The Ministry of Justice responds to the proposal that draft documents must collect comments from relevant departments

Accordingly, Ms. Do Thuy Ngoc (character's name has been changed) reflected: According to the provisions of Point d, Clause 1, Article 44 and Point d, Clause 1, Article 49 of Decree No. 78/2025/ND-CP, all draft legal documents (LGCL) of the locality must seek comments from the Department of Home Affairs and the Department of Finance.

However, in reality, many legal documents have content that is not related to financial resources, human resources or decentralization. Therefore, the regulation that all draft legal documents must collect opinions from the Department of Home Affairs and the Department of Finance is inappropriate, complicating procedures and prolonging the time in the process of building local legal documents.

After studying the content of the reflection and recommendation, the Ministry of Justice commented:

Point d, Clause 1, Article 44, Point d, Clause 1, Article 49 of Decree No. 78/2025/ND-CP detailing a number of articles and measures to organize and guide the implementation of the Law on Promulgation of Legal Documents (amended and supplemented by Decree No. 187/2025/ND-CP) stipulates that the agency in charge of drafting the resolution and decision is responsible for organizing the collection of opinions from subjects directly affected by the draft resolution and decision; collecting opinions from other relevant agencies, organizations and individuals, including the Department of Finance, Department of Home Affairs, Department of Justice, Department of Science and Technology.

At the same time, Clause 2, Article 44 and Clause 2, Article 49 of Decree No. 78/2025/ND-CP (amended and supplemented by Decree No. 187/2025/ND-CP) also stipulate the responsibilities of the Department of Finance, Department of Home Affairs, Department of Justice, Department of Science and Technology when collecting opinions.

Accordingly, these agencies are responsible for responding in writing within 10 days; for resolutions and decisions issued according to shortened procedures, it is 03 days from the date of receipt of the request for comments.

In which, the Department of Finance has opinions on financial resources; the Department of Home Affairs has opinions on decentralization, implementation of assigned tasks and powers and human resources; the Department of Justice has opinions on constitutionality, legality and consistency with the legal system; the Department of Science and Technology has opinions on the application and promotion of science, technology, innovation and digital transformation.

"Usually, VBQPPLs that are related to financial resources, human resources (even if they do not generate new financial resources, human resources also need to have resources to deploy, disseminate, propagate, and implement VBQPPL) and apply science and technology.

The regulation that the drafting agency must consult the Department of Finance, the Department of Home Affairs, the Department of Justice, and the Department of Science and Technology to ensure the feasibility of the document, especially financial resources, human resources, and the application of science and technology, digital transformation. The opinions of these agencies will help competent authorities have full information before deciding to issue the legal documents, and at the same time help law enforcement agencies prepare adequate financial and human resources to implement when the legal documents come into effect.

In case there is no relevant content, these agencies can comment on other contents of the draft document to improve the quality of legal documents" - the Ministry of Justice stated.

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