How to establish a drafting board to issue legislative documents of the Ministry of Transport of Vietnam?
- How to establish a drafting board to issue legislative documents of the Ministry of Transport of Vietnam?
- How to present the layout of legislative documents of the Ministry of Transport of Vietnam?
- Which authorities are in charge of drafting legislative documents of the Ministry of Transport of Vietnam?
How to establish a drafting board to issue legislative documents of the Ministry of Transport of Vietnam?
Pursuant to Article 17 of Circular 26/2022/TT-BGTVT of Vietnam stipulating as follows:
Establishment of drafting board, editorial team
1. The advisory body shall submit to the prime minister and coordinate with the drafting agency and the Legal Department to submit to the Minister for signature the decision to establish a drafting board and Editing Group of law, ordinance and resolution projects of the National Assembly, the Standing Committee of the National Assembly (except for the case specified in Clause 1, Article 52 of the Law on Promulgation of Legislative Documents) and the Government's decree (in case of necessity).
2. The composition, operating principles and responsibilities of the drafting board and the editorial team comply with the provisions of Articles 52, 53, 54 of the Law on Promulgation of Documents and Articles 26 and 27 of Decree No. 34 2016/ND-CP.
Article 26 of Decree 34/2016/ND-CP of Vietnam stipulates as follows:
Establishment and operation of drafting boards
1. A minister or ministerial-level agency head shall establish a Drafting Board in case his/ her ministry or agency is assigned to take charge of drafting:
a/ A law or an ordinance of the National Assembly, or an ordinance or a resolution of the National Assembly Standing Committee to be submitted by the Government, except the case prescribed in Clause 1, Article 52 of the Law;
b/ A decree of the Government, if necessary.
2. The composition of a Drafting Board must comply with Article 53 and Point b. Clause 2, Article 90 of the Law.
A Drafting Board shall terminate its operation and resolve after the legal document is promulgated.
3. The Drafting Board shall operate on the following principles:
a/ Collegial discussion;
b/ Ensuring transparency, objectivity and scientificity;
c/ Upholding personal responsibility of the head and members of the Drafting Board.
4. A meeting of the Drafting Board shall be held as follows:
a/ The head of the Drafting Board shall convene the meeting, depending on the characteristics and contents of the draft legal document and requirements on the drafting schedule:
b/ The meeting shall be attended by representatives of related agencies and organizations, specialists, scientists and members of the editorial group;
c/ Members of the Drafting Board shall discuss issues prescribed in Clause 2, Article 54 of the Law at the meeting;
d/ Documents of the meeting shall be prepared by the agency in charge of the drafting and sent to members of the Drafting Board at least 5 working days before the meeting is held.
According to the above provisions, the Minister of Transport will have the power to establish a drafting board to issue legislative documents of the Ministry of Transport of Vietnam when presiding over the drafting of laws, resolutions and decrees.
The drafting board to issue legislative documents of the Ministry of Transport of Vietnam will operate according to 03 principles as follows:
- Group discussion
- Ensure transparency, objectivity and science
- To promote the personal responsibility of the University, the drafting board, and the members of the drafting board.
How to establish a drafting board to issue legislative documents of the Ministry of Transport of Vietnam? (Image from the Internet)
How to present the layout of legislative documents of the Ministry of Transport of Vietnam?
Pursuant to Article 18 of Circular 26/2022/TT-BGTVT of Vietnam stipulating as follows:
Forms and techniques for presenting legislative documents
The format and technique of presenting legislative documents comply with the provisions of Chapter V of Decree No. 34/2016/ND-CP of Vietnam.
Article 68 of Decree 34/2016/ND-CP of Vietnam stipulates as follows:
Presentation of the structure of a document
1. The arrangement of provisions on the same issue in a part, chapter, section or sub-section must adhere to the following principles:
a/ General provisions precede specific provisions;
b/ Substantive provisions precede procedural provisions;
c/ Provisions on rights and obligations precede provisions on sanction;
d/ Universal provisions precede particular provisions;
dd/ General provisions precede provisions on exceptional cases.
2. A document’s structure shall be presented according to the following principles:
a/ Part is the largest structural unit of a document. Parts of a document are independent from one another;
b/ Chapter is the second largest structural unit of a document. Chapters of a document are relatively independent from one another and arranged in a systematic and logical manner;
c/ Section is the third largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sections may be used in chapters containing many provisions and articles;
d/ Sub-section is the fourth largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sub-sections may be used in chapters containing many provisions, sections and articles;
dd/ Articles may be presented with clauses and points. Each article shall be presented in full, complete and grammatically correct sentences;
e/ Clauses are used when an article contains relatively independent ideas. Each clause shows a complete idea and is presented in complete sentences;
f/ Points are used when a clause contains different ideas.
According to the above regulations, the layout of legislative documents issued and drafted by the Ministry of Transport of Vietnam will be presented as follows:
- General provisions precede specific provisions;
- Substantive provisions precede procedural provisions;
- Provisions on rights and obligations precede provisions on sanction;
- Universal provisions precede particular provisions;
- General provisions precede provisions on exceptional cases.
Which authorities are in charge of drafting legislative documents of the Ministry of Transport of Vietnam?
Pursuant to Article 19 of Circular 26/2022/TT-BGTVT of Vietnam stipulating the authorities in charge of drafting legislative documents of the Ministry of Transport of Vietnam as follows:
- Departments directly draft legislative documents related to the functions and tasks of their agencies and organizations or as assigned by the Minister.
- Departments directly draft legislative documents of a specific nature or as assigned by the Minister.
Circular 26/2022/TT-BGTVT of Vietnam will take effect from January 1, 2023.
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