ministers, heads of ministerial agencies, government agencies are responsible for: 1. the technical media equipment, information technology, respond promptly and efficiently to requests access, research and related information processing service of construction activities and review , systemize, test the legal text of the ministries, ministerial agencies, government agencies;
2. Provide documentation, information related to the industry, by sector, ministerial-level agencies, government agencies in charge of catering to construction activities and improve the legal system according to the requirements of the ministries, ministerial-level agencies, government bodies, agencies, other organizations and individuals concerned.
Article 66. Guarantee conditions of the manpower Minister, ministerial heads, government agencies are responsible for: 1. the deployment of officers, the support for the construction of the legal text;
2. Conditions of the entire staff, public servants involved in construction activities and improve the legal system of the Ministry, ministerial-level agencies, government agencies;
3. Based on the actual conditions of the bodies themselves, at least once a year the Organization fostered, enhanced knowledge, skills required for staff, public servants involved in construction activities and improve the legal system.
Article 67. Funding secured to build the legal text and improve the system of law 1. The expense of building the legal text and improve the legal system due to the State budget, is the General estimation in funding operations of ministries, ministerial agencies, government agencies 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) assessment of the Office of the Government on the project, the draft text;
I) reviewing, systemize the text, France legal dictionary;
k) translate the text out, foreign language, ethnic minorities;
l) check, text processing;
m) track, reviews the enforcement documents.
2. The Minister of Justice, in collaboration with the Minister of finance and Minister of Government Office, guidelines for the activities specified in paragraph 1 of this article.
3. The Ministry of finance are responsible for full, timely funding construction of the legal text and improve the legal system.
4. The Agency chaired build text used the funding support from the project, organizations, individuals in and outside the country under the rule of law to added to the expense of building the legal text and improve the legal system.
Article 68. Responsibility 1. The Ministers, heads of ministerial agencies, government agencies responsible for the implementation of this Decree.
Ministers, heads of ministerial agencies, government agencies specifies the sequence, build procedure, issued, scrutinize, systemize, test, handle the legal texts applicable in the Agency.
2. where the provincial people's Committee is the Agency assigned lead drafting the project, draft legal text in the authority issued by State agencies in the Central sequence, the drafting procedure, the applicable text tables according to the provisions of this Decree.
3. Event Editor, issued a joint resolution between Governments with the Central Agency of social-political organization, the order and the procedures to be applied similar to the provisions in section 1 of chapter II of this Decree.
The event Editor, issued a joint circular between Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate, the order and the procedures to be applied are similar to the provisions in section 3 of chapter II of this Decree.
Article 69. Effective enforcement of this Decree in effect enforced since 20 April 2009.
This Decree replaces Decree No. 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law issued legal documents and the law on amendments and supplements to some articles of the law issued legal documents./.