What are guiding principles, administration and assignment of responsibilities in development of legal documents in the Ministry of Industry and Trade in Vietnam?

What are guiding principles, administration and assignment of responsibilities in development of legal documents in the Ministry of Industry and Trade in Vietnam?

Pursuant to Article 2 of the Regulation on assignment of responsibilities and coordination in the development of legal documents promulgated together with Decision 1982/QD-BCT in 2022 stipulating guiding principles, administration and assignment of responsibilities in development of legal documents as follows:

1. The Minister comprehensively directs the formulation, appraisal and promulgation of legal documents of the Ministry of Industry and Trade.

2. The Deputy Minister in charge of the fields as assigned by the Minister directly directs, monitors and urges the elaboration of legal documents in the assigned fields.

3. The lead unit is responsible for reporting and seeking opinions from the leader of the Ministry in charge of the progress, contents, complicated issues, issues with different opinions (if any) for draft documents in the process of making proposals and drafting, before submitting them to the Minister for consideration and decision on signing/signing for promulgation of draft legal documents. The draft document must be approved by the Ministry's leadership before posting on the Portal and collecting opinions from organizations and individuals.

4. Legal documents that have been approved by the Government and the Prime Minister, the application for the formulation of legal documents will be included in the Program on formulation of legal documents of the Ministry of Industry and Trade of the Ministry of Industry and Trade based on the proposal of the unit in charge of drafting.

5. The leaders of the Ministry, the heads of the units under the Ministry, within the ambit of their functions, tasks and powers, are responsible for arranging staff, working facilities, information and other necessary conditions for the preparation, drafting, consultation, appraisal and promulgation of legal documents.

What is content of direction and administration in development of legal documents in the Ministry of Industry and Trade in Vietnam?

According to Article 3 of the Regulation on assignment of responsibilities and coordination in the development of legal documents promulgated together with Decision 1982/QD-BCT in 2022 stipulating contents of direction and administration in development of legal documents are as follows:

Leaders of the Ministry direct and administer the development of legal documents through the following contents:

1. The leader of the Ministry in charge of the field approves the plan to request the formulation of laws, ordinances and resolutions according to Point e, Clause 2, Article 8 of the Minister's Circular No. 08/2021/TT-BCT dated September 30, 2021 The Ministry of Industry and Trade stipulates the formulation and promulgation of legal documents of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 08/2021/TT-BCT).

2. The leader of the Ministry in charge of the field approves the application for formulation of legal documents of the unit in charge of drafting.

3. The Minister considers and decides on the Program for the formulation of legal documents and the adjustment and supplementation of the Program on the basis of verification opinions of the Legal Department as prescribed in Article 20 of Circular No. 08 / 2021/TT-BCT or approve reporting to competent authorities on the adjustment of submission time for draft legal documents under the working program of the Government and the Prime Minister.

4. The leader of the Ministry in charge of the field gives direction and urges to the unit in charge of drafting on progress, content, complicated issues, issues with different opinions (if any) ) for draft legal documents as prescribed in Clause 2, Article 26 of Circular No. 08/2021/TT-BCT and take responsibility before the Minister for ensuring the progress and quality of drafting legal documents in the assigned field.

5. Ministries' leaders give opinions on the opinion form of Ministry leaders submitted by the Legal Department on draft legal documents before submitting to the Minister for signing and promulgation or for signing and submitting to competent agencies for signing for promulgation according to the provisions of Article 34 of Circular No. 08/2018/TT-BCT.

6. The Minister shall sign for promulgation or submit to the competent authority the application dossier and sign for promulgation the project, draft legal document; authentically sign draft legal documents as prescribed in Articles 35, 37 and 39 of Circular No. 08/2021/TT-BCT.

What are responsibilities of relevant units in the development of legal documents of the Ministry of Industry and Trade in Vietnam? 

In Article 4 of the Regulation on assignment of responsibilities and coordination in the development of legal documents promulgated together with Decision 1982/QD-BCT in 2022, the responsibilities of relevant units are defined as follows:

1. The drafting unit is responsible for collecting opinions from relevant units in the process of requesting, drafting, appraising and promulgating legal documents.

Coordinating units are responsible for appointing representatives to join the Drafting Board, Editorial Team, Drafting Team when requested and must provide opinions in the process of elaborating legal documents within the functional scope of the unit at the request and time limit proposed by the unit in charge of drafting. The heads of the units are responsible for ensuring the content of opinions and the time limit for sending comments of their units at the request of the drafting unit.

2. The Department of Finance and Enterprise Innovation, the Office of the Ministry is responsible for allocating funds from the state budget for the construction and issuance of annual legal documents of the Ministry according to current regulations.

3. Based on the periodic and irregular working program of the Party Personnel Committee of the Ministry of Industry and Trade, the Office of the Party Personnel Committee is responsible for monitoring and urging the units assigned to assume the prime responsibility for elaborating legal documents in the Work Program according to the assigned schedule; assume the prime responsibility for, and coordinate with other units in, preparing dossiers and documents for requesting opinions of the Party Personnel Committee of the Ministry of Industry and Trade in writing or at the meeting of the Party Personnel Committee of the Ministry of Industry and Trade as prescribed.

Best Regards!