Regulation on formulation and promulgation of legal normative documents by the Ministry of Home Affairs

On July 19, 2021, Minister of Home Affairs Pham Thi Thanh Tra signed Decision No. 819/QD-BNV on the regulation on formulation and promulgation of legal normative documents by the Ministry of Home Affairs.

 This Regulation applies to the Ministry’s units, organizations, and individuals involved in the formulation and promulgation of legal normative documents promulgated by the Minister of Home Affairs or submitted to competent authorities for promulgation.

The Regulation stipulates the order and procedures for the formulation and promulgation of legal normative documents, including: development of proposal, proposing a program for formulation of legal normative documents; drafting, appraisal, promulgation and consolidation of legal normative documents promulgated by the Minister of Home Affairs or submitted to the competent authorities for promulgation.

Consultation for provisions on administrative procedures in the proposed legal normative documents and on issues of administrative procedure control shall comply with this regulation and other rules on control of administrative procedure control.

The formulation and promulgation of legal normative documents on issues identified the items in the list of state secrets in the field of home affairs must comply with the Law on Protection of State Secrets and the legal normative documents detailing and guiding the implementation.

The order and procedures for formulation of legal normative documents are not specified in this Regulation but comply with the provisions of the Law on Promulgation of Legal Normative Documents; the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Normative Documents; Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing a number of articles and measures to implement the Law on Promulgation of Legal Documents; Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government amending and supplementing a number of articles of Decree No. 34/2016/ND-CP.

Based on the functions and tasks of the units, the scope of regulation and complexity of legal normative documents to be formulated and promulgated, the Minister shall decide and assign the unit in charge of drafting legal normative documents according to the program for legal normative document formulation specified in Article 17 of this Regulation.

The unit assigned to be in charge of formulating legal normative documents is responsible for consolidating legal normative documents according to the provisions of the law.

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