Funding for the Development of Legal Documents and the Improvement of the Legal System by the Ministry of Transport: Regulations and Guidelines.
Funding for the Development of Legal Documents by the Ministry of Transport Comes from Which Sources?
According to the provisions of Article 4 of Circular 26/2022/TT-BGTVT regarding funding for the development of legal documents as follows:
- Funds for the development of legal documents and the completion of the legal system are guaranteed from the state budget, in accordance with the provisions of the Law on State Budget and detailed regulatory documents and guidelines for implementation.
- The allocation of funds for the development of legal documents and the completion of the legal system within agencies and units must be based on the assigned functions and tasks, the program, and the plan for developing legal documents approved by the competent authority, in accordance with the progress of task implementation.
- The use of funds guaranteed for the development of legal documents and the completion of the legal system must be right-purpose, content, policies, and expenditure standards according to the legal provisions on financial expenditure policies.
- The leading agencies and units in charge of developing legal documents and completing the legal system (including the leading drafting agency and the advising agency) are allowed to use support funds from projects, organizations, and individuals both domestically and internationally as per legal provisions to supplement the implementation budget.
- The Finance Department and the Office of the Ministry, based on their assigned functions and tasks, take the lead, cooperate with the Legal Department and relevant agencies to advise Ministry Leaders on the preparation and allocation of estimates for funding the development of legal documents and the completion of the legal system according to regulations.
- Based on the assigned tasks, the leading drafting agencies are responsible for fully and promptly allocating funds for the development of legal documents, the completion of the legal system, and other related tasks.
Funding for the Development of Legal Documents and Completion of the Legal System by the Ministry of Transport as Regulated
When Does the Ministry of Transport Propose the Development of Legal Documents?
According to the provisions of Article 5 of Circular 26/2022/TT-BGTVT on cases of proposing the development of legal documents by the Ministry of Transport as follows:
- Law, ordinance.
- Resolutions of the National Assembly stipulate:
+ Pilot implementation of some new policies under the authority of the National Assembly but not yet legislated or differing from the current law.
+ Temporarily suspending or extending the application period of all or part of the laws and resolutions of the National Assembly to meet urgent socio-economic development, ensuring human rights, and citizen rights.
- Resolutions of the Standing Committee of the National Assembly stipulate the temporary suspension or extension of the application period of all or part of ordinances and resolutions of the Standing Committee of the National Assembly to meet urgent socio-economic development needs.
- Decrees of the Government of Vietnam stipulate necessary issues under the authority of the National Assembly and the Standing Committee of the National Assembly but have not yet qualified to be legislated into law or ordinance to meet state management, economic management, and social management requirements.
What Contents Must the Plan for Proposing the Development of Legal Documents Include?
According to the provisions of Article 6 of Circular 26/2022/TT-BGTVT on the plan for proposing the development of legal documents as follows:
Plan for Proposing the Development of Legal Documents
1. When there is an intention to draft laws, ordinances, resolutions, decrees, or when assigned by the Minister of Transport under circumstances requiring the proposal to develop legal documents, the assigned drafting agencies or units as stipulated in Article 19 of this Circular shall develop a plan for proposing the development of legal documents and send it to the Legal Department for synthesis to submit to the Minister for consideration to include in the annual legal document development program of the Ministry.
2. The plan for proposing the development of legal documents must clearly specify the name of the document, the leading drafting agency, the advising agency, the time for preparing the dossier, the time for organizing opinion gathering, the time for submitting to the Ministry, the time for sending to the Ministry of Justice for appraisal (if any), and the time for submitting to the Government of Vietnam for consideration and approval.
Thus, the plan for proposing the development of legal documents by the Ministry of Transport must be implemented based on the following contents:
- Name of the document
- Leading drafting agency for the legal document
- Advising agency
- Dossier preparation time
- Time for organizing opinion gathering
- Time for submitting to the Ministry
- Time for sending to the Ministry of Justice for appraisal
- Time for submitting to the Government of Vietnam for consideration and approval.
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