What does dossier sent to the Legal Department for appraisal of draft document submitted to the Government and Prime Minister of the Ministry of Transport in Vietnam comprise?

What does dossier sent to the Legal Department for appraisal of draft document submitted to the Government and Prime Minister of the Ministry of Transport in Vietnam comprise?

Pursuant to Clause 1, Article 26 of Circular 26/2022/TT-BGTVT (effective from January 1, 2023) regulating documents sent to the Department of Legal Affairs for appraisal of draft documents submitted to the Government, Prime Minister of the Ministry of Transport as follows:

1. Documents submitted to the Legal Department for appraisal of draft documents submitted to the Government and Prime Minister include:

a) Draft Report to the Government and Prime Minister, clearly stating the need for promulgation, scope of regulation, subjects of application, drafting process, main content of the document, issues with different opinions, reference documents; Report of the agency in charge of drafting the draft legal document;

b) Draft legal documents after being submitted to the consulting agency for revision;

c) Report on review of legal documents related to the draft document;

d) An assessment of administrative procedures if the draft document stipulates administrative procedures; report on mainstreaming gender equality issues if the draft document has provisions related to gender equality issues;

d) Summary, explanation, and receipt of opinions from agencies, organizations, and individuals and copies of written comments from relevant agencies, organizations, and individuals;

e) Report assessing the impact of the policy on the decree specified in Clause 1 and Clause 2, Article 19 of the Law on Promulgation of Documents;

g) Resolution of the Government on requests to develop laws, ordinances and resolutions; decree according to the provisions of Clause 3, Article 19 of the Law on Promulgation of Documents;

h) Opinions of the consulting agency on the draft document;

i) Table comparing the draft document with the current document (which must clearly state the basis and reasons for amendments and supplements of each content);

k) Appraisal documents of the legal organization (in case the agency in charge of drafting the document is the Department) and report on receiving and explaining the appraisal opinions of the legal organization;

l) Opinions of the Ministry Office (Administrative Procedure Control Department) on the draft document;

m) References (if any).

The number of dossiers sent to the Legal Department for appraisal of draft legal documents is 02 sets.

What does dossier sent to the Legal Department for appraisal of draft document submitted to the Government and Prime Minister of the Ministry of Transport in Vietnam comprise? (Image from the Internet)

What is dossier sent to the Legal Department to request appraisal of the draft circular of the Ministry of Transport in Vietnam?

According to Clause 2, Article 26, Circular 26/2022/TT-BGTVT (effective from January 1, 2023) regulates documents sent to the Department of Legal requesting appraisal of the draft circular of the Ministry of Transport is as follows:

2. Documents submitted to the Legal Department requesting appraisal of the draft circular include:

a) Report to the Minister on the draft circular;

b) Draft circular after being revised;

c) Summary, explanation, and receipt of opinions from agencies, organizations, individuals and subjects directly affected by the draft; Copies of comments and suggestions from agencies, organizations and individuals;

d) Report assessing the impact of the policy in the draft circular (if any); an assessment of administrative procedures in cases where administrative procedures are assigned by law; report on mainstreaming gender equality issues if the draft document has provisions related to gender equality issues;

d) Table comparing the draft document with the current document (which must clearly state the basis and reasons for amendments and supplements of each content);

e) Different opinions between the drafting agency and the advisory agency submitting the draft document or related agencies (if any);

g) Appraisal documents of the legal organization (in case the agency in charge of drafting the document is the Department) and report on receiving and explaining the appraisal opinions of the legal organization;

h) Appraisal report of the Ministry of Science and Technology for the draft circular promulgating National Technical Regulations and report on receiving and explaining appraisal opinions of the Ministry of Science and Technology;

i) Opinions of the Ministry Office (Administrative Procedure Control Department) on the draft document;

k) References (if any).

What is dossier sent to the Ministry of Justice for appraisal of draft legal documents of the Ministry of Transport in Vietnam?

In Clause 3, Article 26, Circular 26/2022/TT-BGTVT (effective from January 1, 2023) regulates documents submitted to the Ministry of Justice for appraisal of draft legal documents of the Ministry of Transport is as follows:

3. Documents sent to the Ministry of Justice for appraisal:

a) For dossiers of appraisal of law projects, ordinances, and draft resolutions, comply with the provisions of Clause 2, Article 58 of the Law on Promulgation of Documents;

b) For dossiers of appraisal of the Government's decrees and decisions of the Prime Minister, comply with the provisions of Clause 2, Article 92 and Clause 2, Article 98 of the Law on Promulgation of Documents.

Best regards!