Circular No. 01/2004/TT-BTP on guiding the implementation of certain provisions of Government Decree No. 135/2003/NĐ-CP dated November 14, 2003 on inspection and handling of regulatory legal documents

CIRCULAR

Regarding the guidance on implementing certain provisions

of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government

on inspection and handling of regulatory legal documents

________________

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Government Decree No. 135/2003/NĐ-CP dated November 14, 2003 on inspection and handling of legislative regulatory documents;

In order to ensure uniform implementation of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of regulatory legal documents, the Ministry of Justice provides guidance on the following issues:

I. GENERAL PROVISIONS

1. The documents subject to inspection and handling under Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of regulatory legal documents (hereinafter referred to as Decree No. 135/2003/NĐ-CP) include:

1.1. Regulatory legal documents:

a. Decisions, Directives, Circulars of Ministers, Heads of ministerial-level agencies;

b. Joint Circulars between ministries, ministerial-level agencies;

c. Joint Circulars between ministries, ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations;

d. Resolutions of People's Councils at all levels;

đ. Decisions, Directives of People's Committees at all levels.

1.2. Documents containing regulatory legal provisions but not issued in the form of regulatory legal documents and documents issued by agencies without the authority to issue regulatory legal documents as provided for in Article 26 of Decree No. 135/2003/NĐ-CP, including:

a. Documents of Ministers, Heads of ministerial-level agencies, People's Councils, People's Committees at all levels containing regulatory legal provisions but not issued in the form of decisions, directives, circulars of Ministers, Heads of ministerial-level agencies, resolutions of People's Councils, decisions, directives of People's Committees;

b. Documents with the format and content similar to regulatory legal documents (for example: decisions, directives, circulars, resolutions), documents with the format not being regulatory legal documents but containing regulatory legal provisions (for example: letters, notifications, regulations, charters, programs, plans and other forms) issued by agencies or individuals without the authority to issue regulatory legal documents: Heads of government agencies, heads of units under ministries, ministerial-level agencies, government agencies issuing or signed by the Chairman of People's Committees at all levels, heads of specialized agencies under provincial and district People's Committees (including documents with the format and content as mentioned above signed by proxy).

2. The content of the inspection of documents is to check the conformity of the inspected document with the Constitution, laws, resolutions of the National Assembly and regulatory documents of higher state agencies; the conformity of the format of the document with its content; the conformity of the content of the document with the authority of the agency issuing the document. Specifically:

2.1. Legal basis for issuing regulatory legal documents (point a and point b Clause 1 Article 3 of Decree No. 135/2003/NĐ-CP) is the regulatory legal document of the higher state agency that is effective at the time of issuance of the document, including:

a. Regulatory legal document of the higher state agency with the authority to stipulate the functions and tasks of the issuing agency;

b. Regulatory legal document of the higher state agency with the authority to stipulate matters within the scope of regulation of the document.

2.2. Regulatory legal documents issued within the authority include formal authority and substantive authority:

a. Formal authority: According to the Law on Issuing Regulatory Legal Documents 1996 amended and supplemented by the Law Amending and Supplementing Certain Articles of the Law on Issuing Regulatory Legal Documents 2002 (hereinafter referred to as the Law on Issuing Regulatory Legal Documents), the agency or person with the authority to issue documents can only issue documents in the correct form (name) of regulatory legal documents prescribed by the Law for that agency or person (see point 1.1 of this Section).

b. Substantive authority: The agency or person with the authority can only issue documents with content consistent with their own authority permitted by law or assigned, delegated. This authority is determined in the documents of the higher state agency stipulating the specific state management functions, tasks, and powers of each agency, each level, each sector in each field.

2.3. The content of the document must be consistent with current legal provisions:

a. Decisions, directives, circulars of Ministers, Heads of ministerial-level agencies must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, resolutions, decrees of the Government, decisions, directives of the Prime Minister, and decisions, directives, circulars of Ministers, Heads of ministerial-level agencies regarding the fields managed by those Ministers, Heads of ministerial-level agencies;

b. Resolutions of Provincial People's Councils must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, resolutions, decrees of the Government, decisions, directives of the Prime Minister, and documents of central state agencies (hereinafter referred to as documents of central state agencies);

Resolutions of District People's Councils must be consistent with documents of central state agencies and documents of Provincial People's Councils, People's Committees.

Resolutions of Commune People's Councils must be consistent with documents of central state agencies, documents of Provincial People's Councils, and District People's Councils;

c. Decisions, directives of Provincial People's Committees must be consistent with documents of central state agencies and also consistent with resolutions of the same-level People's Councils.

Decisions, directives of District People's Committees must be consistent with documents of central state agencies, documents of Provincial People's Councils, People's Committees, and also consistent with resolutions of the same-level People's Councils.

The decisions and directives of the People's Committee at the commune level must be consistent with the documents of central state agencies, the resolutions of the People's Councils, the decisions and directives of the People's Committees at the provincial and district levels, and also must be consistent with the resolutions of the People's Councils at the same level;

d. The document to be reviewed must be consistent with international treaties to which the Socialist Republic of Vietnam has signed or acceded. For documents regulating issues already provided for in international treaties to which Vietnam has signed or acceded, such treaties shall also serve as the basis for reviewing those documents.

2.4. The document to be reviewed must be presented in accordance with the format and technical requirements stipulated in Clause 4, Article 3 of Decree No. 135/2003/ND-CP and the regulations of the Minister, Chairman of the Government Office.

2.5. The procedures for drafting, promulgating, and publishing in the Official Gazette, announcing, or publicizing the document to be reviewed must comply fully with the provisions of the law. In cases where it is found that the document to be reviewed contains content contrary to the law, the competent authority conducting the review must examine the procedures for drafting and promulgating the document to establish the specific responsibility of the agency or person with authority who issued the unlawful document, as well as the agency or person responsible for advising or proposing unlawful content, and recommend appropriate measures within their jurisdiction.

3. The legal basis for determining the content contrary to the law of the document to be reviewed is the higher-ranking documents having legal effect at the time of the review according to Chapter III "Legal Effect of Regulatory Documents and Principles of Application of Regulatory Documents" of the Law on Enacting Regulatory Documents. The Legal Review Department under the Ministry of Justice, legal institutions of ministries, sectors, and local judicial organs have the responsibility to assist the Minister, Head of a ministry or equivalent agency, Head of an agency under the Government, Chairperson of the People's Committee at the provincial and district levels in regularly and promptly reviewing and identifying higher-ranking documents having legal effect at the time of the review to serve as the legal basis for the document review work.

3.1. A document having higher legal force than the document to be reviewed is a document issued by a higher-level state agency of the agency issuing the document to be reviewed, and the content of the document to be reviewed must be consistent with the guidance provided in Point 2.3 of this Section.

Example: For decisions and directives of the Minister, Head of a ministry or equivalent agency, the document having higher legal force is the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees and decisions of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister, and international treaties to which Vietnam has signed or acceded; for decisions and directives of the People's Committee at the provincial level, the document having higher legal force is the document issued by central state agencies, international treaties to which Vietnam has signed or acceded, and resolutions of the People's Council at the same level; for decisions and directives of the People's Committee at the district level, the document having higher legal force is the document issued by central state agencies, international treaties to which Vietnam has signed or acceded, documents of the People's Council and People's Committee at the provincial and district levels, and resolutions of the People's Council at the same level; for decisions and directives of the People's Committee at the commune level, the document having higher legal force is the document issued by central state agencies, international treaties to which Vietnam has signed or acceded, documents of the People's Council and People's Committee at the provincial and district levels, and resolutions of the People's Council at the same level.

In cases where the documents serving as the legal basis for determining the content contrary to the law of the document to be reviewed provide different provisions on the same issue, the document with higher legal force shall apply. For example, when reviewing a circular and finding that there are different provisions on the same issue between a decree of the Government and a decision of the Prime Minister serving as the legal basis for reviewing the circular, the provision of the decree shall apply; when reviewing a resolution of the People's Council at the district level and finding that there are different provisions on the same issue between a decision of the Prime Minister and an ordinance of the Standing Committee of the National Assembly serving as the legal basis for reviewing the resolution, the provision of the ordinance shall apply; when reviewing a decision of the People's Committee at the district level and finding that there are different provisions on the same issue between a resolution of the People's Council at the district level and a document of the People's Committee at the provincial level serving as the legal basis for reviewing the decision, the provision of the document of the People's Committee at the provincial level shall apply.

In cases where the documents serving as the legal basis for the review are all issued by the same agency on the same issue but provide different provisions, the provision of the later issued document shall apply; for documents issued by Ministers, Heads of ministries or equivalent agencies providing different provisions on the same issue, the provision of the Minister, Head of a ministry or equivalent agency managing the relevant sector or field shall apply.

3.2. The document serving as the legal basis for the review must be a document currently in effect at the time of the review. The effective date of a regulatory document is determined according to Article 75 of the Law on Enacting Regulatory Documents.

For documents containing content classified as state secrets, the effective date is specified in the document itself.

For resolutions of the People's Councils, decisions, and directives of the People's Committees, since there is currently no general provision on the effective date of documents, in principle, these documents take effect from the date specified in the document.

At the same time, such documents must not have exceeded their validity period as stipulated in those documents; not been replaced by new documents issued by the same state agency; not been revoked or annulled by the competent state authority. The validity of detailed regulations and guiding documents is confirmed according to the validity of the documents they regulate and guide. In cases where the regulated and guided documents have been amended, supplemented, or replaced, only the contents of the detailed regulations and guiding documents that remain consistent with the new regulatory legal documents continue to be valid.

Documents that have been suspended from implementation and ceased to be effective pursuant to Article 77 of the Law on Issuing Legal Normative Documents shall not be used as a legal basis for checking documents from the date of ceasing effectiveness until the date when they resume effectiveness as decided by the competent state authority.

The results of the activities mentioned herein are a system of documents and provisions currently in effect at the time of checking the document, updated regularly based on the requirements of the document checking work (and also include a system of documents and provisions that have expired at the time of checking).

The Department of Document Checking under the Ministry of Justice, legal systems of ministries, sectors, and local judicial agencies assigned to serve as focal points to assist the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, People's Committees of provinces and districts in checking documents responsible for building and managing the database serving document checking within the scope of their delegated authority.

4.1. The database includes the following basic contents:

a. Legal normative documents that have been reviewed to establish a legal basis according to the guidance at point 3 of this Section for the purpose of checking documents within the jurisdiction of ministries, sectors, and levels of People's Committees as prescribed in Articles 12 and 13 of Decree No. 135/2003/NĐ-CP;

b. Results of document checking and handling (including legal normative documents and documents checked and handled according to Article 26 of Decree No. 135/2003/NĐ-CP);

c. Information about inspection procedures;

d. Other information, documents, and data serving document checking.

The database includes written documents, classified and arranged scientifically, and gradually computerized according to the capacity and financial conditions permitted for convenient management, searching, and use.

4.2. Based on the authority and scope of documents assigned for checking, the responsibility for collecting and processing legal normative documents as specified in item a, point 4.1 of this Section is divided and delegated according to the following guidelines:

a. The Department of Document Checking under the Ministry of Justice is responsible for reviewing legal normative documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, and legal normative documents issued or jointly issued by the Minister of Justice to establish a legal basis for document checking as prescribed in Clause 1 of Article 10 (self-inspection) and Clause 3 of Article 12 (inspection according to authority and assisting the Prime Minister in inspecting documents of ministries, sectors, and localities) of Decree No. 135/2003/NĐ-CP. The Department of Document Checking takes the lead in coordinating with legal systems of ministries and sectors to compile the review results as specified in item b, point 4.2 of this Section to build a common database serving document checking and handling;

b. Legal systems of ministries and sectors are responsible for reviewing legal normative documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister concerning matters within the scope of their administrative management and legal normative documents issued or jointly issued by the Minister or Head of a ministry equivalent to a ministry to establish a legal basis for document checking as prescribed in Clause 1 of Article 10 (self-inspection) and Clause 2 of Article 12 (inspection according to authority) of Decree No. 135/2003/NĐ-CP;

c. Departments of Justice are responsible for reviewing legal normative documents issued by People's Councils, People's Committees of provinces, and consolidating them into the common database provided by the Department of Document Checking to serve document checking and handling within their authority;

d. Justice Offices are responsible for reviewing legal normative documents issued by People's Councils, People's Committees of districts, and consolidating them into the common database provided by the Department of Justice to serve document checking and handling within their authority and providing it to commune justice offices to serve document checking of People's Councils and People's Committees at the commune level.

During the review process, if conflicting, overlapping, or outdated documents or provisions are discovered but there is insufficient legal basis to determine their validity, the reviewing agency or organization must report to the competent authority along with specific recommendations for consideration and decision.

5. Announcing the results of handling illegal documents:

5.1. The results of handling illegal documents must be published in the Official Gazette and mass media at central and local levels as prescribed in Article 9 of Decree No. 135/2003/NĐ-CP and Clause 2 of Article 6 of Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam.

5.2. The announcement of the results of handling illegal documents as specified in point 5.1 above also applies to the results of handling illegal documents by agencies or individuals with authority who self-check the documents they issue. For documents as specified in point 1.2 of this Section (Article 26 of Decree No. 135/2003/NĐ-CP), the results of handling must be sent to all agencies, organizations, and individuals to whom the previously revoked document was sent; if the document was published in the Official Gazette or reported in mass media, the results of handling must also be published in the Official Gazette and reported in mass media.

5.3. The announcement of the results of handling illegal documents must be carried out at the earliest time after the decision on handling illegal documents by the competent authority has been issued. The extent and duration of news coverage about the results of handling illegal documents on mass media must be commensurate with the previous dissemination of the illegal content of the document that was handled.

6. The Department of Legal Document Inspection under the Ministry of Justice, legal institutions of ministries and sectors, and local judicial agencies entrusted to assist in inspecting and handling documents shall closely coordinate with press agencies, radio stations, television stations, and other mass media organizations at central and local levels to promptly receive information reflecting illegal content in documents, documents containing legal norms but not promulgated in the form of normative legal documents, and documents issued by agencies without the authority to issue normative legal documents; and report on the results of handling illegal documents.

II. ON THE IMPLEMENTATION OF SELF-INSPECTION AND HANDLING OF DOCUMENTS AS PROVIDED FOR IN CHAPTER II OF DECREE NO. 135/2003/NĐ-CP

1. Self-inspection shall be conducted for:

a. Normative legal documents issued by ministers, heads of ministerial-level agencies, People's Councils, People's Committees (including normative legal documents jointly issued by ministers, heads of ministerial-level agencies);

b. Documents referred to in Point 1.2, Section I of this Circular when there are requests, complaints, or protests from agencies, organizations, mass media, and individuals.

2. For normative legal documents, according to Clause 1, Article 10 of Decree No. 135/2003/NĐ-CP, the responsibility for organizing self-inspection shall be assigned to ministers, heads of ministerial-level agencies, People's Councils, and People's Committees that have issued or jointly issued such documents.

As for the documents referred to in Subpoint b of Point 1 of this Section, according to Clause 1, Article 26 of Decree No. 135/2003/NĐ-CP, the responsibility for organizing self-inspection shall be assigned to ministers, heads of ministerial-level agencies, heads of government agencies, People's Councils, and Chairpersons of People's Committees where the documents were issued.

3. Depending on the nature, scope, management requirements, and quantity of documents issued by each ministry, sector, and locality, self-inspection of documents may be directly carried out by legal institutions of ministries and sectors, local judicial agencies, or delegated to units within ministries and sectors, departments, and agencies of localities (hereinafter referred to as units) based on the fields they are responsible for, provided that close coordination and the role of legal institutions of ministries and sectors, and local judicial agencies as focal points in planning, supervising, following up, summarizing, and reporting the results of self-inspection to competent state agencies are ensured.

The head of the legal institution of ministries and sectors, and local judicial agencies shall be responsible for advising ministers, heads of ministerial-level agencies, heads of government agencies, People's Councils, and People's Committees to specify the tasks of legal institutions of ministries and sectors, and local judicial agencies in assisting ministers, heads of ministerial-level agencies, heads of government agencies, People's Councils, and People's Committees in self-inspection of documents as stipulated in Clause 2, Article 10, Clause 1, Article 26 of Decree No. 135/2003/NĐ-CP, and the conditions ensuring self-inspection work.

4. For normative legal documents that have been signed and issued by competent authorities, when issuing the document, the issuing unit shall simultaneously send the document to the unit responsible for inspecting the document to conduct self-inspection. When discovering illegal content or content no longer appropriate, the unit responsible for inspection shall immediately notify the unit that drafted and submitted the document, and cooperate in discussing to unify illegal content or content no longer appropriate, agree on measures to handle, prepare draft documents for handling, and report to the agency or person who issued the document to timely handle it within their authority.

For joint documents, legal institutions of ministries and sectors shall be responsible for self-inspection of contents within their administrative management areas, while coordinating with relevant units within ministries and sectors, agencies, and organizations that signed the joint document to inspect the entire content of the document. In case of discovering illegal content or content no longer appropriate, discussions, consultations, and recommendations for handling shall also involve coordination among agencies that signed the joint document.

Legal institutions of ministries and sectors, and local judicial agencies shall be responsible for monitoring, summarizing the results of self-inspection, and regularly reporting on self-inspection work as prescribed in Decree No. 135/2003/NĐ-CP and guided in Point 3, Section IV of this Circular.

The agency or person authorized to issue the document shall ensure funding, staffing, and other conditions necessary for self-inspection of documents issued by them.

III. ON PROCEDURES FOR INSPECTING AND HANDLING DOCUMENTS AS PROVIDED FOR IN SECTION 3 OF CHAPTER III OF DECREE NO. 135/2003/NĐ-CP

1. Sending documents to the competent authority for inspecting documents:

1.1. Within the latest three days from the date of signing and issuing, the agency or person authorized to issue the document must send the document to the competent authority for inspecting documents through the legal institution or judicial agency (hereinafter collectively referred to as the document inspection agency) as stipulated in Article 18 of Decree No. 135/2003/NĐ-CP. For documents issued by ministers, heads of ministerial-level agencies, People's Councils, and provincial People's Committees, in addition to sending to the competent authority for inspecting documents in their respective fields, they must also send to the Department of Legal Document Inspection under the Ministry of Justice.

To ensure regular and timely submission of documents as prescribed in Decree No. 135/2003/NĐ-CP, the agency or person authorized to issue the document shall clearly indicate in the "Recipient" section of the document the name of the document inspection agency to which the document should be sent for inspection.

1.2. The inspection agency must maintain a "Register of Received Documents" to monitor the sending and receipt of documents for inspection.

2. The leadership of the inspection agency shall assign specialized staff and associates to conduct the inspection of documents.

The person assigned to inspect shall be responsible for comparing the content of the inspected document with the legal basis (as guided in Point 3, Section I of this Circular) to review, assess, and conclude on the legality of the inspected document.

3. The person assigned to inspect the document must sign their name in the upper corner of the document they have inspected (to confirm the inspection) and prepare a report along with a list of documents that have been assigned for inspection.

4. When discovering that the inspected document contains content indicative of violation of laws, the document inspector must submit a report on the inspection results through the "Document Inspection Form."

4.1. The "Document Inspection Form" must include the following contents: Name of the document inspector; name of the inspected document and the legal basis for inspection; illegal content of the inspected document; the inspector's opinion on the illegal content of the inspected document; proposal for handling the illegal content of the document (suspending, amending, revoking, or abolishing part or all of the content of the document), measures to remedy consequences caused by issuing and implementing the illegal document, and proposal for handling the responsibility of the agency or person with authority who issued the illegal document.

4.2. When proposing a method to handle the illegal content of the document, the document inspector may:

a. Propose the form of suspending the implementation of part or all of the document in cases where such incorrect content, if not promptly amended, abolished, or revoked, and continued to be implemented, could cause serious consequences, affecting the interests of the State, the rights and legitimate interests of citizens;

b. Propose the form of amending the document in cases where the document was issued within the scope of authority but contains some content that does not align with the content of newly issued documents from higher-level state agencies or is no longer suitable for economic and social conditions and requires replacement provisions;

c. Propose the form of abolishing part or all of the content of the document in cases where such content contradicts the content of newly issued documents serving as the legal basis for the inspected document and does not fall under the category requiring amendment proposals;

d. Propose the form of revoking part or all of the content of the document in cases where the entire or part of the document was issued beyond the scope of authority regarding form, content, or was inconsistent with legal provisions at the time of issuance. The proposal to revoke also applies to documents stipulated in Article 26 of Decree No. 135/2003/NĐ-CP.

4.3. When proposing a method to handle the responsibility of the agency or person with authority who issued the illegal document, the document inspector may propose forms and levels of handling according to the legal regulations on disciplinary responsibility, civil liability, and criminal liability based on the illegal content and actual damage caused by the illegal document according to Article 8 of Decree No. 135/2003/NĐ-CP. The inspector can also propose the aforementioned form of handling responsibility towards the agency or person responsible for advising or proposing illegal content in cases where such agency or person is at fault.

5. After preparing the inspection form, the document inspector must establish a "File on Documents Containing Illegal Content" and submit it to the leadership of the inspection agency. The file should contain: The inspected document, the legal basis for inspection, and the inspection form.

6. The leadership of the inspection agency shall organize discussions and exchanges to reach consensus on the content indicative of violations in the inspected document and notify the agency or person who issued the document to self-inspect and handle the matter, reporting the handling results to the inspection agency as prescribed by law. In cases where the inspection agency is a legal department of a ministry or sector, the notification shall be made in accordance with Article 20 of Decree No. 135/2003/NĐ-CP.

The notification letter must include the following contents: Name of the inspected document; legal basis for inspection; opinion on the illegal content of the inspected document; request for the agency or person who issued the document to self-inspect and handle the matter in accordance with the law.

The self-inspection and handling of illegal documents by the agency or person who issued the document shall be carried out in accordance with Chapter II of Decree No. 135/2003/NĐ-CP and the guidance provided in Section II of this Circular.

7. To facilitate effective self-inspection and handling of illegal documents, after submitting the notification, the inspection agency has the responsibility to coordinate with relevant units of the agency that issued the inspected document to exchange and discuss about the illegal content of the document and methods to handle such illegal content. The exchange and discussion may take place in the form of direct meetings or seminars organized by the inspection agency and the agency that issued the inspected document (depending on specific circumstances).

8. In cases where the inspection agency disagrees with the handling result or the agency with the illegal document fails to report the handling result as required, the inspection agency shall report to the next authority with jurisdiction as prescribed by Decree No. 135/2003/NĐ-CP.

The report file should include: Report of the inspection agency; the inspected document; legal basis for inspection; inspection form; notification letters from the inspection agency, the agency with the inspected document, and other related documents.

9. In cases where the content of the document pertains to state secrets, the inspection may be conducted at the agency that issued the document to be inspected or at the agency conducting the document inspection (priority given to inspections at the agency issuing the document). The inspection and preservation of various types of inspection files must comply with confidentiality regulations as stipulated by law.

10. The inspection of joint documents shall be carried out according to the guidelines set forth in this Circular and must ensure mechanisms for exchange and coordination among agencies that have signed joint issuance of the document..

11. The inspection of documents specified in Article 26 of Decree No. 135/2003/NĐ-CP shall be conducted upon receipt of requests, recommendations, complaints from agencies organizing mass media organizations and Vietnamese citizens, foreigners (including cases discovered by specialized staff conducting inspections or by the document inspection agency during the inspection process). The procedures for inspecting, handling, and revoking these documents shall be implemented in accordance with Article 26 of Decree No. 135/2003/NĐ-CP and the guidelines provided in this Circular.

12. The document inspection agency must maintain a "Record of Monitoring and Handling Documents Showing Signs of Violating the Law."

13. Information and materials related to document inspections and handling must be periodically classified and processed into the database system by the document inspection agency in accordance with point 4.1 Section I of this Circular.

IV. REGARDING THE STRENGTHENING OF ORGANIZATIONS AND WORKING FORCES ENGAGED IN DOCUMENT INSPECTION; SIX-MONTH AND ANNUAL REPORTING REGIMES; COMPETITION, RECOGNITION, DISCIPLINE, AND MANAGEMENT

1. Regarding the strengthening of organizations and enhancing the workforce of specialized staff engaged in document inspection:

1.1. Based on the scope and nature of documents within their inspection authority as prescribed by law, legal systems of ministries, ministerial-level agencies, and government agencies shall coordinate with relevant units to submit to the Minister, Head of a ministerial-level agency, or Head of a government agency for decisions to supplement staffing and allocate sufficient specialized staff to effectively fulfill assigned document inspection tasks.

1.2. Departments of Justice, Justice Offices shall cooperate with relevant local agencies to develop proposals on organization and staffing for specialized staff in judicial agencies engaged in document inspection at the local level, report to the People's Committee at the same level for approval and implementation.

1.3. The Department of Document Inspection under the Ministry of Justice shall have plans to continue consolidating its organization and staffing, submit to the Minister of Justice for decision; regularly monitor the consolidation of organization and staffing for document inspection work in ministries, sectors, and localities, periodically report to the Minister of Justice to coordinate with sectoral and local leadership to direct, urge, and compile reports to the Government and Prime Minister.

2. Regarding the organization and management of volunteer teams for document inspection:

2.1. The document inspection agency is responsible before the competent authority for establishing and managing volunteer teams for document inspection. Volunteers are selected from experienced experts in the field of drafting and inspecting documents from judicial agencies, other central and local state management agencies, researchers and lecturers in law from legal research and training institutions, and other relevant agencies and organizations in accordance with the field of the document being inspected.

2.2. The scale of the volunteer team of each document inspection agency depends on the scope and nature of the documents within their inspection authority. During document inspection work, volunteers are subject to management and guidance by the document inspection agency, operate under a contractual mechanism or time-limited contracts, and perform tasks as required by the document inspection agency.

2.3. The treatment and policies for volunteers are implemented in accordance with the guidelines of the Joint Circular of the Ministry of Justice and the Ministry of Finance.

3. Six-month and annual reporting regimes:

3.1. The six-month and annual reporting regime on document inspection work of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and district People's Committees is implemented in accordance with point g Clause 1, point g Clause 2 Article 32, point c Clause 1 Article 33 of Decree No. 135/2003/NĐ-CP. The preparation and submission of six-month and annual reports on document inspection work are carried out concurrently with the deadlines for submitting general six-month and annual reports of the agencies and units submitting the reports.

3.2. Six-month and annual reports on document inspection work of ministries, ministerial-level agencies, and government agencies, provincial People's Committees are sent to the Prime Minister and the Ministry of Justice. Six-month and annual reports on document inspection work of district People's Committees are sent to provincial People's Committees and compiled into the reports of provincial People's Committees.

3.3. The Department of Document Inspection under the Ministry of Justice, legal systems of ministries, ministerial-level agencies, and government agencies, Departments of Justice, and Justice Offices are responsible for preparing six-month and annual reports on document inspection work to be submitted to the Minister, Head of a ministerial-level agency, Head of a government agency, Chairman of provincial People's Committees, and district People's Committees.

3.4. Six-month and annual reports on document inspection work should include the following contents:

a. The situation of implementing document inspection work within the authority during the reporting period, including comprehensive data and analysis, evaluation for each type of document: self-inspected and handled by the ministry, sector, or locality; sent for inspection and actually inspected; found to contain illegal content and requested the issuing agency to self-inspect and handle; handled according to the requirements of the document inspection agency.

b. General assessment of the quality of document drafting and issuance work in the inspection area through inspection activities and recommendations.

c. The situation of reviewing documents serving as legal bases for document inspection work in the assigned area; results of building databases to serve document inspection work.

d. The situation of organization and personnel engaged in document inspection work and conditions ensuring document inspection work.

d. Coordination activities in the implementation of document verification and business exchange; training, guidance, and professional development for document verification work;

e. Difficulties, obstacles, and recommendations;

g. Other related issues.

4. Regarding competition, commendation, and disciplinary matters:

4.1. The results and achievements obtained in performing assigned tasks related to document verification are among the criteria for competition assessment and commendation in the overall performance of the unit and individual.

4.2. Agencies, organizations, and individuals who have outstanding achievements and successfully complete their assigned tasks in document verification and handling shall be commended in accordance with Article 29, point h, Clause 1 and point h, Clause 2 of Article 32, point g, Clause 1 of Article 33 of Decree No. 135/2003/NĐ-CP and the regulations on commendation.

4.3. Agencies, organizations, and individuals who violate the law in document verification and handling as stipulated in Article 30 of Decree No. 135/2003/NĐ-CP shall be dealt with according to the law.

5. Regarding urging, directing, and inspecting the implementation of document verification work:

5.1. Urging, directing, and inspecting the implementation of document verification work must be carried out regularly and periodically to ensure that document verification work is conducted in accordance with the law, promptly identify and promote good initiatives and experiences in document verification work, commend agencies, organizations, and individuals with outstanding achievements, correct deviations, and address difficulties and obstacles to provide timely guidance and solutions.

5.2. The Department of Document Verification under the Ministry of Justice shall assist the Minister of Justice in urging, directing, and inspecting the implementation of document verification work by ministries, sectors, and localities.

5.3. Legal affairs organizations of ministries, agencies at the ministerial level, government agencies, Departments of Justice, and Justice Offices shall assist the Minister, Heads of agencies at the ministerial level, Heads of government agencies, Chairmen of provincial and district People's Committees in urging and directing document verification work within ministries, sectors, and localities.

V. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Department of Document Verification under the Ministry of Justice, legal affairs organizations of ministries, agencies at the ministerial level, government agencies, Departments of Justice, and Justice Offices shall assist the Minister, Heads of agencies at the ministerial level, Heads of government agencies, Chairmen of provincial and district People's Committees in organizing the implementation of this Circular.

3. In the process of implementing, if there are any obstacles, please promptly report them to the Ministry of Justice (through the Department of Document Verification) for research and resolution.