THÔNGTƯ rules of construction, issued legal documents of the Ministry of industry and trade _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to the law enacting the legal text on June 22, 2015;
The French base command for the legal text on March 22, 2012;
Pursuant to Decree No. 34/2016/ND-CP on May 14, 2016 the Government detailing some things law enforcement measures and enacted the legal text;
Pursuant to Decree No. 118/2015/ND-CP on November 12, 2015 the Government detailing and guiding the implementation of some articles of the law on investment;
Pursuant to Decree No. 63/2010/ND-CP on 08 June 2010 of the Government on the control of administrative procedure and Decree No. 48/2013/ND-CP on May 14, 2013 the Government's amendments and supplements to some articles of the Decree relating to the control of administrative procedures;
At the suggestion of the Director of the legislation, the Minister of industry and Commerce issued a circular regulating the construction, issued legal documents of the Ministry of industry and trade.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular rules of preparation; the sequences, procedures established recommendations, expected the program to build the legal text; drafting, evaluation, issued, consolidated legal text by the Minister of industry and Commerce issued or authorized.
2. the text of the legal provisions in this circular includes: a) the laws, resolutions of the National Assembly;
b) Ordinances, resolutions of the Standing Committee of the National Assembly;
c) the Decree of the Government;
d) Prime Minister's decision;
DD) circular of the Minister of industry and trade, circular between the Minister of industry and Commerce and the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate to the provisions regarding the coordination of the implementation of the order, the proceedings.
3. Drafting, issued circulars on technical standards in the field of industry and commerce made under the provisions of the law on technical regulation and the provisions of this circular.
Article 2. The object that applies to this circular apply to General Directorate, Department, Service, Office of the Council, the Office of the Ombudsman, The competition (hereinafter referred to as the unit of the Ministry), organizations and individuals related to the formulation and enactment of legal texts in the scope of governance Industry. 3. Directing the formulation, enactment of legal texts 1. The Secretary directs the comprehensive formulation, appraisal and issued legal documents of the Ministry of industry and trade. 2. The Deputy Minister made the directing the build, assess the legal text as the field is assigned and reported the Secretary before signing.
Article 4. Formula and techniques presented legal text Protocol and techniques presented legal texts comply with the provisions of chapter V of Decree 34/2016/ND-CP on May 14, 2016 the Government detailing some things law enforcement measures and issued legal documents (hereinafter referred to as the Decree No. 34/2016/ ND-CP).
Article 5. Administrative control in construction, issued legal documents 1. During the establishment of the proposed construction of the legal text, which the Ministry is responsible for performing the following activities in addition to making the basis for the proposed construction of the text contains administrative procedures: a) for the proposed construction of the expected text generated new administrative procedure : research clearly number, form and expected to implement each of the administrative procedures, the expected number of objects affected by administrative procedures will be specified in the text;
b) with respect to the proposed construction of the text is expected revise, supplement the existing administrative procedures: practical performance evaluation of the implementation of the current administrative procedures in conformance with objectives, requirements, governance context at the time the enactment procedure and the time of modification Supplement;
c) for the proposed construction of the text does not give rise to new administrative procedures or not to amend and supplement the existing administrative procedures do not need to implement the provisions in point a and point b of paragraph 1 of this article.
2. In the process of drafting the legal documents have defined procedures, the unit hosted the editor is responsible for: a) reviews the impact of the administrative procedure according to the instructions of the Minister of Justice and the rules of operation control of administrative procedures in the field of governance of the Ministry of industry and trade;
b) Agency opinions, control unit administrative procedures as specified in paragraph 5 to article 23 of this circular;
3. Legal Services hosted, in collaboration with the unit chaired the drafting held private opinions with regard to the content of administrative procedure specified under the appropriate forms (consultation, Conference, workshop, seminar, writing ...) in the following cases: a) the text content is still many different opinions about the need , the form of politics, how the implementation of the provisions related to the relationship between Central and local or more ministries;
b) content of administrative procedure have big compliance costs but found has not yet been fully assessed, thoroughly.
Article 6. Control investment lines of business conditions and business investment conditions in the process of establishing recommended building laws and ordinances, decrees, proposed building the unit text has proposed amendments, additional lines of business investment is conditional or business investment conditions are responsible for reporting The leaders signed the document of the Ministry of planning and investing on the following: 1. investment lines of business have the condition or conditions expected business investment modified, added.
2. Analysis of the necessity, the purpose of the amendments, additional lines of business investment is conditional or business investment conditions in accordance with the provisions of paragraph 1, 3 and 4 Article 7 investment law.
3. the modified bases, additional lines of business investment condition or conditions and business investment must comply with.
4. Evaluate the reasonableness, feasibility of the amendments, additional lines of business investment condition or conditions of business investment and conformity with international treaties on investments.
5. Evaluate the impact of the amendments, additional lines of business investment condition or conditions of business investment for State management and investment business of the objects must comply with.
Chapter II PROPOSED BUILDING LEGAL TEXT Items 1 to RECOMMEND BUILDING the LEGAL TEXT of the PARLIAMENT, the COMMISSION of the NATIONAL ASSEMBLY by The GOVERNMENT 7. Proposed plan of building laws and ordinances, resolutions 1. The proposal to build the legal text as specified in articles 8, 9, 10, 11, 12 this circular apply to: a) the law of the National Assembly;
b) Ordinances of the Standing Committee of the National Assembly;
c) resolutions of Congress specified in point b and point c of paragraph 2 of article 15 of law issued legal documents (hereinafter referred to as the Act);
d) resolutions of the Standing Committee of the National Assembly specified in point b of paragraph 2 article 16 of the law.
2. Before implementing the proposal of building laws and ordinances, resolutions stipulated in paragraph 1 of this article, the Ministry plans to propose building laws and ordinances, resolutions (which clearly define the profile preparation time, time, time to send legal verification Service the send time, the Ministry of Justice, the times appraisal review, through the Government) to send Service legislation for comments before the report The leadership review, approval.
Article 8. Records suggest construction law, Ordinance, resolution 1. The recommended unit of building laws and ordinances, resolutions are responsible for preparing records suggest construction laws, ordinances, and resolutions including the material specified in paragraph 1 to article 37 of the Act.
2. The construction of the content and policy impact assessment of policy proposals of building laws and ordinances, resolutions made under the provisions of section 1 of chapter II of Decree 34/2016/ND-CP article 9. Comments for proposed building laws and ordinances, resolutions 1. The recommended unit of building laws and ordinances, resolutions are responsible for organizing the subject's opinions subject to the direct effects of the policies recommended in the building laws and ordinances, resolutions and opinions of the agencies, organizations and individuals concerned with the form specified in article 36 of the law and the provisions of article 10 Article 11, Decree No. 34/2016/ND-CP DATED. 2. The recommended unit of building laws and ordinances, resolutions are responsible for obtaining the opinion of the Ministry of public security of conformity with the requirements of security protection, order.
Article 10. Suggested assessment of building laws and ordinances, resolutions 1. Legal services is responsible for examining the proposal of building laws and ordinances, Conference quyếtdo the unit of preparation before sending the Ministry of Justice to appraise.
Send the profile Service assessment legislation include the documents specified in clause 1 article 8 of this circular.
At the latest on 30 September of every year, the unit suggested building laws and ordinances must send the proposal of building laws and ordinances, resolutions to Service legislation to verify it.
2. Service implementation legislation assessment records suggest construction laws, ordinances, and resolutions within 15 (fifteen) days from the date of the application by the proposal of building laws and ordinances and resolutions.
3. Content of the interrogation focusing on the issues specified in paragraph 3 to article 39 of the Act.
4. Assessment must show clearly the Legal Service's opinion about the content of the assessment provided for in paragraph 3 of this article and the opinions of the Legal Service on the proposed building laws and ordinances, resolutions are eligible or not eligible to send the Department of Justice to assess before submitting to the Government review , through.
Article 11. The evaluation recommended the construction of laws, ordinances, and resolutions suggested unit building laws and ordinances, resolutions is responsible for researching, acquiring, explanation of comments questioning of Service legislation to modify, complete the profile suggested building laws and ordinances, resolutions and the leadership of the Ministry of Justice sent to evaluation as specified in paragraph 2 to article 39 of the Act.
Article 12. The Government review, through the proposal of building laws and ordinances, resolutions 1. The recommended unit of building laws and ordinances, resolutions is responsible for research, explanation, absorb the opinions of the evaluators to modify, improve the proposal of building laws and ordinances, resolutions and at the same time submit proposals building laws and ordinances, resolutions have been modify accompanied by justification , acquiring for the judiciary when the Government according to the provisions in paragraph 2 of this Article.
2. the recommended unit building laws and ordinances, resolutions are responsible for reporting the Government leaders to consider, through the proposal of building laws and ordinances, resolutions of 20 (twenty) days before the session of the Government Organization. The Government records include the documents prescribed in paragraph 2 to article 40 of the Act.
3. On the basis of the resolution of the Government through the proposal of building laws and ordinances, resolutions, proposed construction units responsible for text, in collaboration with legal Services finalizing the record suggest building laws and ordinances, the resolution the Ministry approval at the latest before December 15 of every year to submit the Ministry of Justice as specified in paragraph 4 of this Article.
4. At the latest on 31 December of every year, the profile suggested building laws and ordinances, resolutions were approved by the Ministry according to the provisions in paragraph 2 of this Article shall be sent to the Ministry of Justice to establish the Government's proposal on the program of building laws and ordinances for the year after next year (the year the expected Congress , The Commission of the National Assembly).
For example: at the latest December 31, 2016, records suggest building laws and ordinances must be sent to the Ministry of Justice to establish the Government's proposal on the program of building laws and ordinances for 2018.
Section 2 the PROPOSAL of BUILDING the LEGAL TEXT of the GOVERNMENT, the PRIME MINISTER, the MINISTER of INDUSTRY and TRADE, article 13. The proposal to build the Decree stipulates in paragraph 2 and paragraph 3 of article 19 of law 1. Units the construction Decree proposal the provisions in paragraph 2 and paragraph 3 of article 19 of law are responsible for preparing records suggest construction of the Decree includes the documents specified in article 87 of the law. The construction of the content policy and reviews the impact of the policy in the building Decree proposal made under clause 2 8Thông investment.
2. the recommended unit build responsible Decree opinions subject to direct impact of the policy in the building Decree proposal; take the opinion of the Agency, the organisation concerned by the method prescribed in article 86 of the law and the provisions of article 10, article 11, Decree No. 34/2016/ND-CP; and opinions of the Ministry of public security of conformity with the requirements of security protection, order.
3. Service legislation is responsible for verification of records suggest construction Decree of the units of the Ministry of Justice prior to the evaluation.
Send the profile Service assessment legislation include the documents prescribed in paragraph 1 of this article.
4. Service implementation legislation assessment records suggest construction Decree within 15 (fifteen) days from the date of the application by the construction Decree proposal sent to.
Content assessment focused on the issues specified in paragraph 3 to article 88 of the Act. Assessment must show clearly the Legal Service's opinion about the suggested profile building Decree eligible, need to further improve or not eligible to send the Department of Justice to assess before submitting to the Government review, through.
5. the proposed unit construction Decree is responsible for research, receiving the opinion of the Inspection Service legislation to modify, complete records suggest the construction Decree and the leadership of The Ministry of Justice to verify as prescribed in clause 2 Article 88 of the Act.
6. On the basis of research, exposition, receiving comments, the Justice Department's evaluation unit suggest the construction Decree is responsible corrects, complete records suggest construction Decree the Ministry approval before submitting to the Government review, through prescribed in item 2 Article 89 of the law.
Article 14. The proposal to build the Decree stipulates in paragraph 1 article 19 of the Act, the decision of the Prime Minister, the circular/circular 1. With regard to Decree the provisions in article 19 paragraph 1 of the Act, records suggest construction include: a) presentation about the proposed construction of the Decree, which stated the name of the text; the necessary legal bases, issued the text; the basic policy, the main content of the text; expected category administrative procedures (if any);
b) information about the Agency chaired drafting, secured resources for the formulation of the text, the expected time the Government (specifically to months);
c) reported preliminary impact assessment of the text;
d) A reviews the expected administrative procedures (if any).
2. With regard to the decision of the Prime Minister, records suggest construction include: a) presentation about the proposed construction of the decision, which stated the name of the text; the necessary legal bases, issued the text; the main content of the text; expected category administrative procedures (if any);
b) information about the Agency chaired drafting, secured resources for the formulation of the text, the expected time the Prime (specific to the month);
c) A review procedure scheduled (if available).
3. for circular/circular, records suggest construction include: a) the presentation of recommends construction of circular/circular, which stated the name of the text; the necessary legal bases, issued the text; the main content of the text; expected category administrative procedures (in case of traffic laws);
b) information about the Agency chaired drafting, secured resources for the formulation of the text, the expected time to enact (specific to the month);
c) assessment procedures expected (in case the traffic laws regulating administrative procedure).
4. Before sending Service legislation to verify as prescribed in point b of paragraph 1 to article 16Thông of this investment, the proposed building legal documents specified in clause 1 and clause 2 of this responsibility to submit the records to the Ministry of public security to get comments on the conformity with the requirements of security protection , order.
Chapter III CONSTRUCTION PROGRAM in the LEGAL TEXT of the article 15. The program to build the legal text of the 1. The program to build the legal text of the Ministry of industry and trade (hereinafter referred to as the program) are based on a synthesis of the tasked the competent bodies, the recommendations of the unit in the Ministry of Legal Affairs and are verified.
2. The program includes the following principal contents: a) the name of the legal text should be built, issued;
b) process or grant issued for each text;
c) the time for each text (specific to the month);
d) chaired the drafting unit for each text;
DD) other necessary content.
3. The program issued by the Minister each year according to the Model in annex 1ban attached theoThông investment and can be the Minister decided to regulate supplements as defined in article 20Thông of this investment.
4. The program is the basis for the allocation of funding support for the formulation of the legal text.
Article 16. Prepare the program 1. The units of the Ministry is responsible for: a) send suggestions of building laws and ordinances, resolutions, the Decree stipulated in article 8 and article 13 this circular were passed to Service legislation to General, brought into the program;
b) send the proposal to build the legal text the provisions of article 14Thông of this investment to Service legislation to verify it, General, reported the Secretary look, put on the program.
2. The time limit for submitting the proposal to build the legal text the provisions in clause 1 of this article shall be as follows: a) Before 15 December every year for the proposed building laws and ordinances and resolutions for the year after next year (year expected the Parliament, the National Assembly Standing Committee);
b) Before 30 September each year for the proposed construction of the Decree of the Government, the Prime Minister's decision for next year;
c) before 31 October of each year for the proposed construction of the circular/circular for next year.
3. Agencies, organizations, individuals may submit recommendations to the construction law, ordinances, decrees in writing to Service legislation or through the electronic portal of the Ministry of industry and trade (www.moit.gov.vn). Legal services is responsible for chairing, in collaboration with the units of The aggregate consideration of recommendations to the Minister reports.
Article 17. Verify that the proposal to build the legal text 1. Legal services is responsible for verification of records suggest construction of legal text specified in article 14Thông of the investment unit of the Ministry for the Ministers to consider putting on the program.
2. where the proposed profile does not meet the requirements specified in article 14Thông of this private, within 5 (five) days, the legislation proposed in The supplementary units, complete.
3. Service legislation make verification within 7 (seven) days from the date of the proposed profile enough to build legal texts guarantee required by the units of the Ministry.
4. verify content mainly include: the necessary legal bases, issued the text; scope, object applies; the basic policy of the text; computer sync, feasibility, compliance with the law and current Vietnam with the international treaties to which Vietnam is a Member; conditions of guarantee to build and execute the text. As for the proposal to build the legal text has the specified administrative procedures, Legal Service opinions for expected administrative procedure regulations. With respect to the proposed construction of the legal text of a decree related to the issue of gender equality, the legal opinion regarding the mainstreaming of gender equality issues in the draft text.
5. During the investigation, if the need to clarify the related content, the Unit recommended the construction of text have accountability with legislation about the content.
Article 18. Enact the programme 1. The base profile assessment results suggest building the legal text of the units of the Ministry, Service program and draft legislation submitted to the unit in the Ministry to get comments and posted on the electronic portal of the Ministry of industry and trade (www.moit.gov.vn) to the Agency, organization, individuals who join the opinion.
2. On the basis of the opinion of the units of the Ministry, agency, organization, individual, Service legislation corrects, complete draft program and the Ministers reviewed, issued at the latest on 31 December of each year.
Article 19. The programme 1. Unit heads chaired drafting responsibility: a) guarantee the progress of the drafting process, the quality of the draft text;
b) perform periodic report mode (week, month, quarter, year) or extraordinary about the implementation of the program send Service General legislation, reported The leadership or competent bodies.
As for the legal text is slow progress, heads of unit chaired drafting report stated the cause of the slow progress and suggest remedies;
c) time send report 6 (six) months prior to June 15, and reports years ago on November 15 each year.
2. Legal Services is responsible for: a) urge and synthesis report on progress on the implementation of the program;
b) reported the Minister issues arising during the implementation of the program;
c) draft report 6 (six) months, annual or extraordinary about the legal text according to the direction of The leadership or the request of the competent authority.
3. The results of the program as one of the criteria to evaluate the emulation of the units of the Ministry.
Article 20. Adjust, additional program 1. The additional adjustment, the program is implemented in the following cases: a) taken out of the program for the legal text not yet issued or required is no longer necessary to enact due to a change in the socio-economic conditions;
b) added to the program of the text by legal requirements of State management in the field of management of the Industry or are modified, supplemented 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 editor or by the quality of the draft text is not guaranteed.
2. When there are adjustments, additional programs, units of The proposed adjustments, additional responsibility to send Service legislation suggested text to adjust, Supplement program which stated the contents need adjustments, additional and specific explanation. Additional recommendations for the legal text on the program as defined in point b of paragraph 1 of this article must have a full profile according to the provisions of article 13 and Article 14Thông of this investment.
3. Service legislation is responsible for assessment, General adjustment proposal, additional programs and process of review, the Minister issued the decision to adjust, additional programs at the latest on the 15th of July each year.
4. where necessary, the Legal Services review, reviews the implementation of the program as of December of every year and the recommendations of Ministers put off the program text can not complete in that year because of objective reasons.
Chapter IV DRAFT LEGAL TEXTS article 21. Drafting of laws, ordinances, resolutions, decrees of 1. With regard to laws, ordinances, resolutions, drafting is done through drafting and Editorial Board as prescribed in articles 52, 53, 54, 55 of the Act and articles 25, 26, 27 Decree No. 34/2016/ND-CP DATED. 2. Unit heads chaired drafting organization with the mission to build the draft decree on the basis of Government policy was adopted for the Decree stipulates in paragraph 2 and paragraph 3 of article 19 of law; ensure consistency of the decree with the provisions of the text are detailed rules with regard to Decree the provisions in clause 1 of article 19 of the code.
In case of need, the unit hosted the editor can report the Minister established the national Editorial Board to draft the Decree prescribed in point b item 2 Article 90 of law and articles 25, 26, 27 Decree No. 34/2016/ND-CP case not established drafting Committee then chaired the drafting unit can report the Minister established the national to draft the Decree.
Article 22. Draft decision of the Prime Minister, the circular/circular 1. The draft decision of the Prime Minister, the circular/circular was made through the nest.
2. Unit heads chaired drafting must complete the process of review, the Ministers decided to set up the nest drafted within 30 (thirty) days from the date of promulgation of the program.
The nest editor decision of Prime must be composed of Chief's unit leader chaired the drafting and the members are representatives of the Ministry of Justice, government offices, Legal Services and agencies, organizations and individuals concerned.
Draft circular nest of Ministers is composed of the Chief Representative is chairing the drafting unit and its members is to represent Service legislation, represent the units, organizations and individuals concerned.
The nest draft circular by the Ministry of industry and Commerce chaired drafting must be composed of Chief's unit leader chaired drafting and members representing Service legislation, represent the units, organizations and individuals concerned.
3. The nest Editor is responsible for the detailed planning and organizing the preparation of draft legal text quality, ensure the progress delivered by the program.
Article 23. Opinions in the process of drafting the legal documents 1. In the process of drafting, drafting Chair unit are opinions of the agencies, organizations, individuals and objects subject to the direct effects of the draft legal text using the method specified in article 57, article 91, paragraph 2 d Article 97, paragraph 2 Article 101 paragraph 3, Article 110 of the law.
2. for those projects, draft legal texts containing provisions that directly affect the rights, obligations, benefits of people and enterprises, host unit responsible editor sent to the Vietnam Fatherland Front, the Chamber of Commerce and industry of Vietnam to take the opinions of front and enterprises.
3. With regard to the draft legal text in the authority issued by the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister is related to security, order, presided over the drafting units are responsible for obtaining the opinion of the Ministry of public security of conformity with the requirements of security protection , order.
4. The unit is responsible for drafting chaired the organization took comments of the relevant units of the Ministry with regard to the draft legal text. The units are responsible for comments when it was offered to join the opinion. The recommended unit heads join comments are responsible to the Minister about non-participation or slow taking comments and bottlenecks, arising (if any) related to the content of State management under the responsibility of the unit.
5. With regard to the draft text of the legal provisions, administrative procedures before sending the Service legislation to assess unit chaired drafting must send the Agency's opinions, the control unit the administrative procedure according to the following rules: a) opinions administrative control Bureau (Ministry of Justice) for the administrative procedures prescribed in the draft law Ordinances, decrees of the Government, the decision of the Prime Minister;
b) Legal Service opinions with respect to the administrative procedure prescribed in the draft circular of the Minister in case be assigned law regulating administrative procedure.
Article 24. General, receiving comments and modify the draft legal text 1. Host unit responsible for drafting, research, synthesis, explanation opinions of authorities, organizations and individuals; the comments of the Bureau of administrative control, Legal Service for content regulation of administrative procedure in the draft legal text to modify the draft legal text. The case of not receiving comments, the Chair must explain specific editor.
The next currency comments with regard to the provisions of the administrative procedure in the draft legal text is shown in the text, the award sent administrative control Bureau or Service legislation.
2. After you modify the draft legal text as specified in paragraph 1 of this article, the unit hosted the reporting editor and ask for direction of The leadership in charge of the schedule, content, these complex issues, the issues are also different opinions with regard to the draft legal text.
After the opinion of The leadership in charge of the unit, chaired the drafting is responsible corrects the draft legal text. If it deems necessary, the host can continue drafting opinions joined by agencies, units, organizations and individuals concerned within and outside the Department.
Article 25. Drafting legal documents in sequence, the shortened procedure
1. Laws, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; the Decree of the Government, the Prime Minister's decision in the case of an emergency or to stop the effect the whole or part of the legal text in a certain period or need to modify the right to suit the new legal text enacted shall be constructed , issued according to the order, the shortened procedure provided for in articles 146, 147, 148, 149 of the Act.
2. The circular should be issued to that effect at the same time has the effect of law, ordinances, decrees of the Government, the Prime Minister's decision mentioned in paragraph 1 of this article or the circular building requirements, process or issued the Folding Unit chaired Ministerial report editor review , which enables text that's not establishing drafted according to the provisions of article 21 of this circular.
Chapter V EVALUATION of the DRAFT LEGAL TEXT of Article 26. Send the draft legal text for Service assessment legislation 1. Host unit responsible editor send text draft profile legal jurisdiction enacted by Congress, the Standing Committee of the National Assembly, the Government, the Prime Minister to Service legislation to assess before the leaders of The review, the Department of Justice to deposit appraisal under the provisions of the law.
2. Unit chaired drafting is responsible for applying the draft circular/circular to Service legislation to assess before the Ministers reviewed, signed.
Article 27. Send the profile Service legislation evaluation 1. Chaired the drafting unit can send by a paper or electronic copy to Service legislation to assess. The case submitted by a paper, the number of records sent Service legislation to assess is 6 (six).
2. for projects of laws and ordinances, the draft resolution, suggested evaluation records include: a) the sheets of the Government on the draft project, draft;
b) draft text;
c) assessment procedures in the project, the draft text, justification about receiving comments of the Bureau of control procedures, if during the project, the draft text contains provisions of administrative procedure;
d) report on integrating gender equality issues in the project, draft, if during the project, the draft has provisions relating to the issue of gender equality;
DD) A general interpretation, receiving comments and suggestions; snapshot of the opinions of the ministries, ministerial agencies;
e) other materials (if any).
3. With regard to the draft decree, records suggest that evaluators include: a) to draft the Papers the Government on the draft decree;
b) draft decree;
c) report, the award, receiving the opinion of the Agency, organization, personal and object under the direct impact of the text; snapshot of the opinions of the ministries, ministerial-level agencies, government agencies;
d) A rating procedure, justification about receiving comments of the Bureau of control procedures, if in the draft decree administrative procedures;
DD) report on integrating gender equality issues, if in the draft decree related to the issue of gender equality;
e) other materials (if any).
4. With regard to the draft decision of the Prime Minister, suggested evaluation records include: a) the Sheet draft Prime about the draft decision;
b) the draft decision;
c) report, the award, receiving the opinion of the Agency, organization, personal and object under the direct impact of the text; snapshot of the opinions of the ministries, ministerial-level agencies, government agencies;
d) A rating procedure, justification about receiving comments of the Bureau of control procedures, if in the draft decree administrative procedures;
DD) report on integrating gender equality issues, if in the draft decree related to the issue of gender equality;
e) other materials (if any).
5. With regard to the draft circular/circular, records suggest that evaluators include: a) the draft Documents the Minister about the draft circular/circular;
b) draft circular/circular;
c) A general interpretation, receiving the opinion of the Agency, organization, personal and object under the direct impact of the text; snapshot of opinions;
d) impact assessment report; a review of administrative procedure, justification regarding receiving opinions of the Legal Service, in the case of traffic laws regulating administrative procedure;
DD) report on integrating gender equality issues (if any);
e) other materials (if any).
Article 28. Receiving record evaluation 1. Legal services is responsible for receiving and examining draft profile legal texts by the units sent to the appraisal.
2. where the dossiers sent the evaluation do not meet the requirements specified in article 27Thông of this private, within a period not exceeding 3 (three) days from the date of receiving documents, Legal Services Unit suggested additional drafting Chair profile.
Article 29. Organization of the evaluation 1. Legal services is responsible for evaluation of the draft legal text due to the units sent to.
2. With regard to the draft circular contains regulations that directly affect the rights, obligations, benefits of people, enterprises, involving multiple disciplines, many fields or by the Legal Affairs chaired the drafting proposed legislation Services Ministry established valuation Advisory Council under the provisions of article 48 of Decree 34/2016/ND-CP. 3. Time limit for assessment organization: a) not more than 10 (ten) days from the date of Service legislation receive a full profile assessment proposals for the draft law, ordinances, decrees of the Government, the decision of the Prime Minister;
b) not more than 7 (seven) days from the date of Service legislation receive a full profile assessment proposals for the draft circular/circular;
c) not more than 5 (five) days from the date of Service legislation receive a full profile assessment proposals for the draft legal text is built, issued according to the order, the shortened procedure.
4. where necessary, the legislation proposed subdivisions presided over drafting explanation on the draft legal text for the work of the evaluation.
5. With regard to the draft legal text, also the problems that various opinions, Legal Services in collaboration with the unit of presiding Editor to handle. In case of need, the proposed legislation The leaders presided over a meeting with the unit to discuss the issues before the evaluation organization.
Article 30. Content content evaluation appraisal the draft legal text focuses on the following issues: 1. The suitability of the content of the draft laws and ordinances for the purpose, scope, requirements, policy recommendations building laws and ordinances have been adopted.
The suitability of the content of the draft decree with the text are detailed rules with regard to Decree the provisions in clause 1 of article 19 of law; the suitability of the content of the draft decree with the policies that have been adopted in the proposed construction of the decree for the Decree stipulates in paragraph 2 and paragraph 3 of article 19 of the code.
2. The need to enact text, objects, the scope of the text with respect to the decision of the Prime Minister, the circular/circular.
3. The suitability of the content of the draft text with the way, advocates of the party, the State's policy.
4. Constitutionality, legality, uniformity of the draft text with the legal system; compatibility with the relevant international treaties to which the Socialist Republic of Vietnam is a member.
5. The necessity, reasonableness and cost of compliance with the administrative procedure in the draft text, if the text in the draft decree administrative procedures; the mainstreaming of gender equality issues in the draft text, if the text in the draft regulations related to gender equality issues.
6. guarantee conditions the human resources, finance, to ensure the implementation of the text.
7. language, techniques and procedures, procedure for drafting the text.
Article 31. The meeting evaluation 1. Legal services is responsible for organizing the meeting evaluation. With regard to the draft legal text with content related to technical factors, the contents are also many different opinions, the legislation could invite representatives chaired the drafting unit, experts, technicians and other related units participated in the meeting evaluation.
2. The meeting evaluation was conducted according to the following sequence: a) leadership Service legislation, the Chairman of the Advisory Council of the appraisal statement of reasons the meeting;
b) rapporteurs provided information related to the project, draft legal text, stating his opinions about issues in the scope of the evaluation;
c) members attending the meeting discussions and statements of opinion, focusing on the problems in the evaluation scope specified in article 30Thông of this investment;
d) Legal Service leader/Chairman of Council general assessment comments and conclusions.
3. the rapporteurs are responsible for recording the minutes of the meeting evaluation with full of opinions at the meeting to serve as a basis for the draft assessment report. The minutes must be led Service legislation, the Chairman of the Advisory Council of the appraisal.
Article 32. Assessment report 1. On the basis of the minutes of the meeting evaluation, slow for 3 (three) days from the end of the meeting the appraisal, Legal Services are responsible for completing the assessment report unit sent chaired drafting according to the evaluation report Form in Appendix 3 attached to this circular.
2. Unit chaired drafting is responsible for research, explanation, absorb the opinions of Legal Services assessment/valuation Advisory Council to modify, finalize the draft text before The leaders sign the report submitted to the Ministry of Justice or the Minister signed the evaluation.
Chapter VI, RELEASED, PUBLISHED, translated, CONSOLIDATED LEGAL TEXT to article 33. Opinions about Ministry leadership project, draft legal text 1. The project, draft legal documents before submission to the Government, the Prime Minister or the Ministers signed the enactment must be sent to the leaders of the Ministry to get comments.
2. Unit chaired drafting is responsible for sending the Service legislation project, draft legal text was modify according to the evaluation of the Ministry of Justice (for the project, draft legal text in the authority issued by the National Assembly, the Standing Committee of the National Assembly The Government, the Prime Minister) or the opinions of Legal Services assessment (for circular and circular) to organize the poll leader follow leader poll Form at Appendix 3 attached to this circular.
3. within 5 (five) days from the date of project records, draft legal text, the leaders of the Ministry responsible for commenting on The leadership poll Votes and send Service legislation.
4. Service legislation is responsible for synthesizing the opinions of the leaders of the Ministry and chaired the drafting unit sent to the award, receiving comments and corrects, complete project, draft legal text, the Government, the Prime Minister or the Ministers to sign.
Article 34. The Government, the Prime project, draft legal text unit chaired drafting is responsible, in coordination with the Legal Service prepared project profiles, draft legal documents to the Secretary of the Government, the Prime Minister according to the following provisions project profile: 1. the laws and ordinances, the draft resolution of the Government, including: a) the Sheet on the project, draft;
b) draft text has been justified after evaluation of the opinion of the Ministry of Justice;
c evaluation of the report); justification, acquiring evaluation comments of the Ministry of Justice;
d) assessment procedures in the project, if the project has a defined administrative procedures;
DD) report on integrating gender equality issues in the project, if the project contains provisions relating to the issue of gender equality;
e) A general interpretation, receiving comments and suggestions;
g) other materials (if any).
Documents specified in points a, b and c of this paragraph was submitted by a paper, the remaining documents are sent by post.
2. The profile draft decree the Government including: a) the Sheet the Government on the draft decree;
b) draft Conference địnhđã be modify after the assessment opinions of the Ministry of Justice;
c evaluation of the report); justification, acquiring evaluation comments of the Ministry of Justice;
d) A general interpretation, receiving the opinion of the Agency, organization, personal and object under the direct impact of the Decree;
DD) assessment procedures in the draft, if in the draft decree administrative procedures; report on integrating gender equality issues in the draft, if in the draft decree related to the issue of gender equality;
e) resolutions of the Government through the policies recommended in the building decree with regard to Decree the provisions in paragraph 2 and paragraph 3 of article 19 of law;
g) other materials (if any).
Documents specified in points a, b and c of this paragraph was submitted by a paper, the remaining documents are sent by post.
3. the draft decision on the record the Prime Minister include: a) the sheets of the Prime on draft decisions;
b) draft decision was justified after evaluation of the opinion of the Ministry of Justice;
c evaluation of the report); justification, acquiring evaluation comments of the Ministry of Justice;
d) assessment report on the impact of the policy in the draft decision;
DD) A general interpretation, receiving the opinion of the Agency, organization, or individual;
e) other materials (if any).
Documents specified in points a, b and c of this paragraph was submitted by a paper, the remaining documents are sent by post.
4. Justification of appraisal comments to the Ministry of Justice attached to the draft text was modify must at the same time be sent to the Ministry of Justice when the Government, from the Prime project, draft legal text specified in item 1, item 2, paragraph 3 of this article.
Article 35. Provide information to build the press 1. Within a period of 3 (three) days from the date of the Decree of the Government, the Prime Minister's decision was issued, the unit hosted the editor is responsible for sending the Service legislation the information to build the press form to provide information to the press building in annex 5 attached to this circular. Sending information serves to build the press is done by dispatch form and email.
2. Within a period of 2 (two) days from the date the information was received by the sending unit as defined in paragraph 1 of this article, the responsible legislation, provide information to the Ministry of Justice on the legal text of the Government, the Prime Minister assigned by the Ministry of industry and trade, chaired drafted to serve the construction of the press.
Article 36. Announced investment of business conditions and investment conditions for overseas investors 1. With respect to the laws and ordinances, decrees have regulations on investment and business conditions and investment conditions for foreign investors, the unit hosted the editor is responsible for the leadership of The Ministry of planning and investment content about business investment conditions business and investment conditions for foreign investors, as defined in item 2 article 12 and item 2 article 13 of Decree 118/2015/ND-CP on November 12, 2015 the Government detailing and guiding the implementation of some articles of the law on investment for publication on the portal of national business registration.
2. The time limit for sending the Ministry of planning and investment announced content investment and business conditions and investment conditions for foreign investors, as defined in paragraph 1 of this article is 5 (five) days from the date the law, Ordinance, Decree is issued.
Article 37. The register issued Circular/Circular 1. The Minister signed the records issued circular/circular include: a) the Papers of Ministers on draft circular/circular;
b) draft circular/circular took control after the opinion of the Legal Service evaluation;
c evaluation of the Service report) legislation; justification, acquiring evaluation comments;
d) A general interpretation, receiving the opinion of the Agency, organization, personal and object under the direct impact of the draft;
DD) impact assessment report; a review of administrative procedures in case of traffic laws regulating administrative procedure; the report mainstreaming gender equality issues (if any);
e) draft decision announced the administrative procedures prescribed in the draft (if any);
g) A gain, the opinions of the leaders of the Ministry;
h) other materials (if any).
2. The draft circular/circular process Ministers sign the issued must have adequate material specified in paragraph 1 of this article; the signature off of unit leaders chaired drafting; the signature off of leadership Service legislation in the corner to end every page of the draft text and the signatures of the Chief of the Department on the last position in the "place of receipt" as defined in clause 2 article 9 Regulation (model) clerical work, the archive attached to circular No. 04/2013/TT-BNV on 16 April 2013 by Secretary of the Interior Ministry building Guide clerical work regulation construction, storage of bodies, organizations.
Article 38. Released, the Post Gazette, post and courier for circular/circular 1. Release circular/circular: a) after the text is the leader issued, the unit hosted the editor is responsible for sending The Office 2 (two) text has been signed the attached electronic version and is responsible for the accuracy of the electronic version compared to the original circular/circular;
b) Office responsible to the Ministry circular, stamped, archive, duplicate, send circular/circular to agencies, organizations and individuals, according to the "recipients" and send the profile for the host unit.
2. Post Gazette, post and Courier: a) within a period of 3 (three) days from the date of signing, The Office is responsible for sending the circular/circular (a paper and electronic version) to government offices to Post Gazette and posted on the electronic portal of the Government , The electronic portal of the Ministry of industry and trade, except text has the content in State secrets under the provisions of the law on State secrets.
b) within a period of 3 (three) days from the date of signing, The Office is responsible for sending the circular/circular to the Bureau examined the legal text, the Ministry of Justice and Legal Services to test according to the regulations.
3. Service legislation is responsible for posting the full text of the circular/circular on national database of law 15 (fifteen) ngàykể from the date of signing.
Article 39. Published administrative procedures 1. Administrative procedures after being issued, modified, supplemented, replaced, rescinded or cancelled must be declared by a decision of the Minister of industry and commerce. Units presiding over the drafting of legal texts are responsible for building the decision announced the administrative procedure as soon as the legal text has the content of the regulations on administrative procedures was issued.
2. construction process, issued the decision announced administrative procedures made under the guidance of the Minister of Justice announced the administrative procedure.
3. Unit chaired drafting is responsible for sending the decision announced administrative procedures to the Legal Service to the public on the website of the http://kstthc.moit.gov.vn and send it to the Agency, the relevant units.
Article 40. Consolidated legal text 1. The revised text, the addition of a number of articles in the legal text should be merged with the technically revised text supplements.
2. The units of the Ministry is responsible for implementing the consolidated legal text by his unit chaired drafting, ensure the xácvề main content and the best techniques of the draft consolidated text and the Ministers signed the consolidated text authentication time prescribed in clause 3 and clause 5 article 6 article 7 consolidated Ordinance text legal as follows: a) with regard to the legal text of the Government, the Prime Minister: within 5 (five) days from the date of the revised text, supplemented by government offices, the unit hosted the editor responsible conduct and the Ministers signed the consolidated text authentication;
b) for circular/circular: within 5 (five) days from the date of signing, presided over the drafting unit is responsible for conducting and the Ministers signed the document authentication.
3. After completion of the merger of the legal text, the unit hosted the editor send posted the best text on the electronic Gazette and the electronic portal as follows: a) with regard to the legal text of the Government, the Prime Minister chaired the drafting unit: send a text for The Office to send the posted up Government Office Portal the Government's electronic information and submit the electronic Gazette within 2 (two) days from the date the Secretary signed authentic;
b) for circular/circular: application host editor send text for The Office to post up the electronic portal of the Ministry of industry and Commerce and the electronic Gazette post immediately after the Ministers signed the document authentication.
4. Reporting: the best host unit legal text responsible for reporting on the implementation of consolidated legal text of its periodic Unit 6 (six) months, annual or irregular send Service legislation, reported the head of the đạoBộ.
Article 41. Translate legal documents 1. Legal services, in coordination with the Vietnam News Agency and the units concerned to translate the text of the legal provisions in Articles 102 paragraph 1 of Decree 34/2016/ND-CP by the Industry chairing compose thảovà in conditions that allow the other text can be translated into English or other foreign languages.
2. The translation of the text is done in the form of individual institutions hire expertise.
3. Translation of legal documents into English or other foreign language to ensure the spirit of the text is translated, ensure the accuracy of content bảnđược room and only have reference value.
Article 42. Popular legal texts 1. Legal services, in collaboration with the unit of presiding Editor to build common plan text new legal.
2. The unit is responsible for drafting Chair actively collaborates with Service legislation to disseminate the new legal text was issued.
Chapter VII IMPLEMENTATION Article 43. Ensure human resources and infrastructure for the formulation, enactment of the legal text, The leaders, the heads of the units of the Ministry within the scope of the functions, duties, their powers responsibly redeploying officers, funding support, media work, information , the conditions necessary for the preparation, drafting, participate in comments, appraisal, issued legal documents.
Article 44. Funding to support the construction, issued legal documents 1. Financial services is responsible for implementation of the funding allocation from the State budget for construction, issued the legal text of The current regulations.
2. On the basis of the funds from the State budget, the legislation process of the leader, the decision to allocate funding to support the construction, issued legal documents for the unit in The form decided to allocate funds to support the construction, issued legal documents in Appendix 2 attached to this circular.
3. Science and technology are responsible for the layout, the allocation of the funding for the research of the scientific and practical arguments serve the dựngcác legal text has the scope, subject to broad, complex, potentially causing major impact unit construction chaired by the text proposed in accordance with the provisions in the guidelines to build science and technology plan of the Ministry.
4. The unit is funding construction of legal text responsible use of funds supported by the financial regime, ensure sufficient valid evidence of lawful, according to current rules.
The Office is responsible for guiding the unit perform the use and cost of each legal text.
Article 45. Reviews the work of construction, issued legal documents Legal Service responsible for summary, summarizing, evaluating and quarterly report submitted to Minister of the hànhvăn Committee, the legal version of the.
Article 46. Merit 1. Tempo Editor, quality built legal text is one of the bases for evaluation, review, reward annually for individuals, units of the Ministry.
2. Based on the results of text construction units have special achievement excellence, Legal Service, in collaboration with the Service emulation-rewarded and the units concerned to consider suggestions about Ministry leadership rewarded extraordinarily.
Article 47. Handle responsibility 1. The unit was given the lead text editor are not legal review emulation, rewarded in the year of khicó on 50% of the text in the program been slow progress from 3 (three) months without good reason.
2. Service legislation not be consider emulating, rewarded in years when there are over 50% of the text is not timely appraisal rules địnhmà no reason.
3. The leader is given the task of directing the building of the legal text as the field is assigned that to slow the progress of the criticism of The leadership collective.
Chapter VIII-provisions implementation of Article 48. The terms of reference of cases the text referenced in this circular are replaced or modified, supplemented the following replacement text or text was amended and supplemented.
Article 49. Effect 1. This circular effect since 1 July 2016, replacing circular No. 01/2011/TT-BCT on May 31, 2010 the Minister of industry and trade regulations on the building, appraised and issued legal documents of the Ministry of industry and trade and circular No. 13/2013/TT-BCT July 9, 2013 of the Minister of industry and trade revised supplement some articles of circular No. 01/2011/TT-BCT.
2. The units of the Ministry and other organizations and individuals concerned is responsible for the implementation of this circular.
3. in the implementation process, if there are difficulties and obstacles, agencies, units, organizations, personal reflection on the Industry (Legal Service), to study, to solve.
