This Circular stipulates the review, systematization, codification, inspection, and handling of normative legal documents; monitoring the implementation of laws under the responsibility of the Government Inspectorate. It applies to departments, bureaus, units under the Government Inspectorate and related organizations and individuals. The core point is the review and systematization of normative legal documents; self-inspection and handling of unlawful normative legal documents; monitoring the implementation of laws.
Đối tượng áp dụng
Departments, bureaus, units under the Government Inspectorate and related organizations and individuals concerning the review, systematization, codification, inspection, and handling of normative legal documents; monitoring the implementation of laws.
Các điểm cốt lõi
- The Government Inspectorate is responsible for reviewing, systematizing, codifying, inspecting, and handling normative legal documents and monitoring the implementation of laws.
- Units under the Government Inspectorate shall carry out the review and systematization of normative legal documents; self-inspection and handling of unlawful normative legal documents.
- The Legal Affairs Department is responsible for organizing and managing the database serving the work of reviewing, systematizing, codifying, inspecting, and handling normative legal documents.
- Inspecting and handling unlawful normative legal documents according to the authority of the Chief Inspector General and units under the Government Inspectorate.
- Monitoring the implementation of laws in the fields of inspection, receiving citizens, resolving complaints and denunciations, and preventing and combating corruption.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening the effectiveness of state management through the review, systematization of normative legal documents; monitoring the implementation of laws.
- Negative impact: May impose a burden on time and resources for units under the Government Inspectorate during the implementation of tasks.
❓ Câu hỏi thường gặp
Who is responsible for the work of reviewing and systematizing normative legal documents?
The Legal Affairs Department is responsible for organizing and managing the work of reviewing and systematizing normative legal documents.
What is the deadline for submitting review documents of normative legal documents?
Normative legal documents must be submitted to the Government Inspectorate within three working days from the date of issuance.
Which entities are responsible for self-inspection and handling of unlawful normative legal documents?
Heads of units under the Government Inspectorate and the Legal Affairs Department have the responsibility to organize, inspect, or cooperate with each other to conduct self-inspection and handling of unlawful normative legal documents.
When must the decision on handling unlawful normative legal documents be sent for publication in the Official Gazette?
The decision on handling unlawful normative legal documents must be sent for publication in the Official Gazette within three working days from the date of signing.
Who carries out the work of monitoring the implementation of laws?
The Legal Affairs Department and units under the Government Inspectorate are responsible for organizing the implementation of the work of monitoring the implementation of laws.
Toàn văn
|
GOVERNMENT INSPECTOR GENERAL |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 06/2015/TT-TTCP |
Hanoi, October 21, 2015 |
CIRCULAR
Regulations on reviewing, systematizing, codifying, inspecting, and handling normative legal documents; monitoring the implementation of laws under the responsibility of the Government Inspectorate
Monitoring the implementation of laws under the responsibility of the Government Inspectorate
The Government Inspectorate's responsibilities
Pursuant to Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspecting and handling normative legal documents;
Pursuant to Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;
Pursuant to Decree No. 16/2013/NĐ-CP dated February 6, 2013 of the Government on reviewing and systematizing normative legal documents;
Pursuant to Decree No. 63/2013/ND-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codifying the System of Legal Norms;
Pursuant to Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Government Inspectorate;
At the request of the Director of the Legal Department,
The General Inspector of the Government issues this Circular on reviewing, systematizing, codifying, inspecting, and handling normative legal documents; monitoring the implementation of laws under the responsibility of the Government Inspectorate.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular regulates reviewing, systematizing, codifying, inspecting, and handling normative legal documents; monitoring the implementation of laws under the responsibility of the Government Inspectorate.
Article 2. Matters related to reviewing, systematizing, codifying, inspecting, and handling normative legal documents; monitoring the implementation of laws under the responsibility of the Government Inspectorate that involve state secrets shall be implemented in accordance with the provisions of the Law on Safeguarding State Secrets.
Article 2. Applicability
This Circular applies to departments, bureaus, units under the Government Inspectorate assisting the General Inspector in performing state management functions as stipulated from Clause 1 to Clause 19, Article 3 of Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Government Inspectorate (hereinafter referred to as units); organizations and individuals related to reviewing, systematizing, codifying, inspecting, and handling normative legal documents; monitoring the implementation of laws within the scope of responsibility of the Government Inspectorate.
Article 3. Sending and receiving normative legal documents for inspection
Normative legal documents specified in Article 13; Clause 1 and Clause 2, Article 21 of this Circular must be sent to the Government Inspectorate (through the Legal Affairs Department) for inspection within three working days from the date of issuance, by the main drafting unit (for documents within the authority of the Government Inspectorate) or the issuing agency (for documents within the authority of ministries, ministerial-level agencies, People's Councils, and provincial People's Committees).
Article 4. Reviewers for reviewing, systematizing, codifying, inspecting normative legal documents
1. Reviewers for reviewing, systematizing, codifying, inspecting normative legal documents must meet the following criteria:
a) Possess legal knowledge and understanding of one or more areas such as inspection, public reception, complaint resolution, and anti-corruption;
b) Have experience in building and inspecting, reviewing, systematizing, and codifying normative legal documents;
c) Have at least three years of work experience in the relevant field.
2. Based on the requirements of reviewing, systematizing, codifying, and inspecting normative legal documents, reviewers may be selected from units under the Government Inspectorate or other agencies and organizations. The Legal Affairs Department will compile a list of reviewers based on proposals from units under the Government Inspectorate and related agencies and organizations, to be submitted to the General Inspector of the Government for decision.
Article 5. Database for review, systematization, codification, and inspection of regulatory legal documents; monitoring the implementation of laws
The Legal Affairs Department shall be responsible for building, managing, and regularly updating the database serving as the legal basis for reviewing, systematizing, codifying, inspecting, and handling regulatory legal documents; monitoring the implementation of laws in the fields of inspection, receiving citizens, resolving complaints and denunciations, and preventing and combating corruption.
Chapter II
REVIEW, SYSTEMATIZATION, CODIFICATION
CONSOLIDATED LEGAL DOCUMENT
Section 1
REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS
Article 6. Regulatory legal documents within the scope of review and systematization by the Government Inspectorate
Regulatory legal documents within the scope of review and systematization by the Government Inspectorate include those with content regulating the fields of inspection, receiving citizens, resolving complaints and denunciations, and preventing and combating corruption, including:
1. Laws, Resolutions of the National Assembly;
2. Ordinances, Resolutions of the Standing Committee of the National Assembly; joint Resolutions between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front;
3. Decrees of the President;
4. Decrees of the Government;
5. Decisions of the Prime Minister;
6. Circulars, Joint Circulars of the Chief Inspector General;
7. Circulars, Joint Circulars of Ministers and Heads of ministerial-level agencies related to the fields of inspection, receiving citizens, resolving complaints and denunciations, and preventing and combating corruption;
8. Joint Resolutions between the Government and the Central Steering Committee of the Vietnam Fatherland Front;
9. Other regulatory legal documents (except the Constitution) related to the fields of inspection, receiving citizens, resolving complaints and denunciations, and preventing and combating corruption issued by competent authorities.
Article 7. Responsibilities for reviewing and systematizing regulatory legal documents of units under the Government Inspectorate
1. The Director of the Legal Affairs Department shall be responsible for:
a) Organizing the review and systematization of regulatory legal documents related to the areas of state management under the Government Inspectorate; coordinating with units under the Government Inspectorate to propose measures to handle the results of the review; compiling the overall results of the review and systematization of the Government Inspectorate;
b) Providing guidance on procedures, urging, and inspecting the activities of review and systematization of units under the Government Inspectorate;
c) Submitting to the Chief Inspector General for decision on announcing:
The list of documents issued by the Government Inspectorate that have been fully or partially invalidated according to Article 20 of Decree No. 16/2013/ND-CP dated February 6, 2013 of the Government on reviewing and systematizing regulatory legal documents (hereinafter referred to as Decree No. 16/2013/ND-CP);
The results of systematizing regulatory legal documents carried out according to Clause 5 of Article 25 of Decree No. 16/2013/ND-CP.
2. Heads of units under the Government Inspectorate shall be responsible for:
a) Implementing the review and systematization of regulatory legal documents in their assigned fields; submitting review files for comments from the Legal Affairs Department according to Article 8 of Circular No. 09/2013/TT-BTP dated June 15, 2013 of the Minister of Justice detailing the implementation of Decree No. 16/2013/ND-CP (hereinafter referred to as Circular No. 09/2013/TT-BTP); compiling the results and reporting back to the Government Inspectorate (through the Legal Affairs Department) within the time limit specified in Clause 1 of Article 34 of this Circular;
In cases where the review and systematization of regulatory legal documents are organized to serve the drafting of regulatory legal documents or to fulfill urgent tasks as required by the Chief Inspector General or competent units, the review and systematization of regulatory legal documents must be promptly conducted and reported according to the approved tasks or plans;
b) Taking the lead and coordinating with the Legal Affairs Department to propose measures to handle the results of the review; drafting documents to suspend enforcement, abolish, replace, amend, supplement, or issue new documents based on the results of the review of regulatory legal documents in their assigned fields, which have been approved by the Chief Inspector General.
Article 8. Procedures and formalities for reviewing regulatory legal documents
The procedures and formalities for reviewing regulatory legal documents concerning inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption are stipulated in Articles 5, 6, 7, 8, and 9 of Circular No. 09/2013/TT-BTP.
Article 9. Procedures and formalities for systematizing regulatory legal documents
The procedures and formalities for systematizing regulatory legal documents shall be carried out in accordance with Article 25 of Decree No. 16/2013/NĐ-CP and Article 18 of Circular No. 09/2013/TT-BTP.
PART II
LEGISLATIVE CODIFICATION
CONSOLIDATED LEGAL DOCUMENT
Article 10. Regulatory legal documents within the codification authority of the Government Inspectorate
1. Conduct codification for legal provisions in regulatory legal documents issued or primarily drafted by the Government Inspectorate;
2. Codify legal provisions adjusted by agencies, organizations, or National Assembly representatives concerning inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption.
Article 11. Responsibilities for codifying regulatory legal documents of units under the Government Inspectorate
1. The Director of the Legal Affairs Department shall be responsible for:
a) Assist the Chief Inspector General in drafting the Proposal to establish the subject headings;
b) Take the lead and coordinate with relevant units to draft and submit to the Chief Inspector General for issuance the general plan to implement codification and assign units to carry out; monitor, urge, and inspect the implementation of the plan;
c) Organize the inspection of the results of codification by the Government Inspectorate;
d) Take the lead and coordinate with relevant units under the Government Inspectorate to sign contracts and manage the team of cooperating staff to implement codification.
2. Heads of units under the Government Inspectorate shall be responsible for:
a) Appoint civil servants to cooperate with the Legal Department to conduct codification of regulatory legal documents within the assigned field of responsibility;
b) Coordinate with the Legal Department in cases where conflicting, overlapping, or outdated legal provisions are discovered in documents drafted and submitted for issuance by their own agency or in joint regulatory legal documents primarily drafted by their own agency before arranging legal provisions into subject headings, in accordance with the laws on issuing regulatory legal documents.
Article 12. Content, procedures, and formalities for codification
The content, procedures, and formalities for codifying regulatory legal documents concerning inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption shall be implemented in accordance with Circular No. 13/2014/TT-BTP of the Ministry of Justice dated April 29, 2014, guiding the implementation of codification of the legal provision system.
Chapter III
INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS
Section 1
SELF-CHECKING OF REGULATORY LEGAL DOCUMENTS,
HANDLING VIOLATING LEGAL DOCUMENTS
Article 13. Types of regulatory legal documents within the self-checking authority of the Government Inspectorate
Regulatory legal documents issued by the Chief Inspector General in the form of Circulars or Joint Circulars with the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy.
Article 14. Responsibilities for self-checking and handling violating legal documents
1. The Director of the Legal Affairs Department shall be responsible for:
a) Serve as the focal point and assist the Chief Inspector General in organizing self-checking of regulatory legal documents within the self-checking authority of the Chief Inspector General as stipulated in Article 13 of this Circular;
b) Organize self-checking of documents primarily drafted by the Legal Department and propose forms of handling for documents containing content contrary to the law;
c) Send notifications requesting the drafting unit under the Government Inspectorate or recommending the Chief Inspector General to notify the issuing agency of documents suspected of being contrary to the law to organize self-checking of such documents;
d) Participate in handling and explaining; monitor the results of self-checking and handling of documents containing content contrary to the law by the drafting unit under the Government Inspectorate;
In cases where the issuing unit has not conducted self-checking and handling or the handling results do not meet the requirements of the Chief Inspector General, the Director of the Legal Department shall be responsible for advising the Chief Inspector General on measures to handle the document containing content contrary to the law within their authority.
2. Heads of units under the Government Inspectorate shall be responsible for:
a) Organize self-checking or coordinate with the Legal Department to conduct self-checking of documents primarily drafted by their own unit as stipulated in Article 13 of this Circular;
b) Coordinate with the Legal Department to propose handling of documents suspected of being contrary to the law primarily drafted by their own unit and draft the content of documents to amend, supplement, or replace documents suspected of being contrary to the law;
c) Summarize and report the results of self-checking in accordance with Clause 1 of Article 33 of this Circular.
Article 15. Procedure for self-inspection by the Legal Department
1. Within three working days from the date of issuance of a document drafted under the leadership of the Legal Department or from the date the Legal Department receives a document for inspection, the Director of the Legal Department shall be responsible for organizing the self-inspection of the document.
2. For documents found to have signs of violation of the law during inspection, the inspector shall establish a file on the document containing illegal content. The file includes:
a) Legal basis for inspection;
b) Document inspection form according to Form No. 01/BTP/KTrVB issued together with Circular No. 20/2010/TT-BTP dated November 30, 2010 of the Ministry of Justice detailing the implementation of certain provisions of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspection and handling of regulatory legal documents (hereinafter referred to collectively as Circular No. 20/2010/TT-BTP);
c) The inspected document;
d) Report on the results of self-inspection of regulatory legal documents. The content of the report on the results of self-inspection shall be carried out in accordance with Clause 2, Article 12 of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspection and handling of regulatory legal documents (hereinafter referred to collectively as Decree No. 40/2010/NĐ-CP);
đ) Documents serving as legal basis to determine the content that violates the law;
e) Draft document to handle the document containing illegal content;
g) Draft document to supplement, amend, or replace (if any);
h) Other relevant documents related to the handling of the document.
3. Based on the results of self-inspection, the Director of the Legal Department shall sign the report on the results of self-inspection and propose a handling method (for documents drafted under the leadership of the Legal Department) or notify the drafting unit under the Government Inspectorate about the illegal content of the document to proceed with self-inspection and propose a handling method.
4. During the process of self-inspection of documents by the Legal Department, the drafting unit shall be responsible for providing files, documents, and explaining issues related to the content of the inspected document at the request of the Legal Department within five working days from the date of receipt of the request document.
Article 16. Procedure for self-inspection by the drafting unit of documents under the Government Inspectorate
1. Within three working days from the date of signing and issuing the document or from the date of receipt of the notification from the Legal Department as stipulated in Clause 3, Article 15 of this Circular, the Head of the drafting unit shall organize the self-inspection. Depending on the requirements of the inspected document, the Head of the self-inspection unit may decide to invite collaborating inspectors to participate in the inspection.
2. The person assigned to inspect the document shall be responsible for studying, inspecting the document and the process of drafting and issuing the document to examine, evaluate, and conclude on the legality of the inspected document.
3. For joint circulars, the scope of inspection focuses on contents within the domain of state management of the Government Inspectorate. In necessary cases, the self-inspection unit shall coordinate with specialized agencies that jointly drafted the document to inspect the entire content and the process of drafting and issuing the document.
4. When signs of violation of the law are discovered in the document, the person assigned to inspect the document shall be responsible for establishing a file on the document with signs of violation of the law in accordance with Clause 2, Article 17 of this Circular to submit to the Head of the self-inspection unit.
5. Upon receiving the inspection file, the Head of the self-inspection unit shall review, sign the report on the results of self-inspection. If necessary, discussions may be organized within the unit or with related units before signing the report on the results of self-inspection.
6. The self-inspection unit shall report to the Chief Inspector of the Government Inspectorate in writing, and simultaneously transfer all files on the results of self-inspection of documents with signs of violation of the law to the Legal Department.
Article 17. Procedures for coordinating self-inspection of documents suspected of violating the law
1. For documents suspected of violating the law as reported by competent authorities or as requested by the Government Inspectorate to conduct self-inspection, the Head of the Legal Affairs Department shall organize self-inspection or notify the Head of the drafting unit under the Government Inspectorate to carry out self-inspection. The procedures and formalities for conducting self-inspection shall be carried out in accordance with Articles 15 and 16 of this Circular.
2. For documents suspected of violating the law that are organized for self-inspection by the Head of the drafting unit, the Head of the drafting unit shall be responsible for coordinating with the Legal Affairs Department to clarify the contents suspected of violating the law, measures for handling, and preparing the handling document.
In case the Legal Affairs Department and the drafting unit do not 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 Chief Inspector General in accordance with Clause 2 of Article 18 of this Circular.
3. For documents containing illegal content where the proposed handling measure is to amend part or all of the content of the document, within fifteen working days, the drafting unit must draft the amendment or replacement document. In cases where the document contains complex content requiring additional time for research to draft the amendment, the drafting unit must submit a document detailing the reasons and determining the deadline for submission of the document, while proposing to suspend the implementation of part or all of the document containing illegal content.
Article 18. Reporting to the Chief Inspector General on the results of self-inspection of regulatory documents containing illegal content
1. After reaching a consensus with the Legal Affairs Department, the Head of the drafting unit of regulatory documents under the Government Inspectorate shall be responsible for reporting in writing to the Chief Inspector General on the results of self-inspection along with the file on regulatory documents containing illegal content. After receiving the opinion of the Chief Inspector General, the Legal Affairs Department shall draft the Decision on Handling Illegal Documents for the Chief Inspector General to sign and issue.
2. In cases where units have not reached a consensus on the illegal content of the document or on the handling measures, the Legal Affairs Department shall be responsible for reporting in writing to the Chief Inspector General, clearly stating the viewpoint of the Legal Affairs Department, the opinions of the drafting unit and other agencies (in cases of joint documents), and simultaneously proposing a resolution plan for the Chief Inspector General to consider and decide.
Article 19. Decision on Handling Regulatory Documents Containing Illegal Content
1. Based on the Report and file on documents containing illegal content as stipulated in Article 18 of this Circular, the Chief Inspector General shall examine and sign the Decision on Handling Illegal Documents.
2. Decisions on handling joint documents between the Chief Inspector General and the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy containing illegal content must be examined and jointly signed by the Chief Inspector General and the Heads of the aforementioned agencies.
Article 20. Notification of the Results of Handling Legal Documents
1. The notification of the results of handling illegal legal documents shall be carried out as follows:
a) The decision to handle legal documents containing content contrary to the law must be published in the Official Gazette; posted on the website of the Government Inspectorate within three working days from the date of signature;
b) In cases where the document is checked and handled upon request, recommendation, or notification of the competent authority for inspection or other agencies, organizations, or individuals, the decision to handle illegal legal documents must also be sent to those agencies, organizations, or individuals;
c) The Office of the Government Inspectorate is responsible for sending the Decision to Handle Illegal Legal Documents for publication in the Official Gazette.
2. For documents that are inspected based on the notification of the competent authority for inspection and the self-inspection results show that the document was issued in accordance with the law, the Department of Legal Affairs will coordinate with the drafting unit to prepare a notification of the inspection results to be submitted to the Chief Inspector General for forwarding to the competent authority for inspecting the document.
PART II
INSPECTION AND HANDLING
CONSOLIDATED LEGAL DOCUMENT WITHIN COMPETENCE
Article 21. Types of Documents Within the Competence of the Government Inspectorate for Inspection
1. Legal documents issued by Ministers of Ministries and Heads of Ministries equivalent to Ministries containing provisions related to the fields of inspection, receiving citizens, resolving complaints and petitions, and preventing and combating corruption;
2. Legal documents issued by People's Councils and People's Committees at provincial level containing provisions related to the fields of inspection, receiving citizens, resolving complaints and petitions, and preventing and combating corruption;
Article 22. Responsibilities for Inspecting and Handling Legal Documents Within Competence
1. The Director of the Legal Affairs Department shall be responsible for:
a) Serve as the focal point, assist the Chief Inspector General in organizing the inspection of legal documents within the competence of the Government Inspectorate as stipulated in Article 21 of this Circular;
b) Advise the Chief Inspector General to notify the issuing agency of documents showing signs of contravening legal provisions related to the fields of inspection, receiving citizens, resolving complaints and petitions, and preventing and combating corruption;
c) Participate in and propose measures to handle documents containing content contrary to the law issued by the relevant agency.
2. Heads of units under the Government Inspectorate shall be responsible for:
a) Organize or coordinate with the Department of Legal Affairs to organize inspections of legal documents within the competence of the Government Inspectorate related to the industry or field under their advisory management;
b) Coordinate with the Department of Legal Affairs to propose measures to handle documents containing content contrary to the law related to the industry or field under their advisory management;
c) Summarize and report the inspection results according to Clause 1 of Article 33 of this Circular.
Article 23. Procedures and Formalities for Inspection
The procedures and formalities for inspecting documents according to the competence of the Department of Legal Affairs and units under the Government Inspectorate shall be implemented in accordance with Article 9 of Circular No. 20/2010/TT-BTP.
Article 24. Organization of Specialized Inspection Teams, Regional Inspection Teams, or Industry-Specific Inspection Teams
1. Based on the Inspection Plan approved by the Chief Inspector General, the Department of Legal Affairs shall submit to the Chief Inspector General for signing the Decision to establish the Government Inspectorate Inspection Team or the Inter-Ministerial Inspection Team (hereinafter referred to collectively as the Inspection Team).
2. Procedures and formalities for the Inspection Team and the inspected agency or unit:
a) The Inspection Team sends a document notifying the inspection plan, content, and other necessary requirements to the inspected agency or unit at least five working days before conducting the inspection;
b) The inspected agency or unit compiles a list of documents and provides them to the Inspection Team for inspection as required by the Inspection Team, reporting in writing;
c) The Inspection Team conducts direct work with the inspected agency or unit;
d) Upon completion of the inspection period, the Inspection Team reports the inspection results to the Chief Inspector General and issues a written notification or an Inspection Report to the inspected agency or unit.
3. In cases where illegal content is discovered in a document, the inspection results shall be handled according to Article 25 of this Circular.
Article 25. Handling of unlawful regulatory legal documents
1. In cases where a regulatory legal document with content contrary to the law is discovered, the Head of the Legal Affairs Department shall report and propose the General Inspector of the Government to exercise the authority to handle the document according to the provisions of Clause 1, Article 17 of Decree No. 40/2010/NĐ-CP.
2. The procedure for handling regulatory legal documents contrary to the law shall be carried out in accordance with the provisions of Clause 1, Article 20 and Clause 1, Article 21 of Decree No. 40/2010/NĐ-CP.
Article 26. Notification of the results of handling
Within three working days from the date of receipt of the handling result of the competent agency or unit issuing the regulatory legal document, the Legal Affairs Department shall be responsible for sending the handling result to the agencies, organizations, and individuals who have proposed the handling of the document.
If the document has been published in the Official Gazette, the Decision on handling must also be sent for publication in the Official Gazette by the Office of the Government Inspectorate.
Chapter IV
MONITORING THE IMPLEMENTATION OF LAWS
Article 27. Content of monitoring the implementation of laws
The content of monitoring the implementation of laws in the field of inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption shall be implemented according to Articles 7, 8, 9, and 10 of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws (hereinafter referred to as Decree No. 59/2012/NĐ-CP).
Article 28. Responsibility for monitoring the implementation of laws
1. The Director of the Legal Affairs Department shall be responsible for:
a) To take the lead and coordinate with units under the Government Inspectorate to assist the General Inspector of the Government in organizing the implementation of monitoring the implementation of laws in the fields of inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption;
b) To assist the General Inspector of the Government in drafting and implementing programs to cooperate with Ministries, ministerial-level agencies, agencies under the Government, the Supreme People's Procuracy, the Supreme People's Court, the Vietnam Fatherland Front, and other related organizations in carrying out work to monitor the implementation of laws in the fields of inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption;
c) To act as the focal point for compiling and proposing measures to address the results of monitoring the implementation of laws by the Government Inspectorate in accordance with Article 14 of Decree No. 59/2012/NĐ-CP;
d) To assist the General Inspector of the Government in guiding, urging, and inspecting units under the Government Inspectorate in their implementation of work to monitor the implementation of laws.
2. Heads of units under the Government Inspectorate shall be responsible for:
a) To assist the General Inspector of the Government in organizing activities to monitor the implementation of laws in the assigned fields in accordance with Articles 11, 12, and 13 of Decree No. 59/2012/NĐ-CP;
b) To coordinate with the Legal Affairs Department to assist the General Inspector of the Government in drafting and implementing programs to cooperate with Ministries, ministerial-level agencies, agencies under the Government, the Supreme People's Procuracy, the Supreme People's Court, the Vietnam Fatherland Front, and other related organizations in carrying out work to monitor the implementation of laws in the fields of inspection, receiving citizens, handling complaints and denunciations, and preventing and combating corruption;
c) To coordinate with the Legal Affairs Department to propose measures to address the results of monitoring the implementation of laws in the assigned fields in accordance with Article 31 of this Circular;
d) To compile and report on the work of monitoring the implementation of laws in the assigned fields in accordance with Clause 1, Article 33 of this Circular.
Article 29. Collection of Information on the Implementation of Laws
1. The unit responsible for compiling information on the implementation of laws related to inspection, public reception, complaint resolution, denunciation handling, and anti-corruption shall collect information on the following contents:
a) The number, form, and name of detailed implementing regulations of normative legal documents; the number, form, and name of delayed issued documents and reasons for delay; the number of inconsistent, non-synchronized, and low-effectiveness documents;
b) The content, form of training and disseminating laws that have been implemented; the current status of organizational structure, human resources, financial conditions, and material infrastructure ensuring the implementation of laws;
c) The situation of guiding the application of laws, the situation of applying laws by state agencies and competent authorities;
d) The situation of handling violations of laws.
2. The unit responsible for collecting information on the implementation of laws related to inspection, public reception, complaint resolution, denunciation handling, and anti-corruption shall gather such information from mass media and from organizations and individuals providing information.
Organizations and individuals may directly provide information on the implementation of laws related to inspection, public reception, complaint resolution, denunciation handling, and anti-corruption, or through the website of the Government Inspectorate.
Information published on mass media and information provided by organizations and individuals must be verified and cross-checked before being used to assess the implementation of laws.
3. The collection of information on the implementation of laws related to inspection, public reception, complaint resolution, denunciation handling, and anti-corruption can be conducted through surveys, seminars, direct interviews, and other appropriate methods.
Article 30. Inspection of Law Implementation
1. The unit responsible for inspecting the implementation of laws related to inspection, public reception, complaint resolution, denunciation handling, and anti-corruption within the scope of responsibilities defined in Article 5 of Decree No. 59/2012/NĐ-CP shall promptly identify difficulties, obstacles, limitations in law enforcement, and deficiencies and inconsistencies in the legal system.
2. Agencies, organizations, and individuals subject to inspection shall be responsible for fulfilling the requirements of the inspecting agency as stipulated by law.
Article 31. Handling Results of Monitoring Law Implementation
The handling of results from monitoring the implementation of laws shall be carried out according to the provisions of Article 14 of Decree No. 59/2012/NĐ-CP.
Chapter VI
IMPLEMENTATION
Article 32. Development and Implementation of Plans for Inspections, Handling of Normative Legal Documents; Monitoring Law Implementation; Reviewing and Systematizing Normative Legal Documents
1. The Legal Affairs Department shall be responsible for:
a) Preparing and submitting to the Chief Inspector for issuance of the Government Inspectorate's plans periodically, annually, or by topic, region, or sector; leading and coordinating with units under the Government Inspectorate to implement these plans, including:
- Plan for inspections and handling of normative legal documents;
- Plan for monitoring the implementation of laws;
- Plan for reviewing normative legal documents;
- Plan for systematizing normative legal documents;
- Plan for codifying normative legal documents.
In the case of annual plan development, multiple plans may be combined; multiple plans with overlapping activities should not be developed.
b) Organizing mid-term and final reviews of plan implementation.
2. Units under the Government Inspectorate shall base their own plans on those specified in Clause 1 of this Article; coordinate with the Legal Affairs Department to organize and implement plans issued by the Government Inspectorate and their own units; organize mid-term and final reviews of plan implementation.
Article 33. Reporting System for Inspection, Handling of Normative Legal Documents; Monitoring Law Implementation; Reviewing and Systematizing Normative Legal Documents
1. Semi-annual and annual reports on the work of inspections, handling of normative legal documents; monitoring the implementation of laws; reviewing and systematizing normative legal documents from units under the Government Inspectorate shall be submitted to the Chief Inspector (through the Legal Affairs Department) (hereinafter referred to as semi-annual report, annual report).
2. Deadline for submission: Semi-annual report must be submitted no later than June 1st each year; Annual report must be submitted no later than October 5th each year.
3. The Legal Affairs Department shall lead the compilation and preparation of the Government Inspectorate's report on the work of inspections, handling of normative legal documents; monitoring the implementation of laws; reviewing and systematizing normative legal documents to be submitted to competent state agencies.
Article 34. Resources and conditions for ensuring the work of reviewing, systematizing, codifying, inspecting, handling normative legal documents; monitoring the enforcement of laws
1. The funds to ensure the work of reviewing, systematizing, codifying, inspecting, handling normative legal documents; monitoring the enforcement of laws shall be implemented in accordance with the provisions of the law.
2. The Department of Planning, Finance and Consolidation, the Office of the Government Inspectorate shall be responsible for allocating funds and means for the work of reviewing, systematizing, codifying, inspecting, handling normative legal documents; monitoring the enforcement of laws based on the proposals of the Legal Affairs Department and the implementing units, and submitting them for approval by the leadership of the Government Inspectorate.
3. The Department of Organization and Cadres, the heads of units under the Government Inspectorate shall be responsible for allocating staffing and coordinating with the Legal Affairs Department to provide professional training for civil servants engaged in inspection, monitoring, evaluation, review, and systematization of normative legal documents.
Article 35. Effective Date
1. This Circular takes effect from December 8, 2015.
2. This Circular replaces Decision No. 2014/2007/QĐ-TTCP issued by the General Inspector on September 26, 2007 regarding the regulations on inspecting and handling normative legal documents within the jurisdiction of the General Inspector.
3. During the implementation process, if there are any difficulties, agencies, units, organizations, and individuals shall promptly reflect them to the Government Inspectorate for research and supplementation or amendment./.
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GENERAL INSPECTOR |
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