What are responsibilities of the Office of the Ministry in making a request for the formulation of legal documents of the Ministry of Industry and Trade of Vietnam?

What are responsibilities of the Office of the Ministry in making a request for the formulation of legal documents of the Ministry of Industry and Trade of Vietnam?

Pursuant to Article 8 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 responsibilities of the Office of the Ministry in making a request for the formulation of legal documents of the Ministry of Industry and Trade of Vietnam as follows:

The Office of the Ministry is responsible for controlling administrative procedures in the process of making a request for the formulation of legal documents in accordance with the provisions of the Minister's Circular No. 18/2018/TT-BCT dated July 19, 2018 Industry and Trade stipulating the control of administrative procedures within the scope of management functions of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 18/2018/TT-BCT).

What are responsibilities of the drafting unit in the assignment of responsibility for drafting legal documents of the Ministry of Industry and Trade of Vietnam?

Pursuant to Article 9 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 responsibilities of the drafting unit in the assignment of responsibility for drafting legal documents of the Ministry of Industry and Trade of Vietnam as follows:

The head of the drafting unit is responsible for:

1. Ensure the drafting progress, drafting process and quality of draft documents as prescribed in Chapter IV of Circular No. 08/2021/TT-BCT.

2. Implement the regime of periodically (weekly, annually) or irregularly reporting on the progress of the development of legal documents on the Program's implementation to the Legal Department for summarization and reporting to the leaders of the Ministries or agencies competent authority. The head of the unit is responsible for updating the progress according to the guidance of the Legal Department and ensuring that the updated deadline and accuracy of the progress are updated. In there:

a) For weekly progress reports: The deadline for submitting progress reports is before 11:00am on every Friday via email address vpc@moit.gov.vn. After the above time limit, if the Legal Department does not receive the unit's progress report, the Legal Department will take the latest week's progress to summarize the progress of developing documents and report to the Minister;

b) For annual progress reports: The deadline for submitting progress reports is before November 15 of each year;

In case the progress report date coincides with a working day off as prescribed by law, the units shall send an update on the day before that day off.

3. Promptly report and seek advice from the leaders of the Ministry in charge of progress, plans, contents, complicated issues, issues with different opinions on the draft regulation documents. violate the law as prescribed in Clause 2, Article 26 of Circular No. 08/2021/TT-BCT. For draft legal documents that the presiding unit determines has complicated and important contents, it is necessary to consult the Party Personnel Committee, the head of the presiding unit shall actively coordinate with the Office of the Party Personnel Committee to propose to include in the periodic or irregular working program of the Party Personnel Committee.

4. In case the submission time must be adjusted or removed from the Program due to objective reasons, due to delay in the drafting schedule, or due to unsatisfactory quality of the document, the Head of the drafting unit must report and approved by the Deputy Minister in charge of the field, then reported to the Minister for approval before sending to the Legal Department for consolidation. The written report must clearly state the cause of the adjustment or removal from the Program and propose remedial measures.

5. Take responsibility before the Minister, the Ministry leader for the documents that are behind schedule but do not report or report the adjustment or removal from the Program after the time of submission/issue of registered documents.

6. Report and get the consent of the Leader of the Ministry in charge of the field before sending the dossier of the draft legal document to upload the draft on the Portal and get opinions from organizations, individual.

In case there are different opinions between the lead unit and other units in the Ministry, the lead unit must report to the leader of the Ministry in charge of the field on the contents with different opinions.

What are responsibilities of the Legal Department in coordinating the drafting of legal documents of the Ministry of Industry and Trade of Vietnam?

Pursuant to Article 10 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 responsibilities of the Legal Department in coordinating the drafting of legal documents of the Ministry of Industry and Trade of Vietnam as follows:

1. Appoint staff to participate in drafting and coordinate with the unit in charge in the process of drafting documents as prescribed in Articles 23, 24, and 25 of Circular No. 08/2021/TT-BCT.

2. Post draft legal documents on Industry and Trade Legal Information page (legal.moit.gov.vn) for comments at the request of the drafting unit and on the basis of approval approved by the Head of the Ministry.

3. Ensure the time limit and quality of the appraisal of draft legal documents as prescribed in Chapter V of Circular No. 08/2021/TT-BCT.

Regarding the draft legal document, there are issues with different opinions, the Legal Department shall coordinate with the drafting unit to handle it. In case of necessity, the Legal Department proposes the Ministry's leaders to chair meetings with relevant units to discuss such issues before organizing the appraisal.

4. Guide units to report progress; to urge and compile reports on the implementation progress of the Ministry's Program on elaboration of legal documents.

5. Report to the Minister any problems arising during the implementation of the Program on elaboration of legal documents.

6. Draft 6-monthly, annual or ad-hoc reports on the development of legal documents under the direction of the Ministry's leadership or at the request of a competent authority.

Best regards!