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 the Government's Decree No. 34/2016/ND-CP dated May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents, which was amended and supplemented under the Government's Decree No. 154/2020/ND-CP dated December 31, 2020

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

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

At the proposal of the Minister of Justice;

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

Article 1. Amending and supplementing a number of the Government's Decree No. 34/2016/ND-CP dated May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents, which was amended and supplemented under the Government's Decree No. 154/2020/ND-CP dated December 31, 2020

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

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

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

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 according to the following contents:

1. Impacts on the legal system, which shall be assessed on the basis of analyzing the constitutionality, lawfulness and consistency of the policy compared to the legal system; the compatibility 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 on one matter or several matters related to production, business; employment, ethnic, religion, healthcare, education, environment; national defense, security; and other socio-economic matters.

3. Gender impacts (if any), which shall be assessed on the basis of analyzing the 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 to implement the policy.”.

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

“Article 7. Preparation 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 conducted by the quantitative and qualitative methods. In which, priority is given to the quantitative method. In case of impossibility 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 determined in the proposals, ministries, ministerial-level agencies, and government-attached agencies, the Central Committee of the Vietnam Fatherland Front, and of related agencies and organizations; collect opinions of the Vietnam Chamber of Commerce and Industry for proposals for formulation of legal documents relating to enterprises’ rights and obligations.

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

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) Establish consultancy councils for appraisal of proposals for formulation of legal documents with the participation of representatives of the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Government Office, related agencies and organizations, specialists and scientists.

Members of appraisal consultancy councils shall study dossiers of proposals for formulation of legal documents and give appraisal opinions according to required contents specified in Clause 3 Article 39 and Clause 3 Article 88 of the Law. An appraisal consultancy council shall terminate its operation and resolve after completing the appraisal meeting;”.

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

“c) Establish consultancy councils for appraisal of proposals for formulation of resolutions of provincial-level People’s Councils specified in Clause 4, Article 27 of the Law, with the participation of representatives of the provincial Departments of Finance, provincial-level Departments of Home Affairs, related agencies and organizations, specialists and scientists.

Members of appraisal consultancy councils shall study dossiers of proposals for formulation of legal documents and give appraisal opinions according to required contents specified in Clause 3 Article 115 of the Law. An appraisal consultancy council shall terminate its operation and resolve after completing the appraisal meeting;”.

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 the dossier of proposal for formulation of legal documents is incomplete, within 3 working days after receiving it, 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, relevant organizations and agencies; collect opinions of the Vietnam Chamber of Commerce and Industry for projects and drafts relating to enterprises’ rights and obligations.

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

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 head of a ministerial-level agency shall establish a Drafting Board in case his/her ministry or agency is assigned to take charge of drafting in accordance with Clause 2 Article 52, Point b Clause 2 Article 90 of the Law.

Agencies and organizations shall appoint a representative with appropriate professional to participate in the Drafting Board, and facilitate the members to fully participate in activities of the Drafting Board.”.

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

“d) Documents of the Drafting Board's meeting 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 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 group with the participation of specialists, scientists and no more than 1/2 members being representatives of the agency in charge of the drafting. The editorial group shall organize the draft, and take responsibility for the quality and progress of drafting the project or legal documents before the agency in charge of the drafting.”.

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 submitting to provincial-level People’s Committees for consideration and submission to provincial-level People’s Council Standing Bodies for decision 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 supplemented under Clause 7 Article 1 of Decree No. 154/2020/ND-CP as follows:

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

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

a) To add Clause 3a after Clause 3 as follows:

“3a. Proposals for formulation and promulgation of legal documents according to the simplified order and procedures specified in Clauses 1, 2 and 3 of this Article shall be given before or during the process of drafting legal documents.”.

b) To amend and supplement Clause 4 as follows:

“4. A written proposal for formulation and/or promulgation of legal documents according to the simplified order and procedures specified in Clauses 1, 2 and 3 of this Article must contain the following principal information:

a) The necessity for promulgation of a document

b) The 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 simplified order and procedures, specifying the cases eligible for applying the simplified order and procedures prescribed in Article 146; reasons for request for applying the simplified order and procedures. For the cases specified in Clause 1 Article 146 of the Law, the practical problems and the consequences that may occur if legal documents are not promptly promulgated to resolve such problems must be clearly stated;

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 ceasing to be effective shall 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. For resolutions of People's Councils, the People’s Council Standing Bodies at the same level shall publicize lists of detailing documents issued by People’s Committees of the same level, which cease to be effective, and report them to the People’s Councils at the nearest meeting.”.

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 form 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 check the dossiers of project or drafting of legal documents sent for appraisal under Clause 2 Article 58, Clause 2 Article 92, Clause 2 Article 98 and Clause 4 Article 109 of the Law.

Documents in the dossier of project or drafting attached to the written proposal sent to the Ministry of Justice for appraisal include: A written proposal; draft documents must be imprinted an overlapping seal on the pages of the document; other documents must be imprinted a seal on the ministry’s or ministerial-level agency’s name.

In case the dossier does not meet the requirements prescribed 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 a chairperson, a secretary and 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 project or document which is drafted by the Ministry of Justice, the number of representatives from the Ministry of Justice must not exceed one-third of the total number of members.

Members of the appraisal council shall study dossiers of projects or draft legal documents and give appraisal opinions according to required contents specified in Clause 3 Article 58, Clause 3 Article 92, Clause 3 Article 98 and 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. Documents of a meeting of the appraisal council shall be sent by the Ministry of Justice to members of the council at least 3 working days before the meeting is held.”.

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

“3. Agency in charge of appraisal shall send documents of a meeting of the consultancy council shall to the council's members at least 3 working days before the meeting is held.

Members of the appraisal consultancy council shall study dossiers of draft legal documents and give appraisal opinions according to required contents specified in Clause 3 Article 102 of the Law.”.

20. To amend and supplement Clause 3 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, establish and hold meetings of appraisal consultancy councils or appraisal councils.”.

b) To add Clause 7 as follows:

“7. The provincial-level Justice Departments 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 Article 121; Clause 2, Article 130 of the Law, within 2 working days after receiving the dossier, the provincial-level Justice Department 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 consultancy councils and appraisal councils

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

a) Establish appraisal consultancy councils for draft resolutions which involve various fields or are drafted by provincial-level Justice Departments according to Clause 1 Article 121 of the Law;

b) Establish appraisal councils for draft decisions which involve various fields or are drafted by provincial-level Justice Departments according to Clause 1 Article 130 of the Law. If deciding not to establish an appraisal council, the provincial-level Justice Department may hold an appraisal consultancy meeting with the participation of representatives of the agency in charge of the drafting, and representatives of related agencies and organizations.

2. A council shall be composed of a leader of the provincial-level Justice Department as its chairperson, a representative of the provincial-level Justice Department as its secretary and representatives of specialized agencies under the provincial-level People’s Committee, other related agencies and organizations, specialists and scientists as its members. The total number of members of a council shall be decided by the Director of the provincial-level Justice Department. In case of appraising a document, which 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 council's members.

3. Members of the council shall study dossiers of draft legal documents and give appraisal opinions according to required contents specified in Clause 3 Article 121 and Clause 3 Article 130 of the Law. A council shall terminate its operation and resolve after completing the appraisal meeting.”.

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

“Article 51. Meetings of appraisal consultancy councils and appraisal councils

1. A meeting of an appraisal consultancy council or appraisal council 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. Documents of a meeting of the appraisal council 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 the 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 give appraisal opinions on contents specified in Clause 3 Article 121 and Clause 3 Article 130 of the Law and other matters related to contents of the draft document. Before members of the council give appraisal opinions, the secretary of the council shall read aloud appraisal opinions of members who are absent (if any);

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

d) The chairperson of the council concludes about appraised contents.

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

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

“2. A document promulgated together with another document must be imprinted a seal on the name of the document-issuing 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 ordinance for the first time, it is required to fully indicate the type name, title, serial number and code of the document; for other documents, it is required to indicate the type name, serial number and code of the document, and the date of passage or signing for promulgation of the document, and the name of the agency or person competent to promulgate, and the title of, the document. For subsequent invocations, it is required to fully indicate the type name and the title of the document, for laws and ordinances; and the type name, serial number and code, 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 in accordance with Clause 1 of this Article and assist the Government in examining documents with signs of violations, including circulars of ministers and heads of ministerial-level agencies; contents of provisions on the fields of state management of ministries or ministerial-level agencies of joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, Auditor General of the State Audit Office of Vietnam; resolutions of provincial-level People’s Councils, decisions of provincial-level People’s Committees, legal documents of local administrations of special administrative-economic units related to various 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. Every 5 years, the Government shall review and, where necessary, 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. Every 3 years, the Government shall direct agencies and localities to review documents according to the managed fields and areas.

The Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and localities in, formulating a plan for submission to the Prime Minister for promulgation and acting as a focal point to organize the plan implementation.”.

28. To amend and supplement Clause 1, Clause 2 and Clause 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 elaboration 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; communicating principal contents of policies and collecting opinions from related agencies and organizations; revising and finalizing proposals for elaboration of legal documents; and making lists, programs and plans on elaboration of legal documents of the Government, the Prime Minister, ministries, ministerial-level agencies and local administrations.

2. Elaborating legal documents, including such activities as organizing the drafting of documents; collecting, reviewing and assessing relevant documents; assessing impacts of documents; communicating principal 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, including such activities as organizing 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 document system; publishing Cong Bao; and translating legal documents into foreign languages and ethnic minority languages.”.

29. To amend and supplement Clause 184 and add Clause 1a after 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 or provincial-level People’s Committees in elaborating legal documents and improvement of the legal system”.

b) To add Clause 1a after Clause 1 as follows:

“1a. To organize communication of basic content of policies in proposals for formulation of legal documents and projects, draft legal documents on mass media and other appropriate forms of complex issues that are of public concern, with many different opinions and have a direct impact on giving rise, 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. The annulment or replacement of joint circulars among ministers and heads of ministerial-level agencies which are promulgated before July 1, 2016, shall be carried out as follows:

a) In case of it is necessary to annul the entire joint circular, the minister or head of ministerial-level agency in charge of elaborating the joint circular shall promulgate a new circular annulling that joint circular, after obtaining written consent from the ministries and ministerial-level agencies that have jointly issued the circular;

b) In case it is necessary to replace part of a joint circular, the minister or head of a ministerial-level agency shall issue a circular stipulating the contents under its fields and management, and annul the contents that have been replaced in the joint circular after obtaining written consent from the ministries and ministerial-level agencies that have jointly issued the circular.”.

Article 2. Supplementing and replacing a number of forms in Appendices to Decree No. 34/2016/ND-CP, which was amended and supplemented under Decree No. 154/2020/ND-CP; annulling a number of provisions of the Decree No. 34/2016/ND-CP, which was amended and supplemented under Decree No. 154/2020/ND-CP

1. To add Forms No. 12, 13 and 14 in Appendix I to this Decree to Appendix V to Decree No. 34/2016/ND-CP, which was amended and supplemented under Decree No. 154/2020/ND-CP:

a) Form No. 12. Report on integrating gender equity in project or draft legal documents;

b) Form No. 13. Report on reviewing legal documents relating to project or draft legal documents;

c) Form No. 14. Summarization, explanation and receipt of comments from agencies, organizations and individuals regarding the proposal for formulation of legal documents/projects, draft legal documents.

2. To replace a number of Forms as follows:

a) To replace Form No. 142 in Appendix I to Decree No. 34/2016/ND-CP, which was amended and supplemented under Decree No. 154/2020/ND-CP, with Form No. 42 in Appendix II to this Decree;

b) To replace Forms No. 01, 02 and 03 in Appendix V to Decree No. 34/2016/ND-CP, which was amended and supplemented under Decree No. 154/2020/ND-CP, with Forms No. 01, 02 and 03 in Appendix III to this Decree.

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

a) To remove the phrase “with signs” 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; Clause 1 Article 124 of Decree No. 34/2016/ND-CP;

b) To annul Clause 2 and Clause 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; 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 from June 1, 2024.