What are regulations on collection of comments for drafting legislative documents by the Ministry of Construction of Vietnam?

What are regulations on collection of comments for drafting legislative documents by the Ministry of Construction of Vietnam?​ (Image from the Internet)

On January 24, 2025, the Minister of Construction of Vietnam issued Decision 101/QD-BXD in 2025 regarding the drafting regulations, issuing legislative documents within the scope of state management functions of the Ministry of Construction.

What are regulations on collection of comments for drafting legislative documents by the Ministry of Construction of Vietnam?​

According to the provisions of Article 10 of the Regulations issued under Decision 101/QD-BXD in 2025, the solicitation of opinions for the drafting of legislative documents by the Ministry of Construction is carried out as follows:

- The leading unit is responsible for sending the dossier proposing the drafting of legislative documents for comments from other units within the Ministry on administrative procedures and relevant content.

Units solicited for opinions must respond in writing within the specified time frame. If the document requesting opinions does not specify a deadline for replies, the units solicited must respond within 15 days from the date of receiving the request for feedback.

- Based on opinions from departments within the Ministry, the leading unit completes the proposal for drafting legislative documents and submits it to the Ministry's Leadership for signing the document soliciting opinions from:

(1) The Ministry of Finance regarding financial resources;

(2) The Ministry of Home Affairs regarding human resources;

(3) The Ministry of Foreign Affairs regarding compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a member;

(4) The Ministry of Justice regarding constitutionality, legality, and consistency of the legislative proposal with the legal system;

(5) The Central Committee of the Vietnam Fatherland Front; relevant authorities and organizations;

(6) The Vietnam Chamber of Commerce and Industry regarding legislative proposals related to the rights and obligations of enterprises; entities directly affected by the policies and implementation solutions for policy proposals in legislative document drafting as stipulated in Articles 36, 86 of the Law on Promulgation of legislative documents 2015 (amended 2020) and Article 10 of Decree 34/2016/ND-CP (amended and supplemented by Decree 59/2024/ND-CP).

The leading unit is responsible for cooperating with the Ministry's Office, and the Information Center to post the solicitation of opinions regarding legislative document drafting proposals on the Government of Vietnam's electronic portal, and the Ministry of Construction's electronic portal according to the provisions at point a, clause 1, Article 36, clause 1, Article 86 of the Law on Promulgation of legislative documents 2015 (amended 2020).

- The dossier for soliciting opinions includes the documents stipulated in clause 2, Article 9 of the Regulations issued under Decision 101/QD-BXD in 2025;

- In cases where it is necessary to accelerate the drafting progress, the leading unit may propose to the overseeing Ministry Leadership to concurrently solicit opinions from both internal and external units.

More details can be found in Decision 101/QD-BXD, which takes effect from January 24, 2025, and replaces Decision 619/QD-BXD of the Minister of Construction, issuing regulations on drafting and promulgating legislative documents within the scope of state management functions of the Ministry of Construction.

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