Regulations on the construction and issuance of decisions of the Provincial People's Committee.
Decree 187/2025/ND-CP adds a separate section regulating the development and issuance of decisions by provincial People's Committees after Section 3 in Decree No. 78/2025/ND-CP.
Specifically, add Article 51a. Drafting decisions of the Chairman of the Provincial People's Committee
1. The Chairman of the Provincial People's Committee shall assign or, based on the registration of the specialized agency under the Provincial People's Committee, the military agency, the provincial or municipal police agency, or the agency under the Provincial People's Committee shall assign the agency in charge of drafting the decision. The agency in charge of drafting shall be responsible for:
a) Assess the implementation of local laws to determine the content of decentralization and measures for direction and administration of the People's Committee, and coordinate activities between specialized agencies and other administrative organizations under the provincial People's Committee;
b) Organize the drafting. Post the draft decision on the electronic information portal of the province or city for at least 10 days to collect comments;
c) Organize to collect opinions from subjects directly affected by the draft decision; collect 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;
d) Synthesize, research, receive, explain comments and complete the draft document.
2. Agencies and organizations are responsible for responding in writing within 07 days from the date of receipt of the request for comments on the draft, and 03 days from the date of receipt of the request for comments for decisions issued under the simplified procedures. In particular, the Department of Finance has comments on financial resources; the Department of Home Affairs has comments on decentralization, implementation of tasks, decentralized powers and human resources; the Department of Justice has comments on the constitutionality, legality and consistency with the legal system; the Department of Science and Technology has comments on the application, promotion of science and technology development, innovation and digital transformation.
3. Draft decision dossier for comments, including drafts of the following documents:
a) Submission;
b) Draft decision;
c) Assessment of administrative procedures, decentralization, implementation of decentralized tasks and powers, application, promotion of science and technology development, innovation and digital transformation (if any).
Add Article 51b. Appraisal of draft decisions of the Chairman of the Provincial People's Committee
1. The drafting agency shall send a request for appraisal with the appraisal dossier, in which the reports are signed and stamped, the draft document is stamped on the edges, and other documents are stamped with the hanging seal of the drafting agency. The dossier shall be sent in electronic form and 01 paper copy, including: documents specified in Clause 3, Article 51a of this Decree and a summary of comments received and explained.
2. The Department of Justice shall receive and examine the draft decision dossier. In case the dossier is not in accordance with the provisions of Clause 1 of this Article, within 03 days from the date of receipt of the dossier, the Department of Justice shall request the drafting agency to supplement and complete the dossier.
3. The Department of Justice shall appraise the draft decision before submitting it to the Chairman of the Provincial People's Committee within 15 days from the date of receipt of the complete dossier. The Department of Justice shall appraise itself or organize an appraisal council or an appraisal meeting or obtain written appraisal opinions. In case of organizing an appraisal council or an appraisal meeting, the Department of Justice shall invite representatives of the Department of Finance, the Department of Home Affairs, the Department of Science and Technology, relevant agencies and organizations; experts and scientists (if any) to participate in the appraisal council meeting or appraisal meeting.
In case of urgent appraisal at the request of the Chairman of the Provincial People's Committee, the Department of Justice shall appraise the contents specified in Points a, c, d and e, Clause 6 of this Article.
4. In case of establishing an appraisal council or organizing an appraisal meeting, members of the appraisal council or participants in the appraisal meeting shall be responsible for:
a) Study the draft document, express opinions on appraisal and clearly express opinions on whether the draft document is qualified or not to be submitted to the Chairman of the Provincial People's Committee;
b) Be responsible for appraisal opinions within the scope of state management of the sector and field of their agency. In which, the representative of the Department of Finance has opinions on financial resources; the representative of the Department of Home Affairs has opinions on decentralization, implementation of tasks, decentralized powers and human resources; the Department of Science and Technology has opinions on the application, promotion of science and technology development, innovation and digital transformation;
c) In case of being unable to attend the appraisal council meeting or appraisal meeting, the appraisal council member or the person assigned to attend the appraisal meeting must send written appraisal opinions to the Department of Justice within 03 days from the date of the appraisal council meeting or appraisal meeting. In case of urgent appraisal under the direction of the Chairman of the Provincial People's Committee, the deadline for sending appraisal opinions shall be as requested by the Department of Justice. If the deadline for sending written opinions expires without any opinion, it is understood that there is agreement with the draft.
5. The appraisal council ceases to operate and dissolves itself after the end of the appraisal council meeting.
6. The appraisal content includes the following issues:
a) Necessity to issue the document; scope of regulation and applicable objects of the document;
b) Consistency of the draft document's content with the Party's policies and guidelines;
c) Constitutionality, legality, and consistency with the legal system of the draft document;
d) Necessity and rationality of administrative procedures;
d) Financial resources, human resources, decentralization, implementation of decentralized tasks and powers, application, promotion of science and technology development, innovation and digital transformation;
e) Language, format, presentation techniques and order and procedures for drafting documents.
7. The appraisal report of the Department of Justice must clearly state whether the draft decision is qualified or not qualified to be submitted to the Chairman of the People's Committee. In case the appraisal report concludes that the draft decision is only qualified to be submitted to the Chairman of the People's Committee after being accepted and finalized, the appraisal report must clearly state the content and requirements for acceptance and finalization.
8. The Department of Justice shall re-examine if the draft decision is not qualified for submission. The re-examination shall be carried out in accordance with the provisions of this Article.
Add Article 51c. Consider and sign the decision of the Chairman of the Provincial People's Committee
1. The drafting agency is responsible for studying, accepting, and explaining appraisal opinions to revise and complete the draft document; discussing and reaching agreement with agencies on issues on which there are still different opinions.
2. Draft documents submitted to the Chairman of the People's Committee, and sent to the Department of Justice in electronic form and 01 paper copy, including:
a) Documents specified in Clause 1, Article 51b of this Decree;
b) Appraisal report; report on acceptance and explanation of appraisal opinions.
3. The Office of the People's Committee receives and processes draft decision documents according to the Working Regulations of the People's Committee.
4. The Chairman of the People's Committee reviews and signs the decision.
In addition, Decree 187/2025/ND-CP also amends and supplements regulations on the development and promulgation of Resolutions of the People's Council at the commune level and decisions of the People's Committee at the commune level...
Phuong Nhi
Source: https://baochinhphu.vn/bo-sung-quy-dinh-ve-xay-dung-ban-hanh-quyet-dinh-cua-ubnd-cap-tinh-102250717173807318.htm
Comment (0)