This Decision issues the Regulation on Inspection and Handling of Legal Normative Documents of the Ministry of Posts and Telecommunications, applicable to legal normative documents issued by ministers and heads of ministerial-level agencies related to postal services, telecommunications, and information technology. Notably, it stipulates the procedures and processes for inspecting and handling documents containing illegal content.
Scope of application
Units under the Ministry of Posts and Telecommunications, organizations, and individuals involved in issuing and implementing legal normative documents.
Key points
- For self-inspection documents: The Legal Department is responsible for organizing the inspection and handling of documents under the direction of the Minister; the leading drafting unit is responsible for self-inspection within 7 days.
- For documents within the scope of inspection authority: The Legal Department collaborates with relevant units to conduct inspections and handle documents containing illegal content.
- The inspection and handling process is detailed, from receiving the document to reporting the inspection results to the Minister.
- Civil servants who discover illegal documents must report to their Unit Head; the Legal Department is responsible for reviewing the document to propose amendments or revocation.
- Funding and dedicated staff are allocated to ensure the operation of document inspections.
🌐 Social impact of this document
- Positive: Helps ensure the legality of legal normative documents related to postal services, telecommunications, and information technology.
- Negative: May impose a time and manpower burden on the leading drafting unit when they have to perform self-inspections.
- Positive: Helps prevent consequences caused by illegal documents.
❓ Frequently asked questions
Which documents fall within the scope of self-inspection?
Legal normative documents issued by the Minister in the form of decisions, directives, circulars, and other documents containing illegal content.
What is the deadline for self-inspection of documents?
The leading drafting unit must conduct self-inspection within 7 working days from the date of receipt of notification from the Legal Department.
If illegal documents are discovered, what is the handling procedure?
The Legal Department will organize inspections and propose handling measures. In necessary cases, the Minister will decide on suspending, amending, or revoking the document.
How many days are there to report the inspection results to the Minister?
Within 5 working days from the completion of the inspection according to the prescribed timeframe.
How is funding for document inspection work arranged?
Funding for document inspection work is budgeted annually within the regular operating expenses of the Ministry funded by the state budget.
Full text
Pursuant to …;
Issuing the "Regulation on Inspection and Handling of Legal Normative Documents of the Ministry of Posts and Telecommunications"
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Pursuant to Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;
Pursuant to Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of legal normative documents;
At the request of the Director of the Legal Department,
DECISION:
Article 1. The "Regulation on Inspection and Handling of Legal Normative Documents of the Ministry of Posts and Telecommunications" is hereby issued together with this Decision.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Article 3. The Heads of the Office, the Inspectorate, Department Directors, Bureau Chiefs, Heads of agencies and units under the Ministry of Posts and Telecommunications; related organizations and individuals are responsible for implementing this Decision.
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THE MINISTER
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REGULATIONS
INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS OF THE MINISTRY OF POSTS AND TELECOMMUNICATIONS
(Issued together with Decision No. 01/2007/QĐ-BBCVT dated January 2, 2007 of the Minister of Posts and Telecommunications)
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Regulation stipulates the procedures and formalities for inspecting and handling legal normative documents and other documents issued by the Ministry of Posts and Telecommunications within its jurisdiction or jointly with other ministries and equivalent agencies (hereinafter referred to as "documents within the scope of self-inspection") and legal normative documents issued by ministers, heads of ministries and equivalent agencies, provincial People's Councils, and provincial People's Committees relating to postal services, telecommunications, and information technology (hereinafter referred to as "documents within the scope of inspection according to jurisdiction").
Article 2. Documents within the scope of self-inspection
Documents within the scope of self-inspection include:
1. Legal normative documents issued by the Minister of Posts and Telecommunications in the form of decisions, directives, circulars, and joint circulars between the Ministry of Posts and Telecommunications and other ministries and equivalent agencies.
2. Documents of the Ministry of Posts and Telecommunications containing legal norms but not issued in the form of legal normative documents or other documents issued by the heads of agencies and units under the Ministry that contain illegal content (when requested, suggested, complained about by agencies, organizations, mass media, and individuals), including:
a) Documents signed and issued by the Minister or Deputy Minister of Posts and Telecommunications containing legal norms but not issued in the form of legal normative documents: decisions, directives, circulars.
b) Documents having the format and content similar to legal normative documents (decisions, directives, circulars) or documents having a format not being legal normative documents (regulations, charters, programs, plans, letters, notifications, and other forms of documents) issued by the heads of units under the Ministry of Posts and Telecommunications that contain legal norms (including documents having such format and content signed at the request of the Minister).
Article 3. Documents within the scope of inspection according to jurisdiction
Documents within the scope of inspection according to jurisdiction include: decisions, directives, circulars, and joint circulars issued by ministers and heads of ministries and equivalent agencies; resolutions of provincial People's Councils and decisions, directives of provincial People's Committees issued with content related to postal services, telecommunications, and information technology.
Article 4. Purpose of reviewing legal documents
The review of legal documents aims to identify contents that violate the law in order to promptly suspend, amend, revoke, or abolish such documents to ensure their constitutionality, legality, and consistency with the specialized legal system; at the same time, recommend the competent authority to determine the responsibility of units and individuals who issued the documents containing illegal contents.
Article 5. Scope of Content Review for Legal Documents
The scope of content review for legal documents includes:
1. Reviewing the legality of legal documents:
The review of the legality of legal documents is carried out in accordance with Article 3 of Decree No. 135/2003/NĐ-CP dated November 14, 2003, of the Government on the inspection and handling of legal normative documents (hereinafter referred to as Decree No. 135/2003/NĐ-CP) and the guidance provided in Point 2, Section I of Circular No. 01/2004/TT-BTP dated June 16, 2004, of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 135/2003/NĐ-CP (hereinafter referred to as Circular No. 01/2004/TT-BTP).
2. Reviewing the compatibility of the content of the document with the socio-economic development situation and the requirements of state management.
Article 6. Principles of Inspection and Handling of Legal Documents
1. The work of inspecting legal documents must be conducted regularly and promptly in accordance with the legal regulations on inspecting legal documents and this Regulation.
2. Ensuring close coordination between the leading unit assisting the Minister in organizing inspection activities and handling legal documents with the main drafting unit and other relevant agencies and units during self-inspection and inspection within the scope of authority as stipulated in Articles 2 and 3 of this Regulation.
3. Ensuring compliance with the provisions of Clause 1, Article 7 of Decree No. 135/2003/NĐ-CP and the guidance provided in Point 3, Section I of Circular No. 01/2004/TT-BTP regarding the legal bases for inspecting and determining the legality of legal documents.
4. Ensuring close coordination and consistency with other agencies participating in signing and issuing joint legal documents during the process of inspecting and handling joint legal documents containing illegal contents.
5. The handling of illegal legal documents must be objective, comprehensive, timely, accurate, and in accordance with the legal regulations on inspecting legal documents and this Regulation; ensuring prompt prevention and remediation of consequences caused by illegal legal documents.
Chapter 2
RESPONSIBILITIES FOR INSPECTING AND HANDLING LEGAL DOCUMENTS
Article 7. Responsibilities of the Legal Affairs Department
The Legal Affairs Department is the leading unit responsible for assisting the Minister in organizing the inspection and handling of legal documents in accordance with this Regulation, and has the following responsibilities:
1. Building and supervising the implementation of plans for self-inspection and inspection within the scope of authority as stipulated in Articles 2 and 3 of this Regulation.
2. Organizing the inspection of legal documents as stipulated in Clause 1, Article 2 of this Regulation.
3. Leading and coordinating with the main drafting unit to inspect legal documents suspected of violating the law based on notifications from the competent authority for inspecting legal documents and requests, recommendations, complaints from agencies, organizations, mass media, and individuals concerning the legal documents as stipulated in Clause 2, Article 2 of this Regulation.
4. Leading and coordinating with related units under the Ministry to conduct inspections within the scope of authority as stipulated in Article 3 of this Regulation.
5. Participating in handling and explaining, monitoring the handling of legal documents containing illegal contents in accordance with this Regulation.
6. Summarizing, concluding, and reporting on the work of inspecting and handling legal documents as prescribed.
7. Leading and coordinating with units under the Ministry to review legal normative documents on postal services, telecommunications, and information technology to identify outdated, conflicting, or overlapping provisions; promptly proposing the suspension, amendment, supplementation, revocation, or abolition of parts or all of the documents in accordance with the law; simultaneously establishing a database to serve the inspection of legal documents.
Article 8. Responsibilities of units under the Ministry
1. Organize self-inspection in accordance with the provisions of this Regulation for the documents mentioned in Article 2 of this Regulation which are drafted by their own unit.
2. Coordinate with the Department of Legal Affairs to organize inspection for the documents mentioned in Article 3 of this Regulation.
3. Participate in handling documents containing content contrary to the law according to the provisions of this Regulation within the scope of responsibility of the unit.
4. Coordinate with the Department of Legal Affairs to organize review of regulatory documents mentioned in Clause 7, Article 7 of this Regulation.
Article 9. Responsibilities of civil servants
Civil servants of units under the Ministry who discover documents containing content contrary to the law, contradictions, overlaps, or no longer being appropriate must report to the head of their unit; the head of the unit, upon discovering such issues, has the responsibility to report to the Minister while simultaneously notifying the Department of Legal Affairs to conduct inspection and handling.
Chapter 3
PROCEDURE AND PROCEDURES FOR INSPECTION AND HANDLING OF DOCUMENTS
Section 1
PROCEDURE AND PROCEDURES FOR INSPECTION AND HANDLING OF DOCUMENTS WITHIN THE SCOPE OF SELF-INSPECTION
Article 10. Sending and receiving inspection documents
1. For documents prescribed in Clause 1, Article 2 of this Regulation, no later than three (03) working days from the date the document is signed and issued, in addition to sending the document to the Department of Legal Document Inspection of the Ministry of Justice and the legal affairs organizations of ministries and agencies at the same level for inspection in accordance with the authority stipulated in Decree No. 135/2003/NĐ-CP; the drafting unit (hereinafter referred to as "the drafting unit") shall have the responsibility to send one original copy to the Department of Legal Affairs for self-inspection in accordance with this Regulation.
2. Within two (02) working days after receiving notification from the competent authority inspecting the document (hereinafter referred to as "the competent authority") about a document issued by the Ministry of Posts and Telecommunications that appears to be contrary to the law, or upon receiving requests, suggestions, complaints regarding the document mentioned in Clause 2, Article 2 of this Regulation, the receiving unit shall have the responsibility to notify and provide related materials (if any) or notify in writing about the content of the suggestion, complaint, request to the Department of Legal Affairs.
3. Upon receipt of the documents and materials mentioned in Clauses 1 and 2 of this Article, the Department of Legal Affairs shall have the responsibility to update them into the "Record of Monitoring Regulatory Document Inspection" to organize inspection in accordance with this Regulation.
4. For documents that appear to be contrary to the law as notified by the competent authority, within two (02) working days from the date of receipt of the document mentioned in Clause 2 of this Article, the Department of Legal Affairs shall send a notification letter and request the drafting unit to cooperate in inspection in accordance with the time limit stipulated in Clause 1, Article 14 of this Regulation.
As for the requests, suggestions, complaints of organizations and individuals mentioned in Clause 2 of this Article, if after examination, the Department of Legal Affairs finds it reasonable, within five (05) working days from the date of receipt of the request, the Department of Legal Affairs shall send a letter requesting the drafting unit to conduct self-inspection and cooperate with the Department of Legal Affairs to handle in accordance with the provisions of Clause 2, Article 14 of this Regulation.
Article 11. The Department of Legal Affairs organizes inspection of documents mentioned in Clause 1, Article 2 of this Regulation
1. Immediately upon receipt of the inspection document, the Department of Legal Affairs shall have the responsibility to organize the inspection of the document.
2 Procedure and procedures for inspection:
a) If the document passes inspection without finding any content contrary to the law, the inspector shall sign confirmation in the upper right corner of the document.
b) In case the document is found to contain content contrary to the law, the inspector must establish a "File on Documents Containing Content Contrary to the Law" including the following documents: inspection form (according to Model No. 01 attached to this Regulation), the inspected document, and the legal basis for inspection.
3. Based on the inspection results, the Department of Legal Affairs shall send a notification letter to the drafting unit about the content contrary to the law of the document for the unit to conduct self-inspection and propose a handling method.
4. During the process of the Department of Legal Affairs conducting document inspection, the drafting unit shall have the responsibility to provide files and materials and explain issues related to the content of the inspected document according to the requirements of the Department of Legal Affairs no later than five (5) working days from the date of receipt of the request letter.
5. The Department of Legal Affairs shall have the responsibility to organize self-inspection of documents drafted by its own department in accordance with the inspection procedure and procedures stipulated in Clause 2 of this Article and propose handling methods for documents containing content contrary to the law.
Article 12. The leading drafting unit shall self-inspect the document referred to in Clause 1 of Article 2 of the Regulation.
1. The leading drafting unit shall be responsible for organizing self-inspection of the document within seven (07) working days from the date of receiving the notification of the Legal Affairs Department as stipulated in Clause 3 of Article 11 of this Regulation.
2. Within no more than three (03) working days from the completion of self-inspection, the leading drafting unit must notify the Legal Affairs Department of the inspection results and the form of handling the illegal content of the document (if any) for monitoring and coordination in handling.
3. The form and responsibility for participating in handling the illegal content of the document by the leading drafting unit shall be implemented in accordance with the provisions of Article 15 of this Regulation.
Article 13. Organizing coordinated inspections for joint documents issued by the Ministry of Posts and Telecommunications containing illegal content.
In case illegal content of joint documents under the management of the Ministry of Posts and Telecommunications is discovered, the Legal Affairs Department shall be responsible for coordinating with relevant units of agencies participating in signing and issuing the document to jointly examine and inspect the entire content of the document, on this basis reporting the inspection results to the Minister and proposing forms of handling.
Article 14. Organizing coordinated inspections of documents suspected of being illegal according to notifications from competent authorities and requests, suggestions, complaints from organizations, individuals; mass media and individuals.
1. For documents suspected of being illegal according to notifications from competent authorities, within fifteen (15) working days from the date of receiving the notification as stipulated in Clause 2 of Article 10 of this Regulation, the Legal Affairs Department shall take the lead and coordinate with the leading drafting unit and related units to clarify the illegal content of the document, while proposing forms of handling for submission to the Minister.
2. For requests, suggestions, complaints from organizations and individuals regarding documents as stipulated in Clause 2 of Article 2 of this Regulation, the leading drafting unit shall be responsible for self-inspection within ten (10) working days from the date of receiving the notification of the Legal Affairs Department as stipulated in Clause 4 of Article 10 of this Regulation; at the same time, coordinating with the Legal Affairs Department to clarify the illegal content of the document and propose forms of handling for submission to the Minister within five (5) working days from the completion of self-inspection.
3. The procedures and processes for inspecting documents are carried out in accordance with the provisions of Clause 2 of Article 11 of this Regulation. Documents with illegal content, in addition to the documents listed in point b of Clause 2 of Article 11, must also include the notification document of the competent authority or the request, suggestion, complaint document of organizations, individuals (if any).
Article 15. Forms of handling for documents containing illegal content and responsibilities for participation in handling.
For normative legal documents:
a) In cases where the proposed form of handling is suspension, revocation, abolition of part or all of the content of the document, the Legal Affairs Department shall draft the decision on handling for submission to the Minister.
b) In cases where the proposed form of handling is amendment of part or replacement of all the content of the document, the leading drafting unit shall draft the amended document or replacement document. For issues with complex content requiring preparation time for the draft document, the leading drafting unit must submit a report to the Minister explaining the reasons and the deadline for submitting the document.
Drafting, promulgating documents for amendment, supplementation, and replacement must comply with the legal regulations on promulgating normative legal documents and the regulations on drafting, reviewing, and promulgating normative legal documents of the Ministry of Posts and Telecommunications.
2. For documents as stipulated in Clause 2 of Article 2 of this Regulation, the leading drafting unit of the document shall be responsible for drafting the handling document for submission to the Minister for signature to abolish or revoke the illegal document in accordance with the law.
3. The examination and proposal of forms of handling for documents containing illegal content shall be carried out in accordance with the guidance at point 4.2 Section 2 Part III Circular No. 01/2004/TT-BTP.
Article 16. Report on the Results of Inspecting Legal Documents
1. The Legal Affairs Department shall be responsible for reporting to the Minister the results of inspecting legal documents along with the file on legal documents containing illegal content. The report must include the following contents: the name of the inspected document, the legal basis for inspection, the inspection process, the illegal content of the document, and recommendations for handling methods; in cases where there is disagreement among participating units regarding the illegal content of the document, the report must clearly state the opinion of each unit.
2. For legal documents inspected based on the notification of the competent authority and requests, suggestions, and complaints from agencies, organizations, mass media, and individuals, the Legal Affairs Department shall be responsible for reporting to the Minister the results of the inspection within five (05) working days from the date of completing the inspection according to the deadlines stipulated in Clause 1 and Clause 2 of Article 14 of this Regulation.
Article 17. Decision on Handling Legal Documents Containing Illegal Content
1. Based on the report and the file on legal documents containing illegal content submitted by the Legal Affairs Department, the Minister shall decide on the handling of legal documents containing illegal content.
2. The handling of joint legal documents where the illegal content falls within the scope of management of the Ministry of Posts and Telecommunications shall be carried out according to the principles specified in Clause 4 of Article 6 of this Regulation.
Article 18. Inspection and Handling Procedures for Legal Documents with Clearly Identified Illegal Content
Upon receiving the documents for inspection as stipulated in Clause 1 and Clause 2 of Article 10 of this Regulation, if the Legal Affairs Department identifies that the illegal content of the document is clear and requires immediate suspension of implementation to limit and prevent negative consequences promptly according to the principle of handling illegal documents as specified in Clause 2 and Clause 3 of Article 5 of Decree No. 135/2003/NĐ-CP and the guidance for handling at point 4.2, Clause 2, Section III of Circular No. 01/2004/TT-BTP, the inspection and handling procedures for the document shall be implemented as follows:
1. The Legal Affairs Department shall issue a notice and immediately convene a meeting with the main drafting unit to unify the illegal content of the document and propose handling methods. If the document containing illegal content is a joint document, representatives of the legal affairs organization or relevant units of the agency co-signing the document shall be invited to participate.
2. The Legal Affairs Department shall be responsible for reporting to the Minister the results of the inspection meeting accompanied by the "File on Legal Documents Containing Illegal Content" established according to the procedures stipulated in point b, Clause 2 of Article 11 and Clause 3 of Article 14 of this Regulation and the "Draft decision on handling" for the Minister's consideration and decision. The report must clearly explain the necessity to suspend implementation or revoke, abolish partially or entirely the illegal document.
Article 19. Announcing and Notifying the Results of Handling Legal Documents Containing Illegal Content
1. The announcement of the results of handling legal documents containing illegal content shall be carried out as follows:
a) The decision on handling normative legal documents containing illegal content must be sent for publication in the Official Gazette or disseminated through central mass media according to Article 9 of Decree No. 135/2003/NĐ-CP.
b) For documents prescribed in Clause 2 of Article 2 of this Regulation, the handling document must be sent to the agencies, organizations, and individuals to whom the document containing illegal content was previously sent, and concurrently sent to the competent authority if the document was inspected and handled based on the notification of that agency. If the document has been published in the Official Gazette and disseminated through mass media, the handling document must also be sent for publication in the Official Gazette and disseminated through mass media according to Article 9 of Decree No. 135/2003/NĐ-CP.
c) The Legal Affairs Department shall take the lead, with the main drafting unit, the Ministry Office, and the Information Center coordinating to announce the results of handling legal documents containing illegal content as specified in points a and b of this clause.
2. For documents inspected based on the notification of a competent state agency or requests, suggestions, and complaints in writing from agencies, organizations, and individuals, where the inspection results do not reveal illegal content, the Legal Affairs Department shall coordinate with the main drafting unit to prepare a report on the inspection results for submission to the Minister.
Article 20. Responsibilities of Heads of Units and Individuals Involved in Drafting Documents Containing Content Contrary to Law
1. The Head of Units under the Ministry, civil servants who have participated in drafting documents containing content contrary to law must bear responsibility according to the provisions of Article 8 of Decree No. 135/2003/NĐ-CP.
2. The procedures, formalities for examination and decision-making, and forms and levels of handling against Heads of Units and civil servants who have participated in drafting documents containing content contrary to law shall be implemented in accordance with the provisions of the law.
Article 21. Amending, Supplementing, Replacing, or Abolishing Documents Whose Content Is No Longer Appropriate
1. For normative legal documents issued by the Ministry of Posts and Telecommunications or jointly issued that contain content no longer appropriate due to changes in economic and social conditions, or when a higher-level state agency issues new documents, units assigned functions and tasks are responsible for researching and proposing to the Minister to amend, supplement, replace, or abolish the document according to the provisions of Articles 10 and 11 of Decree No. 135/2003/NĐ-CP.
2. The preparation of documents for amendment, supplementation, or replacement shall be carried out in accordance with the Law on Enacting Normative Legal Documents and the regulations on drafting, reviewing, and issuing normative legal documents of the Ministry.
Article 22. Explanation Regarding the Handling of Documents Issued by the Ministry of Posts and Telecommunications Containing Content Contrary to Law
In cases where the authority issuing the document requests the Prime Minister to handle documents containing content contrary to law of the Ministry of Posts and Telecommunications according to Clause 1 of Article 16 of Decree No. 135/2003/NĐ-CP, the Legal Department shall be responsible for coordinating with the main drafting unit to prepare an explanation for the Minister to report to the Prime Minister according to the provisions of Article 21 of Decree No. 135/2003/NĐ-CP.
PART 2
PROCEDURES AND FORMALITIES FOR INSPECTION AND HANDLING DOCUMENTS WITHIN THE SCOPE OF INSPECTION ACCORDING TO AUTHORITY
Article 23. Sending and Receiving Inspection Documents
1. Within three (03) working days from the date of receipt of normative legal documents sent by ministries, sectors, or localities for inspection (if applicable), the Ministry's Office shall be responsible for sending one copy to the Legal Department for organization of inspection according to this Regulation.
2. The Legal Department shall maintain a separate record to receive inspection documents and monitor the results of inspection and handling of documents within the scope of inspection according to the authority specified in Article 3 of this Regulation.
Article 24. Organization, Coordination of Inspection and Formalities for Inspecting Documents
1. Upon receiving the document referred to in Clause 1 of Article 23 of this Regulation, the Legal Department shall be responsible for sending a notification requesting relevant units under the Ministry to cooperate in organizing the inspection of the content of the document related to postal, telecommunications, and information technology fields.
2. The unit receiving the notification shall be responsible for appointing representatives to coordinate with the Legal Department to conduct the inspection of the document.
3. The procedures and formalities for inspecting documents shall be carried out according to the provisions of Clause 2 of Article 11 of this Regulation. The inspection period shall be within twenty (20) working days from the date the Legal Department receives the inspection document.
4. The procedures for inspecting and handling documents containing content classified as state secrets shall be carried out according to the provisions of Article 23 of Decree No. 135/2003/NĐ-CP and the guidance at Point 9, Section III of Circular No. 01/2004/TT-BTP.
Article 25. Report on the Results of Checking Documents with Content Contrary to Law
In case a document with content contrary to law is discovered, within five (05) working days from the date of completing the check as prescribed in Clause 3, Article 24 of this Regulation, the Legal Department shall report to the Minister the results of the check along with the file on the document with content contrary to law, the report clearly stating: the name of the document being checked, the legal basis for the check, the opinion of the Legal Department, the opinion of the participating units, and the proposed form of handling.
Article 26. Notification Requesting the Issuing Authority to Self-Check and Handle Documents with Content Contrary to Law
Based on the decision of the Minister, the Legal Department prepares a notification requesting the issuing authority to self-check and handle documents with content contrary to the provisions of the law on postal services, telecommunications, and information technology, to be submitted to the Minister for signature and sent to the issuing authority according to Article 20 of Decree No. 135/2003/NĐ-CP. The content of the notification is implemented in accordance with the guidance at Point 6, Section III of Circular No. 01/2004/TT-BTP.
Article 27. Monitoring the Handling of Documents with Content Contrary to Law
1. The Legal Department is responsible for monitoring the results of self-checking and handling documents with content contrary to law by the issuing authority.
2. If beyond the time limit specified in Point b, Clause 1, Article 20 of Decree No. 135/2003/NĐ-CP, the issuing authority does not check and handle the document or the handling result does not meet the requirements of the Minister of Posts and Telecommunications, then the Legal Department is responsible for advising the Minister on subsequent measures to handle the document with content contrary to law according to the authority stipulated in Clause 1, Article 16 of Decree No. 135/2003/NĐ-CP.
Chapter 4
IMPLEMENTING PROVISIONS
Article 28. Reporting Regime
1. Every six (06) months and annually, units under the Ministry are responsible for reporting their self-checking work on documents to the Legal Department no later than June 15 and December 15 each year.
2. The Legal Department is responsible for compiling the results of checking and handling documents to report to the Minister; simultaneously preparing semi-annual and annual reports on the work of checking and handling regulatory documents to send to competent state agencies.
Article 29. Conditions Ensuring the Work of Checking Documents
1. Funding for the work of checking documents:
a) Funding to ensure the work of checking documents is included in the annual operating budget of the Ministry provided by the state budget.
b) The Planning-Finance Department takes the lead, coordinating with the Legal Department to develop an annual funding plan for checking documents to be submitted to the Ministry's leadership for approval.
c) Management and use of funding for checking documents are carried out in accordance with the guidance in Joint Circular No. 109/2004/TT-BTC-BTP dated November 17, 2004, issued by the Ministry of Finance and the Ministry of Justice.
2. Specialized staff for checking documents
The Director of the Legal Department coordinates with the Director of the Organization-Human Resources Department to establish staffing levels for specialized work in checking documents in accordance with Clause 2, Article 34 of Decree No. 135/2003/NĐ-CP and the guidance in Section 1, Part IV of Circular No. 01/2004/TT-BTP, to be submitted to the Minister.
Article 30. Rewards, Handling Violations, Complaints, and Appeals in the Work of Checking and Handling Documents
1. Agencies, units, civil servants, and cooperators under the Ministry who have achievements in the work of checking and handling documents as stipulated in Article 29 of Decree No. 135/2003/NĐ-CP shall be rewarded in accordance with the law.
2. Agencies, organizations, and individuals who violate the law in the work of checking and handling documents as stipulated in Article 30 of Decree No. 135/2003/NĐ-CP shall be handled according to the law depending on the nature and degree of violation.
3. Complaints and appeals and the authority and procedures for resolving complaints and appeals in the work of checking and handling documents of the Ministry of Posts and Telecommunications are carried out in accordance with the provisions of Article 31 of Decree No. 135/2003/NĐ-CP.
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