DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON PROMULGATION OF LEGAL DOCUMENTS AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON PROMULGATION OF LEGAL DOCUMENTS

THE GOVERNMENT

Pursuant to the law on organization of the government dated december 25, 2001;
Pursuant to the law on promulgation of legal documents dated november 12, 1996 and the law on amendments, supplements to a number of articles of the law on promulgation of legal documents dated december 16, 2002;
Upon the request by the minister of justice;

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Object and scope of regulation

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Article 2. Bills, draft legal documents

A bill, a draft legal document (herein after called as bills, drafts) provided for in this Decree is a bill, a draft ordinance, a draft resolution by the National Assembly, the Standing Committee of the National Assembly, which is submitted by the Government; a draft legal document by the Government, the Prime Minister, a Minister and by the Head of a ministerial-level agency; a draft joint legal document which is signed for promulgation by the ministry, the ministerial-level agency as a party or a draft joint resolution by the Government and the central office(s) of a socio-political organization(s).

Article 3. Legal documents promulgated by state agencies at the central level

1. A legal document promulgated by a state agency at the central level shall have to, as provided for in this Decree, fully have the following factors in full:

a. Being promulgated by a competent state agency, a competent person in the form prescribed in Article 1 of the Law on Amendments, Supplements to a Number of Articles of the Law on Promulgation of A legal document;

b. Being promulgated under the order, the procedure prescribed in the Law on Promulgation of A legal document, in the Law on Amendments, Supplements to a Number of Articles of the Law on Promulgation of A legal document, according to the provisions of this Decree and of the concerned a legal document,

c. Containing the common bahaviour code, being applied many times to all the objects or to a group of objects and be effective nation wide or in certain individual localities

d. Ensuring to be implemented with the measures stipulated by law.

2. A document promulgated by a competent state agency, person which does not sufficiently contain the factors of a legal document prescribed in Article 1 of this Decree, such as: resolution by the National Assembly on programmes of elaborating a law, an ordinance and a resolution on amendments of programmes of elaborating a law, an ordinance; a resolution by the Government on programmes of elaborating a resolution, a decree by the Government; a decree by the Government on ratifying election units and number of members of People’s Council at the provincial, centrally-run city level of (herein after called as provincial level); a resolution by the National Assembly on de-promotion or on ratifying the results of the election of National Assembly deputies and other positions; decisions on ratifying projects of blockgrant of staffing and administrative fund of agencies, units; decisions on establishing agencies, units; decisions on assigning socio-economic criteria to agencies, units; decisions on establishing temporary steering committees, councils, committees which carry out activities in a certain time; a directive by the State President on announcing a law, an ordinance; decisions on approving working rules of associations, non-Government organizations; decisions on salary increase, commendation and rewarding, discipline, secondment, appointment, de-appointment, de-promotion, allowing to resign, temporary suspend from work; decisions on ratifying the results of elections of People’s Committee members at the provincial level; decisions on handling administrative violations; normative documents promulgated by agencies, units for internal application; particular documents for the purpose of launching a movement of competition, praising good people with good action; particular documents for the purpose of administrative direction, management or of professional guidelines and other particular documents for the purpose of handling a specific affair of a specific object are not a legal document and do not fall into the regulation of this Decree.

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Article 4. Constitutionality, legality and conformity of the system of legal documents

1. A legal document promulgated by a state agency at lower levels shall have to be conform with the Constitution and a legal document promulgated by state agencies at a higher levels; a legal document promulgated by a state agency at the same level on a same issue shall have to conform with a legal document promulgated by a state agency having a function to implement specialized management over such the issue.

2. A legal document that is contrary to the Constitution, a law and not unified with the system of a legal document shall have to be suspended from being implemented, annulled, abolished.

Article 5. Serial number and code of legal documents

1. A legal document promulgated shall have to be given with a serial number of the year of its promulgation and a code of the type of the legal document.

2. Numbering a legal document shall have to start at 01for respective legal document types of the year of promulgation.

A joint legal document shall be given a serial number which is defined for a legal document of the agency taking the main responsibility for elaborating it.

3. The code of a legal document promulgated by the Government, the Prime Minister, a minister, the head of a ministerial-level agency, of a joint legal document shall be defined as follows: serial number/year of promulgation (the number of year)/abbreviated name of the legal document - abbreviated name of the agency promulgating the legal document - joint agency/agencies .

4. Abbreviated names of legal documents and abbreviated names of agencies promulgating legal documents shall be defined as follows:

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- Resolution as NQ;

- Decree as NĐ;

- Decision as QĐ;

- Directive as CT;

- Circular as TT;

- Joint resolution as NQLT;

- Joint circular as TTLT.

b. Regarding abbreviated names of agencies promulgating legal documents:

- The Government as CP;

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- In case of a ministry, ministerial-level agency, the abbreviated name shall include the first letters of the words included in its name in the capital form; With regard to the abbreviated name of a ministry, ministerial-level agency containing the junction word as “and”, the junction word shall not be included in it;

- In case of joint agencies, the abbreviated names shall be the abbreviated name in the capital form of the agency taking the main responsibility for the elaboration of the legal document and the abbreviated name(s) in the capital form of the agencies taking part in the elaboration of the legal document;

Article 6. Effective time of legal documents

1.Effective time of a law, a resolution by the National Assembly; an ordinance, a resolution by the Standing Committee of the National Assembly; a legal document by the State President is provided for in items 1 and 2 of Article 75 of the Law on Amendments, Supplements to a number of articles of the Law on Promulgation of Legal Document.

In case of a legal document with an article, an item that needs providing in details, the agency competent to promulgate the legal document and the promulgation time of the legal document shall have to be clearly defined in such the article, item.

Effective time of a legal document in details shall have to conform with its promulgation time.

In case that a legal document in details is not promulgated due to an objective reason, it shall have to be promulgated no later than ninety (90) days since the date of becoming effective. This provision is only applied to legal documents in details, legal documents providing for guidelines to implement a law, a resolution by the National Assembly; an ordinance, a resolution by the Standing Committee of the National Assembly; a legal document by the State President. Effective time of a legal document in details shall be, in this case, defined according to the provisions of points a, d, e of item 2 of this Article.

2. A legal document by the Government, the Prime Minister, a minister, the head of a ministerial-level agency; joint legal document signed for promulgation by the Government, ministries, ministerial-level agencies as a party shall have to provide for the effective time. Defining effective time of a legal document shall be based on the following principles:

a. 15 days after the date of its publishment on the Gazette except for legal documents by the Government, the Prime Minister which provides for an action measure(s) to be applied in an emergency circumstance(s) or which are promulgated to deal with sudden affairs, whose effective time may be defined after the signing for promulgation and shall have to be provided for in details in these documents.

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c. Defining the retro effective time of a legal document shall be subject to the provisions in Article 76 of the Law on Promulgation of A legal document.

d. Effective time of a legal document providing for implementation in details is defined according to the provisions of points a, b of item 2 and item 3 of this Article.

đ. With regard to a provision(s) of a document providing for in details the implementation which is beneficial for the object of application, its application time shall be defined as the effective time of the documents and shall have to be provided for in details in the document.

e. With regard to a provision of a documents in details which provides for in details obligations or sanctions which cause disadvantages to the object of application, its effective time shall be defined as the effective time of the document.

3. Effective time of a legal document containing a state secret(s):

a. With regard to a legal document containing a state secret(s) but not providing for an action measure(s) for an emergency circumstance(s) or not serving the purpose of dealing with a sudden affair, its effective time shall be no later than 15 days since the date of signing for promulgation and shall have to be provided for in details in the document.

b. With regard to a legal document containing a state secret(s) and providing for an action measure(s) for an emergency circumstance(s) or serving the purpose of dealing with a sudden affair, its effective time shall be defined as the date of signing for promulgation and shall have to be provided for in the document.

Article 7. Competence of signing legal documents for promulgation

1. The Prime Minister shall sign for promulgation legal documents of the Government, joint resolutions of the Government and central offices of socio-political organizations to provide guidelines on the implementation of the affairs over which the socio-political organizations take part in state management as stipulated by law and legal documents falling under the Prime Minister’s competence of promulgation. In case of his/her absence or based on the specialties assigned to Deputy Prime Ministers, the Prime Minister may authorize a Deputy Prime Minister to sign for promulgation legal documents falling under the his/her competence.

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Article 8. Publishing a legal document on the Gazette

1. Publishing a legal document on the Gazette shall be implemented as follows:

a. A legal document promulgated by a state agency at the central level shall have to be published on the Gazette by the Government Office no later than fifteen (15) days since the date of the announcement or signing for promulgation, except for the legal documents containing state secrets;

b. A legal document promulgated by a state agency at the central level prescribed in point a of this item shall have to be sent to the Government Office no later than two (2) working days since the date of the announcement or signing for promulgation to be published on the Gazette;

A legal document published on the Gazette shall be worth an original one.

c. The order, the procedure of publishing a legal document on the Gazette shall be subject to the regulation by the Government on the Gazette of the Socialist Republic of Viet Nam.

2. A legal document by the Government, the Prime Minister, a minister, the head of a ministerial-level agency, a joint legal document shall take effect if it is not published on the Gazette, except for the documents which are promulgated to provide for action measures to be taken in emergent circumstances or to deal with sudden matters, the documents having retro effect or the documents containing state secrets prescribed in point b of item 3 of Article 6 of this Decree.

An agency, an organization, an individual person who violates the provisions on time of legal document publishment, legal document sending for publishment on the Gazette prescribed in points a, b of item 1 of this Article shall be, depending on the nature and degree of the violation and the consequence, handled as stipulated by law.

Article 9. Correcting legal documents

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a. If the error falls under the responsibility of the agency promulgating the legal document, the head or the person authorized by the head of the agency shall sign the correction document. If the error falls under the responsibility of the Government, the Prime Minister, if the Minister, thethehairman of the Government Office shall, under the authorization given by the Prime Minister, sign the correction document.

b. If an error falls under the responsibility of the Gazette agency, the Minister, Chairman of the Government Office shall sign the correction document.

2. Correcting a legal document which has been promulgated or published on the Gazette shall have to be based on a comparison with the original document and ensure that there is no change to the content of any provision in the original documents.

Correcting a legal document is only allowed to an error related to the spelling or the format, the technical statement of the legal document. Correcting a legal document is not allowed to any error related to the basis for its promulgation, the promulgation competence, the content of the legal document.

In case a legal document contains an error related to the promulgation competence, the content, it shall be suspended from being implemented and dealt with as stipulated by law.

3. A correction document shall have to be published on the Gazette.

Article 10. Sending legal documents

No later than three (3) working days since the date of the signing, a legal document by the Government, the Prime Minister, a ministers, the head of a ministerial-level agency (joint documents included) shall have to be sent to the agency having competence to supervise, examine and process the legal document as prescribed in Articles 81 and 84 of the Law on Promulgation of Legal Documents and Articles 82, 82a and 83 of the Law on Amendments, Supplements to a Number of Articles of the Law on Promulgation of Legal Documents.

Article 11. Announcing legal documents

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2. A legal document by a state agency at the central level shall have to be posted on the Government ‘s Website, except for the legal documents containing state secrets.

3. A legal document by a state agency at the central level shall have to be sent to the Government Office no later than two (02) working days since the date of the announcement or signing for promulgation in order to post on the Government ‘s Website.

No later than two (02) working days since the date of receiving a legal document, the Government Office shall have to post the legal document on the Government’s Website.

The Government Office shall regulate in details the organization, the management, the utilization and the archives of a legal document posted on the Government’s Website.

Article 12. Translating legal documents into foreign languages

1. A legal document promulgated, announced, published on the Gazette may be translated into foreign languages.

2. Translating a legal document into foreign language shall have to ensure to be as accurate as the content of the legal document; the words used shall have to be correct.

3. Translating a legal document in foreign language as provided for in this Decree shall be considered as a reference only.

4. The Vietnam News Agency shall take the main responsibility and coordinate with the Ministry of Foreign affairs and the agencies taking the main responsibility in elaborating a legal document to decide on the translation of a legal document into foreign language and shall be responsible for the translation.

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1. A legal document promulgated, announced, published on the Gazette may be translated into language of an ethnic minority.

2. Translating a legal document into language of an ethnic minority shall have to ensure to be as accurate as the content of the legal document; the words used shall have to be correct.

3. Chairmen of People’s Committees at the provincial level shall decide on and organize for translating legal documents into languages of ethnic minorities based on the real status of the administration, the state management of their localities.

Article 14. Implementing regulations on state secret protection

The elaboration, comment solicitation, examination, assessment, sending and promulgation of a legal document containing a state secret(s) shall have to be subject to the regulation on state secret protection.

Article 15. Reviewing, systematizing legal documents

1. A legal document promulgated by the National Assembly, the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister, a minister, the head of a ministerial-level agency shall have to be regularly reviewed, systematized.

2. Ministries, ministerial-level agencies, Government-affiliated agencies shall be responsible for reviewing, systematizing the legal documents promulgated by the National Assembly, the Standing Committee of the National Assembly, the State President, the Government, the Prime Minister, the ministers, the heads of ministerial-level agencies which are related to the functions of state management over branches, areas of the ministries, the ministerial-level agencies, the Government-affiliated agencies.

The legislation units of a ministry, ministerial-level agency, Government-affiliated agency shall take the main responsibility and coordinate with other units of the ministry, ministerial-level agency, Government-affiliated agency to systematize a legal document which is related to the laters’ state management.

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a. Every three years, organize for systematizing legal documents falling under the management by their branches, areas in order to list legal documents which are effective, ineffective, annulled, abolished or replaced with other ones; legal document which are effective and contain provisions in need for amendment, supplement, annulment, abolishment; sending the list of effective, ineffective, annulled, abolished or replaced legal documents falling under the management by the branches, areas to be published on the Gazette.

b. Timely stop implementing, amending, supplementing, replacing, annulling, abolishing a legal document which they find illegal, no longer suitable with the real situation under their competence or request competent agencies, people to stop doing so.

Chapter II

WORKING OUT TENTATIVE PROGRAMMES OF ELABORATING LAWS, ORDINANCES, RESOLUTIONS, DECREES

Article 16. Propose programmes of elaborating laws, ordinances, resolutions by the National Assembly, the Standing Committee of the National Assembly (herein after collectively called as laws, ordinances) and programmes of elaborating resolutions, decrees by the Government.

1. According to Article 22 of the Law on Amendments, Supplements to a Number of Articles of the Law on Promulgation of Legal Documents and Article 59 of the Law on Promulgation of Legal Documents and on the requirements of the management practice of the branches, areas falling under their responsibility, ministers, heads of ministerial-level agencies, heads of Government-affiliated agencies shall make a proposal on elaborating a law, an ordinance, a resolution, a decree to submit to the Government.

The legislation unit of a ministry, ministerial-level agency, Government-affiliated agency shall take the main responsibility and coordinate with the concerned agencies to assist the minister, the head of the ministerial -level agency, heads of Government-affiliated agencies to make a proposal on elaborating a law, an ordinance, a resolution, a decree to submit to the Government.

2. A proposal on elaborating a law, an ordinance of an agency having authority to submit bills (except for the Government) according to Article 87 of the Constitution 1992 and a recommendation on a law, an ordinance of National Assembly deputies shall be sent to the Ministry of Justice to submit to the Government.

The head of a social organization, an economic organizations and a citizen may submit his/her recommendation on elaborating a law, a resolution by the National Assembly; an ordinance, a resolution by the Standing Committee of the National Assembly to the Ministry of Justice; a resolution, a decree by the Government to the Government Office.

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4. An annual recommendation for elaborating a law, an ordinance of a minister, the head of a ministerial-level agency, the head of a Government-affiliated agency shall have to be sent to the Ministry of Finance for examining estimated financial resources, to the Ministry of Home Affairs for examining estimated human resources (if in existence) in order to ensure the implementation of the law, the ordinance after it is promulgated.

No later than fifteen (15) working days since the date of receiving the annual recommendation on elaborating a minister, the head of a ministerial-level agency, the head of a Government-affiliated agency, the Minister of Finance, the Minister of Home Affairs shall be responsible for giving written answers on estimated financial resources, human resources in order to ensure the implementation of the law, the ordinance after it is promulgated.

The annual recommendation on elaborating a law, an ordinance of a minister, the head of a ministerial-level agency, the head of a Government-affiliated agency sent to the Ministry of Justice, to the Government Office shall have to be enclosed with the documents of the Ministry of Finance, the Ministry of Home Affairs evaluating estimated financial resources, human resources in order to ensure the implementation of the law, the ordinance after it is promulgated.

5. The annual recommendation on elaborating a law, an ordinance shall have to be sent to the Ministry of Justice, to the Government Office on the first of July of the previous year at the latest.

A proposal, recommendation on elaborating a law, an ordinance within a term of the National Assembly shall have to be sent to the Ministry of Justice, the Government Office on the first of July of the last year of the National Assembly’s previous term at the latest.

6. No later than ten (10) working days since the date of the deadline of submitting the proposal, the recommendation on elaborating a law, an ordinance as prescribed in item 5 of this Article, the Ministry of Justice shall have to complete the Government’s draft tentative programme of elaborating the law, the ordinance on basis of an order of elaboration priorities, the requirements of the state management, the feasibility of the document and the uniformity of the law system.

With regard to a proposal, a recommendation on elaborating a law, an ordinance which does not meet the criteria prescribed in item 3 and 4 of this Article, the Ministry of Justice shall request the head of the agency, the organizations, the person submitting the proposal, the recommendation to make supplement to and complete it.

7. A proposal by a minister, the head of a ministerial-level agency, the head of a Government-affiliated agency, a recommendation by the head of a social organization, an economic organization and a citizen on the annual elaboration of a resolution, a decree by the Government shall be sent to the Government Office, the Ministry of Justice on November 5th of the previous year at the latest.

8. The order, procedure of making a proposal on elaborating a decree providing for very necessary matter which does not meet the condition for being provided for in a law or in an ordinance as prescribed in point b of item 2 of Article 56 of the Law on Promulgation of Legal Documents shall be subject to the provisions on proposals on elaborating a law, an ordinance in items 1, 2, 3, 4, 5 and 6 of this Article.

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1. The Minister of Justice shall establish a Council for working out tentative programmes of elaborating laws, ordinances which have participation of representatives from the National Assembly Office, the Government Office, the Ministry of Finance, the Ministry of Home Affairs, the agencies, organizations submitting proposals, recommendations and other concerned agencies, organizations to consider the working out of tentative programmes of elaborating laws, ordinances.

The Council for working out tentative programmes of elaborating laws, ordinances shall operate under the principle of collectivity, voting by majority.

Based on opinions of the Council for working out tentative programmes of elaborating laws, ordinances, the Minister of Justice shall decide on submitting Government’s draft tentative programmes of elaborating laws, ordinances.

2. The Government Office shall be responsible for examining the Government’s draft tentative programmes of elaborating laws, ordinances submitted by the Ministry of Justice, sending such the drafts and reports on the results of the examination to the Government Members for comments and synthesizing gathered comments and making report to the Prime Minister for consideration, decision to present them to the Government meetings.

3. Under the direction by the Prime Minister, the Ministry of Justice shall take the main responsibility and coordinate with the Government Office to amend draft tentative programmes of elaborating laws, ordinances to submit to the Prime Minister for consideration and commendation in the Government’s annual August meeting.

4. After a tentative programme of elaborating a law, an ordinance is approved by the Government, the Minister of Justice shall, with the authorization given by the Prime Minister, present Government’s tentative programme to the National Assembly on behalf of the Government.

5. According to the resolution by the National Assembly on programmes of elaborating laws, ordinances, the Government Office shall take the main responsibility and coordinate with the Ministry of Justice and the concerned agencies to make a plan for implementing the programme of elaborating a law, an ordinance and submit it to the Prime Minister for consideration, decision.

6. The Government Office shall be responsible for sending a decision on implementing a programme of elaborating a law, an ordinance to the minister, the head of the ministerial-level agency, the head of the Government-affiliated agency to implement.

Article 18. Working out programmes of elaborating resolutions, decrees by the Government.

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2. A programme of elaborating a resolution, a decree by the Government shall be worked out based on the followings:

a. The duty of implementing laws, resolutions by the National Assembly, ordinances, resolutions by the Standing Committee of the National Assembly and orders, decisions by the State President;

b. The duty of state management of the Government, the Prime Minister;

c. The proposals, recommendations related to the status of the national socio-economic development of agencies, organizations and individual people which fall under the Government’s competence to handle.

3. The Government Office shall take the main responsibility and coordinate with the Ministry of Justice to organize meetings with participation of representatives from the concerned agencies, organizations to consider the proposals, the recommendations on elaborating resolutions, decrees by the Government. Agencies, the organizations submitting the proposals, the recommendations on elaborating resolutions, decrees by the Government shall send their representative to present a speech on the matters related to their proposals, recommendations.

4. No later than five (05) working days since the last day of the meeting prescribed in item 3 of this Article, the Government Office shall work out make a tentative programme of elaborating a resolution, a decree by the Government and send it to the ministry, ministerial-level agency, Government-affiliated agency for comments.

No later than ten (10) working days since the date of receiving a tentative programme of elaborating a resolution, a decree by the Government, a ministry, a ministerial-level agency, a Government-affiliated agency shall have to send their comments given in written form to the Government Office and to the Ministry of Justice.

5. The Government Office shall take the main responsibility to, coordinate with the Ministry of Justice to amend temptations on programmes on elaborating a resolution, a decree by the Government to submit to the Government in its regular meeting at the end of year.

6. After the Government approves programmes of elaborating a resolution, a decree by the Government, the Government Office shall be responsible for sending them to relevant ministers, heads of ministerial-level agencies, heads of Government-affiliated agencies to implement.

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Ministers, heads of ministerial-level agencies, heads of Government-affiliated agencies are responsible for reporting to the Prime Minister the progress and the quality of the implementation of programmes of elaborating a resolution, a decree, by the Government every three months.

Article 19. Preparing the Government’s opinions towards requests for elaborating a law, an ordinance of agencies, organizations; requests for elaborating a law, an ordinance, recommendations/petitions on a law, an ordinance of the National Assembly deputies.

1. The Government Office shall be responsible for fully soliciting requests for elaborating a law, an ordinance of agencies (except for the Government), organizations and recommendations/petitions on a law, an ordinance of the National Assembly deputies to send to the Ministry of Justice and concerned agencies for their comments.

2. No later than ten(10) working days since the date of receiving lists of solicited requests, petitions for elaborating a law, an ordinance sent by the Government Office, the Ministry of Justice and concerned agencies shall have to send their comments in written form to the Government Office for soliciting and reporting to the Prime Minister.

3. No later than ten(10) working days since the date of receiving a comment(s) of the Ministry of Justice and the concerned agencies, the Government Office shall synthesize the received comment(s) and report the result to the Prime Minister for consideration and decision.

4. The Minister, Chairman of the Government Office shall, under the authorization from the Prime Minister, send to the Standing Committee of the National Assembly his/her opinion on the proposal, recommendation for elaborating a law, an ordinance of an agency (except for the Government), an organization, National Assembly deputies.

Article 20. Amending programmes of elaborating laws, ordinances by the National Assembly, the Standing Committee of the National Assembly, programmes of elaborating resolutions, decrees by the Government.

1. Eliminating a bill, a draft legal document from these programmes: with regard to a bill, a draft legal document that does not ensure the tempo and the quality of the elaboration of the document or do not yet need to be promulgated, the Minister, Chairman of the Government Office or the head of the elaborating agency shall submit a request in written form to the Prime Minister for consideration, decision to request the National Assembly, the Standing Committee of the National Assembly to eliminate it from the programme of elaborating a law, an ordinance, the programme of elaborating a resolution, a decree by the Government. The request document shall have to be attached with a report which clearly states the reasons for doing this, the direction for and the time of doing this.

2. Making supplement to these programmes: the minister, the head of the ministerial-level agency, Government-affiliated agency or the Minister, Chairman of the Government Office shall submit a request in written form to the Prime Minister for supplementing the programme of elaborating a law, an ordinance by the National Assembly, the Standing Committee of the National Assembly; the programme of elaborating a resolution, a decree by the Government with a legal document that is necessary to be promulgated in order to meet the requirements of the management over the aspects of the social life.

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Responding to the requirement of the state management, the Prime Minister shall direct to urgently elaborate a decree providing for a very necessary matter which is not eligible enough to be provided for in a law or in an ordinance according to the provisions in point b of item 2 of Article 56 of the Law on Promulgation of Legal Documents, the order, the procedure of supplementing a programme of elaborating a resolution, a decree shall be subject to the provinsions of item 1 and 3 of Article 16 of this Decree.

3. The Ministry of Justice shall take the main responsibility and coordinate with the Government Office to make a proposal on amending a programme of elaborating a law, an ordinance for the Government to consider and submit to the Standing Committee of the National Assembly; the Government Office shall make a proposal on amending a programme of elaborating a resolution, a decree by the Government for the Government’s consideration, decision.

4. The Government Office shall be responsible for sending to the Ministry of Justice, the ministry, the ministerial-level agency, the Government-affiliated agency and the concerted agencies, organizations a resolution by the National Assembly on amending a programmed of elaborating a law, an ordinance by the National Assembly, the Standing Committee of the National Assembly; a resolution by the Government on amending a programme of elaborating a resolution, a decree by the Government.

Article 21. Responsibility of the Government Office and the Ministry of Justice for ensuring the implementation of programmes of elaborating laws, ordinances by the National Assembly, the Standing Committee of the National Assembly; programmes of elaborating resolutions, decrees by the Government.

1. The Government Office shall be responsible for monitoring, urging the agencies which are assigned to take the main responsibility for elaborating a legal document to ensure the tempo, the quality of the elaboration and the time of submitting the draft document.

2. The Government Office, the Ministry of Justice shall be, within the scope of its functions, duties and powers, responsible for participating in the process of elaborating, examining, assessing a bill, a draft ordinance, a draft resolution by the National Assembly, the Standing Committee of the National Assembly; a draft resolution, a decree by the Government.

Chapter III

ELABORATING BILLS, DRAFT ORDINANCES, DRAFT RESOLUTIONS BY THE NATIONAL ASSEMBLY, THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, DRAFT RESOLUTIONS, DRAFT DECREES BY THE GOVERNMENT, LEGAL DOCUMENTS BY THE PRIME MINISTER, MINISTERS, HEADS OF MINISTERIAL-LEVEL AGENCIES

Article 22. Elaborating bills, draft ordinances, draft resolutions by the National Assembly, the Standing Committee of the National Assembly, draft resolutions, draft decrees by the Government

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The establishment and the operation of a committee for elaborating a bill, a draft ordinance, a draft resolution by the National Assembly, the Standing Committee of the National Assembly shall be submitted to the National Assembly, the Standing Committee of the National Assembly by the Government, of a committee for elaborating a draft resolution, a draft decree by the Government shall be subject to the Regulation on Organization and Operation of Legal Document Elaborating Committees promulgated by the Prime Minister.

2. A committee for elaborating a bill, a draft ordinance, a draft resolution by the National Assembly, the Standing Committee of the National Assembly submitted to the National Assembly, the Standing Committee of the National Assembly by the Government shall be also a committees for elaborating a decree providing for guidelines to implement the law (if in existence).

3. In case that a law, an ordinance, a resolution by the National Assembly, the Standing Committee of the National Assembly consists of many matters that need detailizing, the head of the elaborating committee shall be responsible for requesting the Prime Minister to assign the concerned agencies to establish committees for elaborating guidance documents.

Article 23. Elaborating legal documents by the Prime Minister

1. A draft decision, a directive by the Prime Minister shall be assigned by the Prime Minister to a minister, the head of a ministerial-level agency to take the main responsibility for and make coordination in the elaboration.

In case of necessarily, the agency taking the main responsibility for elaborating a legal document shall decide to establish an elaborating committee. The organization and the operation of the committee for elaborating decisions, directives by the Prime Minister shall be subject to the Regulation on Organization and Operation of Legal Document Elaborating Committees promulgated by the Prime Minister.

2. A minister, the head of a ministerial-level agency, the head of Government-affiliated agency assigned to take the main responsibility for elaborating a legal document by the Prime Minister shall be responsible for organizing the sum-up of the implementation of the legal document, to survey and to evaluate the real status of the social relationships, to study the reference information related to the content of the draft legal document; for preparing the outline of the draft legal document, elaborating and amending the draft legal document; for organizing to solicit opinions on the draft legal document, preparing a report and the documents related to the draft legal document.

Article 24. Elaborating legal documents by ministers, heads of ministerial-level agencies

1. Elaborating a draft decision, directive, circular by a minister, head of a ministerial-level agency shall be directed by the minister, the head of the ministerial-level agency.

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2. The legislation unit of a ministry, a ministerial-level agency shall be responsible for examining a draft legal document elaborated by another unit of the ministry, the ministerial-level agency before submitting it to the minister, the head of the ministerial-level agency.

3.With regard to a joint legal document signed for promulgation by a ministry, a ministerial-level agency as a party, its elaboration shall be subject to item 1 and 2 of this Article.

Article 25. Elaborating legal documents by ministers, by heads of ministerial-level agencies providing for the branches, areas under the management by Government-affiliated agencies shall be subject to the assignment by the Prime Minister.

1. On basis of the state management over the branch, the area or under the assignment by the Prime Minister, the head of a Government-affiliated agency shall organize the elaboration of a decision, a directive, a circular to submit to the minister, the head of a ministerial-level agency who is assigned to sign for promulgation by the Prime Minister

The unit assigned with the elaboration by the head of the Government-affiliated agency shall be responsible for organizing a sum-up of the implementation of the law; surveying, evaluating the real status of the social relationships; studying the reference information related to the content of the draft legal document; preparing the outline of the draft legal document, elaborating and amending the draft legal document; organizing the solicitation of opinions on the draft legal document, preparing a report and the documents related to the draft legal document under the direction by the head of the Government-affiliated agency.

2. The legislation unit of the Government-affiliated agency shall be responsible for examining the draft decision, directive, circular elaborated by its agency.

3. The unit taking the main responsibility for elaborating a legal document shall be responsible for assisting the Head of the Government-affiliated agency to formulate a file of the draft decision, directive, circular to submit to the Minister, the Head of the ministerial-level agency assigned to sign for its promulgation, which shall include:

a. A presentation document in details on the necessarily for the elaboration of the document and on the main contents of the draft document.

b. An examination document of the legislation unit of the Government-affiliated agency.

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d. Related documents (if in existence).

4. After fifteen (15) working days since the date of receiving the file of the Government-affiliated agency on the draft decision, directive, circular, the Minister, the Head of the ministerial-level agency assigned to sign for promulgation shall be responsible for directing its legislation and functional units to consider the document before the signing.

5. The Head of the Government-affiliated agency which has a demand for elaborating a legal document providing for the branch, the area falling under its management shall be responsible for advising, requesting the Prime Minister to assign a Minister, Head of ministerial-level agency to sign the legal document for promulgation.

Article 26. Responsibility of the heads of the agencies taking the main responsibility for elaborating legal documents

The minister, the head of the ministerial-level agency, the head of the Government-affiliated agency assigned to take the main responsibility for elaborating a bill, a draft ordinance, resolution by the National Assembly, the Standing Committee of the National Assembly, a draft resolution, decree by the Government, a draft decision, directive by the Prime Minister shall responsible for:

1. Ensuring the conditions for the operation of the elaborating committee.

2. Coordinating with and creating conditions for the elaborating committee to sum up the law enforcement, to evaluate the current legal documents related to the bill, the draft legal document; to survey and evaluate the real status of the social relationships related to the content of the bill, the draft legal document; to organize the study of information, data, international agreements that the Socialist Republic of Vietnam has signed or acceded in related to the bill, the draft legal document.

3. Coordinating with and creating conditions for the elaborating committee to solicit comments from agencies, organizations, individual people and objects directly affected by the bill, the draft legal document; requesting the Prime Minister to carry the bill, the draft legal document on the mass media, the internet so that agencies, organizations, individual people may give their comments.

4. Taking accountability to the Government, the Prime Minister for the content, the quality and the tempo of the elaboration of the bill, the draft legal document.

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6. Keeping the Government Office informed of the tempo of the elaboration of the bill, the draft legal document.

Chapter IV

SOLICITING COMMENTS ON BILLS, DRAFT LEGAL DOCUMENTS

Article 27. Soliciting comments on bill, draft legal documents during the elaboration

1. A bill, a draft legal document shall have to be sent to the concerned agencies, organizations, individual people, objects directly affected by the document for their comments according to the Law on Promulgation of Legal Documents, the Law on Amendment, Supplement to a Number of Articles of the Law on Promulgation of Legal Documents and to this Decree.

2. The minister, the head of ministerial-level agency, the head of Government-affiliated agency shall decide to solicit comments on bill, a draft legal document which he/she is assigned to take the main responsibility for elaborating after the collective leadership of agency have considered and agreed upon.

With regard to a bill, a draft legal document related to the rights and duties of an enterprise, the minister, the head of ministerial-level agency, the head of Government-affiliated agency assigned with the elaboration shall be responsible for sending the it the Vietnam Commerce and Industry Chamber to solicit comments from enterprises.

No later than twenty (20) working days since the date of receiving a bill, a draft legal document, the Vietnam Commerce and Industry Chamber shall have to organize to solicit, synthesize and send comments from enterprises to the Ministry of Justice, the Government Office, the ministry, the ministerial-level agency, the Government-affiliated agency taking the main responsibility for the elaboration of the legal document.

3. Depending on the nature of the bill, the draft legal document, the Prime Minister shall decide to solicit comments from organizations, individual people upon the request of the agency taking the main responsibility for the elaboration of the document.

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1. The solicitation of comments from the agencies, organizations, individual people directly affected on the content of a bill, a draft legal document shall be excursed in the manners of: directly soliciting comments; organizing conference, seminars; through the mass media and the internet.

2. An agency, organization competent to solicit comments shall be responsible for preparing the matter(s) which need commenting, suggested discussions on the bill, the draft legal document and specifically identifying the address to receive comments in case of the solicitation through the mass media and the internet.

3. Time of soliciting comments from agencies, organizations, individual people directly affected by the legal document shall be twenty (20) working days at least since the date of sending out the bill, the draft the legal document for comments.

Article 29. Preparing to submit to the Government, the Prime Minister bills, draft ordinances, draft resolutions by the National Assembly, the Standing Committee of the National Assembly; draft legal documents by the Government, the Prime Minister

1. A bill, a draft legal document to be submitted to the Government shall have to be attached with a draft legal document providing for guidelines on implementation in details (if in existence) according to Article 7 of the Law on Promulgation of Legal Documents.

2. The Government Office shall take the main responsibility for and coordinate with the Ministry of Justice and the agency taking the main responsibility for the elaboration to consider the bill, the draft the legal document before submitting it to the Government, the Prime Minister.

3. In case the Government Office, the Ministry of Justice and the agency taking the main responsibility for the elaboration come to an agreement to submit the bill, the draft legal document to the Government, the Prime Minister the order of submission shall be as follows:

a. With regard to a bill, a draft ordinance; a draft resolution by the National Assembly, the Standing Committee of the National Assembly:

The Government Office shall take the main responsibility for and coordinate with the agency taking the main responsibility for elaborating the bill, the draft legal document to organize a meeting to introduce the content of the bill, the draft legal document to the representatives from ministries, ministerial-level agencies, Government-affiliated agencies, concerned agencies and organizations.

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The agency taking the main responsibility for the elaboration shall be responsible for studying, accepting comments from agencies, organizations to amend the bill, draft legal document before sending it to the Ministry of Justice for evaluation.

b. With regard to a draft legal document by the Government, the Prime Minister the agency taking the main responsibility for elaborating the document shall amend the draft document through accepting comments from the Government Office, the concerned agencies, organizations before send it to the Ministry of Justice for evaluation as stipulated by law.

c. With regard to a draft resolution by a regular meeting of the Government containing a legal provision(s), a decree(s) by the Government on new establishment, emergence, separation and adjustment of administrative land, a draft legal document (s) prescribing action measures to be applied in an emergent circumstance or being promulgated to handle a sudden matter, the agency taking the main responsibility for the elaboration shall amend it through accepting comments from the members of the Government and from the Government Office before submitting it to the Prime Minister for signing for promulgation.

In case that the Government Office is the agency assigned to take the main responsibility for elaborating the said-above legal documents, the Minister, Chairman of the Government Office shall, depending on each case, decide to gather evaluation opinions from the Ministry of Justice; direct to amend the draft documents basing on the accepted evaluation opinions from the Ministry of Justice and from the functional units of the Government Office before submitting them to the Government, the Prime Minister for promulgation.

4. In case that the Government Office, the Ministry of Justice and the agency taking the main responsibility for the elaboration fail to agree to submit the bill, the draft legal document to the Government, to the Prime Minister as prescribed in item 1 and 2 of this Article, the Government Office shall report this to the Prime Minister for consideration, decision.

Article 30. Organizing the giving of comments in the ministries, the ministerial-level agencies and the Government-affiliated agencies.

When receiving a bill, a draft legal document sent for comments by the agency taking the main responsibility for the elaboration, the Minister, the Head of the ministerial-level agency, the Head of the Government-affiliated agency shall have to direct its attached units to hold discussion and to give comments on the bill, the draft legal document.

The Legislation Unit of a ministry, of a ministerial-level agency, of a Government-affiliated agency shall be the focal point to organize the implementation of the direction of the minister, of the head of the ministerial-level agency, of the head of the Government-affiliated agency on holding discussion, giving comments; synthesize, prepare a commenting document of the ministry, of the ministerial-equivalent agency, of the Government-affiliated agency.

The commenting document shall have to be signed by the head or the deputy head of the ministry, the ministerial-level agency, the Government-affiliated agency .

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The agency taking the main responsibility for the elaboration of a bill, a legal document shall be responsible for synthesizing in full comments on the bill, the draft legal document. The comments on the bill, on the legal document given by ministries, ministerial-level agencies, Government-affiliated agencies, the concerned agencies, organizations shall, together with the systemization paper of comments, have to be put in the record of the bill, the draft legal document in order to be submitted to the competent agency(ies), individual person(s) for consideration, decision.

Chapter V

EXAMINING, EVALUATING, AMENDING BILLS, DRAFT LEGAL DOCUMENTS

Article 32. Examining, evaluating bills, draft legal documents

1. The Ministry of Justice shall be responsible for evaluating a bill, a legal document as stipulated in Article 29 of the Law on Promulgation of Legal Documents, Articles 29a, 63 and 65 of the Law on Amendments, Supplements to the Law on Promulgation of Legal Documents and the Regulation on Evaluating Legal Documents.

2. The Government Office shall be responsible for examining a bill, a draft legal document after the agency taking the main responsibility for the elaboration submit it to the Government, the Prime Minister as stipulated in item 6 of Article 2 of the Decree No 18/2003/ND-CP dated 20 February 2003 by the Government on functions, duties, powers and organizational structure of the Government Office.

Twenty (20) working days before the opening of a meeting of the Government, the agency taking the main responsibilities for the elaboration shall have to send the whole record of a bill, a draft legal document to the Government Office for examination.

No later than fifteen (15) working days since the date of receiving a record of a bill, a draft legal document submitted to the Government, the Prime Minister, the Government Office shall have to give comment in written form to the Government members.

Evaluating, examining bill, a draft legal document shall be carried out according to the Regulation on Evaluating Legal Documents and the Regulation on Examining Legal Documents by the Prime Minister.

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After receiving a evaluation document on the bill, the draft legal document, the agency taking the main responsibility for the elaboration shall be responsible for studying, accepting the evaluation opinion(s), amending the bill, the draft legal document and at the same time make explanation in written form on the acceptance of the evaluation opinions.

The explanation document, the bill, draft legal document amended upon the evaluation opinion(s) shall have to be sent to the Ministry of Justice and to the Government Office before being submitted to the Prime Minister.

Article 34. Amending, completing bills, draft legal documents before submitting them to the Government, the Prime Minister

1. With regard to a bill, a draft ordinance; a draft resolution by the National Assembly, the Standing Committee of the National Assembly; a draft resolution, decree by the Government that contains a matter(s) receiving different opinions among ministries, ministerial-level agencies, Government-affiliated agencies, the Minister, Chairman of the Government Office shall hold a meeting with representative leadership from ministries, ministerial-level agencies, Government-affiliated agencies to handle such the matter(s) before submitting the draft document to the Government for consideration, decision.

2. The Government Office shall be responsible for synthesizing opinions given in the meeting with the representative leadership from ministries, ministerial-level agencies, Government-affiliated agencies to make report to the Prime Minister for consideration, decision.

3. Based on the direction opinion from the Prime Minister, the agency taking the main responsibility for the elaboration shall, in coordination with the Government Office, the Ministry of Justice, to complete the bill, the draft legal document and submit it to the Government, the Prime Minister.

Article 35. Records of bills, draft legal documents to be submitted to the Government, the Prime Minister

1. A record of a bill, a draft legal document to be submitted to the Government, the Prime Minister (except for a bill, a draft legal document which is continuously amend according to Article 34 of this Decree) shall include:

a. A report on the bill, the draft ordinance, the draft resolution, the draft decree, which is signed and stamped by the head of the agency taking the main responsibility for the elaboration after the acceptance of the evaluation opinion(s);

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c. Evaluation report;

d. Explanation report on the acceptance of evaluation opinion(s) as stipulated in Article 33 of this Decree;

đ. Other related documents (if in existence);

e. Draft document on guidelines on implementation in details (if in existence).

2. Such the record shall be continuously amended, completed according to Article 43 of this Decree.

2. A file of a bill, a draft ordinance; a draft resolution by the National Assembly, the Standing Committee of the National Assembly; a resolution, a decree by the Government continuously amended, completed as stipulated in Article 34 of this Decree shall include:

a. A report to be submitted to the Government on the bill, the draft legal document, which is signed and stamped by the head of the agency taking the main responsibility for the elaboration, after the comments(s) from ministries, ministerial-level agencies, Government-affiliated agencies is accepted;

b. The amended bill, draft legal document after the comments from representative leadership of ministries, ministerial-level agencies, Government-affiliated agencies ;

c. A paper on synthesized comments from the representative leadership of ministries, ministerial-level agencies, Government-affiliated agencies;

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đ. Other related documents (if in existence);

e. Draft document on guidelines on implementation in details (if in existence2.

3. Number of files of bills, draft legal documents submitted to the Government, the Prime Minister.

a. Number of files of bills, draft ordinances; draft resolutions by the National Assembly, the Standing Committee of the National Assembly; draft resolutions, draft decrees by the Government shall be 80;

b. Number of files of draft decisions, directives submitted to the Prime Minister shall be 05.

Article 36. Responsibility of the Government Office for preparing contents of discussions on bills, draft legal documents at the Government’s meetings

During the preparation of the content of a discussion(s)on a bill, a draft legal document at a meeting of the Government, the Government Office shall be responsible for fully present the matters receiving many different opinions, and the evaluation opinions of the Ministry of Justice, examination opinions of the Government Office for the Government members for the Government members’ consideration, decision

Article 37. Amending bills, draft legal documents after they are discussed and passed by the Government

1. After the Government discuss, pass a bill, a draft ordinance; a draft resolution by the National Assembly, the Standing Committee of the National Assembly, the agency taking the main responsibility for the elaboration shall take the main responsibility for and coordinate with the Government Office and the concerned agencies to amend the bill, the draft legal document and make a report to the Prime Minister for consideration, decision.

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Article 38. The Government’s giving comments on bills, draft ordinances; draft resolutions by the National Assembly, the Standing Committee of the National Assembly, which are elaborated by agencies, organizations and members of the National Assembly

1. No later than 03 (three) working days since the date of receiving a bill, a draft ordinance, a draft resolution and the related documents elaborated by agencies, organizations and members of the National Assembly which is sent to the Government for its comments, the Government Office shall be responsible for sending it to ministries, ministerial-level agencies, Government-affiliated agencies for their comments.

2. No later than 15 (fifteen) working days since the date of receiving a file of a bill, a draft legal document, the ministry, the ministerial-level agency, the Government-affiliated agency shall be responsible for sending their written comments on the contents of the bill, the draft legal document to the Government Office.

3. Based on the comment document of ministries, ministerial-level agencies, Government-affiliated agencies, the Government Office shall synthesize, complete and submit a commenting document of the Government to the Prime Minister for consideration, decision; the Minister, Chairman of the Government Office shall, under the authorization from the Prime Minister, sign the Government’s commenting documents on bills, draft ordinances, draft resolutions and send them to the agencies, organizations, members of the National Assembly which elaborate such the bills, the draft legal documents, the draft resolutions.

Article 39. Requesting opinion of the National Assembly, amending draft decrees on extremely necessary matters which are not eligible enough to be stipulated into law or ordinance

1. With regard to a draft decree defined in point b of item 2 of Article 56 of the Law on Promulgation of Legal Documents, the Government Office shall take the main responsibility and coordinate with the agency taking the main responsibility for the elaboration of the decree to prepare a file of the draft decree and submit it to the Standing Committee of the National Assembly for comments before the Government promulgates the decree.

2. A file of a draft decree to be submitted to the Standing Committee of the National Assembly shall include:

a. The draft decree;

b. A report of the Government to be submitted to the Standing Committee of the National Assembly, which is, under the authorization from the Prime Minister, signed by the Minister, Chairman of the Government Office. The report shall have to clearly state the necessarily for the promulgation of the decree, the purpose(s), the requirement(s), the scope, the object(s) and the main content of the draft decree, the matters in need for direction opinions and the matters receiving many different opinions;

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3. The Government Office shall take the main responsibility and coordinate with the agency taking the main responsibility for the elaboration of a legal document to finalize the draft legal document upon the comments of the Standing Committee of the National Assembly in order to submit it to the Government.

4. In the course of the elaboration of a legal document, the agency taking the main responsibility for the elaboration shall have to invite representatives from the related committees of the National Assembly to participate in the elaboration, to give comments on the draft legal document. 

Chapter VI

IMPLEMENTATION PROVISIONS

Article 40. Ensuring the fund for working out a tentative programmes of elaborating laws, ordinances, decrees, resolutions; the fund for elaborating, evaluating, examining bills, draft legal documents and the fund for reviewing, systematizing legal documents.

1. The fund for working out a tentative programme of elaborating a law, an ordinance, a decree, a resolution; the fund for elaborating, evaluating, examining a draft legal document shall be allocated from the state budget and put in the regular estimated expenditure of agencies working out the tentative programme, agencies taking the main responsibility for the elaboration, agencies evaluating, agencies examining the bill, the legal document, agencies reviewing, systematizing the legal document; the supporting fund for elaborating a bill, a legal document shall be informed to the bill, the legal document and allocated to agencies taking the main responsibility for elaborating, agencies evaluating, agencies examining it.

2. The agency working out a tentative programme of elaborating a law, an ordinance, a resolution, a decree; the agency taking the main responsibility for elaborating; agencies evaluating, agencies examining bill, a legal document; agencies reviewing, systematizing a legal document shall be responsible for working out estimated fund for the elaboration of the legal document included in their whole estimated budget expenditure and seriously implementing the purpose(s), the estimated tempo, the duties as approved.

3. The Ministry of Finance shall be responsible for sufficiently and timely allocating fund for the working out of a tentative programme of elaborating a law, an ordinance, a resolution, a decree; for the elaboration, the evaluation, the examination of a bill, a draft legal document; for the reviewing, the systematization of a legal document.

Article 41. Effect

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Article 42. Implementation responsibility

1. Ministers, heads of ministerial-level agencies, heads of Government-affiliated agencies, chairmen of the provincial-level People’s Committees are responsible for implementing this Decree.

2. With regard to a bill, a legal document falling under the competence of promulgation of a state agency at the central level the elaboration of which a provincial-level People’s Committee is assigned to take the main responsibility for, the order, the procedure of its elaboration, promulgation shall be subject to the provisions of this Decree.

ON BEHALF OF GOVERNMENT
PRIME MINISTER




Phan Van Khai

Nghị định 161/2005/NĐ-CP Hướng dẫn Luật Ban hành văn bản quy phạm pháp luật và Luật Ban hành văn bản quy phạm pháp luật sửa đổi