Decision 407/QD-TTg 2022 Scheme on public communication about policies with great impacts on society

DECISION

Approving the Scheme on organization of public communication about policies with great impacts on society in the process of formulating legal documents for the 2022-2027 period^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 20, 2012 Law on Law Dissemination and Education;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents; and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the 2016 Law on Access to Information;

At the proposal of the Minister of Justice,

DECIDES:

Article 1. To approve the Scheme on organization of public communication about policies with great impacts on society in the process of formulating legal documents for the 2022-2027 period (below referred to as the Scheme) with the following principal contents:

I. GUIDING VIEWPOINTS

1. To thoroughly grasp the Party’s guidelines and policies on renewal, the State’s laws and the Government’s and Prime Minister’s instructions on the work of law formulation and improvement, organization of law enforcement, and law dissemination and education.

2. To closely link the lawmaking work with the work of organization of law enforcement, and law dissemination and education; to create mechanisms and conditions for the people, organizations and enterprises to give comments and criticism in the process of proposing policies and formulating legal documents toward centering on the people, strengthening democracy, and promoting human rights and citizens’ rights in state management and social management activities, and building a socialist law-ruled state of the people, by the people and for the people.

3. To strengthen the leadership, direction and management in order to promote the role of information and press agencies in carrying out public communication about policies and law; to thoroughly grasp regulations on protection of state secrets in the process of carrying out public communication activities.

II. OBJECTIVES

1. General objectives

To organize public communication about policies with great impacts on the society, especially difficult, sensitive and controversial issues in the process of proposing policies and formulating legal documents through various information and press channels, and multidimensional interaction between the people, organizations, enterprises and agencies in charge of drafting legal documents; to create a social consensus about policies and regulations that need to be issued or revised so as to fully, promptly and substantively meet requirements of reality; to contribute to improving the quality of policies and institutions, the feasibility of legal documents as well as raising the people’s and enterprises’ sense of respecting and abiding by law to achieve socio-economic development and national defense and security assurance goals.

2. Specific objectives

a/ By 2022, to complete dissemination of the Scheme, and provision of guidance and training and formulation of plans to implement the Scheme nationwide; 70% of policies with great impacts on the society regulated by the Scheme will be put for public communication by agencies in charge of drafting legal documents from the time of collecting opinions on proposals for formulation of legal documents to the time of approval and promulgation of legal documents.

b/ From 2023, all policies with great impacts on the society regulated by the Scheme will be put for public communication by agencies in charge of drafting legal documents from the time of collecting opinions on proposals for formulation of legal documents to the time of approval and promulgation of legal documents.

III. SCOPE OF THE SCHEME

1. Public communication about policies with great impacts on the society in the process of formulating legal documents (below referred to as draft policies) means an activity carried out  by agencies, units and individuals in charge of drafting legal documents in coordination with information and press agencies and related agencies, organizations and individuals. This activity aims to provide information about contents of draft policies in appropriate and lawful forms to to-be-impacted subjects and the entire society on the basis of multidimensional interaction and information; and publicize and transparentize the contents of received opinions and opinion explanations, and expected revisions and improvements of policies and institutions in adherence to the objectives of the Scheme.

2. The Scheme shall be implemented nationwide and apply to draft policies that fully meet the following criteria:

a/ They are expected to be issued together with legal documents for which it is required by the Law on Promulgation of Legal Documents to make proposals for formulation of legal documents before the drafting, except contents classified as state secrets in accordance with law;

b/ They are likely to exert direct impacts that give rise to, change or terminate rights and obligations of the people, organizations or enterprises;

c/ They are identified as difficult or sensitive issues that are of public concern or involve controversial opinions on their contents;

d/ They are likely to exert impacts on the whole country or the whole province or centrally run city.

3. The public communication about draft policies shall be carried out right from the time agencies in charge of drafting legal documents collect opinions on proposals for formulation of legal documents under the Law on Promulgation of Legal Documents.

4. In addition to the draft policies specified in Section 2 of this Part, agencies in charge of drafting legal documents shall base themselves on contents of draft policies or draft regulations, and practical requirements and conditions to take the initiative in carrying out the public communication about policies for which they provide advice in the process of formulation or which they issue.

5. The period of implementation of the Scheme: From 2022 to 2027.

IV. MAJOR TASKS AND SOLUTIONS

1. Raising awareness and responsibilities of authorities at all levels and all sectors about the position and role of the work of public communication about draft policies

a/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall take the initiative in disseminating information about and directing the work of public communication about draft policies in appropriate forms in order to raise the awareness of cadres, civil servants and public employees as well as the people, organizations and enterprises about the role and importance of this work; and promote the role and responsibilities of the entire political system in mobilizing and encouraging the people to pay attention and contribute opinions on draft policies.

b/ The Central Committee of the Vietnam Fatherland Front and its member organizations, Supreme People’s Court, Supreme People’s Procuracy, Vietnam Lawyers’ Association, Vietnam Bar Federation, and Vietnam Chamber of Commerce and Industry shall disseminate information about the work of public communication about draft policies in appropriate forms in order to raise the awareness of cadres, civil servants, and member organizations and individuals  about the role and importance of this work.

2. Improving policies and institutions on the work of public communication about draft policies

The Ministry of Justice shall assume the prime responsibility for, and coordinate with related agencies and organizations in, reviewing, studying, and providing advice for the improvement of, regulations on formulation of legal documents, law dissemination and education, and access to information in order to ensure legal bases and resources for the work of public communication about draft policies.

3. Promoting the proactive role of agencies, units and individuals in charge of drafting legal documents in organizing public communication about draft policies

Based on this Decision and programs/plans on formulation of draft legal documents of the National Assembly, Government, and local authorities, agencies in charge of drafting legal documents shall, based on contents and nature of draft policies and practical requirements, proactively and promptly formulate annual plans on organization of public communication about draft policies; coordinate with competent state agencies in ensuring information security in the process of carrying out public communication about draft policies; organize the receipt and processing of contributed opinions, feedbacks and social criticism opinions so as to revise and improve draft legal documents.

For draft policies the formulation and drafting of which are proposed by National Assembly deputies under the Law on Promulgation of Legal Documents, National Assembly deputies shall coordinate with information and press agencies and related agencies and organizations in carrying out public communication in conformity with practical conditions and requirements.

4. Intensifying the direction and monitoring of the public communication about draft policies by the Central Council for Coordination in Law Dissemination and Education and provincial-level Councils for Coordination in Law Dissemination and Education

a/ At the central level

Annually, based on legal document-making programs of the National Assembly and Government and practical requirements, the Central Council for Coordination in Law Dissemination and Education shall direct and monitor the public communication about draft policies regulated by the Scheme.

b/ At local levels

Annually, based on directing and guiding documents off the Central Council for Coordination in Law Dissemination and Education, legal document-making programs/plans of localities, and practical requirements, provincial-level Councils for Coordination in Law Dissemination and Education shall direct and monitor the public communication about draft policies regulated by the Scheme in their localities.

5. Preparing contents of public communication about draft policies

a/ Agencies in charge of drafting legal documents shall prepare adequate, concise, and easy-to-understand documents and contents of public communication about draft policies in diversified and vivid forms for posting on portals/websites of ministries, agencies and organizations at central and local levels, and the National Portal on Law Dissemination and Education, and for provision to information and press agencies to serve their activities of public communication about draft policies.

b/ Contents of public communication about a draft policy:

- Necessity of promulgation of the policy; purposes and viewpoints of formulation of the policy; scope of regulation and subjects of application of the policy;

- Major contents of the policy;

- The policy’s new contents or modified, supplemented or annulled contents compared with current regulations regarding lawful rights and interests and obligations of the people, organizations and enterprises, attaching special importance to difficult and controversial issues;

- Other contents (if any) that need to be popularized to the people, organizations, enterprises and the entire society.

6. Applying forms of public communication about draft policies

Based on practical conditions and requirements and specific subjects and localities, agencies, units and individuals in charge of drafting legal documents shall coordinate with information and press agencies at central and local levels and related agencies, organizations and individuals in actively and flexibly selecting forms of public communication about draft policies, specifically as follows:

a/ To carry out public communication about draft policies in the mass media

To promote the role of information and press managing agencies in leading, directing and setting orientations for information and press agencies to carry out public communication about draft policies through launching columns and communication campaigns, broadcasting news in time frames that attract audiences of the Vietnam Television, Voice of Vietnam, Vietnam News Agency, Government Portal, Vietnam National Assembly Television, Vietnam Law Newspaper, and information and press agencies of ministries, agencies and organizations at central and local levels.

b/ To prepare and publish communication manuals suitable to each subject or locality in order to provide information on draft policies to the people, organizations and enterprises.

c/ To organize conferences, seminars, forums, interviews, in-person and online dialogues and press briefings to exchange and provide information about draft policies to agencies, organizations, the people and enterprises; to attach special importance to mobilizing law rapporteurs at all levels, lawyers, jurists, legal aid providers, legal consultants, scientists, experts, activists, and representatives of agencies, organizations, associations and enterprises that are involved in these policies to contribute their opinions.

d/ To carry out public communication about draft policies in grassroots areas through broadcasting such policies via public address systems, posting them at notice boards and screens in residential areas, incorporating them in different types of grassroots culture and other appropriate forms.

dd/ To integrate and share information in order to publish contents of draft policies and annual plans on public communication about draft policies on the National Portal on Law Dissemination and Education and software applications for law dissemination and education, ensuring that such contents are consistent, interconnected and updated, and facilitating intensification of interaction with the people, organizations and enterprises.

e/ To carry out public communication through social media applications and other appropriate forms of public communication.

7. Raising capacity of officers carrying out public communication about draft policies

a/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing training  for correspondents, editors, and information and press managers at the central level. Provincial-level People’s Committees shall assume the prime responsibility for providing local correspondents, editors and information and press managers with training in communication knowledge and skills and processing of information  when carrying out public communication about draft policies, particularly difficult and controversial issues.

b/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries and agencies in, providing training for the contingent of central-level law rapporteurs and legal officers of ministries and central agencies and organizations. Provincial-level People’s Committees shall provide training for the contingent of provincial-level law rapporteurs, officers of boards of same-level People’s Councils, and legal officers of departments and sectors. District-level People’s Committees shall provide same-level law rapporteurs and commune-level law communicators under their management with training in knowledge and skills of public communication about draft policies to ensure proactive, flexible and effective public communication. 

c/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications, ministries, central agencies and organizations, and related agencies and units in, preparing manuals on skills of public communication about draft policies for provision  to ministries, and agencies and organizations at central and local levels to ensure consistency, quality and feasibility in implementation.

8. Mobilizing social resources for public communication about draft policies

a/ To promote the role of the Vietnam Fatherland Front and its member organizations in the public communication about draft policies in accordance with this Decision.

b/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Vietnam Lawyers’ Association, Vietnam Bar Federation and Vietnam Chamber of Commerce and Industry in, promoting the role and social responsibility of law-practicing individuals and organizations, scientists, activists, and experts in public communication about draft policies.

c/ To encourage organizations, enterprises and individuals to participate in, and provide resources to organize, public communication about draft policies in accordance with law.

VI. ORGANIZATION OF IMPLEMENTATION

1. Assignment of responsibilities

a/ Ministries and ministerial-level agencies

- To assume the prime responsibility for, and coordinate with the Ministry of Justice and related ministries, agencies, organizations and localities in, formulating and implementing their annual plans on organization of public communication about draft policies in accordance with this Decision.

- Annually, based on the contents and tasks stated in the Scheme and practical conditions, to allocate funds for the implementation of the Scheme; to evaluate results of the implementation of the Scheme, send reports thereon to the Ministry of Justice for summarization and further reporting to the Prime Minister and the Central Council for Coordination in Law Dissemination and Education (the contents of these reports are included in annual reports on judicial work under regulations).

b/ The Ministry of Justice

- To assume the prime responsibility for, monitor, urge, supervise and review, implementation of the Scheme; to study and learn international experiences for improving the quality and effectiveness of the work of public communication about draft policies; to find out and widely apply good models and effective methods; to timely reward organizations and individuals that have made great contributions to this work; annually summarize and send to the Prime Minister and the Central Council for Coordination in Law Dissemination and Education reports on the results of implementation of the Scheme (the contents of these reports are included in the annual reports of the Central Council for Coordination in Law Dissemination and Education under regulations).

- To perform the tasks assigned in this Scheme and the tasks of the permanent body of the Central Council for Coordination in Law Dissemination and Education in assuming the prime responsibility for, and coordinating with ministries, agencies, organizations and localities in, advising the Central Council for Coordination in Law Dissemination and Education on directing and guiding the organization of public communication about draft policies in accordance with this Decision; to assume the prime responsibility for carrying out public communication about a number of draft policies as assigned by the Central Council for Coordination in Law Dissemination and Education.

c/ The Ministry of Information and Communications

- To coordinate with the Ministry of Justice, agencies, units and individuals in charge of drafting of legal documents in directing and guiding information and press agencies to carry out public communication about draft policies in accordance with this Decision.

- To coordinate with the Party Central Committee’s Commission for Popularization and Education in directing popularization about, and setting orientations for, public communication about draft policies for information and press agencies, and handle issues arising in this work, ensuring compliance with the Party Central Committee’s Secretariat’s Decision No. 238-QD/TW of September 30, 2020, promulgating the Regulation on coordination between popularization and education committees at all levels and same-level state agencies in law enforcement, implementation of socio-economic development plans, and settlement of pressing issues of public concern.

d/ The Ministry of Foreign Affairs

To coordinate with the Ministry of Justice and related agencies and organizations in organizing public communication about draft policies for overseas Vietnamese and foreigners in Vietnam in appropriate and effective forms.

dd/ The Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Justice, other ministries, and central and local agencies and organizations in, reviewing, and proposing improvement of, policies and regulations on finance; to advise on the allocation of funds from the state budget and other lawful contributions and donations (if any) and guide the financial mechanism for implementation of the Scheme.

e/ The Central Committee of the Vietnam Fatherland Front and its member organizations, Vietnam Lawyers’ Association, Vietnam Bar Federation, and Vietnam Chamber of Commerce and Industry shall coordinate with the Ministry of Justice in organizing the implementation of the Scheme; intensify public communication about draft policies by information and press agencies under their management as well as about the role and importance of this work; encourage and mobilize their members and the people to raise their awareness, receive information and actively contribute opinions and criticism on draft policies.

g/ The Vietnam Television, Voice of Vietnam and Vietnam News Agency shall organize public communication about draft policies in accordance with this Decision; coordinate with the permanent body of the Central Council for Coordination in Law Dissemination and Education, agencies in charge of drafting legal documents, and agencies, organizations, enterprises, associations, experts, and scientists in launching columns and communication campaigns, and broadcasting news in time frames that attract audiences in order to carry out public communication about draft policies in the media, ensuring quality and efficiency.

h/ Provincial-level People’s Committees

Annually, based on the objectives, tasks, solutions stated in the Scheme and practical conditions, to promulgate their plans to implement the Scheme and allocate funds for implementation of the Scheme in their localities; to assign same-level Councils for Coordination in Law Dissemination and Education to assume the prime responsibility for directing, guiding and organizing public communication about draft policies in their localities.

Annually, to evaluate results of implementation of the Scheme and send reports thereon to the Ministry of Justice for summarization and further reporting to the Prime Minister and the Central Council for Coordination in Law Dissemination and Education (the contents of these reports are included in annual reports on judicial work under regulations).

2. Funds for implementation

a/ Funds for implementation of the Scheme shall be allocated from the state budget in accordance with the Law on the State Budget’s provisions on budget management decentralization; and from other lawful contributions and donations (if any).

b/ Ministries, agencies and organizations at central and local levels shall base themselves on the tasks and solutions stated in this Decision and regulations on task assignment, order placement or bidding for the provision of public products and services with the use of state budget funds reserved for current expenditures to make estimates and allocate annual funds and organize the implementation.

c/ To encourage the use of funds mobilized from domestic and foreign enterprises, organizations and individuals; to increase the use of funds included in approved relevant programs and schemes and other lawful sources for task performance.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH