The Ministry of Justice said that in the process of implementing Decree No. 34/2016/ND-CP and Decree No. 154/2020/ND-CP, the Ministry of Justice received feedback from ministries, branches and localities on difficulties and obstacles in the implementation of the two Decrees and proposed to study and amend and supplement a number of regulations to better suit the practical work of drafting and promulgating legal documents, such as: regulations on making proposals for drafting legal documents (cases where proposals must be made, requests for policy impact assessment, consultation, appraisal of proposals for drafting legal documents, etc.); regulations on drafting legal documents (responsibilities of the Drafting Board, drafting and promulgation of expired legal documents, drafting and promulgation of legal documents according to simplified procedures, etc.); regulations on the format and techniques of presenting legal documents and some accompanying forms; regulations on inspection and handling...
For the above reasons and in response to the new situation, the Government issued Decree 59/2024/ND-CP amending and supplementing a number of articles of Decree No. 34/2016/ND-CP and Decree No. 154/2020/ND-CP.
Decree 59/2024/ND-CP consists of 3 articles:
Article 1: Amending and supplementing a number of articles of Decree No. 34/2016/ND-CP which has been amended and supplemented by a number of articles under Decree No. 154/2020/ND-CP. Specifically, the Decree amends and supplements 30 articles of Decree No. 34/2016/ND-CP which has been amended and supplemented by Decree No. 154/2020/ND-CP.
The Decree focuses on 3 groups of issues, including: Amending and supplementing the provisions of Decree No. 34/2016/ND-CP and Decree No. 154/2020/ND-CP to speed up the promulgation of legal documents to promptly resolve difficulties and problems in practice while still ensuring quality; amending and supplementing a number of provisions to overcome the unreasonableness of the 2 Decrees; amending and supplementing missing provisions in the 2 Decrees.
Article 2: Supplement and replace some forms in the appendix issued with Decree No. 34/2016/ND-CP, which has been amended and supplemented by a number of articles under Decree No. 154/2020/ND-CP; abolish some provisions of Decree No. 34/2016/ND-CP, which has been amended and supplemented by a number of articles under Decree No. 154/2020/ND-CP.
Add Forms No. 12, 13 and 14 to Appendix V issued together with Decree No. 34/2016/ND-CP, which has been amended and supplemented by a number of articles according to Decree No. 154/2020/ND-CP in Appendix I issued together with this Decree: Form No. 12. Report on integrating gender equality issues in projects and draft legal documents; Form No. 13. Report on reviewing legal documents related to projects and draft legal documents; Form No. 14. Summary, explanation and acceptance of comments from agencies, organizations and individuals on proposals for drafting legal documents/projects and draft legal documents.
Replace some forms: Replace Form No. 42 Appendix I issued with Decree No. 34/2016/ND-CP, which has been amended and supplemented with a number of articles according to Decree No. 154/2020/ND-CP, with Form No. 42 in Appendix II issued with this Decree.
Replace Forms No. 01, 02 and 03 in Appendix V issued with Decree No. 34/2016/ND-CP, which has been amended and supplemented by a number of articles under Decree No. 154/2020/ND-CP, with Forms No. 01, 02 and 03 in Appendix III issued with this Decree.
Abolish a number of provisions of Decree No. 34/2016/ND-CP which has been amended and supplemented by a number of articles under Decree No. 154/2020/ND-CP: Abolish the phrase "having signs" in Clause 1, Article 112 of Decree No. 34/2016/ND-CP which has been amended and supplemented in 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 is amended and supplemented at Point b, Clause 26, Article 1 of Decree No. 154/2020/ND-CP; Clause 1, Article 124 of Decree No. 34/2016/ND-CP; Clause 2 and Clause 4, Article 14 of Decree No. 34/2016/ND-CP are repealed;
Abolish Article 5 of Decree No. 34/2016/ND-CP; Article 8 of Decree No. 34/2016/ND-CP amended and supplemented at Point e, Clause 1, Article 2 of Decree No. 154/2020/ND-CP; Article 31 of Decree No. 34/2016/ND-CP amended and supplemented at Clause 9, Article 1 of Decree No. 154/2020/ND-CP.
Article 3: Effective date: This Decree comes into force from June 1, 2024.
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