Circular No. 01/2009/TT-BCT guides the inspection, review, systematization, and handling of legal normative documents in the Industry and Trade sector.

 

CIRCULAR

GUIDELINES FOR THE WORK OF INSPECTING, REVIEWING, SYSTEMATIZING AND HANDLING LEGAL DOCUMENTS IN THE INDUSTRY AND TRADE SECTOR

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

||| Based on the Law on Legislative Acts of 2008;

Pursuant to Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspecting and handling legal documents;

The Ministry of Industry and Trade guides the work of inspecting, reviewing, systematizing and handling legal documents in the industry and trade sector as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

This Circular guides the procedures, formalities and responsibilities of units under the Ministry of Industry and Trade in inspecting, reviewing, systematizing and handling legal documents related to the industrial and commercial sectors within the scope of state management of the Ministry of Industry and Trade.

This Circular applies to Departments, the Office of the Ministry, the Inspectorate of the Ministry, Bureaus, agencies, units and individuals under the Ministry of Industry and Trade that are involved in inspecting, reviewing, systematizing and handling legal documents related to the industrial and commercial sectors within the scope of state management of the Ministry of Industry and Trade.

2. Documents within the scope of self-inspection

2.1. Documents within the scope of self-inspection

a) Legal documents issued by the Minister of Industry, the Minister of Commerce (hereinafter referred to collectively as the former Ministries), the Minister of Industry and Trade in the form of decisions, directives, circulars, and joint circulars between the former Ministries, the Ministry of Industry and Trade and other ministries, ministerial-level agencies, and central bodies of political-social organizations.

b) Documents issued by the Leadership of the Ministry of Industry and Trade containing legal provisions but not issued in the form of legal documents;

c) Documents issued by the Leadership of the Ministry of Industry and Trade; documents issued by heads of units under the Ministry of Industry and Trade upon delegation by the Minister containing legal provisions (when requested by the Leadership of the Ministry or when notified by a competent state agency to inspect the document; or when there is a request, suggestion, complaint from agencies, organizations, mass media and individuals according to point b, Clause 8, Section I of this Circular).

2.2. Documents within the scope of inspection based on authority

Documents issued by ministries, ministerial-level agencies, provincial People's Councils, provincial People's Committees relating to the state management of the Ministry of Industry and Trade, including:

a) Decisions, directives, circulars, joint circulars issued by ministries, ministerial-level agencies;

b) Resolutions issued by provincial People's Councils;

c) Decisions, directives issued by provincial People's Committees;

d) Other documents issued by provincial People's Councils, provincial People's Committees containing legal provisions but not issued in the form of legal documents.

3. Documents within the scope of review and systematization

Documents within the scope of review and systematization are legal documents related to the state management of the Ministry of Industry and Trade issued in the following forms:

a) Laws, resolutions issued by the National Assembly;

b) Ordinances, resolutions issued by the Standing Committee of the National Assembly;

c) Orders, decisions issued by the President;

d) Decrees, resolutions issued by the Government;

đ) Decisions, directives issued by the Prime Minister;

Point e) Joint Circulars;

g) Decisions, directives, circulars issued by the Minister, head of a ministerial-level agency;

h) International treaties Vietnam has joined that relate to the state management of the Ministry of Industry and Trade.

4. Explanation of terms

In this Circular, the following terms are understood as follows:

4.1. Inspection of legal documents in the industry and trade sector includes self-inspection and inspection based on authority by the Ministry of Industry and Trade of legal documents related to industry and commerce. In which:

a) Self-inspection is the inspection by the Ministry of Industry and Trade of documents issued by the former Ministries, the Ministry of Industry and Trade or contents within the scope of state management of the Ministry of Industry and Trade in joint documents issued by the former Ministries, the Ministry of Industry and Trade in coordination with competent state agencies;

b) Inspection based on authority is the examination, evaluation, and conclusion on the legality of legal documents issued by ministries, ministerial-level agencies, People's Councils, People's Committees containing contents related to the state management of the Ministry of Industry and Trade to identify illegal contents, contradictions, overlaps, or contents no longer suitable for the country's socio-economic development situation, and to handle or recommend competent state agencies to handle according to the law.

4.2. Review of legal documents in the industry and trade sector is the re-examination of legal documents within the scope of state management of the Ministry of Industry and Trade previously issued by competent state agencies to identify conflicting, overlapping documents or legal provisions no longer suitable for the country's socio-economic development situation, and to handle them appropriately through methods such as amendment, supplementation, cancellation, abolition, or suspension of implementation, and to recommend competent agencies or persons to inspect and handle.

4.3. Systematization of legal documents in the industry and trade sector is the collection, classification, arrangement, and evaluation of legal documents within the scope of state management of the Ministry of Industry and Trade into a unified system according to predetermined criteria to ensure consistency in content, form, issuing authority, and issuance time.

5. Purpose of inspecting documents

Inspecting documents aims to identify illegal contents and contents no longer suitable for the document to promptly suspend its implementation, amend, cancel, or abolish the document, ensuring the constitutionality, legality, and consistency of the legal system; recommending competent authorities to determine the responsibility of units and individuals who issued documents containing illegal contents for appropriate measures.

6. Principles of inspection and handling of documents

a) The work of inspecting documents must be carried out regularly and promptly in accordance with the legal regulations on inspecting documents and the guidelines of this Circular;

b) Ensure close coordination between the unit responsible for organizing inspection and handling of documents at the request of the Minister with the main drafting unit (hereinafter referred to as "the main drafting unit") and other relevant agencies and units during self-inspection and inspection within their authority over documents in accordance with the guidance provided in Clause 2, Section I of this Circular;

c) Comply with the provisions of Clause 1, Article 7 of Decree No. 135/2003/ND-CP dated November 14, 2003 of the Government on inspection and handling of regulatory legal documents (hereinafter referred to as Decree No. 135/2003/ND-CP) and the guidance provided in Point 3, 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/ND-CP (hereinafter referred to as Circular No. 01/2004/TT-BTP) regarding the legal bases for inspecting and determining the legality of documents;

d) Ensure close and consistent coordination with agencies participating in signing and issuing joint documents;

đ) Handling of illegal documents must be objective, comprehensive, timely, accurate, and in compliance with the legal regulations on document inspection and the guidance of this Circular; ensuring prevention and prompt mitigation of consequences caused by illegal documents;

7. Content of document inspection

The content of document inspection includes:

a) Inspection of the legality of documents carried out in accordance with the provisions of Article 3 of Decree No. 135/2003/ND-CP and the guidance provided in Point 2, Section I of Circular No. 01/2004/TT-BTP;

b) Inspection of the appropriateness of the content of documents with the socio-economic development situation or when a higher-level state agency issues new documents making the previously issued content no longer appropriate;

8. Submission and receipt of documents for self-inspection and inspection within authority

8.1. For documents stipulated in Point 2.1, Clause 2, Section I of this Circular, no later than three (03) working days from the date of signing and issuing the document, in addition to sending the document to the Department of Legal Document Inspection and Legal Institutions of Ministries and equivalent agencies for inspection within their authority as prescribed in Article 18 of Decree No. 135/2003/ND-CP, the main drafting unit shall be responsible for sending one (01) original copy to the Legal Affairs Department for self-inspection in accordance with the guidance of this Circular;

8.2. Within two (02) working days after receiving notification from the competent state agency for document inspection, requests, recommendations, complaints about documents issued by predecessor ministries, the Ministry of Industry and Trade, or jointly issued documents that appear to be illegal, the Office of the Ministry, the Inspectorate of the Ministry, and other departments and units under the Ministry shall notify and transfer related documents to the Legal Affairs Department for self-inspection;

8.2. Upon receipt of documents and materials, the Legal Affairs Department shall record them in a dedicated "Incoming Document Register" for tracking document inspections. For documents that appear to be illegal, within two (02) working days from the date of receipt as stipulated in Point 8.2 of this clause, the Legal Affairs Department shall send a notification and request the main drafting unit to cooperate in inspection and handling in accordance with this Circular;

9. Database system for document inspection

9.1. The database system for document inspection includes the following basic contents:

a) Regulatory legal documents that have been reviewed to establish legal grounds for self-inspection and inspection of documents within the authority of the Ministry of Industry and Trade;

b) Results of self-audit, document audit and handling of illegal documents;

c) Information on inspection procedures;

d) Other information, documents, and data serving self-inspection and inspection of documents;

9.2. The database system for document inspection of the Ministry of Industry and Trade shall be computerized in accordance with practical conditions to ensure convenience for searching and application;

9.3. The Legal Affairs Department shall be responsible for coordinating with Departments, Bureaus, the Office, the Inspectorate of the Ministry, and other departments and units under the Ministry to build and manage databases serving document inspection work; regularly and promptly reviewing and identifying valid legal documents at the time of inspection;

10. Document inspection collaborators

a) Based on the requirements and tasks of document inspection, the Director of the Legal Affairs Department shall prepare a list of collaborators who meet the necessary qualifications, expertise, and capabilities based on proposals from Departments, Bureaus, the Office of the Ministry, the Inspectorate of the Ministry, and other departments and units under the Ministry for approval by the Minister;

b) Document inspection collaborators must meet the following conditions:

- Possess knowledge and skills in document inspection work;

- Have legal knowledge and understanding of the industrial and commercial sectors;

- Have at least three (03) years of experience in the field they are responsible for;

c) Document inspection collaborators may be selected from units under the Ministry of Industry and Trade or other agencies and organizations;

11. Responsibilities for implementing self-inspection and inspection within authority

11.1. The Legal Affairs Department is the lead unit, responsible for assisting the Minister in organizing document inspection and handling in accordance with the guidance of this Circular, and shall be responsible for:

a) Developing and supervising the implementation of plans for self-inspection and inspection within authority of documents as specified in Clause 2, Section I of this Circular;

b) Participating in handling and explaining; monitoring the results of self-inspection and handling of documents containing illegal content issued by the issuing agency. Beyond the deadline specified in Point b, Clause 1, Article 20 of Decree No. 135/2003/ND-CP, if the issuing agency does not inspect and handle the document or the handling result does not meet the requirements of the Minister of Industry and Trade, the Legal Affairs Department shall be responsible for advising the Minister on further measures to handle the document containing illegal content according to the authority prescribed in Clause 1, Article 16 of Decree No. 135/2003/ND-CP;

c) Preparing documents and notifications requesting the issuing agency to self-inspect and handle documents containing content contrary to the provisions of laws related to the industrial and commercial sectors; submitting a letter signed by the Minister to the issuing agency in accordance with Article 20 of Decree No. 135/2003/ND-CP. The content of the notification shall be implemented in accordance with the guidance provided in Point 6, Section III, Circular No. 01/2004/TT-BTP.

d) Chair and coordinate with the main drafting unit to inspect documents that show signs of violating the law according to the notification of the competent authority for inspecting documents and the requests, recommendations, complaints of agencies, organizations, mass media, and individuals regarding the documents mentioned in point 2.1b, Clause 2, Section I of this Circular;

đ) Chair and coordinate with the Ministry's Office, the Ministry Inspectorate, and other agencies and units under the Ministry to inspect the documents mentioned in point 2.2, Clause 2, Section I of this Circular within their respective authorities; establish a database to serve the inspection of documents;

e) Summarize and conclude; report on the inspection and handling of documents in accordance with the guidance of this Circular.

11.2. Responsibilities of the Ministry's Office, the Ministry Inspectorate, and other agencies and units under the Ministry.

a) Organize self-inspection of the documents mentioned in point 2.1, Clause 2, Section I of this Circular drafted by their own unit upon receiving the notification of the Legal Department about the illegal content of the document;

b) Coordinate with the Legal Department to organize the inspection of legal normative documents specified in point 11.1 đ, Section of this Circular;

c) Participate in handling documents containing illegal content in accordance with the guidance of this Circular within the scope of responsibility of the unit.

II. SELF-INSPECTION OF LEGAL NORMATIVE DOCUMENTS OF THE MINISTRY OF INDUSTRY AND TRADE

1. Methods of self-inspection

The self-inspection of legal normative documents of the Ministry of Industry and Trade shall be carried out as follows:

1.1. Regularly organize self-inspection of the documents mentioned in point 2.1, Clause 2, Section I of this Circular.

1.2. Timely organize self-inspection of documents issued by predecessor Ministries and the Ministry of Industry and Trade when:

a) Economic and social conditions have changed or when higher-level state agencies issue new documents making the content of the documents issued by predecessor Ministries and the Ministry of Industry and Trade no longer appropriate;

b) Receiving requests, recommendations, notifications from the competent authority for inspecting documents or from other agencies, organizations, and individuals.

2. Inspection of documents by the Legal Department

The Legal Department organizes the inspection of the documents mentioned in point 2.1, Clause 2, Section I of this Circular, specifically as follows:

2.1. After receiving the document for inspection, the Legal Department has the responsibility to organize the inspection of the document.

2.2. Inspection procedures and formalities:

a) If the inspected document does not reveal illegal content, the inspector determines that the content of the document is not illegal and signs confirmation on the "Inspection Form for Legal Normative Documents" (according to the model attached as Appendix 1 to this Circular);

b) In case of discovering illegal content in the document, the inspector must prepare a "File on Documents Containing Illegal Content" (according to the model attached as Appendix 2 to this Circular) including the following documents: Inspection Form for Legal Normative Documents, the inspected document, and the legal basis for inspection.

2.3. Based on the inspection results, the Legal Department sends a notification letter to the main drafting unit about the illegal content of the document for the unit to conduct self-inspection and propose a handling method.

2.4. During the process of the Legal Department inspecting the document, the main drafting unit is responsible for providing files and materials and explaining issues related to the content of the inspected document at the request of the Legal Department no later than five (05) working days from the date of receipt of the request letter.

2.5. The Legal Department is responsible for organizing self-inspection of the documents drafted by its own unit according to the inspection procedures and formalities guided in point 2.2 of this clause and proposing a handling method for documents containing illegal content.

3. Self-inspection organization by the main drafting unit

3.1. Within seven (07) working days from the date of receipt of the notification from the Legal Department as specified in point 2.3, Clause 2, Section of this Circular, the Heads of Departments, Bureaus, the Ministry's Office, the Ministry Inspectorate, and other units under the Ministry (hereinafter referred to as the self-inspection unit) assign a team of specialists, including the specialist primarily responsible for conducting the self-inspection. Depending on the requirements of the inspected document, the Head of the self-inspection unit decides whether to invite cooperating experts from the Ministry of Industry and Trade listed in the approved list by the Minister to participate in the inspection of the document.

3.2. The assigned team of specialists and cooperating experts are responsible for researching and inspecting the entire document, comparing the content of the inspected document with the legal basis stipulated in Article 7 of Decree No. 135/2003/ND-CP and the guidance at point 3, Section 1 of Circular No. 01/2004/TT-BTP to examine, evaluate, and conclude on the legality of the inspected document.

3.3. For joint documents issued by predecessor Ministries and the Ministry of Industry and Trade, the scope of inspection focuses on contents within the management domain of the Ministry of Industry and Trade, while coordinating with the legal department or relevant units of the Ministry, ministerial-level agencies, and central bodies of political-social organizations that signed the document to inspect the entire content of the document.

3.4. The primary responsible specialist represents the inspection team to submit a written summary report to the Head of the self-inspection unit on the inspection process, the contents inspected, and the group's conclusion on the inspected document. The report also clearly states any agreed opinions (if any) and the viewpoint of the primary responsible specialist.

3.5. In cases where the inspection team unanimously concludes that the document contains illegal content, the primary responsible specialist prepares the "Inspection Form for Legal Normative Documents" and the "File on Legal Normative Documents Containing Illegal Content" to be submitted to the Head of the self-inspection unit instead of the summary report as specified in point 3.4 of this clause. The content of the form and file is implemented according to the guidance in Appendices 1 and 2 attached to this Circular.

3.6. The Head of the self-inspection unit reviews and signs confirmation on the Inspection Form of the inspection team. In necessary cases, discussions can be organized within the unit or with related units before approval.

3.7. The self-inspection unit transfers all self-inspection results, including reports, files, and the Inspection Form, to the Legal Department for review, consolidation, reporting to the Minister, and updating the Ministry of Industry and Trade's Document Inspection Database System.

4. The organization shall coordinate self-inspection for documents issued by the Ministry of Industry and Trade that contain content contrary to the law.

4.1. For documents subject to self-inspection by the Legal Affairs Department, after the approval of the Inspection Form for Regulatory Documents containing content contrary to the law according to the guidance provided in Clause 2 of this Section, the Head of the Legal Affairs Department shall notify the Head of the unit primarily responsible for drafting the document to organize self-inspection according to the guidance provided in Clause 3 of this Section.

4.2. For documents showing signs of being contrary to the law as reported by competent authorities or complaints and appeals transferred to the Ministry of Industry and Trade requesting self-inspection, the Head of the Legal Affairs Department shall notify the Head of the unit primarily responsible for drafting the document to organize self-inspection, while assigning a group of Legal Affairs Department staff (or collaborators) to conduct the inspection according to the procedures and formalities outlined in Clause 3 of this Section.

4.3. The Head of the unit primarily responsible for drafting the document shall be responsible for organizing self-inspection of the document and coordinating with the Legal Affairs Department to clarify the contents showing signs of being contrary to the law, measures for handling, and preparing the handling document. In necessary cases, the drafting unit may convene meetings or send letters seeking opinions from other units within the Ministry, legal affairs organizations of the Ministry and relevant departments, and other related agencies and organizations regarding related issues.

4.4. In the event that the Legal Affairs Department and the drafting unit reach a consensus on the content contrary to the law in the document and agree on the measures for handling, which include suspending, revoking, or abolishing part or all of the content of the document, the Legal Affairs Department shall draft the decision on handling. If the proposed measure is amending part or all of the content of the document, the drafting unit must immediately draft the amended or replacement document. For complex issues requiring additional time for research before drafting the amended document, the drafting unit must provide a document detailing the reasons and setting a deadline for submitting the document. In such cases, the draft decision on handling must clearly stipulate the suspension of implementation of part or all of the document containing content contrary to the law.

4.5. In the event that the Legal Affairs Department and the drafting unit fail to reach a consensus, the drafting unit must submit a document clearly stating its viewpoint to the Legal Affairs Department for consolidation and reporting to the Minister according to the guidance provided in Clause 6 of this Section.

5. Organize coordination for self-inspection of joint documents issued by the Ministry of Industry and Trade that contain content contrary to the law.

5.1. In the case where the content showing signs of being contrary to the law pertains to the regulatory domain of the Ministry of Industry and Trade, the self-inspection of such documents shall be conducted according to the guidance provided in Clauses 3 and 4 of this Section, while coordinating with legal affairs organizations or relevant units of the Ministry, equivalent ministries, and central-level organizations of political-social bodies that signed the document.

5.2. The Head of the Legal Affairs Department shall be responsible for presenting to the Ministry's leadership overseeing legal affairs to sign a letter formally soliciting opinions from leaders of participating agencies and organizations about the results of self-inspection and proposed handling measures before reporting to the Minister according to the guidance provided in Clause 6 of this Section.

5.3. In the case where the content showing signs of being contrary to the law pertains to the regulatory domain of other agencies or organizations that signed the document, the Head of the Legal Affairs Department shall be responsible for informing those agencies and organizations to conduct their own inspections and handle the matter.

6. Report to the Minister the results of self-inspection of documents containing content contrary to the law.

a) The Head of the Legal Affairs Department shall report to the Minister in writing about the results of self-inspection accompanied by "The File on Documents Containing Content Contrary to the Law." The report must clearly state the name of the document inspected; the legal basis for self-inspection; the process of organizing self-inspection; the content contrary to the law in the inspected document; the opinions of the Legal Affairs Department, the drafting unit, and related agencies and organizations regarding the results of self-inspection and handling of the document.

b) In the case where units have reached a consensus on the results of self-inspection and handling measures, the report must be accompanied by a draft decision on handling and a draft of the amended document (if applicable) according to the guidance provided in Point 4.4 of Clause 4 of this Section. In the case where there are still unresolved issues among the units, the report must clearly state the viewpoint of the Legal Affairs Department, the opinion of the drafting unit, and the opinions of other related units, while proposing a resolution plan accompanied by relevant documents and materials.

7. Examine and decide on the handling of documents containing content contrary to the law.

7.1. Based on the report and file on documents containing content contrary to the law as stated in Clause 6 of this Section, the Minister shall examine and decide on the handling of documents containing content contrary to the law.

7.2. The handling of joint documents containing content contrary to the law issued by predecessor ministries and the Ministry of Industry and Trade shall be carried out based on reaching a consensus with the agencies and organizations that signed the document and in accordance with the provisions of Decree No. 135/2003/NĐ-CP.

8. Simplified self-inspection and handling procedures in cases where the content contrary to the law is clear.

8.1. The Legal Affairs Department shall immediately convene a meeting with the drafting unit to exchange and discuss the content contrary to the law in the document, the necessity of suspending the implementation of the document, and handling measures. In the case where the document containing content contrary to the law is a joint document signed by predecessor ministries and the Ministry of Industry and Trade, the meeting must involve representatives of legal affairs organizations or relevant units of the agencies and organizations that signed the document.

8.2. Based on the conclusions of the meeting, the Head of the Legal Affairs Department shall report to the Minister the results of self-inspection. The report must clearly state the content contrary to the law in the document, the legal basis for determining it, the opinions of the drafting unit, the opinions of related units, and the Legal Affairs Department's proposed viewpoint on the necessity of suspending the implementation of the document and handling measures.

8.3. The Minister shall examine and decide on the handling of the document. In cases where additional time is needed for examination before deciding on handling, the Minister shall decide on suspending the implementation of the document.

8.4. The handling of joint documents containing content contrary to the law, which were issued by predecessor Ministries and the Ministry of Industry and Trade, shall be carried out in accordance with the guidance provided in point 7.2 of this Section.

9. Time limit for self-inspection and handling of documents suspected of being contrary to the law

The time limit for self-inspection and handling of documents suspected of being contrary to the law, as notified by the competent state agency for inspection or recommended by agencies, organizations, or individuals, shall not exceed thirty (30) working days from the date the Ministry of Industry and Trade receives the notification, including the following specific deadlines:

9.1. Not later than two (02) working days from the date of receipt of the notification from the competent inspection agency, recommendation from agencies, organizations, or individuals, the Office of the Ministry or the receiving unit shall notify and transfer relevant documents to the Department of Legal Affairs.

9.2. Not later than two (02) working days from the date of receipt of the notification and relevant documents, the Department of Legal Affairs shall notify the drafting unit to organize self-inspection.

9.3. Not later than seven (07) working days from the date of receipt of the notification and relevant documents, the drafting unit shall complete the self-inspection and coordinate the inspection of the document suspected of being contrary to the law.

9.4. Not later than ten (10) working days from the date of receipt of the notification and relevant documents, the Department of Legal Affairs shall complete the self-inspection and coordinate the inspection of the document suspected of being contrary to the law, finalize the dossier to report to the Minister.

9.5. Not later than eight (08) working days from the date of receipt of the report from the Head of the Department of Legal Affairs, the Minister shall consider and decide on the handling of the document containing content contrary to the law in accordance with the guidance provided in Clause 8 of this Section.

10. Notification of the results of handling documents

10.1. The notification of the results of handling documents contrary to the law shall be carried out as follows:

a) The decision on handling normative legal documents containing content contrary to the law must be sent for publication in the Official Gazette;

b) In cases where the document is inspected and handled according to the notification of the competent state agency for inspection or recommendation from agencies, organizations, or individuals, the decision on handling must also be sent to those agencies, organizations, or individuals;

c) The Office of the Ministry shall be responsible for sending the decision on handling for publication in the Official Gazette, notifying the results of handling in accordance with the guidance provided in this clause, and simultaneously publicly announcing the results of handling at the nearest meeting of the Ministry's leadership, briefing sessions of the heads of units under the Ministry.

10.2. For documents that have been inspected according to the notification of the competent state agency for inspection, and the self-inspection results show that the document was issued in compliance with the law, after reporting and obtaining the Minister's approval, the Department of Legal Affairs shall cooperate with the drafting unit to prepare a notification of the inspection results for signature by the Ministry's leadership responsible for legal affairs and send it to the competent state agency for inspection of the document.

III. INSPECTION OF NORMATIVE LEGAL DOCUMENTS WITHIN THE SCOPE OF AUTHORITY

1. Inspection methods within authority

The inspection of normative legal documents within the authority of the Ministry of Industry and Trade shall be conducted through the following methods:

1.1. Organizing inspections upon receipt of documents as specified in point 2.2, Clause 2, Section I of this Circular, issued by competent authorities and sent to the Ministry of Industry and Trade.

1.2. Organizing specialized, regional, or sectoral inspection teams.

1.3. Organizing timely inspections when:

a) Economic and social conditions have changed, or when higher-level state agencies issue new documents making the content of previously issued documents no longer appropriate;

b) Receiving requests, recommendations, or notifications from agencies, organizations, or individuals regarding documents suspected of being contrary to the law.

2. Organization, coordination of inspections, and inspection procedures

2.1. Upon receiving documents for inspection, the Department of Legal Affairs shall organize the inspection or notify relevant units within the Ministry to coordinate in organizing the inspection of the document's content. Units receiving the notification shall be responsible for appointing representatives to conduct the inspection together with the Department of Legal Affairs.

2.2. The procedure for self-inspection, reporting inspection results, and proposing measures for handling shall be carried out in accordance with the guidance provided in Section II of this Circular.

2.3. Procedures for inspecting and handling documents containing classified information shall be implemented in accordance with Article 23 of Decree No. 135/2003/NĐ-CP and the guidance provided in point 9, Section III, Circular No. 01/2004/TT-BTP.

2.4. In cases where documents containing content contrary to the law, beyond authority, or no longer appropriate are discovered, the Department of Legal Affairs shall report and recommend the Minister to sign a notification to the issuing agency or person to self-inspect and handle the document in accordance with the law.

3. Handling of inspection results

Within thirty (30) days from the date of receipt of the notification, if the issuing agency or person suspected of issuing a document contrary to the law does not handle it or the handling result is not accepted by the Ministry of Industry and Trade, the Department of Legal Affairs shall advise the Minister on the handling of the document contrary to the law in accordance with Clause 1, Article 16 of Decree No. 135/2003/NĐ-CP of the Government.

3.1. Sending a document requesting the Minister or the head of an equivalent ministry that has issued a document contrary to the regulations on the management of the industry and trade sector to suspend the implementation, revoke partially or entirely the document within fifteen (15) days; if the request is not accepted, not processed within the aforementioned period, or processed inappropriately, the Minister of Industry and Trade shall report to the Prime Minister for a decision.

3.2. Sending a document requesting the Prime Minister to suspend the implementation of the Resolution of the People's Council of the province contrary to the document issued by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, or the Ministry of Industry and Trade concerning the management of the industry and trade sector.

3.3. Issue a decision to suspend the implementation and recommend the Prime Minister to revoke decisions, directives of provincial People's Committees that contravene documents issued by the Ministry of Industry and Trade regarding the Ministry’s areas of state management; In case the provincial People's Committee does not agree with the decision to suspend implementation, they must still comply with the decision of the Ministry of Industry and Trade but have the right to recommend to the Prime Minister.

4. Notify the results of handling

After receiving the results of handling from the competent authority issuing the document, the Office of the Ministry shall be responsible for sending the results of handling to the agencies, organizations, and individuals who made the recommendation. If the document has been published in the Official Gazette, the decision on handling must also be sent for publication in the Official Gazette.

5. Organize specialized inspection teams, regional inspection teams.

5.1. Based on requirements and annual plans for document inspection activities, the Legal Department shall submit to the Ministry's leadership for signing a decision to establish specialized inspection teams, regional inspection teams.

5.2. The inspection team shall work directly with agencies, units, localities to carry out document inspections related to the Ministry of Industry and Trade’s areas of state management according to specialized topics and regions.

5.3. Inspection procedures and formalities:

a) The team shall be responsible for sending a document notifying the plan, schedule, and necessary requirements for inspection to the agency, unit, locality (collectively referred to as the unit) whose document is being inspected at least five (05) working days before conducting the inspection;

b) The inspection procedure shall be carried out as follows:

- The unit whose document is being inspected shall collect all relevant documents within the scope of inspection and send them to the Ministry of Industry and Trade for inspection;

- The head of the inspection team shall organize the inspection of documents according to the guidance provided in this Circular;

- The inspection team shall work directly with the unit whose document is being inspected to exchange information and notify the results of the inspection;

- For complex documents or a large number of documents, the inspection team shall coordinate with the unit whose document is being inspected to agree on the inspection time and deadline for notifying the results of the inspection. The head of the inspection team shall organize the inspection of documents according to the guidance provided in this Circular and send a written notification of the inspection results to the unit whose document is being inspected after completing the inspection.

- In cases where the document has not been sent to the Ministry of Industry and Trade for inspection beforehand, the inspection team shall conduct direct work with the unit whose document is being inspected according to the plan, exchange information, receive documents for inspection, agree on the inspection time and deadline for notifying the results of the inspection. The head of the inspection team shall organize the inspection of documents according to the guidance provided in this Circular and send a written notification of the inspection results to the unit whose document is being inspected after completing the inspection.

5.4. Handling of inspection results shall be carried out according to this Circular.

IV. REVIEW AND SYSTEMATIZE INDUSTRY AND TRADE LEGAL REGULATORY DOCUMENTS

1. Time for review and systematization

Review and systematization shall be conducted at the following times:

a) Review activities shall be conducted regularly.

b) Systematization activities according to specialized topics and fields shall be conducted annually.

c) Systematization of all regulatory legal documents related to the Ministry of Industry and Trade’s areas of management shall be conducted every three (03) years.

2. Content of review and systematization

The content of review and systematization involves examining the constitutionality, legality, consistency, and synchronization of legal regulatory documents concerning industry and trade, focusing on the following criteria:

a) Format and presentation techniques of the document;

b) Authority and legal basis for issuing the document;

c) The compatibility of the document's content with other related legal provisions and the country's economic and social conditions.

3. Arrangement of the content of the review and systematization document list

The list of reviewed and systematized documents shall be arranged in the following order:

a) Name of the document;

b) Number and code of the document;

c) Date of issuance of the document;

d) Issuing authority of the document;

đ) Summary of the document;

e) Validity of the document.

4. Classification of reviewed and systematized documents

According to the purpose and requirements of the review and systematization work, documents shall be classified according to one or a combination of the following forms:

a) By issuing authority;

b) By content group of the document;

c) By chronological order of issuance;

d) By document form.

5. Basis for conducting reviews

Document reviews shall be conducted based on the following grounds:

a) When drafting and issuing new legal regulatory documents;

b) Upon request or recommendation from agencies, units, organizations, or individuals;

c) When a new document is issued affecting the document to be reviewed;

d) Changes in economic and social conditions impacting the Ministry of Industry and Trade’s areas of state management.

6. Forms of systematization

Systematization shall be conducted in the following forms:

a) Periodic systematization;

b) Systematization by specialized topics and fields;

c) Systematization when drafting and issuing new legal regulatory documents.

7. Review process

Document review shall be conducted according to the following process:

a) Determine the scope of the review area;

b) Collect documents for review and documents serving as comparison bases;

c) Study and evaluate documents based on the review content guidelines set forth in Clause 2, Section IV of this Circular;

d) Handle review results

8. Systematization process

Document systematization shall be conducted according to the following process:

a) Develop a systematization plan;

b) Gather and classify the systematization document list;

c) Conduct research and evaluation of documents according to each field classified, similar to the review activity;

d) Compile results and prepare an evaluation report;

đ) Announce systematization results.

9. Responsibilities of departments and units under the Ministry

9.1. Annually, Departments, Bureaus, the Ministry's Office, the Inspectorate, and other units and agencies under the Ministry shall be responsible for systematizing documents within their respective areas of responsibility and consolidating the results to send to the Legal Department no later than January 30 of the following year for the Legal Department to consolidate and report to the Ministry's leadership.

9.2. The results of systematization conducted by Departments, Bureaus, the Ministry's Office, the Inspectorate, and other agencies and units under the Ministry include:

a) List of valid documents within the area of responsibility;

b) List of expired documents within the area of responsibility;

c) A list of documents that show signs of violating laws, are no longer suitable for the country's economic and social conditions, and the development of the industry, which need to be amended or supplemented, along with the content of the document (if available);

d) A list of areas requiring new documents to regulate;

đ) Report evaluating the results of systematizing according to the guidance in Appendix 3 issued together with this Circular;

9.3. Departments, Bureaus, Ministry’s Office, Inspectorate, units, other agencies under the Ministry shall regularly review related documents within their respective fields of responsibility;

10. Responsibilities of the Legal Department;

10.1. Serve as the focal point for organizing the systematization of documents related to the management of the Ministry of Industry and Trade;

10.2. Based on the results of systematization from Departments, Bureaus, Ministry’s Office, Inspectorate, units, and other agencies under the Ministry, the Legal Department shall be responsible for:

a) Compiling a list of valid documents, expired documents, abolished documents, revoked documents, or replaced by other documents;

b) Submitting to the Ministry’s leadership for signing and issuing a list of documents issued by the Ministry of Industry and Trade that have expired, been abolished, revoked, or replaced by other documents. This list must be published in the Official Gazette;

c) Compiling a list of valid documents containing provisions that need to be amended or supplemented, or abolished, and a list of areas requiring new documents to regulate according to the provisions in the documents of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, or practical requirements of state management activities in industry and trade, proposing relevant units to draft amendments or supplements, or submitting new documents to replace them to the Minister for issuance;

d) Printing and distributing annually a compilation of legal regulations on industry and trade based on the results of systematizing documents in the first quarter of the following year;

10.3. Cooperating with Departments, Bureaus, Ministry’s Office, Inspectorate, units, and other agencies under the Ministry to propose measures to handle the results of reviewing documents for submission to the Minister for decision;

V. IMPLEMENTATION

1. Funding to ensure the work of inspecting, reviewing, systematizing, and handling legal regulatory documents;

a) The Finance Department allocates funding for self-inspection and inspection of documents based on the proposal of the Legal Department for approval by the Ministry’s leadership;

The Legal Department is responsible for managing and using the annual allocated funding in accordance with the provisions of the law;

b) The International Cooperation Department and the Cadre and Civil Servant Organization Department are responsible for coordinating with the Legal Department in international cooperation activities related to the inspection, review, and handling of legal regulatory documents in the industry and trade sector;

2. Rewards, penalties for violations, complaints, denunciations, and resolution of complaints and denunciations in the work of inspecting, reviewing, systematizing, and handling legal regulatory documents;

a) Agencies, units, civil servants, and cooperators under the Ministry who have achievements in the work of inspecting and handling documents as stipulated in Article 29 of Decree No. 135/2003/ND-CP shall be rewarded in accordance with the law;

b) Agencies, organizations, and individuals who violate the law in the work of inspecting and handling documents as stipulated in Article 30 of Decree No. 135/2003/ND-CP shall be subject to legal penalties depending on the nature and degree of violation;

c) Complaints, denunciations, and the authority and procedures for resolving complaints and denunciations in the work of inspecting and handling documents of the Ministry of Industry and Trade shall be carried out in accordance with the provisions of Article 31 of Decree No. 135/2003/ND-CP;

3. Reporting system and implementation organization;

3.1. Semi-annually and annually, the Director of the Ministry’s Office, the Director of the Inspectorate, Department Heads, Bureau Chiefs, and Heads of other agencies under the Ministry shall be responsible for reporting on the work of self-inspection, review, systematization, and handling of documents of their units to the Legal Department no later than June 15 for semi-annual reports and December 15 for annual reports;

3.2. The Legal Department shall be responsible for:

a) Taking the lead in compiling the results of inspections, reviews, systematizations, and handling of documents to report to the Minister; at the same time, preparing semi-annual and annual reports on the work of inspecting, reviewing, systematizing, and handling legal regulatory documents to competent authorities;

b) Taking the lead in assisting the Minister in organizing and supervising the implementation of this Circular;

This Circular takes effect 45 days from the date of signature and replaces Decision No. 21/2007/QĐ-BCN dated May 23, 2007, of the Minister of Industry promulgating the Inspection and Handling Regulations of Legal Regulatory Documents of the Ministry of Industry./.