Decree 161/2005/nd-Cp: 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 In Writing Q ...

Original Language Title: Nghị định 161/2005/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Ban hành văn bản quy phạm pháp luật và Luật sửa đổi, bổ sung một số điều của Luật ban hành văn bản q...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The DECREE 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 enacting the 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 November 12, 1996 and the law amending and supplementing some articles of the law enacting the legal text on December 16, 2002;
Considering the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. The object and scope of this Decree, detailing and guiding the implementation of some articles of the law enacting the legal text in 1996 and the law on amendments and supplements to some articles of the law enacting the legal text in 2002 about some common rules in drafting , issued legal documents, about the powers, responsibilities of ministries, ministerial agencies, government bodies and relevant agencies in the Government expected about building laws and ordinances, resolutions of the National Assembly, the National Assembly Standing Committee (hereinafter referred to as the law building program Ordinance) the Standing Committee of the National Assembly; construction programming of resolution, the Decree of the Government; order and procedure drafting of laws, ordinances, and resolutions of the National Assembly, the Standing Committee of the National Assembly; order and procedure for drafting, enacting legal documents of the Government, the Prime Minister, Ministers, heads of ministerial agencies.
Article 2. The project, draft legal text project, draft legal text (hereinafter collectively referred to as the project, draft) the provisions of this Decree is the project of law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly by the Government; the draft legal text of the Government, the Prime Minister, Ministers, heads of ministerial agencies; the draft legal text that The President, the Ministerial Agency is a party to sign the issued or draft resolutions President between the Government with the Central Agency of social-political organisation.
Article 3. The legal text of the State bodies in Central 1. The legal text of the central State authorities under the provisions of this decree must be fully the following elements: a) By State authorities, who have jurisdiction to enact in the form specified in article 1 of law amendments and supplements to some articles of the law enacting the legal text;
b) is issued under the procedure, the order prescribed in the law enacting the legal text, the law on amendments and supplements to some articles of the law enacting the legal text, the provisions of this Decree and the legal texts concerned, c) contains the General rules , applied several times for every object or group of objects and in force in the country or locality (legal);
d) State guarantees made by measures prescribed by the law.
2. The texts by State authorities, who have the authority to enact, but do not have the full range of elements of the legal text as specified in paragraph 1 of this article, such as the resolution of Parliament about the program of building laws and ordinances and resolutions on the law construction program adjustments Ordinance; resolution of the Government on the program construction of the resolution, the Decree; resolution on adjusting the program build resolutions, decrees of the Government; the Decree of the Government to ratify the electoral unit and the number of deputies to the provincial people's Council, the central cities (hereafter referred to as the provincial level); resolutions of the Congress about the dismissal, approval or recall election results deputies and other positions; decision on approval of the project of the stocks and funds the Agency's administrative management unit; decision on the establishment of the Agency, unit; decisions of social-economic indicators for the Agency, unit; decided to set up the Steering Committee, the Council, the Provisional Committee to perform tasks in a defined time; the order of publication of laws and ordinances of the President; decision approving the Statute of the Association, non-governmental organizations; the decision to up wages, reward, or discipline, activity; the decision of appointment, dismissal, resignation, resignation, temporarily suspended the work of officials and public servants; the decision to ratify the election results the members of provincial people's committees; the decision to treat administrative violations; internal normative documents of the agency or unit; individual text to launch movement, praised the good work good; individual text properties only administrative or leadership to guide the professional service and the other individual text to resolve specific cases for specific objects are not legal documents and are not in scope of this Decree.
3. The text contains legal according to the provisions in point c but do not have enough elements are specified at points a, b, d paragraph 1 of this article as the writer, communications, telephone, guide and other administrative documents must be executed and processed promptly under the provisions of the law.
Article 4. Constitutionality, legality and consistency of the system legal text 1. Legal texts by the subordinate State authorities issued must conform to the Constitution and the legal text of the Superior State organs; the legal text of the State organs at the same level on the same issue are consistent with the text of the State organs have specialized management functions on that issue.
2. the legal texts do not guarantee the constitutionality, legality and integrity of the system of legal documents must be promptly suspended the enforcement, annul, cancel, modify, in accordance with the law.
Article 5. The number and the symbol of legal texts 1. The legal text as issued must be numbered by year and issued with the symbol for each type of text.
2. The order of numbering must 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.
3. Sign the legal documents by the Government, the Prime Minister, Ministers, heads of ministerial agencies issued legal documents, contact President shall be as follows: number of text/year released (full record number of years), the initials of the text-the initials of the issuing agency text-President issued text.
4. Abbreviation of legal texts and the abbreviated name of the Agency issuing the legal text is specified as follows: a) on the short name of the legal texts:-resolution of abbreviated NQ;
-Decree abbreviation is ND;
-Decided to write off is QD;
-Abbreviated as CT;
-Circular abbreviated TT;
-Joint resolutions written off is NQLT;
-Circular abbreviated TTLT.
b) about the abbreviated name of the Agency issuing the legal texts:-the Government stands is CP;
-Prime as 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.
Article 6. The time of validity of the legal text 1. Determining the time of validity of laws, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; the legal text of the President is made according to the provisions in clause 1 and 2 Article 75 of law amendments and supplements to some articles of the law enacting the legal text.
In the case of the legal text, account needs to be specified, the right thing, it must clearly define the competent State agencies issued and hạn.ban forecast text issued detailed rules.
The time effect of writing detailed rules must correspond with the time of validity of the text are detailed rules.
In the case of objective reasons that writing detailed provisions have yet to be issued, then within a period of 90 (ninety) days from the date of the text are detailed rules in effect, writing detailed provisions must be issued. This regulation only applies to documents detailing law enforcement guidelines, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; the legal text of the President. The time effect of writing detailed rules in this case are determined as specified in point a, e, e, item 2 of this Article.
2. the legal texts of the Government, the Prime Minister, Ministers, heads of ministerial agencies; legal text President that Government ministries, ministerial agencies, is a party to sign the issued regulations in effect at the time of writing it. Determining the time of validity of the legal text this is done according to the following principles: a) the time of validity of the text must be of 15 (fifteen) days from the date The notice, unless the text of the Prime Minister, government regulation enforcement measures in case of emergency or to be issued to settle the conflict issue then export the time effect of the text can be specified after the signing of issued and must be specified in the text.
b) for text should take time to propagate and disseminate the content of the text object to enforce or to prepare the conditions for the implementation, the effect time of the text later than 15 (fifteen) days from the date The report and must be specified in the text;
c) The regulations in force and earlier of the text is done according to the provisions of article 76 of the law on issuing legal documents;
d) the time of validity of text detailing the implementation is determined by the provisions in points a, b paragraph 2 and paragraph 3 of this article;
DD) with respect to the provisions in the text detailing the implementation of beneficial for objects, the time of the application of that provision is calculated from the time the effect of the text are detailed rules and must be specified in writing detailed provisions.
e) with regard to the rules in writing detailing the implementation of obligations or sanctions be detrimental for the object to apply the effect time is counted from the moment the effect of writing detailed provisions.
3. The time of validity of the legal text has the content in State secrets: a) in the case of legal documents with content in State secrets, but not prescribing enforcement measures in case of emergency or to solve these problems, the unanticipated effect time cannot be earlier than 15 (fifteen) days from the date signed, issued and must be specified in the text.
b) in the case of legal documents with content in the secret state regulation enforcement measures in case of emergency or to solve these problems, the unanticipated effect time can determine from the date signed, issued and must be specified in the text.
Article 7. Signing authority issued legal documents 1. The Prime Minister signed the promulgation of the legal text of the Government, the resolution of the President between the Government with the central organ of the social-political organization to guide the implementation of the problem that the law has regulated the socio-political organizations to participate in State management and the legal text in the authority issued by the Prime Minister. In case of absence or on fields assigned to the Deputy Prime Minister, the Chancellor may authorize Deputy Prime Minister signed the promulgation of legal texts in his jurisdiction.
2. Ministers, heads of ministerial agencies signed the promulgation of the legal text of the Ministers, heads of ministerial agencies, legal text that President of 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 8. Post Gazette legal writing 1. The Post Gazette legal text is made as follows: a) legal texts by the central State Agency issued must be government offices Post Gazette of the Socialist Republic of Vietnam within 15 (fifteen) days from the date of publication or registration issued except for the text content in State secrets;
b) legal texts by the central State Agency issued are specified in point a of this paragraph shall be sent to the Office of the Government within a period of 2 (two) working days from the date of publication or registration issued to Post Gazette;
Text Post Gazette have value as the original.
c) sequence, procedure Gazette legal text to be applied under the provisions of the Government Gazette of the Socialist Republic of Vietnam.
2. the legal texts of the Government, the Prime Minister, Ministers, heads of ministerial agencies, legal text President if not post Gazette shall not be enforceable, except where the text was enacted to enforce the measures specified in the case of an emergency or to resolve the problem of irregular the text, the provisions in force prior to or in the content text State secrets stipulated in point b paragraph 3 article 6 of this Decree.
Agencies, organizations, individuals violating the time limit Post Gazette legal documents, the time limit for submitting the legal text to post The notice prescribed in points a, b paragraph 1 of this article, depending on the nature and extent of the violation and the consequences could be dealt with under the provisions of the law.
Article 9. Revised legal text 1. Legal text after it is issued, Post Gazette, if found to have flaws, they must be revised: a) If errors are the responsibility of the Agency issuing the text then the head or person authorized by the head of the agency that signed the revised text. In case errors are the responsibility of the Government, the Prime Minister, the Chairman of the Government's authorized Office of the Prime Minister signed the revised text;
b) If errors are the responsibility of The agency report, the revised text by the Secretary, the Chairman of the Government Office to sign the revised text.

2. The revised legal documents issued or published The report is based on the collation with the original text and do not alter the content of the provisions in the original text.
The only fix for typos or errors on the form, the technique presented legal text. The fix does not apply to those errors on the base, the authority, the content of the legal texts.
In the case of legal texts make mistakes about the jurisdiction, the content, the legal text which will be enforced and processed promptly under the provisions of the law.
3. revised text must be Post Gazette.
Article 10. Submit legal documents within a period of 3 (three) working days from the date issued, signed the legal text of the Government, the Prime Minister, Ministers, heads of ministerial-level agencies (including joint text) must be sent to the competent authorities, inspection monitoring text processing, defined in Article 81 and 84 of the Act issued legal documents and articles 82 and 83 of the Law Article 82a, amendments and supplements to some articles of the law enacting the legal text.
Article 11. Put the legal text message 1. The legal text to be put on the mass media or on the Internet, except for the text content in State secrets.
2. the legal texts of the central State bodies must be posted on the website (Website) of the Government, except for the text content in State secrets.
3. the legal texts of the central State organs must be sent to the Office of the Government within a period of 2 (two) working days from the date of publication or registration issued to posted on the Government website.
Within the time limit is 2 (two) days from the date of the text, the Government Office responsible for posting the legal text of the central State authorities on the Government's website.
Government Office specifies the Organization, management, use and storage of legal documents on the Government's website.
Article 12. The translation of legal text out foreign 1. The legal documents are issued, published, Post Gazette can be translated into foreign languages.
2. The translation of the legal text out foreign languages must ensure the right content of text; words in the translation must be accurate.
3. Translation of legal text out foreign prescribed in this decree can only reference values.
4. host, Vietnam News Agency coordinate with the Foreign Ministry and the assigned agency chaired drafting legal texts decided the room and are responsible for translating legal texts out foreign languages.
Article 13. The translation of legal texts, out of minorities 1. The legal documents are issued desk, publish or Post Gazette can be translated into the minority.
2. The translation of the legal text, the place of minorities must ensure the right content of text; words in the translation must be accurate.
3. The Chairman of the provincial people's Committee based on operating practices, local governance and the decision to organize the translation of legal texts, the minorities out.
Article 14. Compliance with the provisions on the protection of State secrets drafting comments, appraisal, assessment, and issued legal documents with content in State secrets must comply with the rules on the protection of State secrets.
Article 15. Reviewing, codified the legal text 1. Legal documents by Congress, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, Ministers, heads of ministerial agencies issued must be regularly reviewing the system.
2. Ministries, ministerial agencies, government agencies are responsible for reviewing, codified legal texts by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, Ministers, heads of ministerial agencies issued related to the sector management functions , the field of ministries, ministerial agencies, government agencies.
Legal organization, ministerial-level agencies, government agencies, in collaboration with the unit of the Ministry, ministerial-level agencies, government agencies, codified legal texts related to the management of the sector, the field.
3. Ministers, heads of ministerial agencies, heads of government agencies are responsible for: a) every three years, the organisation codified the legal text in its field, the industry managed to set up a text list is valid, expired, cancelled, abandoned or replaced by other text; text from the catalogue issued is valid, but in which the provisions should be modified, addition or repeal, annulment; send the Post Gazette the list of remaining text effect, text list expired, was cancelled, abandoned or replaced by other text in its field, industry management.
b) promptly suspend the enforcement, modification, Supplement, replace, repeal, annulment under the authority or the State authorities, who have the authority to suspend the enforcement, modification, Supplement, replace, repeal, annulment of the legal text when detecting unlawful, inappropriate to the situation.
Chapter II ESTABLISHMENT of the PROJECTED CONSTRUCTION PROGRAM laws, ORDINANCES, BUILDING PROGRAM, resolutions, DECREES article 16. Proposed construction program laws, ordinances, and resolutions of the National Assembly, the National Assembly Standing Committee (hereinafter referred to as laws and ordinances) and resolution of construction programs, the Decree of the Government 1. Pursuant to article 22 of the law on amendments and supplements to some articles of the law enacting the legal text and article 59 of the law on issuing legal documents and regulatory requirements of the industry, the field by themselves in charge, Ministers, heads of ministerial agencies, heads of Government expected in construction law Ordinances, resolutions, decrees to the Government.
Legal organization, ministerial-level agencies, government agencies have a responsibility to lead, in cooperation with the relevant units to help the Ministers, heads of ministerial agencies, heads of government agencies created the expected building laws and ordinances, resolutions, decrees to the Government.
2. The proposal of building laws and ordinances of the subject has the right to process bills (excluding government) according to the provisions of article 87 of the Constitution of 1992 and recommendations about the laws and ordinances of the deputies was sent to the Ministry of Justice to the Government.
The head of the social organisation, economic organizations and citizens may submit petitions to build laws, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly to the Ministry of Justice; submit building proposals of resolutions, decrees of the Government to government offices.
3. Suggestions, recommendations of building laws and ordinances, resolutions, decrees must clearly state the necessity to enact text; object, scope of text; the views, the main content of the text; the forecast economic and social impact; expected time of the text; financial resources, manpower and other resources to ensure the implementation of the text.
4. The proposal of building laws and ordinances of the Minister, the heads of ministerial agencies, government agencies must be sent to the Ministry of finance to assess expected financial resources, submitted to the Ministry of the Interior to assess the expected human resources (if available) to ensure enforcement of the law After the Ordinance was enacted.

Within 15 (fifteen) working days from the date of receiving the proposal of building laws and ordinances of the Minister, the heads of ministerial agencies, government agencies, the Minister of finance, the Minister of Interior has the responsibility to answer in writing about financial resources, human resources expected to ensure implementation of the law After the Ordinance was enacted.
The proposal of building laws and ordinances of the Minister, the Ministerial agency heads, heads of government agencies submitted to the Ministry of Justice, government offices have to enclose the text of the Ministry of finance, the Ministry of the Interior evaluation of financial resources, human resources expected to ensure implementation of the law After the Ordinance was enacted.
5. Suggestions, recommendations of building laws and ordinances are submitted to the Ministry of Justice, is the latest Government Office on July 1st of the previous year.
Suggestions, recommendations of building laws and ordinances under the term of the National Assembly was sent to the Ministry of Justice, the Office of Government on 1 July of the year of the end of the term of the previous National Assembly.
6. within 10 (ten) working days from the date of expiration of posted suggestions, recommendations of building laws and Ordinances specified in clause 5 of this article, the Department of Justice to complete the preparation of the draft of the Government's projected on the building laws and ordinances in order of precedence promulgated text , based on State management needs, viability of text and synchronization of the legal system.
For suggestions, recommendations of building laws and Ordinances do not meet the criteria specified in paragraphs 3 and 4 of this Article, the Ministry of Justice requested the head of the Agency, and additional personal organization, complete proposals and recommendations.
7. the recommendation of the Ministers, heads of ministerial agencies, government agencies, the recommendations of the head of the social organisation, economic organizations and the construction of citizen resolutions, decrees of the Government were sent to government offices, the Ministry of Justice of November of the year before.
8. The procedures proposed the decree regulating the problems urgently needed but not yet eligible to build into law or Ordinance specified in point b of paragraph 2 to article 56 of the law on issuing legal text is done according to the rules of law building program proposal Ordinances in clause 1, 2, 3, 4, 5 and 6 of this Article.
Article 17. Establishment and the Government expected the program to build laws and Ordinance 1. The Minister of Justice established the Assembly expected the program to build laws and ordinances have the participation of representatives of Parliament, the Office of the Government Office, Ministry of finance, the Ministry of Interior, the Agency, the Organization has suggestions, recommendations and other relevant organizations, to consider draft is expected by the Government on law building program Ordinance.
Assembly expected to work according to the principle of collective, by majority voting.
On the basis of the opinion of the Board, the Minister of Justice decides to submit the draft Government expected by the Government on a program of building laws and ordinances.
2. Government offices are responsible for the assessment of the Government's tentative draft of the program building laws and ordinances by the Ministry of Justice; send the draft assessment report same to Government members to take comments and general comments, reported the prime consideration, decided to give the Government session.
3. Under the direction of the Prime Minister, the Ministry of Justice, in collaboration with the Office of the Government expected the program corrects building laws and Ordinances the Government review, commenting at the session of August every year.
4. After the Government through the Minister of Justice, on behalf of the Prime Minister authorized the Government expected by the Government on a program of building laws and Ordinances before the Standing Committee of the National Assembly.
5. Pursuant to the resolution of Parliament about the program of building laws and ordinances, Government Office, in collaboration with the Department of Justice and related agencies to plan the deployment of the program building laws and Ordinances the prime consideration, decision.
6. Government Office is responsible for sending the decision to deploy the program building laws and ordinances to the Ministers, heads of ministerial agencies, heads of government agencies to implement.
Article 18. Construction programming of resolution, the Decree of the Government 1. Government offices, in collaboration with the Department of Justice and related agencies expected the program set up for three months, six months and a year of construction of the resolution, the Decree of the Government.
2. The program builds resolutions, decrees of the Government is built on the following bases: a) the law enforcement mission, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly and ordered, the decision of the President;
b) state management duties of the Government, the Prime Minister.
c) suggestions, recommendations of agencies, organizations and individuals related to the situation of social-economic development of the country in the jurisdiction of the Government.
3. Office of the Government, in collaboration with the Ministry of Justice organized a meeting of representative participatory bodies, related institutions to consider the proposal, building recommendations resolutions, decrees of the Government. The Agency, which recommended the construction of the resolution, the Decree of the Government send representatives to presentations on the issues related to the proposal, its recommendations.
4. within 5 (five) working days from the date of the end of the meeting specified in paragraph 3 of this article, the Government established the Office expected the program to build the resolution, the Decree of the Government and sent to ministries, ministerial agencies, Government Agency for participation.
Within 10 (ten) working days from the date of receiving the expected construction program resolutions, decrees of the Government, ministries, ministerial agencies, government agencies must submit comments to participate in writing to the Office of the Government and the Ministry of Justice.
5. Office of the Government, in collaboration with the Ministry of Justice corrects projected construction program, resolutions, decrees of the Government the Government in regular session last year.
6. After the Government building program through resolutions, decrees of the Government, government offices have the responsibility to submit the program to the Minister, the Ministerial agency heads, heads of government agencies to implement.
Ministers, heads of ministerial agencies, heads of government agencies to ensure the progress and quality of drafting under the program build resolutions, decrees of the Government.
Three months, Ministers, heads of ministerial agencies, heads of government agencies responsible for the Prime Minister to report on the progress made in the program.
Article 19. 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 are responsible for the full set of the proposed building laws and ordinances of the Agency (excluding government), proposed organizations and building laws and ordinances, recommendations about the laws and ordinances of the deputies sent the Ministry of Justice and the relevant bodies for comments.
2. Within a period of 10 (ten) working days from the date of receiving a set of suggestions, proposals build on laws and ordinances by the Government Office, Ministry of Justice and other relevant bodies must have the written comments sent to the Government Office to gather reports from the Prime Minister.

3. within 10 (ten) working days from the date of receiving the opinion of the Ministry of Justice and related agencies, government offices, reported the prime consideration, decision.
4. The Minister, Chairman of the Government Office, authorized the Prime Minister to have the written comments sent the National Assembly Committee on recommendations, recommendations-building laws and ordinances of the body (except the Government), and Congressman.
Article 20. Adjust the program building laws and ordinances of the Parliament, the Commission of the National Assembly building program, resolutions, decrees of the Government 1. Taken out of the program: for the project, the draft does not guarantee the progress and quality of drafting or not necessary to enact, Minister, Chairman of the Government Office or agency heads chaired drafting recommendations in writing to the prime consideration, decided to petition Congress , The Commission of the National Assembly put off the program of building laws and ordinances; consider the decision taken out of the program construction of the resolution, the Decree of the Government. The text of recommendations must accompany the submission sheet stating the reason taken out of the program, direction and time resolution.
2. Added program: Ministers, heads of ministerial agencies, government agency or Minister, Chairman of the Government Office of recommendations in writing to the Prime Minister to supplement the program of building laws and ordinances of the Parliament, the Commission of the National Assembly; construction program of the resolution, the Decree of the Government of the text need to be enacted to meet the regulatory requirements of areas of social life.
Order additional proposed procedures written into the program of building laws and ordinances; resolution program, the decree is made according to the provisions of articles 16, 17 and 18 of this Decree.
In the case by the State management needs, the Prime Minister directed the urgent drafting decrees to rule the problems urgently needed but not yet eligible to build into law or Ordinance as prescribed in point 56 of the law on Article 2, paragraph b, issued the legal text then the sequence additional procedures on the program construction of the resolution, the decree is made according to the provisions of paragraph 1 and paragraph 3 article 16 of this Decree.
3. The Ministry of Justice, in collaboration with the Office of the Government set up the eel thing planned construction programme law, Ordinance to the Government review, the Standing Committee of the National Assembly; Government offices establish expected adjusted the program build resolutions, decrees of the Government to the Government to review the decision.
4. Government Office is responsible for sending the Ministry of Justice and the ministries, ministerial agencies, government bodies and bodies of relevant organizations, the resolution of Congress of correction program building laws and ordinances of the Parliament, the Commission of the National Assembly; Government resolution on adjusting the program build resolutions, decrees of the Government.
Article 21. The responsibility of the Government Office and the Ministry of Justice in ensuring implementation of the program of building laws and ordinances of the Parliament, the Commission of the National Assembly; the program build resolutions, decrees of the Government 1. The Government Office responsible for the track, urging the Agency to be assigned to preside over the drafting to ensure progress, the quality of the drafting and the duration of the project, the draft.
2. Office of the Government, the Ministry of justice within the functions, tasks and their powers have a responsibility to participate in the process of drafting, project appraisal, assessment law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly; the draft resolution, the Decree of the Government.
Chapter III DRAFTING of BILLS, ORDINANCES, REMOVE the RESOLUTIONS of the NATIONAL ASSEMBLY, NATIONAL COMMITTEE, ATTENDING UNLEASH the RESOLUTION, GOVERNMENT DECREES, NORMATIVE LEGAL LUẠT of the PRIME MINISTER, Ministers, HEADS of MINISTERIAL AGENCIES Article 22. Drafting of bills, ordinances, draft resolutions of the Assembly, the Committee of the National Assembly, the draft resolution, the Decree of the Government 1. The drafting Committee was established under the provisions of the law on amendments and supplements to some articles of the law issued legal documents to draft project law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly, the draft resolution, the Decree of the Government.
The establishment of the drafting Committee and the drafting Committee's activities in the project of law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly by the Government of the Congress, the Standing Committee of the National Assembly, the draft resolution, the Decree of the Government are made according to the regulations on the Organization and operation of the Committee drafting the Government issued by the Prime Minister.
2. the drafting Committee bills and ordinances, draft resolutions of the Assembly, the Committee of the National Assembly by the Government of the Congress, the Standing Committee of the National Assembly at the same time as the Committee drafting the Decree enforcement Guide (if available).
3. In the case of laws, ordinances, and resolutions of the National Assembly, the Standing Committee of the National Assembly have more issues to detailed rules, the Chief Editor is responsible for petitioning the Prime Minister assigned relevant agencies to establish the Committee drafting the text detailed rules enforced.
Article 23. Draft legal text of the Prime Minister 1. The draft decision, the Prime Minister's directive was handed to the Prime Minister, the heads of ministerial agencies, heads of government agencies chaired and coordinated drafting.
In case of need, the Agency chaired the editor decided to Ban the editor. Organization and operation of the Committee drafting the decision, the Prime Minister's directive was done according to the regulations on the Organization and operation of the Committee drafting the Government issued by the Prime Minister.
2. Ministers, heads of ministerial agencies, heads of government agencies was the prime delivery chaired drafting is responsible for the Organization of the law enforcement situation, surveys, reviews the reality of social relations, research information relevant to the content of the draft; preparing the outline, compiled and corrects the draft; organize, prepare papers and documents related to the draft.
Article 24. Draft legal text of the Ministers, heads of ministerial agencies 1. The draft decision, directive, the circular of the Minister, Prime Ministerial authority due to expansion of the Ministers, heads of ministerial agencies directed the drafting.
The unit was the Minister, ministerial affairs agency heads chaired the editor is responsible for the Organization of the law enforcement situation; the survey reviews 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 under the direction of Ministers, heads of ministerial agencies.
2. legal organization, ministerial-level agencies responsible for appraising the draft legal text by other units in ministries, ministerial agencies drafted before the Ministers, heads of ministerial agencies.
3. With regard to the joint text that The Ministerial organs, is a party to sign the issued the drafting also follow the terms 1 and 2 of this Article.
Article 25. Draft legal text of the Ministers, heads of ministerial departments, field management of government agencies as assigned by the Prime Minister

1. Based on the needs of the State management sector, field or as assigned by the Prime Minister, the heads of government agencies to organize the drafting of decisions, directives, circulars to the Ministers, heads of ministerial-level agencies are prime assigned to sign the ban.
The unit heads in the Government presiding 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 modify draft, held opinions; prepare the sheets and documents relevant to the draft under the direction of government agency heads.
2. legal organizations in the Government agency responsible for the draft evaluation decisions, directives, circulars drafted by his agency.
3. Unit chaired text editor is responsible for helping the Government agency heads prepare draft decisions, directives, circulars, Minister Ministerial heads are assigned to sign the issued, records include: a) A detailed presentation on the need to enact text , the basic content of the draft.
b) text of the Organization's appraisal legislation government agency;
c) draft text was modify after the assessment opinions;
d) related documents (if any).
4. After the 15 (fifteen) working days from the date of receiving the Agency's record in Government on the draft decisions, directives, circulars, Ministers, heads of ministerial agencies assigned to sign the issued there responsible for directing legal organization, the unit functions in ministries, ministerial agencies consider when signing.
5. The Heads of government agencies that wish to enact legal text about the industry, its field of responsible management staff, petitioning the Prime Minister assigned, the Ministerial agency heads sign the issued text.
Article 26. The responsibility of the head of the Agency chaired drafting Ministers, heads of ministerial agencies, heads of government agencies was assigned host project drafting laws and ordinances, the draft resolutions of the Assembly, the Committee of the National Assembly, the draft resolution, the Decree of the Government, the draft decision Prime Directive, the Government has the responsibility to: 1. Ensure the operational conditions of the drafting Committee.
2. Coordinate and facilitate the drafting Committee of the law enforcement situation, reviews the legal texts relevant to the current project, draft; survey, evaluate the reality of social relations related to the content of the project, draft; Research Organization of information, documents, international treaties to which the Socialist Republic of Vietnam has signed or joined the related projects, draft.
3. Coordinate and facilitate the drafting Committee took the opinion of the Agency, organizations, individuals and objects subject to the direct effects of the project, draft; Prime Minister's suggestion of posting of the project, the draft on the mass media, on Internet to agencies, organizations, individuals involved in comments.
4. Responsible to the Government, the Prime Minister about the content, quality, and progress on the drafting of the project, the draft.
5. the Chair, in cooperation with relevant organizations, to prepare the draft text of the detailed rules, instructions executed (if any).
6. reporting to the Office of the Government about the progress of drafting the project, draft periodically three months.
Chapter IV TAKING comments on the PROJECT, draft LEGAL TEXTS article 27. Opinions about the project, the draft in the process of drafting the legal documents 1. The project, draft legal text must be given the poll agency, organizations, individuals, objects subjected to the direct impact of the text according to the provisions of the law enacted the legal text, the law on amendments and supplements to some articles of the law enacting the legal text and this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies decide to bring out ideas for the project, the draft was delivered to the Edit after presiding over a collective leadership review agency, agreed.
For these projects, the draft text of the legal provisions related to the rights and obligations of the business, the Ministers, heads of ministerial agencies, heads of government agencies was given the chairmanship of responsible editor sent to the Chamber of Commerce and industry of Vietnam to take the opinions of the business.
Within 20 (twenty) working days from the date of receiving the project, draft legal text, the Vietnam Chamber of Commerce and industry are held opinions of the business, General and sent to the Ministry of Justice, government offices, ministries, ministerial agencies, government agency assigned lead editor.
3. Depending on the nature of the project, the draft, the Prime Minister decided the opinions held by individuals, the Agency chaired the drafting.
Article 28. Poll method bodies, organizations, individuals and the object subject to the direct impact of the legal text 1. The opinions of the agencies, organizations, individuals and the object subject to the direct effects of the legal text on the content of the project, the draft was made by forms: direct poll; the organisation of conferences, seminars; through the mass media and the Internet.
2. The Agency, organization, authorized person responsible opinions prepare the issues to please your comments, suggestion, comment attached to the project, and identify the specific draft addresses the comments received in the case of opinions through the mass media and the Internet.
3. The time taken the opinion of the Agency, organization, individual, subject to the direct effects of legal texts at least 20 (twenty) working days from the date of putting the project out, draft opinions.
Article 29. The preparation process of the Government, the Prime project law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly; the draft legal text of the Government, the Prime Minister 1. The project, the draft Government draft text must be accompanied by detailed rules, instructions executed (if any) as defined in article 7 of the law on issuing legal text.
2. Office of the Government, in collaboration with the Ministry of Justice and the Agency chaired drafting project review, draft legal documents before submission to the Government, the Prime Minister.
3. In the case of Government Office, Ministry of Justice and the Agency chaired drafting system for comments to the Government, the Prime Minister, draft project, the next process is provided as follows: a) for projects of laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly: Government offices, in collaboration with the Agency chaired drafting project, the draft held a meeting to introduce the content of the project, the draft with representatives of ministries, ministerial agencies, government agencies , organs, related organizations.
Within 10 (ten) working days from the date of the meeting Organization, draft project introduction, the body, the research organization must, submit your comments in writing to the participating agency chaired drafting Government Office, to General, to perfect the project, the Government draft.
The Agency chaired drafting is responsible for research, receiving the opinion of the Agency, held to modify the project, draft before sending to the Ministry of Justice to appraise.

b) with respect to the draft legal text of the Government, the Prime Minister, the Agency chaired the editor modify the draft on the basis of receiving the opinion of the Office of the Government, agencies, relevant organizations before submitting to the Department of Justice to assess in accordance with the law.
c) with regard to the draft resolution of the regular session of the Government contains legal, the Government's Decree on the establishment of new, import, splitting and adjusting administrative boundary, draft legal text regulating the measures enforced in the State of emergency or issued to solve the problem of sudden, the Agency chaired drafting corrections management on the basis of receiving the opinion of the members of the Government and Government offices before the Prime Minister signed the promulgation.
In the case of Government Office is the Agency assigned lead drafting the aforementioned text, depending on the particular case, the Secretary, the Chairman of the Government Office decided the assessment opinions of the Ministry of Justice; direction corrects the draft on the basis to absorb comments evaluation of the Ministry of Justice and the comments of the unit assessment expertise in Government Office before submission to the Government, the Prime Minister issued.
4. In the case of Government Office, Ministry of Justice and the Agency chaired drafting inconsistency of opinion to the Government, the Prime project, the draft provisions in the clause 1 and 2 of this Article, the Government Office reported the Prime Minister to review the decision.
Article 30. The organisation contributions comments at the Ministry, ministerial-level agencies, governmental agency upon receipt of the project, the draft legal text of the Agency chaired drafting suggestions to contribute comments, Ministers, heads of ministerial agencies, heads of government agencies to steer the Agency , subdivisions, comment, contribute comments on the project, the draft legal text.
Legal organization, ministerial-level agencies, government agencies are the clue implementation guidance of Ministers, heads of ministerial agencies, heads of government agencies on the discussions, suggestions and comments; General, preparing the text of the feedback, ministerial-level agencies, government agencies:.
The comment text comments about the project, draft legal texts by the head or Deputy Head of The Agency, ministerial-level agencies, government agencies.
Article 31. General comments on the draft of the project, the Agency chaired the editor is responsible for the full synthesis of comments on the project, draft. The comments about the project, the draft of the ministries, ministerial agencies, governmental bodies, authorities, organisations must be put into the profile of the project, along with a draft general comments to the authorities, who have jurisdiction to review the decision.
Chapter V assessment, VERIFY, MODIFY the PROJECT, draft Article 32. Appraisal, assessment project, draft legal text 1. The Ministry of Justice is responsible for project evaluation, draft legal text according to the provisions of article 29 of the law enacted the legal text, the Article 29a, 63 and 65 Articles of amendment, addition of some articles of the law issued legal documents and evaluation regulation legal text.
2. Government offices responsible for undertaking the project, draft legal text after the Agency chairing the drafting process of the Government, the Prime Minister as defined in paragraph 6 article 2 of Decree No. 18/2003/ND-CP dated 20 February 2003 of the Government functions duties, powers and organizational structure of the Office of the Government.
Before the Government session of 20 (twenty) working days, the Agency chaired drafting project, draft legal text must send the entire project, the draft to the Government Office to verify it.
Within 15 (fifteen) working days from the receipt of project records, draft the Government, the Prime Minister, Government Office must have the written assessment comments send the members of the Government.
The evaluation, project assessment, draft legal text is done according to the regulations of the evaluation, verification regulation Government issued by the Prime Minister.
Article 33. The award, receiving the appraisal comments after receiving a written evaluation of the project, the draft, the Agency chaired the editor is responsible for research, acquire, edit project, draft; at the same time explain in writing the next currency valuation opinion.
A project, and the draft has been customised according to your opinion the appraisal must be submitted to the Ministry of Justice and the Office of the Government before the Government, the Prime Minister.
Article 34. Corrects, complete projects, the draft before submission to the Government, the Prime Minister 1. The project laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly; the draft resolution, the Decree of the Government about the issue of different opinions between ministries, ministerial agencies, government agencies, the Secretary, the Chairman of the Government Office to convene the meeting include leadership representatives of ministries, ministerial agencies, government agencies to solve the problem of different opinions before the Government considers decision.
2. Government Office responsible for general comments at the meeting of representatives of ministries, ministerial agencies, government agencies reporting to the Prime Minister to review the decision.
3. Based on the comments from the Prime Minister's direction, the Agency chaired drafted in collaboration with the Office of the Government, the Ministry of Justice, draft project complete process of Government, the Prime Minister.
Article 35. Project profiles, draft the Government, the Prime Minister 1. Project profiles, draft the Government, Prime Minister (except in the case of projects, the draft was continuing, according to the provisions of article 34 of this Decree) include: a) sheets of the Government on bills, draft resolutions, ordinances, decrees after receiving evaluation comments , was the head of the Agency signed and stamped; sheets of the Prime on the draft decision, only after receiving a valuation opinion was the head of the Agency signed and stamped;
b) project, the draft was control after taking the opinion of the evaluators;
c evaluation report);
d) reported receiving award comments evaluation according to the provisions of article 33 of this Decree;
DD) other relevant documents (if any);
e) text draft detailed rules, instructions executed (if any).
2. project profile laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly; resolutions, decrees of the Government is corrects continued, finishing as specified in article 34 of the Decree include: a) sheets of the Government on the project, the draft after receiving the opinion of the Ministry, ministerial-level agencies, government agencies, led by the head of the Agency drafted signed and stamped;
b) project, the draft after receiving the opinion of representatives of ministries, ministerial agencies, government agencies;
c) A synthesis of comments on the draft of the project, representatives of ministries, ministerial agencies, government agencies;
assessment report);
DD) other relevant documents (if any);
e) the draft text of the detailed rules, instructions executed (if any).
3. The number of project records, draft the Government, Prime Minister: a) the number of projects of laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly; the draft resolution, the Government Decree is 80;
b) the number of records the draft decisions, the prime directive is 5.

Article 36. The responsibility of the Office of the Government in the preparation of the content of the discussions on the project, the draft at the Government session in preparing the content of the discussions on the project, the draft at the Government session, Government Office responsible stated in full the issues also have different opinions and comments the appraisal of the draft survey of opinion, government offices to Government members review, discuss.
Article 37. Modify the project after the Government draft, discuss, through 1. After the discussion, through government projects of laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly, the Agency chaired the drafting, in cooperation with the Office of the Government and relevant agencies to complete the project, draft reports and the Prime Minister to review the decision.
2. After the Government for the comments, through the draft resolution, the Decree of the Government and after the prime consideration, decide to sign the decision, the Prime Minister's Office, the Government, in coordination with the authority presiding over the drafting of the relevant agencies and finalizing the technical draft resolution the Government's Decree, decision, directive of the Prime Minister before the Prime Minister signed the promulgation.
Article 38. The Government joined the opinion in the project laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly by the agencies, organizations, deputies draft 1. Within a period of 3 (three) working days from the date of receiving the project of law, ordinances, resolutions and draft the relevant documents by the agencies, organizations, deputies sent editor joining Government comments, government offices have the responsibility to submit to the Ministry, ministerial-level agencies Government agencies, to get comments.
2. Within a period of 15 (fifteen) working days from the date of receiving the application, the ministries, ministerial agencies, government agencies have a responsibility to send the text to join comments on the content of the project, the draft to the Government offices.
3. On the basis of documents involved comments of the ministries, ministerial agencies, government agencies, government offices, and the prime consideration, decided to participate in writing the opinion of the Government; Minister, Chairman of the Government Office, authorized the Prime Minister signed the documents involved the Government's comments on the project of law, Ordinance, draft resolutions and submit to the Agency, organization, deputies draft ordinances, bills, draft resolutions.
Article 39. Commission opinion of the National Assembly, modify the draft decree prescribing the problems urgently needed but not yet eligible to build into law or Ordinance 1. With regard to the draft decree are specified in point b of paragraph 2 to article 56 of the law on issuing legal documents, before the Government issued, Government Office, in collaboration with the Agency assigned lead editor prepares draft records to ask the opinion of the Standing Committee of the National Assembly.
2. the draft decree records opinion the Commission of the National Assembly include: a) draft decree;
b. the Government's Newspaper), the Commission of the National Assembly by the Minister, Chairman of the Government Office, authorized the Prime Minister to sign. In the sheet must indicate the need, purpose, requirements, scope, subjects and main contents of the draft, the problems need guidance and the problems also have different opinions;
c) related documents (if any).
3. Office of the Government, in collaboration with the Agency chaired drafting, finalizing the draft according to the opinion of the Standing Committee of the National Assembly to the Government.
4. In the process of drafting, the Agency chaired the drafting should invite representatives of the relevant committees of Congress join contributing editor, comments on the draft decree.
Chapter VI ENFORCEMENT PROVISIONS Article 40. Ensure funding expected the program to build up the law, ordinances, decrees and resolutions; construction funding, appraisal, assessment project, draft legal text and your funding, codified the legal text 1. Funding expected the program to build up the law, ordinances, resolutions, decrees; funding to build, assess, examine the legal documents from the State budget and are placed in the genus estimation of regularly scheduled programs, the Agency chaired the drafting, evaluation, project assessment, draft legal text, reviewing , codified the legal text; funding to support the construction of the project, draft legal text to be notified for each project, draft and grants the Agency chaired drafting, examining key.
2. The Agency expected the program to build up the law, ordinances, resolutions, decrees; the Agency chaired drafting; Evaluation Agency; project assessment, draft legal text; your organs, codified the legal text responsible for establishment of the planned funding construction of the text in the total budget of the Agency and make true progress, according to purpose, the mission was approved.
3. The Ministry of finance is responsible for the full funding level, on time for scheduled program building laws and ordinances, resolutions, decrees; construction, due diligence, project assessment, draft legal text; Recheck system legal text.
Article 41. Effective enforcement of this Decree takes effect from October 2, 2006. Abolition of Decree No. 101/CP dated 23 September 1997 from the Government detailing the implementation of some articles of the law enacting the legal text.
Article 42. Responsibility 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee is responsible for the implementation of this Decree.
2. for the project, draft legal documents under the control of the State authorities in the Central People's Committee which issued provincial level is assigned agency chaired the drafting process, the drafting procedure, the Board expanded the text is applied according to the provisions of this Decree.

Related Laws