Decree 59/2024/ND-CP amend Decree 34/2016/ND-CP detailing Law on Promulgation of Legal Documents, amended under Decree 154/2020/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents, which had a number of articles amended and supplemented under the Government’s Decree No. 154/2020/ND-CP of December 31, 2020^[1]

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 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;

At the proposal of the Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents, which had a number of articles amended and supplemented under the Government’s Decree No. 154/2020/ND-CP of December 31, 2020.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents (below referred to as Decree No. 34/2016/ND-CP), which had a number of articles amended and supplemented under the Government’s Decree No. 154/2020/ND-CP of December 31, 2020 (below referred to as Decree No. 154/2020/ND-CP)

1. To amend and supplement Clauses 1 and 2, Article 2 of Decree No. 34/2016/ND-CP as follows:

“1. Policy means the State’s orientation or solution for institutionalizing the Party’s line and guidelines, and resolving practical issues in order to attain a certain objective.

2. Regulatory impact assessment means the analysis and forecast of impacts of a policy so as to select the optimal solution for implementation of such policy.”.

2. To amend the title of Section 1, Chapter II of Decree No. 34/2016/ND-CP as follows:

“Section 1

REGULATORY IMPACT ASSESSMENT”

3. To amend and supplement Article 6 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 3, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“Article 6. Regulatory impact assessment

Regulatory impact assessment covers:

1. Impacts on the legal system, which shall be assessed on the basis of analyzing the constitutionality, legality and uniformity of policies with the legal system; the compatibility of policies with relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Socio-economic impacts, which shall be assessed on the basis of conducting cost-benefit analysis, positive and negative impacts in terms of one or several content(s) related to production and business; employment, ethnicity, religion, culture, healthcare, education and environment; national defense and security; and other socio-economic issues.

3. Gender impacts (if any), which shall be assessed on the basis of analyzing opportunities, conditions and capacity of exercising rights and enjoying benefits of each gender.

4. Impacts of administrative procedures (if any), which shall be assessed on the basis of analyzing the necessity, reasonability and observance costs of administrative procedures for policy implementation.”.

4. To amend and supplement Article 7 of Decree No. 34/2016/ND-CP as follows:

“Article 7. Formulation of regulatory impact assessment reports

1. Regulatory impact assessment reports shall be made according to Form No. 01 provided in Appendix V to this Decree.

2. Regulatory impact assessment shall be carried out by quantitative and qualitative methods in which the quantitative method is prioritized. In case it is impossible to apply the quantitative method, a regulatory impact assessment report must clearly state the reason”.

5. To amend and supplement Article 10 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Point b, Clause 1, Article 2 of Decree No. 154/2020/ND-CP, as follows:

“Article 10. Responsibility to collect opinions on proposals for formulation of legal documents

1. Agencies making proposals for formulation of legal documents of central agencies shall collect opinions of subjects directly affected by the policies mentioned in proposals and opinions of ministries, ministerial-level agencies, government-attached agencies, the Central Committee of the Vietnam Fatherland Front, and related agencies and organizations; and collect opinions of the Vietnam Chamber of Commerce and Industry on proposals for formulation of legal documents related to rights and obligations of enterprises.

2. Agencies making proposals for formulation of resolutions of provincial-level People’s Councils shall collect opinions of subjects directly affected by the policies mentioned in the proposals, specialized agencies under provincial-level People’s Committees, provincial-level Committees of the Vietnam Fatherland Front, and related agencies and organizations.”.

6. To amend and supplement Point c, Clause 1, and Point c, Clause 2, Article 13 of Decree No. 34/2016/ND-CP as follows:

a/ To amend and supplement Point c, Clause 1 as follows:

“c/ To establish an advisory council for appraisal of proposals for formulation of legal documents with the participation of representatives of the Ministry of Finance, Ministry of Home Affairs, Ministry of Foreign Affairs, Government Office and related agencies and organizations, experts and scientists.

Members of the appraisal advisory council shall study dossiers of proposal for formulation of legal documents and present their appraisal opinions based on the contents specified in Clause 3, Article 39 and Clause 3, Article 88 of the Law. The appraisal advisory council shall terminate its operation and dissolve after the appraisal meeting concludes;”.

b/ To amend and supplement Point c, Clause 2 as follows:

“c/ To establish an advisory council for appraisal of proposals for formulation of resolutions of provincial-level People’s Councils as specified in Clause 4, Article 27 of the Law with the participation of representatives of provincial-level Departments of Finance and Departments of Home Affairs, and related agencies and organizations, experts and scientists.

Members of the appraisal advisory council shall study dossiers of proposal for formulation of legal documents and present their appraisal opinions based on the contents specified in Clause 3, Article 115 of the Law. The appraisal advisory council shall terminate its operation and dissolve after the appraisal meeting concludes;”.

7. To amend and supplement Point a, Clause 2, Article 17 of Decree No. 34/2016/ND-CP as follows:

“a/ The Government Office shall receive and examine dossiers of proposal for formulation of laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; and decrees of the Government. In case a dossier of proposal for formulation of legal documents is not complete, within 3 working days after receiving the dossier, the Government Office shall request in writing the agency in charge of making the proposal to supplement and complete the dossier;”.

8. To amend and supplement Clause 3, Article 25 of Decree No. 34/2016/ND-CP as follows:

“3. Agencies in charge of drafting legal documents of central agencies shall collect opinions of the Central Committee of the Vietnam Fatherland Front and related agencies and organizations; and collect opinions of the Vietnam Chamber of Commerce and Industry for drafts related to rights and obligations of enterprises.

Agencies in charge of drafting resolutions of provincial-level People’s Councils and decisions of provincial-level People’s Committees shall collect opinions of specialized agencies under provincial-level People’s Committees, provincial-level Committees of the Vietnam Fatherland Front, and related agencies and organizations.”.

9. To amend and supplement Clause 1, and Point d, Clause 4, Article 26 of Decree No. 34/2016/ND-CP as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A minister or ministerial-level agency head shall establish a drafting board in case his/her ministry or ministerial-level agency is assigned to take charge of the drafting as specified in Clause 2, Article 52, and at Point b, Clause 2, Article 90 of the Law.

Agencies and organizations shall assign their representatives with appropriate expertise to join the drafting board and create favorable conditions for such representatives to fully participate in activities of the drafting board.”.

b/ To amend and supplement Point d, Clause 4 as follows:

“d/ Documents of a meeting of the drafting board shall be prepared by the agency in charge of the drafting and sent to members of the drafting board at least 3 working days before the date the meeting is held.”.

10. To amend and supplement Clause 2, Article 27 of Decree No. 34/2016/ND-CP as follows:

“2. In case no drafting board is established, the agency in charge of the drafting may establish an editorial team with the participation of experts, scientists and no more than half of members who are representatives of the agency in charge of the drafting. The editorial team shall organize the drafting and take responsibility before the agency in charge of the drafting for the quality and schedule of draft legal documents.”.

11. To amend and supplement Point a, Clause 3, Article 28 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 5, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“a/ Assume the prime responsibility for, and coordinate with related agencies and organizations in, making, and proposing provincial-level People’s Committees to consider and decide on, 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;”.

12. To add Clause 5 to Article 29a of Decree No. 34/2016/ND-CP, which was added under Clause 7, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“5. Specialized agencies of provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with provincial-level Departments of Justice in, reviewing and determining the contents for which they are assigned to detail the Government’s decrees, Prime Minister’s decisions and circulars of ministers and heads of ministerial-level agencies in order to promptly propose promulgation of detailing documents.”.

13. To add Clause 3a below Clause 3, and amend and supplement Clause 4, Article 37 of Decree No. 34/2016/ND-CP as follows:

a/ To add Clause 3a below Clause 3 as follows:

“3a. Proposals for formulation and promulgation of legal documents according to the fast-track order and procedures specified in Clauses 1, 2 and 3 of this Article shall be carried out before or in the course of drafting legal documents.”.

b/ To amend and supplement Clause 4 as follows:

“4. A written proposal for formulation and promulgation of a legal document according to the fast-track order and procedures specified in Clauses 1, 2 and 3 of this Article must have the following principle contents:

a/ Necessity to promulgate the document;

b/ Title of the document;

c/ Subjects and scope of regulation of the document;

d/ Major contents of the document;

dd/ Grounds for application of the fast-track order and procedures, specifying cases in which it is allowed to apply the fast-track order and procedures as mentioned in Article 146 of the Law; and reasons for proposing the application of the fast-track order and procedures. For the cases specified in Clause 1, Article 146 of the Law, it is required to specify problems arising in reality and possible consequences as a result of failure to promptly promulgate legal document to resolve such problems;

e/ Agency expected to take charge of the drafting and intended time for submission or promulgation of the document.”.

14. To amend and supplement Clause 4, Article 38 of Decree No. 34/2016/ND-CP as follows:

“4. Agencies that have promulgated detailing documents that cease to be effective shall publicize lists of detailing documents that cease to be effective as specified in Clause 4, Article 154 of the Law before the date such documents cease to be effective. For resolutions of People’s Councils, the Standing Bodies of People’s Councils at the same level shall publicize the lists of resolutions ceasing to be effective that are formulated by People’s Committees at the same level, and report them to People’s Councils at the nearest session.”. 

15. To amend and supplement Clause 3, Article 40 of Decree No. 34/2016/ND-CP as follows:

“3. To hold appraisal consultancy meetings or establish appraisal councils.”.

16. To amend and supplement Clause 1, Article 42 of Decree No. 34/2016/ND-CP as follows:

“1. The Ministry of Justice shall receive and examine dossiers of draft legal documents sent to it for appraisal in accordance with Clause 2, Article 58; Clause 2, Article 92; Clause 2, Article 98; and Clause 4, Article 109, of the Law.

A dossier of a draft legal document, sent together with a written request to the Ministry of Justice for appraisal, must comprise an official letter; a draft document with adjoining sheets appended with an overlapping seal on their inner edges; and other documents with their first pages appended with seals of ministries and ministerial-level agencies.

In case the dossier does not meet the requirements specified in this Clause, 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.”.

17. To amend and supplement Clause 2, Article 43 of Decree No. 34/2016/ND-CP as follows:

“2. An appraisal council shall be composed of the chairperson, a secretary and members being representatives of the Ministry of Justice, Government Office and other related agencies and organizations, experts 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 for which the Ministry of Justice takes charge of the drafting, the number of representatives from the Ministry of Justice must not exceed one-third of the total number of members of the council.

Members of the appraisal council shall study dossiers of draft legal documents and present their appraisal opinions based on the contents specified in Clause 3, Article 58; Clause 3, Article 92; Clause 3, Article 98; Clause 4, Article 109, of the Law.”.

18. To amend and supplement Clause 2, Article 44 of Decree No. 34/2016/ND-CP as follows:

“2. The Ministry of Justice shall send documents of a meeting of the appraisal council to council’s members at least 3 working days before the date the meeting is held.”.

19. To amend and supplement Clause 3, Article 48 of Decree No. 34/2016/ND-CP as follows:

“3. The agency in charge of the appraisal shall send documents of a meeting of the appraisal advisory council to the council’s members at least 3 working days before the date the meeting is held.

Members of the appraisal advisory council shall study dossiers of draft legal documents and present their appraisal opinions based on the contents specified in Clause 3, Article 102 of the Law.”.

20. To amend and supplement Clause 3 of, and add Clause 7 to, Article 49 of Decree No. 34/2016/ND-CP as follows:

a/ To amend and supplement Clause 3 as follows:

“3. To hold appraisal consultancy meetings and establish, and hold meetings of, appraisal advisory councils or appraisal councils.”.

b/ To add Clause 7 as follows:

“7. Provincial-level Departments of Justice shall receive and examine dossiers of draft legal documents sent to them for appraisal. In case such a dossier does not meet the requirements specified in Clause 2, Article 121; and Clause 2, Article 130, of the Law, within 2 working days after receiving the dossier, the provincial-level Department of Justice shall request the agency in charge of the drafting to supplement the dossier.”.

21. To amend and supplement Article 50 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 12, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“Article 50. Establishment and operation of appraisal advisory councils or appraisal councils

1. Directors of provincial-level Departments of Justice shall:

a/ Establish appraisal advisory councils for draft resolutions related to multiple fields or draft resolutions for which provincial-level Departments of Justice take charge of the drafting as specified in Clause 1, Article 121 of the Law;

b/ Establish consultancy councils for draft resolutions related to multiple fields or draft resolutions for which provincial-level Departments of Justice take charge of the drafting as specified in Clause 1, Article 130 of the Law. In case no consultancy council is established, provincial-level Departments of Justice may hold appraisal consultancy meetings with the participation of representatives of agencies in charge of the drafting and representatives of related agencies and organizations.

2. A council shall be composed of the chairperson who is a leader of the provincial-level Department of Justice, a secretary who is a representative of the provincial-level Department of Justice, and members who are representatives of specialized agencies of the provincial-level People’s Committee and other related agencies and organizations, experts and scientists. The total number of members of the council shall be decided by the Director of the provincial-level Department of Justice. In case of appraising a draft document for which the provincial-level Department of Justice takes charge of the drafting, the number of representatives from the provincial-level Department of Justice must not exceed one-third of the total number of members of the council.

3. Council members shall study dossiers of draft legal documents and present their appraisal opinions based on the contents specified in Clause 3, Article 121; and Clause 3, Article 130, of the Law. The council shall terminate its operation and dissolve after the appraisal meeting ends.”.

22. To amend and supplement Article 51 of Decree No. 34/2016/ND-CP as follows:

“Article 51. Meetings of appraisal advisory councils or appraisal councils

1. A meeting of the appraisal advisory council or appraisal council shall be held 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 provincial-level Department of Justice shall send documents of the appraisal meeting to members of the council at least 3 working days before the date the meeting is held.

3. A council’s meeting shall be held 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 present their appraisal opinions on the contents specified in Clause 3, Article 121 and Clause 3, Article 130 of the Law and other issues related to contents of the draft document. Before members of the council present their appraisal opinions, the secretary of the council shall read aloud opinions (if any) of members who are absent;

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

d/ The chairperson of the council concludes on the appraised contents. 

4. The secretary of the council shall make a minutes of the meeting for submission to the chairperson of the council for signing.”.

23. To amend and supplement Clause 2, Article 64 of Decree No. 34/2016/ND-CP as follows:

“2. In case a document is promulgated together with another document, the latter document must have its first page appended with a seal of the promulgating agency.”.

24. To amend and supplement Clause 1, Article 75 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 16, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“1. When invoking a law or resolution for the first time, it is required to indicate the type name, title, serial number and code of the document; for another document, it is required to indicate the type name, serial number, code, and date of approval or signing, of the document, and name of the agency or person competent to promulgate, and the title of, the document. For subsequent invocations, it is required to indicate the type name and title of the document, for laws and ordinances; and the type name, serial number and code of the document, for other documents.”.

25. To amend and supplement Point a, Clause 2, Article 113 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Point a, Clause 22, Article 1 of Decree No. 154/2020/ND-CP, as follows:

“a/ The Minister of Justice shall exercise the document examination power as specified in Clause 1 of this Article and assist the Prime Minister in examining documents that show illegal signs, including: circulars of ministers and heads of ministerial-level agencies; provisions of joint circulars of ministers/heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court/Procurator General of the Supreme People’s Procuracy/State Auditor General that involve fields of state management by ministries and ministerial-level agencies; resolutions of provincial-level People’s Councils, decisions of provincial-level People’s Committees; and legal documents of local administrations of special administrative-economic units that involve multiple sectors or fields of state management;”.

26. To amend and supplement Clause 1, Article 159 of Decree No. 34/2016/ND-CP as follows:

“1. Once every 5 years, the Government shall consider, and, in case of necessity, propose the National Assembly Standing Committee to decide on, an overall review of the system of documents; and submit a plan on overall review of the system of documents to the National Assembly Standing Committee for promulgation, and organize the implementation thereof.”.

27. To add Clause 3 to Article 160 of Decree No. 34/2016/ND-CP as follows:

“3. Once every 3 years, the Government shall direct agencies and localities to review documents according to their fields and areas of management.

The Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and localities in, formulating plans and submitting them to the Prime Minister for promulgation, and act as the focal-point agency organizing the implementation of the plans.”.

28. To amend and supplement Clauses 1, 2 and 4, Article 181 of Decree No. 34/2016/ND-CP as follows:

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. Making proposals for formulation of legal documents and law- and ordinance-making programs, including such activities as reviewing law enforcement; surveying and assessing the actual situation of relevant social relations; conducting scientific research, studying relevant information and treaties and translating foreign documents into Vietnamese; formulating contents of policies; conducting regulatory impact assessment; carrying out communication about basic contents of policies and collecting opinions from related agencies and organizations; revising and finalizing proposals for formulation of legal documents; and making lists, programs and plans on formulation of legal documents of the Government, Prime Minister, ministries, ministerial-level agencies and local administrations.

2. Formulation of legal documents, including such activities as organizing the drafting of documents; collecting, reviewing and assessing relevant documents; assessing impacts of documents; carrying out communication about basic contents of draft documents, collecting opinions from related agencies and organizations, and revising and finalizing documents.”.

b/ To amend and supplement Clause 4 as follows:

“4. Activities relating to the organization of law enforcement, such as carrying out law dissemination and education; examining and handling legal documents; reviewing and systematizing legal documents; controlling administrative procedures; monitoring law enforcement; consolidating legal documents and codifying legal norms; publishing Cong Bao; and translating legal documents into foreign languages and ethnic minority languages.”.

29. To amend the title of Article 184 and add Clause 1a below Clause 1, Article 184 of Decree No. 34/2016/ND-CP as follows:

a/ To amend the title of Article 184 as follows:

“Article 184. Responsibilities of ministers, heads of ministerial-level agencies and provincial-level People’s Committees for formulating legal documents and improving the legal system”.

b/ To add Clause 1a below Clause 1 as follows:

“1a. To carry out communication about basic contents of policies in proposals for formulation of legal documents and draft legal documents in the mass media and in other suitable forms that involve complicated issues, are of public concern, involve divergent opinions, and have direct impacts giving rise to, changing or terminating the rights and obligations of individuals, organizations and enterprises.”.

30. To add Clause 3 to Article 188 of Decree No. 34/2016/ND-CP as follows:

“3. Annulment or replacement of joint circulars promulgated by ministers and heads of ministerial-level agencies before July 1, 2016:

a/ In case of necessity to annul the whole of a joint circular, the minister(s) and head(s) of ministerial-level agency(ies) having taken charge of formulating the joint circular shall promulgate a circular annulling such joint circular after reaching agreement in writing with the ministry(ies) and ministerial-level agency(ies) having jointly promulgated the circular;

b/ In case of necessity to replace part of a joint circular, the minister(s) and head(s) of ministerial-level agency(ies) shall issue a circular providing contents in the sectors or fields under their management, and annul the contents in the joint circular that have been replaced after reaching agreement in writing with the ministry(ies) and ministerial-level agency(ies) having jointly promulgated the circular.”.

Article 2. To add or replace a number of forms in the Appendix to Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP; to annul a number of provisions of Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP

1. To add Forms Nos. 12, 13 and 14 provided in Appendix I to this Decree to Appendix V to Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP:

a/ Form No. 12. Report on inclusion of gender equality issue in draft legal documents;

b/ Form No. 13. Report on review of legal documents related to draft legal documents;

c/ Form No. 14. Paper of summarization, explanation and acceptance of opinions of agencies, organizations and individuals on proposals for formulation of legal documents/draft legal documents.

2. To replace:

a/ Form No. 42 provided in Appendix I to Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP, with Appendix 42 provided in Appendix II to this Decree;

b/ Forms Nos. 01, 02 and 03 provided in Appendix V to Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP, with Forms Nos. 01, 02, 03 provided in Appendix III to this Decree.

3. To annul a number of provisions of Decree No. 34/2016/ND-CP, which had a number of articles amended and supplemented under Decree No. 154/2020/ND-CP:

a/ To annul the phrase “showing signs” specified in Clause 1, Article 112 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 21, Article 1 of Decree No. 154/2020/ND-CP; Clause 2, Article 112 of Decree No. 34/2016/ND-CP; Point a, Clause 4, Article 115 of Decree No. 34/2016/ND-CP; Point a, Clause 1, Article 122 of Decree No. 34/2016/ND-CP; Clause 4, Article 122 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Point b, Clause 26, Article 1 of Decree No. 154/2020/ND-CP; and Clause 1, Article 124 of Decree No. 34/2016/ND-CP;

b/ To annul Clauses 2 and 4, Article 14 of Decree No. 34/2016/ND-CP;

c/ To annul Article 5 of Decree No. 34/2016/ND-CP; Article 8 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Point e, Clause 1, Article 2 of Decree No. 154/2020/ND-CP; and Article 31 of Decree No. 34/2016/ND-CP, which was amended and supplemented under Clause 9, Article 1 of Decree No. 154/2020/ND-CP.

Article 3. Effect

This Decree takes effect on June 1, 2024.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The appendices to this Decree are not translated.