Document drafting process under the Ministry of Justice in Vietnam

Document drafting process under the Ministry of Justice in Vietnam (Internet image)

The Ministry of Justice issued Decision 2539/QD-BTP dated December 26, 2022, on Regulations on the clerical and archival work of the Ministry of Justice.

The document-drafting process under the Ministry of Justice is prescribed as follows:

1. Document drafting process by the Ministry of Justice in Vietnam

According to Article 9 of the Regulations on clerical and archival work of the Ministry of Justice issued under Decision 2539/QD-BTP (Regulation) in 2022, the document forms are specified as follows:

- Legislative Documents are drafted by the Ministry of Justice in accordance with the provisions of the Law on Promulgation of Legislative Documents and documents detailing and guiding implementation.

- Administrative documents include those specified in Section I, Appendix III, issued with Decree 30/2020/ND-CP.

- Documents exchanged with foreign agencies, organizations, or individuals.

2. Document presentation format and techniques drafted by the Ministry of Justice

According to Article 10 of the Regulations, the format and techniques for presenting documents are as follows:

- The format of Legislative Documents shall comply with the provisions of the Law on Promulgation of Legislative Documents 2015 and the Law amending and supplementing a number of articles of the Law on Promulgation of Legislative Documents 2015;

Decree 34/2016/ND-CP, detailing a number of articles and measures to implement the  Law on Promulgation of Legislative Documents;

Decree 154/2020/ND-CP, amending Decree 34/2016/ND-CP;

Resolution 351/2017/UBTVQH14 regulates the format and techniques of presenting Legislative Documents of the National Assembly, the National Assembly Standing Committee, and the President.

- The format of administrative documents shall comply with the provisions of Article 8 and Article 9 of Decree 30/2020/ND-CP and document presentation templates in Section II, Appendix III, issued together with Decree 30/2020/ND-CP.

- Documents exchanged with foreign agencies, organizations, or individuals shall comply with current legal regulations and international practices.

3. The document drafting process belongs to the Ministry of Justice in Vietnam

According to Article 11 of the Regulations on Document Drafting, as follows:

- The drafting of Legislative Documents is carried out according to the following regulations:

+ Law on Promulgation of Legislative Documents 2015;

+ Law amending the Law on Promulgation of Legislative Documents 2020;

+ Decree 34/2016/ND-CP guiding theLaw on Promulgation of Legislative Documents;

+ Decree 154/2020/ND-CP amending Decree 34/2016/ND-CP.

- The drafting of administrative documents is carried out as follows:

+ Based on the functions, tasks, powers, purposes, and content of the document to be drafted, the agency, unit leader, or competent person assigns the unit or individual to draft or preside over the drafting of documents;

+ Units and individuals assigned to preside over drafting documents perform the following tasks:

Determine the type, content, confidentiality, and urgency of the document to be drafted;

Collect and process relevant information; Draft documents with the correct form, format, and presentation techniques;

If necessary, it is recommended that unit leaders consult with other relevant units, organizations, and individuals;

Research and receive comments to complete the draft;

Submit draft documents;

+ For newly created electronic documents, the individual assigned to draft the document, in addition to performing the above contents, must transfer the draft of the document and accompanying documents (if any) to the system and update necessary information to submit digital signatures according to regulations;

+ For response documents, the individual assigned to create the draft document directly on the incoming text stream on the system will, at the same time, transfer the draft document and accompanying documents (if any) to the system and update the necessary information for digital signatures according to regulations.

- The individual assigned the task of drafting documents is responsible before the unit leadership and before the law for the draft document within the scope of their assigned responsibilities and tasks.

Ngoc Nhi

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