Chương IV: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Soạn thảo, thẩm định dự án, dự thảo văn bản quy phạm pháp luật

Chapter IV

DRAFTING AND APPRAISAL OF DRAFT LEGAL DOCUMENTS

Section 1. DRAFTING OF LEGAL DOCUMENTS

Article 25. Responsibilities of agencies and organizations in charge of drafting legal documents

1. To perform the tasks prescribed by the Law.

2. To ensure the participation of the Ministry of Justice and the Government Office in the course of drafting legal documents.

3. To send dossiers of draft legal documents to the Vietnam Fatherland Front’s Central Committee, for legal documents of central agencies; to Vietnam Fatherland Front’s Committees of the same level, for legal documents of local agencies; or to the Vietnam Chamber of Commerce and Industry, for legal documents concerning rights and obligations of enterprises, to collect their opinions.

4. To prepare draft detailing documents after the Government decides to submit the relevant draft laws and ordinances.

Article 26. Establishment and operation of Drafting Boards

1. A minister or ministerial-level agency head shall establish a Drafting Board in case his/ her ministry or agency is assigned to take charge of drafting:

a/ A law or an ordinance of the National Assembly, or an ordinance or a resolution of the National Assembly Standing Committee to be submitted by the Government, except the case prescribed in Clause 1, Article 52 of the Law;

b/ A decree of the Government, if necessary.

2. The composition of a Drafting Board must comply with Article 53 and Point b. Clause 2, Article 90 of the Law.

A Drafting Board shall terminate its operation and resolve after the legal document is promulgated.

3. The Drafting Board shall operate on the following principles:

a/ Collegial discussion;

b/ Ensuring transparency, objectivity and scientificity;

c/ Upholding personal responsibility of the head and members of the Drafting Board.

4. A meeting of the Drafting Board shall be held as follows:

a/ The head of the Drafting Board shall convene the meeting, depending on the characteristics and contents of the draft legal document and requirements on the drafting schedule:

b/ The meeting shall be attended by representatives of related agencies and organizations, specialists, scientists and members of the editorial group;

c/ Members of the Drafting Board shall discuss issues prescribed in Clause 2, Article 54 of the Law at the meeting;

d/ Documents of the meeting shall be prepared by the agency in charge of the drafting and sent to members of the Drafting Board at least 5 working days before the meeting is held.

Article 27. Establishment of editorial groups

1. In case a Drafting Board is established, its head may set up an editorial group to assist the Drafting Board. The editorial group shall be composed of members appointed by agencies and organizations whose representatives are members of the Drafting Board, specialists and scientists. The editorial group shall have at most half of its members being specialists from the agency in charge of the drafting.

The head of the editorial group is a member of the Drafting Board who shall be appointed by the head of the Drafting Board and report to the head of the Drafting Board on assigned tasks. Members of the editorial group shall participate in all activities of the editorial group and be subject to the assignment of the head of the editorial group.

2. In case no Drafting Board is established, the agency in charge of the drafting may establish an editorial group with the participation of specialists, scientists and experts from the agency in charge of the drafting.

Article 28. Responsibility to propose and make lists of detailing documents

1. Ministries and ministerial-level agencies in charge of drafting legal documents with contents to be assigned for detailing shall:

a/ Propose documents detailing laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President, clearly stating the titles of documents to be detailed; articles, clauses and points to be assigned for detailing; tentative names of detailing documents, agencies in charge of, and agencies coordinating in, the drafting, and intended date of submission and promulgation of the draft;

b/ Collect contents of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders or decisions of the President to be assigned to localities for detailing;

c/ Within 20 days after a law or resolution of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee is passed; or within 10 days after an order or a decision of the President is signed, the ministry or ministerial-level agency in charge of the drafting shall send to the Ministry of Justice a list of detailing documents prescribed at Points a and b, Clause 1 of this Article.

2. The Ministry of Justice shall:

a/ Receive and summarize proposals so as to make lists of detailing documents specified at Points a and b, Clause 1 of this Article and send them to ministries and ministerial-level agencies to be assigned to draft such detailing documents for opinion;

b/ Assume the prime responsibility for, and coordinate with the Government Office in, making and submitting to the Prime Minister for consideration and decision lists of documents detailing laws and resolution of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President according to Clause 2, Article 82 of the Law;

c/ Notify in writing provincial-level People’s Councils and People’s Committees of lists of contents to be assigned to localities for detailing prescribed at Point b, Clause 1 of this Article.

3. Provincial-level Justice Departments shall:

a/ Assume the prime responsibility for, and coordinate with provincial-level People’s Council Offices and related agencies and organizations in, making and submitting to provincial- level People’s Council Standing Bodies for decision lists of resolutions of provincial-level People’s Councils which detail laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, and orders and decisions of the President;

b/ Assume the prime responsibility for, and coordinate with provincial-level People’s Committee Offices and related agencies and organizations in, making and submitting to provincial- level People’s Committee chairpersons lists of decisions of provincial-level People’s Committees which detail laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, and orders and decisions of the President.

Article 29. Responsibility to formulate, and monitor and urge the formulation of, detailing documents

1. Responsibilities of agencies in charge of drafting detailing documents:

a/ To ensure drafting quality and schedule and comply with the deadlines for submission of detailing documents as prescribed in decisions promulgating lists of detailing documents issued by the Prime Minister, provincial-level People’s Committee chairpersons and provincial-level People’s Council Standing Bodies;

b/ By the 23^rd every month, to update e-information or send information on the formulation and promulgation of detailing documents to legal organizations of ministries or ministerial-level agencies or provincial-level Justice Departments for monitoring and summarization. By the 25^th every month, legal organizations of ministries or ministerial-level agencies or provincial-level Justice Departments shall update e-information or send information to the Ministry of Justice;

c/ In case of proposing to adjust the time for submitting a detailing document, the agency in charge of the drafting shall make a written proposal, clearly stating the reason, solutions and implementation schedule and send such proposal to the Ministry of Justice or provincial-level Justice Department for summarization and reporting to the Prime Minister or to the provincial- level People’s Committee chairperson for consideration and decision.

2. Responsibilities of the Ministry of Justice:

a/ To monitor, urge and examine the drafting of detailing documents, ensuring drafting schedule and quality;

b/ Quarterly, to report to the Prime Minister on the situation, progress and matters arising in the course of drafting detailing documents.

3. Responsibilities of provincial-level Justice Departments:

a/ To monitor, urge and examine the drafting of detailing documents in localities, ensuring drafting schedule and quality;

b/ Quarterly, to report to provincial-level People’s Committee chairpersons and Ministry of Justice on the situation, progress and matters arising in the course of drafting detailing documents.

Article 30. Responsibility to formulate, and monitor and urge the promulgation of, new decrees of the Government and decrees amending, supplementing, replacing or annulling existing ones

1. Ministries and ministerial-level agencies shall base on review results and state management requirements to propose promulgating new decrees of the Government and amending, supplementing, replacing and annulling existing ones and send proposal dossiers to the Ministry of Justice for appraisal according to Chapter II of this Decree.

2. After the Government approves decree formulation proposals, the Government Office shall include such proposals into the Government’s working program; and monitor and urge the drafting and submission of decrees as prescribed in Clause 1 of this Article.

Article 31. Regulatory impact assessment for policies determined in draft legal documents

1. In the course of drafting, appraising, verifying, considering and giving opinions on drafts of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Governments as prescribed in Clauses 2 and 3, Article 19 of the Law, if such documents are proposed to be added with new policies, the agencies, organizations and individuals proposing the policies shall make regulatory impact assessment reports for such new policies within 10 days after proposing new policies.

Regulatory impact assessment reports for new policies shall be made according to Articles 5, 6 and 7; Point a, Clause 1, Article 8; and Article 9, of this Decree and included in dossiers of draft laws, resolutions, ordinances and decrees.

For documents to be submitted by the Government, agencies in charge of drafting the documents shall report to the Government on the contents of new policies (if any); for documents not to be submitted by the Government, the Ministry of Justice shall coordinate with verification agencies so as to timely report to the Government on the contents of new policies (if any).

2. Before drafting decisions of the Prime Minister and circulars of ministries and ministerial-level agencies prescribed in Clause 2, Article 24 of the Law, agencies in charge of the drafting shall make regulatory impact assessment reports for new policies (if any).

Regulatory impact assessment reports shall be made according to Articles 5, 6 and 7; Point a, Clause 1, Article 8; and Article 9, of this Decree.

3. In case new policies are proposed to be added to a draft decree detailing a law or resolution of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee, or an order or a decision of the President prescribed in Clause 1, Article 19 of the Law; or a draft decision of a provincial-level People’s Committee detailing a document of a superior state agency prescribed at Point c, Article 128 of the Law in the course of drafting such decree or decision, the agency in charge of the drafting shall conduct regulatory impact assessment in accordance with the Law and this Decree before drafting the decree or decision.

Article 32. Participation of organizations and individuals in the course of drafting legal documents

In the course of drafting legal documents, agencies in charge of the drafting may mobilize the participation of research institutes, universities, societies, associations and other related organizations or specialists and scientists in the following activities:

1. Conducting regulatory impact assessment for policies determined in draft legal documents.

2. Drafting documents and conducting other activities at the request of agencies in charge of the drafting.

Article 33. Processing of dossiers of draft legal documents at the Government Office and provincial-level People’s Committee Offices

1. Processing of the dossier of a draft legal document at the Government Office:

a/ The Government Office shall receive and examine the dossier. In case the dossier is incomplete, within 3 working days after receiving it, the Government Office shall request in writing the agency in charge of the drafting to supplement and complete the dossier;

b/ Within 5 working days after receiving a complete dossier, the Government Office shall submit it to the Prime Minister for the latter to consider and decide to bring it to the Government’s meeting;

In the cases prescribed in Articles 60 and 94; and Clause 1, Article 100, of the Law, within 7 days after the Government Office receives a complete dossier, the Minister-Chairperson of the Government Office shall hold a meeting of related agencies. Within 7 days after the meeting is held, the agency in charge of the drafting shall coordinate with related agencies in further revising and finalizing the draft for submission to the Government.

2. Processing the dossier of a draft legal document at a provincial-level People’s Committee Office:

a/ The provincial-level People’s Committee Office shall receive and examine the dossier. In case the dossier is incomplete, within 3 working days after receiving it, the provincial-level People’s Committee Office shall request in writing the agency in charge of the drafting to supplement and complete the dossier;

b/ Within 5 working days after receiving a complete dossier, the provincial-level People’s Committee Office shall submit it to the provincial-level People’s Committee chairperson for latter to consider and decide to bring it to the provincial-level People’s Committee meeting.

Article 34. Revision of draft legal documents after obtaining the Government’s opinions

1. Agencies in charge of the drafting shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Government Office and related agencies in, accepting opinions of the Government and revising and finalizing draft documents.

2. Under the authorization of the Prime Minister, ministers and heads of ministerial-level agencies shall, on behalf of the Government, sign reports on submission of draft laws and resolutions to the National Assembly; submission of draft ordinances and resolutions to the National Assembly Standing Committee; and submission of draft decrees to the Prime Minister for signing after they are approved by the Government.

Article 35. Preparation of the Government’s opinions on draft laws, ordinances and resolutions not to be submitted by the Government

1. Within 3 working days after receiving the dossier of a draft law, ordinance or resolution not to be submitted by the Government, the Government Office shall report and propose the Prime Minister to assign a ministry or ministerial-level agency to assume the prime responsibility for, and coordinate with the Ministry of Justice in, preparing the Government’s opinions. The agency in charge of preparing the Government’s opinions shall send the dossier of the draft to related ministries and ministerial-level agencies for opinion.

2. Within 5 working days after receiving the dossier, ministries and ministerial-level agencies shall send their written opinions on the draft to the ministry or ministerial-level agency assigned by the Prime Minister to take charge of preparing the Government’s opinions.

3. When necessary or at the request of the agency in charge of preparing the Government’s opinions, the Prime Minister shall decide to discuss the draft at a meeting of the Government.

4. On the basis of written opinions of ministries and ministerial-level agencies and opinions of members of the Government, the minister or head of the ministerial-level agency assigned by the Prime Minister to prepare the Government’s opinions shall assume the prime responsibility for, and coordinate with the Government Office and the Ministry of Justice in, summarizing and finalizing a document on the Government’s opinions, then sign the document and send it to the agency or organization in charge of the drafting on behalf of the Government and under the authorization of the Prime Minister.

Article 36. Drafting and promulgation of a document amending, supplementing, replacing or annulling many legal documents

1. A ministry or ministerial-level agency shall promulgate according to its competence, or propose a competent agency to promulgate, a legal document amending, supplementing, replacing or annulling many legal documents promulgated by the same agency in the following cases:

a/ When it is necessary to timely complete the legal system to implement a treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ When it is necessary to concurrently amend, supplement, replace or annul many legal documents of same sector or having a close relationship so as to ensure the consistency with a new legal document;

c/ The to-be-promulgated document has contents which are related to one document or many documents promulgated by the same agency but differ from provisions in such document(s);

d/ To implement an approved plan on simplification of administrative procedures.

2. Agencies, organizations and persons competent to propose People’s Councils or People’s Committees to promulgate legal documents shall propose People’s Councils or People’s Committees of the same level to issue a legal document amending, supplementing, replacing or annulling many legal documents promulgated by the same agency in the cases prescribed in Clause 1 of this Article,

Article 37. Proposals for formulation and promulgation of legal documents according to the simplified order and procedures

1. The Prime Minister shall, at his/ her own will or at the request of a minister or the head of a ministerial-level agency, decide according to his/ her competence or propose a competent agency to decide to apply the simplified order and procedures as prescribed in Article 146 and Clause 3, Article 147 of the Law.

2. Provincial-level People’s Council Standing Bodies shall, at their own will or at the request of provincial-level People’s Committees, decide to apply the simplified order and procedures in the formulation and promulgation of resolutions of provincial-level People’s Councils as prescribed in Article 146, and Clause 4, Article 147, of the Law.

3. Provincial-level People’s Committee chairpersons shall, at their own will or at the request of specialized agencies under provincial-level People’s Committees, decide to apply the simplified order and procedures in the formulation and promulgation of decisions of provincial- level People’s Committees as prescribed in Article 146, and Clause 4, Article 147, of the Law.

4. A written proposal prescribed in Clause 1, 2 or 3 of this Article shall clearly state the grounds for application of the simplified order and procedures; the title of the document and the necessity to promulgate the document; subjects and scope of regulation of the document; major contents of the document; agency expected to take charge of the drafting and intended time for submission of the document.

Article 38. Determination of effect of legal documents

1. Determination of effect of legal documents upon promulgation:

The effective date of a legal document shall be specified right in the document as prescribed in Articles 151 and 152 of the Law. The agency in charge of the drafting shall specify the intended effective date of the legal document right in the draft document on the basis of ensuring sufficient time for agencies, organizations and individuals to access the document and for subjects responsible for implementing the document to prepare for the implementation.

2. Identification of detailing documents ceasing to be effective:

a/ In case a legal document ceases to be effective, the legal document detailing articles, clauses and points as assigned in such document shall also cease to be effective;

b/ In case a legal document with contents assigned for detailing ceases to be effective in part, its parts which detail the contents ceasing to be effective shall cease to be effective concurrently with these contents. In case of impossibility to identify contents ceasing to be effective of a detailing document, such document shall cease to be effective in whole;

c/ In case a document details many legal documents of which only one document or several documents with contents assigned for detailing cease(s) to be effective, the detailing document shall have its contents ceasing to be effective concurrently with the document(s) with contents assigned for detailing which cease to be effective. In case of impossibility to identify the detailing document’s contents ceasing to be effective, such document shall cease to be effective in whole.

3. Ministries and ministerial-level agencies in charge of drafting legal documents which cease to be effective as prescribed in Clause 4, Article 154 of the Law shall:

a/ Make and publicize according to their competence, or submit to competent agencies for publicization, lists of detailing documents ceasing to be effective concurrently with documents with contents assigned for detailing as prescribed in Clause 2 of this Article before the date the documents with contents assigned for detailing cease to be effective;

b/ Promulgate according to their competence or propose competent agencies to promulgate documents to replace detailing documents ceasing to be effective in whole prescribed at Points b and c, Clause 2 of this Article.

4. Agencies that have promulgated detailing documents ceasing to be effective shall:

a/ Publicize lists of detailing documents ceasing to be effective as prescribed in Clause 4, Article 154 of the Law before the date such documents cease to be effective;

b/ Provide the annulment of detailing documents ceasing to be effective in the implementation provisions of legal documents amending, supplementing or replacing such detailing documents.

5. People’s Committees at various levels shall:

a/ Make and publicize according to their competence, or submit to Standing Bodies of People’s Councils of the same level for publicization, lists of detailing documents issued by People’s Committees or People’s Councils of the same level, which cease to be effective in whole or in part as prescribed in Clause 2 of this Article, before the date the documents with contents assigned for detailing cease to be effective;

b/ Promulgate according to their competence, or propose People’s Councils of the same level to promulgate, documents to replace detailing documents ceasing to be effective in whole as prescribed at Points b and c, Clause 2 of this Article.

Article 39. Numbering of draft legal documents

1. Agencies in charge of the drafting shall number drafts of legal documents so as to facilitate the monitoring and giving of opinions on such drafts.

2. Drafts of a legal document shall be numbered as follows:

a/ The 1^st draft is the draft which is submitted by the unit assigned to draft the document to the head of the agency in charge of the drafting;

b/ The 2^nd draft is the draft which is decided by the head of the agency in charge of the drafting to be sent to the Government Portal for publishing, to be published on the e-portal of the agency in charge of the drafting or of the concerned province or centrally run city for public opinion;

c/ The 3^rd draft is the draft which is sent to the appraisal agency after being revised based on opinions of agencies, organizations and individuals;

d/ The 4^th draft is the draft which has been revised based on appraisal opinions and is submitted to the Government for the latter to consider and decide on the submission to the National Assembly, for draft laws and resolutions of the National Assembly; submitted to the National Assembly Standing Committee, for draft ordinances or resolution of the National Assembly Standing Committee; submitted to the Government for consideration and approval, for draft decrees; submitted to the Prime Minister for consideration and promulgation, for draft decisions; submitted to a minister or the head of a ministerial-level agency for consideration and promulgation, for draft circulars and joint circulars; or submitted to a provincial-level People’s Committee for consideration and decision on the submission to the People’s Council, for draft resolutions of People’s Councils, or submitted to a People’s Committee for consideration and promulgation, for draft decisions;

dd/ The 5^th draft is the draft which has been technically revised on the basis of opinions of the Government before the Prime Minister, on behalf of the Government, signs or authorizes the signing of, the draft for submission to the National Assembly, for draft laws and resolutions of the National Assembly, or for submission to the National Assembly Standing Committee, for draft ordinances and resolutions of the National Assembly Standing Committee; or before it is signed by the Prime Minister for promulgation, for draft decrees; or which has been technically revised on the basis of the Prime Minister’s opinions, for draft decisions of the Prime Minister, or which has been technically revised on the basis of opinions of the minister(s) or head(s) of ministerial-level agency(ies) before it is signed for promulgation, for circulars and joint circulars; and resolutions of provincial-level People’s Councils and decisions of provincial- level People’s Committees.

Section 2. APPRAISAL OF DRAFT LEGAL DOCUMENTS

Sub-section 1. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY THE MINISTRY OF JUSTICE

Article 40. Responsibilities of the Ministry of Justice

1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.

2. To study related contents.

3. To hold appraisal consultancy meetings or form appraisal councils.

4. To request ministries, ministerial-level agencies and government-attached agencies to appoint representatives to coordinate in the appraisal.

5. To ensure the participation of related agencies and organizations, specialists and scientists.

Article 41. Responsibilities of ministries and ministerial-level agencies in charge of the drafting

1. To send dossiers of draft legal documents to the Ministry of Justice according to regulations.

2. To provide relevant information and documents at request of the Ministry of Justice.

3. To appoint representatives to join appraisal councils at the request of the Ministry of Justice.

4. To coordinate with the Ministry of Justice and the Government Office in studying, accepting appraisal opinions and revising draft legal documents on the basis of such opinions for submission to the Government and the Prime Minister.

Article 42. Receipt and examination of appraisal dossiers

1. The Ministry of Justice shall receive and examine a dossier of a draft legal document sent to it for appraisal.

In case the dossier does not meet the requirements prescribed in Clause 2, Article 58; Clause 2, Article 92; Clause 2, Article 98; and Clause 4, Article 109, of the Law, within 2 working days after receiving the dossier, the Ministry of Justice shall request the agency in charge of the drafting to supplement the dossier.

2. The agency in charge of the drafting shall supplement the dossier within 7 days after receiving the request. The appraisal time limit shall be counted from the date the Ministry of Justice receives a complete dossier.

Article 43. Establishment of appraisal councils

1. The Minister of Justice shall establish an appraisal council in the cases prescribed in Clause 1, Article 58; Clause 1, Article 92; and Clause 1, Article 98, of the Law.

2. An appraisal council shall be composed of a chairperson, a secretary and other members being representatives of the Ministry of Justice, the Government Office and other related agencies and organizations, specialists and scientists.

The total number of members of the appraisal council shall be decided by the Minister of Justice. In case of appraising a legal document which is drafted by the Ministry of Justice or has complicated contents concerning many sectors and fields, the number of representatives from the Ministry of Justice must not exceed one-third of the total number of members.

3. The appraisal council shall operate on the principle of collegial discussion and vote by majority and automatically dissolve after completing its tasks.

4. If deciding not to establish an appraisal council, the Ministry of Justice may hold an appraisal consultancy meeting with the participation of representatives of the agency in charge of the drafting, related units of the Ministry of Justice, representatives of related agencies and organizations, specialists and scientists.

Article 44. Meetings of appraisal councils

1. The chairperson of an appraisal council shall hold meetings of the appraisal council. A meeting may be held only when at least two-thirds of the total number of members are present. In case of impossibility to attend a meeting of the appraisal council, a member shall send his/ her written opinions to the Chairperson of the appraisal council.

2. Documents of a meeting of the appraisal council shall be sent by the Ministry of Justice to members of the council at least 5 working days before the meeting is held.

Article 45. Appraisal reports

1. Appraisal reports shall be made on the basis of studying draft legal documents and results of appraisal meetings.

2. In case the Ministry of Justice concludes that a draft legal document is unqualified to be submitted to the Government, it shall clearly state the reason in the appraisal report.

Sub-section 2. APPRAISAL OF DRAFT CIRCULARS BY LEGAL ORGANIZATIONS

Article 46. Responsibilities of legal organizations of ministries and ministerial-level agencies

1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.

2. To study related contents.

3. To request agencies in charge of the drafting to provide relevant information and documents.

4. To request ministers and heads of ministerial-level agencies to assign units to coordinate in the appraisal or establish appraisal consultancy councils.

Article 47. Responsibilities of units under ministries and ministerial-level agencies

1. Units under ministries and ministerial-level agencies in charge of drafting legal documents shall:

a/ Send dossiers of draft legal documents to legal organizations of ministries and ministerial- level agencies; provide information and documents relating to the draft legal documents at the request of legal organizations;

b/ Study and accept appraisal opinions and revise draft legal documents on the basis of appraisal opinions; report to ministers and heads of ministerial-level agencies and at the same time, send the written explanations to legal organizations.

2. Units under ministries and ministerial-level agencies, within the scope of their functions, tasks and powers, shall:

a/ Appoint representatives to participate in the appraisal at the request of legal organizations;

b/ To provide information and documents relating to the appraisal at the request of legal organizations.

Article 48. Appraisal of draft circulars

1. Ministers and heads of ministerial-level agencies shall establish consultancy councils for appraisal of the circulars specified in Clause 1, Article 102 of the Law. An appraisal consultancy council shall be composed of a chairperson, a secretary and members being representatives of related agencies and organizations, specialists and scientists.

The total number of members of an appraisal consultancy council shall be decided by the minister or ministerial-level agency head, of which the number of representatives from the legal organization of such ministry or ministerial-level agency must not exceed one-third of the total number of members.

2. An appraisal consultancy council shall terminate its operation and resolve after completing its tasks.

3. Documents of a meeting of an appraisal consultancy council shall be sent by the agency in charge of the appraisal to members of the council at least 3 working days before the date when the meeting is held.

4. On the basis of studying, and results of appraisal meetings on, draft circulars, legal organizations in charge of the appraisal shall complete appraisal reports for sending to units in charge of drafting circulars.

Sub-section 3. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY PROVINCIAL-LEVEL JUSTICE DEPARTMENTS

Article 49. Responsibilities of provincial-level Justice Departments

1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.

2. To study related contents.

3. To hold appraisal consultancy meetings and establish appraisal consultancy councils.

4. To participate in activities of agencies in charge of the drafting in the course of drafting documents.

5. To request specialized agencies and provincial departments to appoint representatives to coordinate in the appraisal.

6. To ensure the participation of related agencies and organizations, specialists and scientists.

Article 50. Establishment and operation of appraisal consultancy councils

1. Provincial-level Justice Department Directors shall establish appraisal consultancy councils according to Clause 1, Article 121 of the Law. A council shall be composed of a chairperson who is a leader of the provincial-level Justice Department, a secretary being a representative of the provincial-level Justice Department and members being representatives of specialized agencies under the provincial-level People’s Committee, other related agencies and organizations, specialists and scientists.

2. The total number of members of an appraisal consultancy council shall be decided by the provincial-level Justice Department Director. In case of appraising a draft which has complicated contents concerning many sectors and fields, or is drafted by the provincial-level Justice Department, the number of representatives from the provincial-level Justice Department must not exceed one-third of the total number of members.

3. An appraisal consultancy council shall terminate its operation and resolve after completing its tasks.

Article 51. Meetings of appraisal consultancy councils

1. A meeting shall be conducted only when at least two-thirds of the total number of members are present. In case a member of the council cannot attend a meeting, He/she shall send his/ her written opinions to the chairperson of the council.

2. The documents of a meeting shall be sent by the provincial-level Justice Department to members of the Council at least 3 working days before the meeting is held.

3. A meeting of an appraisal consultancy council shall be conducted according to the following order:

a/ A representative of the agency in charge of the drafting presents basic contents of the draft legal document;

b/ Members of the council discuss to-be-appraised contents according to Clause 3, Article 121 of the Law and other matters related to contents of the draft document. Before members of the council discuss, the secretary of the council shall read aloud opinions of members who are absent;

c/ A representative of the agency in charge of the drafting explains about matters related to the draft at the request of members of the council;

d/ The chairperson of the council concludes and clearly states whether or not the draft is qualified for submission to the provincial-level People’s Committee.

4. The secretary of the council makes a minutes of the meeting for submission to the council chairperson for signing.

Article 52. Appraisal reports

1. Appraisal reports shall be made on the basis of studying, and results of appraisal meetings on, draft legal documents.

2. In case the provincial-level Justice Department concludes that a draft is unqualified for submission to the provincial-level People’s Committee, it shall clearly state the reason in the appraisal report.

Sub-section 4. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY DISTRICT-LEVEL JUSTICE DIVISIONS

Article 53. Responsibilities of district-level Justice Divisions

1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.

2. To study related contents.

3. To participate in activities of agencies in charge of the drafting in the course of drafting documents.

4. To request specialized agencies under district-level People’s Councils and departments and sectors to give opinions on draft documents before conducting the appraisal.

Article 54. Organization of appraisal of draft resolutions of district-level People’s Councils and draft decisions of district-level People’s Committees

1. The heads of district-level Justice Divisions shall organize the appraisal of draft resolutions of district-level People’s Councils and draft decisions of district-level People’s Committees.

2. For draft documents which have complicated contents concerning many sectors and fields, before conducting the appraisal, district-level Justice Divisions may held meetings to collect opinions of agencies, departments, sectors, specialists and scientists.

3. On the basis of studying, and results of appraisal meetings on, draft documents, district- level Justice Divisions shall complete appraisal reports and send them to units in charge of the drafting. In case a district-level Justice Division concludes that a draft is unqualified for submission as prescribed in Clause 2, Article 134, and Clause 3, Article 139, of the Law, it shall clearly state the reason in the appraisal report.