Regulations on legal work of the Ministry of Natural Resources and Environment in Vietnam

Regulations on legal work of the Ministry of Natural Resources and Environment in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On January 29, 2024, the Minister of Natural Resources and Environment issued Decision 246/QD-BTNMT on Regulations on the Legal Work of the Ministry of Natural Resources and Environment in Vietnam.

1. Principles for carrying out the legal work of the Ministry of Natural Resources and Environment in Vietnam

- Legal work must ensure the constitutionality, legality, unity, and synchronization of the legal system; ensure timely and complete institutionalization, closely following the Party's policies and State laws.

- The Ministry's Party Committee orients, leads, and directs the Ministry's law-making work. The Minister generally directs the Ministry's legal work; the Deputy Minister directs legal work in the assigned field.

- Heads of units under the Ministry are personally responsible to the Minister for the progress and quality of implementing legal work; tighten discipline and enhance the responsibility of leaders in legal work; The results of legal work implementation are one of the criteria used to evaluate the level of completion of the head's tasks.

- Comply with the Law on Promulgation of legislative documents, relevant legislative documents, and this Regulation in legal work; strengthen review, inspection, supervision, and prevention of corruption, negativity, and "group interests" in drafting and promulgating legislative documents.

- Invest in lawmaking is investing in development; Prioritize allocating enough human resources, especially high-quality human resources, to attract talented people and good experts to participate in legal work; Invest and allocate funding at the highest level according to regulations for legal work.

(Article 3 of the Regulations on Legal Work of the Ministry of Natural Resources and Environment, issued together with Decision 246/QD-BTNMT 2024)

2. Program for developing legislative documents of the Ministry of Natural Resources and Environment in Vietnam

- The program for developing legislative documents of the Ministry of Natural Resources and Environment in Vietnam includes:

+ Laws, ordinances, and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; Joint resolutions between the National Assembly Standing Committee, the Government, and the Presidium of the Central Committee of the Vietnam Fatherland Front; orders and decisions of the President (assigned by the Government and Prime Minister to preside over drafting);

+ Government Decree; Joint resolution between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front;

+ Decision of the Prime Minister;

+ Circular of the Minister of Natural Resources and Environment, joint circular between the Minister of Natural Resources and Environment and the Chief Justice of the Supreme People's Court, Director of the Supreme People's Procuracy, and Auditor General of the House Water.

- The order of execution:

+ The leading unit proposes to draft legislative documents, report, and seek opinions from the leaders of the Ministry responsible for the field regarding the intended legislative documents to be included in the Program for the development of legislative documents of the Ministry for the next year.

+ The leading unit is responsible for constructing a proposal and issuing legislative documents in accordance with the provisions stated in paragraph 3 of this Article, as well as registering the Program for the development of legislative documents after receiving guidance from the leaders of the Ministry responsible for the field and submitting it to the Legal Affairs Department;

+ The Legal Department is responsible for synthesizing and completing the Ministry's annual legislative document development program, sending it to the Ministry's Party Committee for comments, and submitting it to the Minister for signature and promulgation after receiving opinions from the Party Committee of the Ministry.

In case of necessity, the Legal Department will hold meetings to collect opinions from relevant agencies and units before submitting them to the Party Committee of the Ministry and the Minister.

- Dossier proposing the development of legislative documents includes:

+ Proposal document of the unit (clearly stating the legal basis, necessity of promulgation; name, scope of regulation, subjects of application; objectives, main content of the document; feasibility, and expected resources and conditions to ensure implementation; time for submission to competent authorities);

+ Detailed project outline; draft legislative documents;

+ Other documents (if any).

- In cases where a request to develop legislative documents must be made according to the provisions of the law on the promulgation of legislative documents, the Legal Department only synthesizes into the Ministry's legislative document Development Program the legislative documents that have been approved by the Government and requested to develop legislative documents.

(Article 8 of the Regulations on legal work of the Ministry of Natural Resources and Environment issued together with Decision 246/QD-BTNMT in 2024)

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