Vietnam: Documents and procedures for appraising regulations on administrative procedures in the military and national defense sector

According to Circular No. 92/2015/TT-BQP of the Ministry of Defense of Vietnam, the Legal Department of the Ministry of Defense is responsible for appraising the regulations on administrative procedures as stipulated in the draft legislative documents and reflecting the appraisal content in the appraisal reports. In this regard, the documents and procedures are regulated as follows:

The documents submitted for appraisal include: In addition to the required components of the documents submitted for appraisal according to the legal regulations on the issuance of legislative documents, the submitting agency or unit must also provide an assessment of the impact of the administrative procedures, as specified in Article 10 of Decree No. 63/2010/ND-CP, as amended and supplemented in Clause 3 Article 1 of Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing some provisions of decrees related to administrative procedure control (hereinafter referred to as Decree No. 48/2013/ND-CP), and Clause 1 and Clause 2 Article 6 of Circular No. 92/2015/TT-BQP.

Content of the appraisal of administrative procedures: Primarily consider the criteria specified in Clause 1 Article 6 of this Circular.

Procedures:

- The Legal Department of the Ministry of Defense shall return the documents submitted for appraisal to the agency or unit responsible for drafting, after requesting additional information. However, if the documents submitted for appraisal, which contain regulations on administrative procedures, do not include an assessment of the impact of the administrative procedures, the opinions of relevant agencies, units, and individuals affected by the regulations on administrative procedures, and the incorporation and explanation of the participating opinions of the agencies and units, they will be returned for further amendment.

- When receiving a request from the Legal Department of the Ministry of Defense, the relevant agencies and units are responsible for coordinating the appraisal of the regulations on administrative procedures as stipulated in the draft legislative documents.

Time limit for appraisal: Determined according to the regulations stated in the Regulation on the drafting and issuance of legislative documents issued together with Circular No. 06/2014/TT-BQP dated January 23, 2014 of the Minister of Defense.

View more details at Circular No. 92/2015/TT-BQP of the Ministry of Defense of Vietnam, effective from October 23, 2015.

Le Hai

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