Decree No. 135/2003/NĐ-CP On Inspection and Handling of Regulatory Legal Documents

DECREE OF THE GOVERNMENT

Regarding inspection and handling of regulatory legal documents

____________________

GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Legislative Regulatory Documents dated November 12, 1996 and Law No. 02/2002/QH11 dated December 16, 2002 amending and supplementing certain articles of the Law on Legislative Regulatory Documents;

Pursuant to the Law on Organization of People's Councils and People's Committees dated June 21, 1994;

At the proposal of the Minister of Justice,

DECREE:

PART I

General Provisions

Article 1. Scope and Applicability

This Decree stipulates the inspection and handling of regulatory legal documents (hereinafter referred to as documents) issued by ministers, heads of ministerial-level agencies, People's Councils at all levels, joint documents between ministries and ministerial-level agencies, and joint documents between ministries, ministerial-level agencies, and the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations.

Article 2. Purpose of inspecting documents

The inspection of documents is conducted to identify contents that violate the law in order to promptly suspend implementation, amend, revoke, or abolish the document, ensuring the constitutionality, legality, and consistency of the legal system, while recommending relevant authorities to determine the responsibility of those who have issued illegal documents.

Article 3. Content of inspecting documents

The content of inspecting documents involves reviewing, evaluating, and concluding on the legality of the document. A lawful document ensures the following conditions:

1. Issued based on appropriate legal grounds.

A document issued based on appropriate legal grounds is one that:

a) Has legal grounds for issuance;

b) Those legal grounds are in effect at the time of issuance;

c) The agency or head of the unit proposing the draft document has the authority to propose it according to the law;

d) Proposals for issuing the document are lawful;

2. Issued within the appropriate authority.

Authority to issue documents includes formal authority and substantive authority.

a) Formal authority under this Decree refers only to agencies and persons with the authority to issue documents as provided in Article 16, Clause 1, Clause 2, and Clause 4 of Article 18, and Article 19 of the Law on Enacting Regulatory Legal Documents amended and supplemented by Law No. 02/2002/QH11 dated December 16, 2002 amending and supplementing certain articles of the Law on Enacting Regulatory Legal Documents (hereinafter referred to as the Law on Enacting Regulatory Legal Documents).

b) Substantive authority under this Decree means that agencies and persons with the authority can only issue documents consistent with their permitted powers under the law or delegated and decentralized powers.

3. The content of the document is consistent with legal provisions.

Documents issued within authority must be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees and decisions of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister, and higher-level state agencies' documents. Documents issued by ministers and heads of ministerial-level agencies concerning the management of other ministries and ministerial-level agencies, government agencies must be consistent with documents issued by ministers and heads of ministerial-level agencies managing the respective fields and with documents issued by ministers and heads of ministerial-level agencies designated by the Prime Minister to sign and issue government agency documents (hereinafter referred to as ministers designated by the Prime Minister to sign and issue government agency documents). Decisions and directives of people's councils must also be consistent with resolutions of the same-level People's Councils. Specifically:

a) Consistent with the content and purpose of the law;

b) Consistent with fundamental principles regarding the organization and operation of the Socialist Republic of Vietnam's State and fundamental principles of Vietnamese law;

c) Consistent with international treaties to which the Socialist Republic of Vietnam is a party or member;

4. Issued in the correct format and presentation technique.

The format and presentation technique of the document as specified in Point a Clause 2 of this Article include: title (caption, national emblem); name of issuing agency; number and code (year of issuance between number and code); place name, date, month, year of issuance; type of document, summary; content; correct spelling, grammar, and legal style in Vietnamese; recipient; signature; stamp (including confidentiality level stamps, urgency level stamps, "meeting document" stamp, "must be retrieved after meeting" stamp), and presentation method.

The Minister, Head of the Government Office shall specify the format and presentation technique of the document.

5. Fully comply with all regulations on procedures for drafting, issuing, and publishing in the Official Gazette, disseminating news, or announcing the document.

Agencies and persons with the authority to issue documents must fully comply with the procedures for drafting, issuing, and publishing in the Official Gazette, disseminating news, or announcing the document as prescribed by the Law on Enacting Regulatory Legal Documents.

Article 4. Principles of Text Examination

1. The examination of texts must be carried out regularly and promptly by state officials with authority according to the provisions of the law, ensuring close coordination among relevant agencies in the examination process.

2. Agencies and individuals with authority to issue texts must organize self-examination of texts they have issued before functional agencies conduct examinations.

3. Agencies, organizations, and individuals who discover signs of illegality, contradictions, or overlaps in texts during implementation have the right to report to mass media agencies and request relevant agencies and individuals with authority to examine those texts.

4. It is strictly prohibited to exploit the examination process for personal gain, causing difficulties for the normal operation of agencies and individuals with authority to issue the examined texts.

Article 5. Principles of Handling Illegal Texts

1. Texts showing signs of illegality must be immediately reported by agencies and individuals with authority to examine texts to the agencies and individuals with authority to issue those texts for self-examination and handling.

2. The handling of illegal texts must be conducted objectively, comprehensively, promptly, and thoroughly by agencies and individuals with authority according to the provisions of the law.

3. Illegal texts must be suspended from enforcement immediately and must be revoked or annulled promptly.

4. Agencies and individuals with authority to handle texts must bear legal responsibility for their conclusions and decisions on handling; if the decision on handling is illegal, they must remedy the legal consequences caused by that decision.

5. It is strictly prohibited for agencies, organizations, and individuals to interfere in the process of handling illegal texts.

Article 6. Methods of Text Examination

The examination of texts is conducted through the following methods:

1. Self-examination by agencies and individuals with authority to issue texts;

2. Examination by agencies and individuals with authority to examine texts according to assigned tasks, including:

a) Examination of texts sent by agencies and individuals with authority to issue texts;

b) Organizing specialized inspection teams based on regions or sectors;

3. Examination upon receiving requests or suggestions from agencies, organizations, and individuals who discover signs of illegality in texts.

Article 7. Legal Basis for Determining the Content of Illegal Texts

1. The legal basis for determining the content of illegal texts being examined is higher-ranking texts in effect at the time of examination according to Chapter VIII "Legal Effect of Normative Legal Texts and Principles of Application of Normative Legal Texts" of the Law on Issuing Normative Legal Texts.

2. Agencies and individuals with authority to examine texts must regularly and promptly review and determine higher-ranking texts in effect at the time of examination to serve as legal basis for the examination work.

Article 8. Measures Against Agencies and Individuals with Authority to Issue Illegal Texts

Based on the illegal content and actual damage caused by illegal texts, agencies and individuals with authority to examine texts recommend:

1. Agencies and individuals with authority that have issued illegal texts must promptly apply measures to remedy the consequences caused by issuing and implementing those illegal texts;

2. Agencies and individuals with authority must determine the form and degree of handling against agencies and individuals with authority that have issued illegal texts.

Depending on the nature and degree of illegal texts, agencies and individuals with authority that have issued illegal texts, including illegal texts stipulated in Clause 1, Article 26 of this Decree, must bear disciplinary, civil, or criminal responsibility according to the law.

Article 9. Announcing the Results of Handling Illegal Legal Documents

1. Decisions made by agencies or persons with authority to handle illegal legal documents as stipulated in Articles 14, 15, and Article 16 of this Decree regarding the abolition, cancellation, or suspension of the implementation of illegal legal documents must be published in the Official Gazette or announced on central mass media.

2. Resolutions of People's Councils, decisions of Chairpersons of provincial People's Committees, and Chairpersons of district People's Committees regarding the cancellation, abolition, or suspension of the implementation of illegal legal documents as provided for in Article 17 of this Decree must be announced on local mass media.

Chapter II

The agency or person with authority to issue the document

shall conduct self-inspection of the document

Article 10. Responsibility for Self-Inspection of Documents

1. Ministers, Heads of ministerial-level agencies, People's Councils, and People's Committees at all levels must conduct self-inspection of documents issued by themselves; Ministers and Heads of ministerial-level agencies must conduct self-inspection of contents within their respective fields of state management in joint documents to identify provisions contrary to law, contradictions, overlaps, or provisions no longer suitable to current circumstances, and promptly suspend implementation, amend, supplement, replace, or abolish such documents.

2. The head of the legal department of a ministry or ministerial-level agency assists the Minister or Head of a ministerial-level agency in conducting self-inspection of documents issued by the Minister or Head of a ministerial-level agency or joint documents signed and issued by the Minister or Head of a ministerial-level agency together with other Ministers or Heads of agencies or heads of organizations.

The Chairman of the Legal Department of the People's Council, the Director of the Department of Justice, the Head of the Justice Office (in areas where there is a Justice Office), and the Head of the Justice Board at the commune level assist the People's Council and the People's Committee at the same level in conducting self-inspection of documents.

The Director of the Department for Inspection of Legal Normative Documents (hereinafter referred to as the Department for Inspection of Legal Documents) under the Ministry of Justice assists the Minister of Justice in conducting self-inspection of documents issued by the Minister of Justice.

The head of the legal department of an agency under the Government coordinates with the legal department of the ministry designated by the Prime Minister to sign and issue documents of the agency under the Government to conduct self-inspection of documents.

3. Relevant agencies and units must promptly provide necessary information, materials, and cooperate with the legal departments of ministries, ministerial-level agencies, agencies under the Government, the Legal Departments of People's Councils, Departments of Justice, Justice Offices, and Justice Boards at the commune level in conducting self-inspection of documents.

Article 11. Methods of Self-Inspection of Documents

Self-inspection of documents is carried out as follows:

1. Regularly organizing inspections of documents issued by oneself;

2. Promptly organizing reviews and inspections of documents issued by oneself when:

a) Economic and social conditions have changed or when a higher-level state agency has issued new documents making the contents of the documents already issued by oneself no longer appropriate;

b) Receiving requests, suggestions, notifications from agencies or persons with authority to inspect documents or from other agencies, organizations, individuals, and mass media about documents issued by oneself that appear to be contrary to law or no longer appropriate.

Chapter III

Authority and Procedures for Inspecting and Handling Documents

Section 1

Authority for Inspecting Documents

Article 12. Competence of the Prime Minister, Ministers, Heads of Ministries-Equivalent Agencies, and Heads of Government Agencies in Checking Legal Documents

1. The Prime Minister shall check legal documents issued by Ministers, Heads of Ministries-Equivalent Agencies, People's Councils, and provincial People's Committees, inter-ministerial joint documents between Ministries and Ministries-Equivalent Agencies, and inter-ministerial joint documents between Ministries and Ministries-Equivalent Agencies with the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations.

2. Ministers, Heads of Ministries-Equivalent Agencies, and Heads of Government Agencies shall check legal documents that contain provisions related to their respective fields of state administration issued by other Ministers, Heads of Ministries-Equivalent Agencies, People's Councils, and provincial People's Committees.

3. The Minister of Justice shall exercise the competence to check legal documents as prescribed in Clause 2 of this Article and assist the Prime Minister in checking:

a) Legal documents issued by Ministers and Heads of Ministries-Equivalent Agencies related to the fields of state administration of those Ministries and Ministries-Equivalent Agencies and Government Agencies;

b) Legal documents issued by Ministers and Heads of Ministries-Equivalent Agencies containing provisions related to multiple fields of state administration of Ministries and Ministries-Equivalent Agencies and Government Agencies;

c) Inter-ministerial joint documents;

d) Inter-ministerial joint documents with the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations;

e) Legal documents issued by People's Councils and provincial People's Committees related to multiple fields of state administration.

4. The Minister, Head of the Government Office, shall exercise the competence to check legal documents as prescribed in Clause 2 of this Article and assist the Prime Minister in checking:

a) Legal documents issued by the Minister of Justice regarding the fields of state administration of the Ministry of Justice;

b) Inter-ministerial joint documents between the Ministry of Justice and Ministries and Ministries-Equivalent Agencies;

c) Inter-ministerial joint documents between the Ministry of Justice, Ministries, and Ministries-Equivalent Agencies with the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations;

d) Other legal documents when assigned by the Government or the Prime Minister.

5. In case of disputes over the competence to check legal documents, the Minister of Justice shall report to the Prime Minister for decision.

The head of the legal department of Ministries, Ministries-Equivalent Agencies, and Government Agencies shall assist Ministers, Heads of Ministries-Equivalent Agencies, and Heads of Government Agencies in checking legal documents within the scope of the Ministers', Heads of Ministries-Equivalent Agencies', and Heads of Government Agencies' competence to check.

The Director of the Legal Document Inspection Department shall assist the Minister of Justice in checking legal documents within the scope of the Minister of Justice's competence to check.

Article 13. Competence of Chairpersons of Provincial People's Committees and District People's Committees in Checking Legal Documents

1. The Chairperson of a provincial People's Committee shall check legal documents issued by People's Councils and district People's Committees.

2. The Chairperson of a district People's Committee shall check legal documents issued by People's Councils and commune People's Committees.

The Director of the Department of Justice and the Head of the Justice Division shall assist the Chairperson of the same-level People's Committee in implementing the checking of legal documents as prescribed in Clauses 1 and 2 of this Article.

Section 2

Competence to Handle Illegal Legal Documents

Article 14. The Prime Minister's authority in handling illegal legal documents

1. Deciding to revoke or suspend the implementation of part or all of a document issued by a Minister, Head of a ministry-equivalent agency, or provincial People's Committee that contravenes the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister.

2. Deciding to revoke or suspend the implementation of part or all of a document issued by a Minister or Head of a ministry-equivalent agency that contravenes regulations on sectors or fields under the management of another Ministry or ministry-equivalent agency, or contravenes a document signed and issued by a Minister designated by the Prime Minister for an agency under the Government.

3. Deciding to revoke or suspend the implementation of part or all of an illegal inter-ministerial document between Ministries and ministry-equivalent agencies.

4. Suspending the implementation of provisions contrary to the law within the scope of management of Ministries, ministry-equivalent agencies, and agencies under the Government in inter-ministerial documents between Ministries and ministry-equivalent agencies with the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations, while requiring Ministers and Heads of ministry-equivalent agencies to negotiate with the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Heads of central agencies of political-social organizations who signed the inter-ministerial document to amend or revoke it together.

Within thirty days from the date of receipt of the request from the Prime Minister, if Ministers and Heads of ministry-equivalent agencies cannot reach an agreement with the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Heads of central agencies of political-social organizations who signed the inter-ministerial document, or if the Prime Minister does not agree with the outcome of the handling, the Prime Minister shall report to the Standing Committee of the National Assembly for consideration and decision.

5. Deciding to suspend the implementation of part or all of a resolution of the Provincial People's Council that contravenes the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister, and documents of Ministers and Heads of ministry-equivalent agencies, and at the same time requesting the Standing Committee of the National Assembly to revoke it.

6. Delegating to Ministers and Heads of ministry-equivalent agencies the handling of illegal documents within the Prime Minister's authority when deemed necessary.

7. Exercising other authorities in handling illegal documents according to the provisions of the law.

Article 15. The Minister of Justice's authority in handling illegal legal documents

1. Handling illegal documents issued by Ministers, Heads of ministry-equivalent agencies, People's Councils, and provincial People's Committees related to the sector or field under the management of the Ministry of Justice according to the authority prescribed in Clause 1 of Article 16 of this Decree.

2. Assisting the Prime Minister in handling illegal documents issued by Ministers, Heads of ministry-equivalent agencies, People's Councils, and provincial People's Committees:

a) Recommending Ministers and Heads of ministry-equivalent agencies to suspend the implementation or amend, supplement, or revoke illegal documents they have issued that relate to the sector or field under the management of their Ministry, ministry-equivalent agency, or agency under the Government;

b) Recommending Ministers and Heads of ministry-equivalent agencies to suspend the implementation or amend, supplement, or revoke illegal documents they have issued that relate to multiple sectors or fields under the management of their Ministry, ministry-equivalent agency, or agency under the Government;

Within fifteen days from the date of receipt of the recommendation specified in Points a and b of Clause 2 of this Article, if the recommendation is not accepted or the Minister of Justice does not agree with the outcome of the handling, the Minister of Justice shall report to the Prime Minister for handling according to the law;

c) Recommending the Prime Minister to suspend the implementation of illegal resolutions issued by Provincial People's Councils that relate to multiple sectors or fields under the management of Ministries, ministry-equivalent agencies, or agencies under the Government;

d) Suspending the implementation and recommending the Prime Minister to revoke illegal decisions or directives issued by Provincial People's Committees that relate to multiple sectors or fields under the management of Ministries, ministry-equivalent agencies, or agencies under the Government.

3. Handling illegal inter-ministerial documents between Ministries and ministry-equivalent agencies according to the provisions of Clause 1 of Article 24 of this Decree, and illegal inter-ministerial documents between Ministries and ministry-equivalent agencies and the Supreme People's Court, the Supreme People's Procuracy, and central agencies of political-social organizations according to the provisions of Clause 1 of Article 25 of this Decree.

4. Handling illegal documents when authorized by the Prime Minister and reporting to the Prime Minister about the results of the handling.

Article 16. Competence of the Minister and Head of an Agency Equivalent to a Ministry in Handling Unlawful Legal Instruments

1. The competence of the Minister and Head of an Agency Equivalent to a Ministry in handling unlawful legal instruments:

a) Propose the Minister and Head of another Agency Equivalent to a Ministry that has issued a legal instrument contrary to the legal instrument on the sector or field under the management of the Ministry, Agency Equivalent to a Ministry, or Government Agency to suspend implementation, revoke partially or entirely such legal instrument; within fifteen days from the date of receipt of the proposal, if the proposal is not accepted or the Minister and Head of an Agency Equivalent to a Ministry do not agree with the outcome of the handling, then the Minister and Head of an Agency Equivalent to a Ministry shall report to the Prime Minister for handling in accordance with the provisions of the law;

b) Propose the Prime Minister to suspend implementation of the resolution of the People's Council at provincial level issued contrary to the legal instrument of the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, or the legal instrument of the Minister and Head of an Agency Equivalent to a Ministry on the sector or field under the management of the Ministry, Agency Equivalent to a Ministry, or Government Agency;

c) Suspend implementation and propose the Prime Minister to revoke the decision, directive of the People's Committee at provincial level issued contrary to the legal instrument on the sector or field under the management of the Ministry, Agency Equivalent to a Ministry, or Government Agency;

d) Exercise other competences when assigned by the Government or the Prime Minister in handling unlawful legal instruments.

2. The competence of the Minister and Director of the Government Office in handling unlawful legal instruments:

a) Exercise the competence prescribed in Clause 1 of this Article in handling unlawful legal instruments issued by Ministers, Heads of Agencies Equivalent to Ministries, People's Councils, People's Committees at provincial level related to the field under the management of the Government Office and other unlawful legal instruments when assigned by the Government or the Prime Minister;

b) Handle unlawful legal instruments issued by the Minister of Justice:

Propose the Minister of Justice to suspend implementation, revoke partially or entirely the unlawful legal instrument issued by the Minister of Justice on the sector or field under the management of the Ministry of Justice. Within fifteen days from the date of receipt of the proposal, if the proposal is not accepted or the Minister and Director of the Government Office do not agree with the outcome of the handling, then the Minister and Director of the Government Office shall report to the Prime Minister for handling in accordance with the provisions of the law;

c) Handle unlawful joint legal instruments between the Ministry of Justice and other Ministries, Agencies Equivalent to Ministries as stipulated in Clause 2 of Article 24 of this Decree and unlawful joint legal instruments between the Ministry of Justice, other Ministries, Agencies Equivalent to Ministries and the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations as stipulated in Clause 2 of Article 25 of this Decree.

3. The Minister assigned by the Prime Minister to sign and issue legal instruments of Government Agencies competent to handle unlawful legal instruments issued by Ministers, Heads of Agencies Equivalent to Ministries, People's Councils, People's Committees at provincial level contrary to the legal instrument of the Government Agency signed and issued by the Minister assigned by the Prime Minister in accordance with Clause 1 of this Article.

Article 17. Authority of the Chairman of the Provincial People's Committee and the Chairman of the District People's Committee to handle illegal documents

1. Suspend the implementation and revoke illegal documents issued by subordinate people's committees.

2. Suspend the implementation of illegal resolutions issued by subordinate People's Councils and request the People's Council at their own level to revoke them.

Section 3

Procedures for inspecting and handling illegal documents

Article 18. Deadline for submitting documents to inspection agencies

Within the latest period of 03 (three) days from the date of issuance, the agency or person authorized to issue the document must submit it to the agency or person authorized to inspect the document according to the following provisions:

1. Documents issued by the Minister, Head of a ministry-level agency, People's Council, and provincial People's Committee shall be submitted to the Department of Legal Document Inspection under the Ministry of Justice and the legal department of the ministry-level agency or government agency authorized to inspect documents according to their respective sectors and fields.

Joint documents between ministries and ministry-level agencies with the Supreme People's Court, Supreme People's Procuracy, and central agencies of political-social organizations issued by the ministry or agency shall be submitted to the Department of Legal Document Inspection under the Ministry of Justice;

2. Documents issued by the Minister of Justice, joint documents between the Ministry of Justice and other ministries, ministry-level agencies, the Supreme People's Court, Supreme People's Procuracy, and central agencies of political-social organizations issued by the ministry or agency shall be submitted to the Legal Affairs Department of the Government Office;

3. Documents issued by the People's Council and district People's Committee shall be submitted to the Department of Justice;

4. Documents issued by the People's Council and commune People's Committee shall be submitted to the Justice Office.

Article 19. Procedures for the Minister of Justice to conduct inspections and handle illegal documents

1. When inspecting and discovering signs of illegality in a document, the Director of the Department of Legal Document Inspection shall notify the agency or person authorized to issue the document to self-inspect and handle the document.

2. Within 30 (thirty) days from the date of receiving the notification, the agency or person authorized to issue the document must organize self-inspection and handling of the document showing signs of illegality and report the results to the Director of the Department of Legal Document Inspection.

The handling of resolutions of the provincial People's Council must be conducted at the nearest session of the People's Council.

In case the agency or person authorized to issue the document showing signs of illegality does not handle it or the Director of the Department of Legal Document Inspection disagrees with the handling result, then the Director of the Department of Legal Document Inspection shall report to the Minister of Justice to handle the document according to Article 15 of this Decree.

Article 20. Procedures for the Minister and Heads of ministry-level agencies to conduct inspections and handle illegal documents

1. The Minister and Heads of ministry-level agencies shall inspect and handle illegal documents according to the following procedures:

a) When inspecting and discovering signs of illegality in a document, the head of the legal department of the ministry or ministry-level agency shall report to the Minister or Head of the ministry-level agency to notify the agency or person authorized to issue the document to self-inspect and handle the document according to the law;

b) Within 30 (thirty) days from the date of receiving the notification, the agency or person authorized to issue the document must organize self-inspection and handling of the document showing signs of illegality and report the results to the agency or person authorized to inspect the document.

The handling of resolutions of the provincial People's Council must be conducted at the nearest session of the People's Council;

c) In case the agency or person authorized to issue the document showing signs of illegality does not handle it within the time limit specified in point b, Clause 1 of this Article or the Minister or Head of the ministry-level agency authorized to inspect the document disagrees with the handling result of the agency or person authorized to issue the document, then the Minister or Head of the ministry-level agency authorized to inspect the document shall handle the document according to Clause 1 of Article 16 of this Decree.

2. The Minister and Chief of the Government Office shall inspect and handle illegal documents issued by the Minister of Justice and other documents when assigned by the Government or Prime Minister according to the procedures specified in Clause 1 of this Article to exercise the authority to handle illegal documents according to Clause 2 of Article 16 of this Decree.

3. The Minister designated by the Prime Minister to sign and issue documents of government agencies to handle illegal documents shall follow the following procedures:

a) When inspecting and discovering signs of illegality in documents issued by ministers, heads of ministry-level agencies, and provincial People's Councils that are contrary to the documents of government agencies, the head of the legal department of the government agency shall report to the head of the government agency to notify the agency or person authorized to issue the document to self-inspect and handle the document. Within 30 (thirty) days from the date of receiving the notification, the agency or person authorized to issue the document must organize self-inspection and handling of the document and report the results to the head of the government agency that inspected the document.

The handling of resolutions of the provincial People's Council must be conducted at the nearest session of the People's Council;

b) In case the agency or person authorized to issue the document does not handle it within the time limit specified in point a, Clause 3 of this Article or the head of the government agency that inspected the document disagrees with the handling result of the agency or person authorized to issue the document, then the head of the government agency shall request the Minister designated by the Prime Minister to sign and issue documents in the sector or field managed by the government agency to handle illegal documents according to Clause 1 of Article 16 of this Decree.

Article 21. Procedures for handling unlawful documents when the Minister, Head of an agency at the ministerial level, or Chairman of the provincial People's Committee requests the Prime Minister

1. In cases where the Minister, Head of an agency at the ministerial level, or Chairman of the provincial People's Committee requests the Prime Minister to handle unlawful documents, the request file must be sent to the Ministry of Justice and simultaneously to the Government Office.

2. For documents that are clearly unlawful and there is no longer any disagreement on how to handle them, within 15 (fifteen) days from the date of receipt of the request, the Minister and Director of the Government Office shall report to the Prime Minister for a decision on handling; before reporting to the Prime Minister for handling, the Minister and Director of the Government Office may seek the opinion of the Minister of Justice regarding the legality of the requested document.

3. For documents where there are still many differing opinions on their legality or where there is a request to reconsider the handling decision as stipulated in Clause 5, Article 28 of this Decree:

Within 30 (thirty) days from the date of receipt of the request, the Minister and Director of the Government Office shall take the lead and coordinate with the Minister of Justice, other Ministers, Heads of agencies at the ministerial level, Chairmen of provincial People's Committees, and Heads of related agencies to handle the document according to the following procedures:

a) The authority or person with the right to inspect and request handling of the document shall report on the document found to be unlawful and requiring handling;

b) The Minister of Justice shall report on the review of the legality of the requested document and propose a direction for handling;

c) The authority or person issuing the document that has been requested for handling shall explain the contents related to the requested document;

d) Other Ministers, Heads of agencies at the ministerial level, Chairmen of provincial People's Committees, and Heads of related agencies shall exchange views or discuss; the Minister and Director of the Government Office shall conclude, propose a direction for handling the document, and report the handling results to the Prime Minister.

The procedures specified in points a, b, c, and d of Clause 3 of this Article may be conducted through a meeting chaired by the Minister and Director of the Government Office or through written reports from the Ministers, Heads of agencies at the ministerial level, Chairmen of provincial People's Committees, and Heads of related agencies in handling unlawful documents;

e) In cases where the Ministers, Heads of agencies at the ministerial level, Chairmen of provincial People's Committees, and Heads of related agencies cannot agree on the direction for handling, based on the request file, the review report of the Minister of Justice on the legality of the requested document, and the proposals of the Ministers, Heads of agencies at the ministerial level, Chairmen of provincial People's Committees, and Heads of related agencies, the Minister and Director of the Government Office shall report to the Prime Minister for a decision on handling or delegate the Minister of Justice or another Minister or Head of an agency at the ministerial level to handle the unlawful document.

Article 22. Procedures for the provincial People's Committee and district People's Committee to inspect and handle unlawful documents

1. When inspecting and discovering documents with signs of unlawfulness, the Director of the Department of Justice or the Head of the Justice Division shall notify the issuing authority to self-inspect and handle the document in accordance with the law.

2. Within 30 (thirty) days from the date of receipt of the notification, the issuing authority must organize self-inspection and handling of the document with signs of unlawfulness and report the handling result to the inspecting authority.

Handling resolutions of the People's Councils at the district and commune levels must be carried out at the nearest session of the People's Council.

3. In cases where the issuing authority does not handle the document with signs of unlawfulness within the time limit specified in Clause 2 of this Article or the Director of the Department of Justice or the Head of the Justice Division disagrees with the handling result, the Director of the Department of Justice or the Head of the Justice Division shall report to the Chairman of the same-level People's Committee for handling in accordance with Article 17 of this Decree.

Article 23. Procedures for inspecting and handling documents containing state secrets

The procedures for inspecting and handling documents containing state secrets shall be applied in accordance with the provisions of this Decree and must comply with the provisions of the law on protecting state secrets.

Article 24. Procedures for inspecting and handling inter-ministerial documents contrary to the law between Ministries and ministerial-level agencies

1. The procedure carried out by the Minister of Justice to inspect and handle inter-ministerial documents contrary to the law between Ministries and ministerial-level agencies:

a) The Minister of Justice inspects and handles inter-ministerial documents showing signs of being contrary to the law between Ministries and ministerial-level agencies according to the procedures stipulated in Article 19 of this Decree;

b) Upon receiving notifications or recommendations from the Minister of Justice, the agencies that signed the inter-ministerial documents must cooperate to self-inspect and handle the documents in accordance with the law.

2. The procedure carried out by the Minister, Head of the Government Office to inspect and handle inter-ministerial documents contrary to the law between the Ministry of Justice and Ministries and ministerial-level agencies:

When discovering inter-ministerial documents between the Ministry of Justice and Ministries and ministerial-level agencies showing signs of being contrary to the law, the Minister, Head of the Government Office shall notify the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies who signed the inter-ministerial documents to self-inspect and handle them.

Within thirty days from the date of receipt of the notification, if the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies do not handle the matter or the Minister, Head of the Government Office does not agree with the results of the handling, then the Minister, Head of the Government Office shall recommend the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies to suspend the implementation and revoke those provisions contrary to the law.

Within fifteen days from the date of receipt of the recommendation, if the recommendation is not accepted or the Minister, Head of the Government Office does not agree with the results of the handling, then the Minister, Head of the Government Office shall report to the Prime Minister for handling in accordance with the law.

Article 25. Procedures for inspecting and handling inter-ministerial documents contrary to the law between Ministries and ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations

1. The procedure carried out by the Minister of Justice to inspect and handle inter-ministerial documents contrary to the law between Ministries and ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations:

a) The Minister of Justice inspects the contents of regulations under the management of Ministries and ministerial-level agencies, government agencies in inter-ministerial documents between Ministries and ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations according to the procedures stipulated in Article 19 of this Decree;

b) In cases where the contents of regulations under the management of the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations in inter-ministerial documents show signs of being contrary to the law, the Minister of Justice shall notify these agencies to self-inspect and handle them in accordance with the law. If the agencies receiving the notification do not handle the matter, the Minister of Justice shall report to the Prime Minister.

2. The procedure carried out by the Minister, Head of the Government Office to inspect and handle inter-ministerial documents contrary to the law between the Ministry of Justice and Ministries and ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations:

a) When discovering the contents of regulations under the management of the Ministry of Justice, Ministries and ministerial-level agencies, government agencies in inter-ministerial documents between the Ministry of Justice and Ministries and ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations showing signs of being contrary to the law, the Minister, Head of the Government Office shall notify the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies who signed the inter-ministerial documents to self-inspect and handle them.

Within thirty days from the date of receipt of the notification, if the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies who signed the inter-ministerial documents do not handle the matter or the Minister, Head of the Government Office does not agree with the results of the handling, then the Minister, Head of the Government Office shall recommend the Minister of Justice, the Ministers, and the Heads of ministerial-level agencies to suspend the implementation and revoke those provisions contrary to the law.

Within fifteen days from the date of receipt of the recommendation, if the recommendation is not accepted or the Minister, Head of the Government Office does not agree with the results of the handling, then the Minister, Head of the Government Office shall report to the Prime Minister for handling in accordance with the law;

b) In cases where the contents of regulations under the management of the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations in inter-ministerial documents show signs of being contrary to the law, the Minister, Head of the Government Office shall notify these agencies to self-inspect and handle them in accordance with the law. If the agencies receiving the notification do not handle the matter, the Minister, Head of the Government Office shall report to the Prime Minister.

Article 26. Competence, procedures for inspecting and handling documents containing legal norms but not issued in the form of legal normative documents and documents issued by agencies without competence to issue legal normative documents when requested, recommended, or complained about by agencies, organizations, mass media, and individuals.

1. Documents violating the law shall be inspected and handled according to the competence and procedures stipulated in Clauses 2, 3, 4, and 5 of this Article, including:

a) Documents containing legal norms but not issued in the form of legal normative documents issued by ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, heads of units directly under ministries, ministerial-level agencies, government-affiliated agencies, People's Councils at all levels, chairpersons of People's Committees at all levels, heads of specialized agencies under provincial People's Committees, and heads of specialized agencies under district People's Committees.

b) Documents having the format and content similar to legal normative documents issued by heads of government-affiliated agencies, heads of units directly under ministries, ministerial-level agencies, government-affiliated agencies, chairpersons of People's Committees at all levels, heads of specialized agencies under provincial People's Committees, and heads of specialized agencies under district People's Committees.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, People's Councils, and chairpersons of People's Committees at all levels must self-inspect, handle, and revoke the documents mentioned in Points a and b of Clause 1 of this Article upon request, recommendation, or complaint from agencies, organizations, mass media, and individuals.

2. When receiving requests, recommendations, or complaints from agencies, organizations, mass media, and individuals regarding the documents specified in Points a and b of Clause 1 of this Article issued by ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, People's Councils, People's Committees, and chairpersons of provincial People's Committees, the Minister of Justice shall process these documents according to the procedures stipulated in Article 19 of this Decree.

3. When receiving requests, recommendations, or complaints from agencies, organizations, mass media, and individuals regarding the documents specified in Points a and b of Clause 1 of this Article issued by the Minister of Justice and units directly under the Ministry of Justice, the Minister of Justice, Head of the Government Office, shall process these documents according to the procedures stipulated in Clause 2 of Article 20 of this Decree.

4. When receiving requests, recommendations, or complaints from agencies, organizations, mass media, and individuals regarding the documents specified in Points a and b of Clause 1 of this Article issued by heads of specialized agencies under provincial People's Committees, People's Councils, People's Committees, and chairpersons of district People's Committees, the Director of the Department of Justice shall process these documents according to the procedures stipulated in Article 22 of this Decree.

5. When receiving requests, recommendations, or complaints from agencies, organizations, mass media, and individuals regarding the documents specified in Points a and b of Clause 1 of this Article issued by heads of specialized agencies under district People's Committees, People's Councils, People's Committees, and chairpersons of commune People's Committees, the Chief of the Justice Section shall process these documents according to the procedures stipulated in Article 22 of this Decree.

The Secretary of the People's Committee at the provincial level assists the Chairman of the People's Committee at the provincial level, and the Secretary of the People's Committee at the district level assists the Chairman of the People's Committee at the district level in implementing the procedures stipulated in Clauses 4 and 5 of this Article with respect to the documents specified in Points a and b of Clause 1 of this Article issued by the Director of the Department of Justice and the Chief of the Justice Section.

Chapter IV

Responsibilities and rights of the agency,

person whose document is being inspected

Article 27. Responsibilities of the agency or person with authority to issue the document subject to inspection

The agency or person with authority to issue the document subject to inspection (hereinafter referred to as the agency or person with the inspected document) shall have the following responsibilities:

1. Implement Article 10 of the Law on Issuing Legal Normative Documents and Clause 18 of this Decree; provide necessary information and materials for the agency or person with authority to inspect the document;

2. Explain the contents of the document upon request of the agency or person with authority to inspect the document;

3. Promptly organize self-inspection to identify and handle documents showing signs of violation of laws as stipulated in Clause 1, Article 10 and point b, Clause 2, Article 11 of this Decree;

4. Report on the handling of illegal documents to the agency or person with authority to inspect the document;

5. Create conditions for the agency or person with authority to inspect the document to perform their inspection tasks;

6. Implement decisions and requests of the Prime Minister as stipulated in Article 14 of this Decree;

7. Implement decisions and recommendations of the Minister, Head of a ministerial-level agency as stipulated in Articles 15 and 16; resolutions of the People's Council at provincial level, resolutions of the People's Council at district level, decisions of the Chairman of the People's Committee at provincial level, decisions of the Chairman of the People's Committee at district level as stipulated in Article 17 of this Decree.

Article 28. Rights of the agency or person with the inspected document

The agency or person with the inspected document shall have the following rights:

1. To be informed about the plan, content of inspection, and requested content;

2. To present opinions related to the content of the inspected document;

3. To refuse to answer or provide information that falls outside the scope of their functions, duties, and powers, or information classified as state secrets which they are not permitted to disclose according to the law;

4. To explain and request the Ministers, Heads of ministerial-level agencies, Chairmen of the People's Committees at provincial level, Chairmen of the People's Committees at district level with authority to inspect and handle documents to reconsider the notification regarding the handling of documents showing signs of violation of laws issued by the agency or person with the inspected document (except for those documents specified in Clause 1, Article 26 of this Decree) within 15 (fifteen) days from the date of receipt of the notification;

5. In case the agency or person with authority to inspect and handle documents still decides to handle according to the provisions of Articles 15, 16, and 17 of this Decree, the agency or person with the inspected document has the right to request the agency or person with authority to handle to reconsider the decision on handling. Within 15 (fifteen) days from the date of receipt of the request, if the agency or person with authority to handle does not respond or the agency or person with the inspected document disagrees with the response to the request, the agency or person with the inspected document has the right to report to the Prime Minister (if the agency or person who handled was the Minister, Head of a ministerial-level agency, People's Council, Chairman of the People's Committee at provincial level) or Chairman of the People's Committee at provincial level (if the agency or person who handled was the People's Council, Chairman of the People's Committee at district level).

When exercising the rights stipulated in Clauses 4 and 5 of this Article, the agency or person with the inspected document must prove that the document issued by them complies with the law and must bear responsibility before their superiors and before the law for the truthfulness and accuracy in their reports and requests.

Chapter V

Rewards, handling of violations of the law;

complaints, denunciations and settlement of complaints, denunciations

in the work of inspecting and handling documents

Article 29. Rewards in inspection and handling of legal documents

1. Agencies, officials, civil servants, and collaborators who have achievements and complete assigned tasks in the work of inspecting and handling legal documents shall be rewarded according to the provisions of the law.

2. Agencies and individuals whose legal documents are inspected and who complete their assigned duties, rights, and responsibilities well in the work of inspecting and handling legal documents shall be rewarded according to the provisions of the law.

3. Organizations and individuals who discover legal documents with signs of violation of the law and propose agencies or persons with authority to handle them, if they have achievements, shall be rewarded according to the provisions of the law.

Article 30. Violations of the law in the work of inspecting and handling legal documents

1. Violations of agencies and persons with authority to inspect legal documents:

a) Not organizing inspections and handling of legal documents within their inspection and handling authority;

b) Not inspecting and handling legal documents when requested by higher state agencies or proposed and recommended by organizations, individuals, or mass media;

c) Not handling or not reporting to agencies or persons with authority to handle when discovering legal documents with signs of violation of the law;

d) Issuing decisions on handling contrary to the law, making illegal requests and recommendations to agencies or individuals whose legal documents are inspected;

đ) Inspecting and handling legal documents outside their inspection and handling authority;

e) Not transferring legal documents outside their inspection and handling authority to agencies or persons with authority to inspect and handle;

g) Other violations of the law during the implementation of the provisions of this Decree and other related legal documents in the work of inspecting and handling legal documents.

Depending on the nature and degree of violations of the law regarding the inspection of legal documents, agencies and persons with authority to inspect legal documents must be dealt with according to the provisions of the law.

2. Violations of agencies and individuals whose legal documents are inspected:

a) Not implementing Clause 1, Article 27 of this Decree;

b) Not organizing self-inspection to detect and handle illegal legal documents issued by themselves;

c) Not organizing self-inspection and handling when requested or recommended by agencies or persons with authority to inspect or by organizations, mass media, and individuals;

d) Obstructing or creating difficulties for agencies or persons with authority to inspect during the inspection of legal documents;

đ) Reporting false information when exercising rights stipulated in Clauses 4 and 5, Article 28 of this Decree;

e) Not implementing decisions, requests, and recommendations for handling illegal legal documents issued by themselves made by agencies or persons with authority to inspect;

g) Other violations of the law during the implementation of the provisions of this Decree and other related legal documents in the work of inspecting and handling legal documents.

Depending on the nature and degree of violations of the law regarding the inspection of legal documents, agencies and individuals whose legal documents are inspected must be dealt with according to the provisions of the law.

Article 31. Complaints, accusations, and resolution of complaints and accusations in the work of inspecting and handling legal documents

1. Agencies, organizations, and individuals have the right to file complaints against administrative decisions and actions of agencies and persons with authority to inspect legal documents and of agencies and individuals whose legal documents are inspected in the work of inspecting and handling legal documents according to the law on complaints and accusations, if they believe that such decisions and actions violate the law and infringe upon their legitimate rights and interests.

2. Individuals have the right to file accusations against administrative actions of agencies and persons with authority to inspect legal documents and of agencies and individuals whose legal documents are inspected in the work of inspecting and handling legal documents according to the law on complaints and accusations, if they believe that such actions violate the law and infringe upon their legitimate rights and interests.

3. The authority and procedures for resolving complaints and accusations in the work of inspecting and handling legal documents shall be carried out according to the law on resolving complaints and accusations.

Chapter VI

State management of the work of inspecting legal documents

Article 32. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Government Agencies in State Management of Document Inspection Work

1. The Ministry of Justice assists the Government in uniformly managing state affairs related to document inspection work nationwide, with the following tasks and authorities:

a) Building and submitting to competent authorities for issuance, or issuing within its authority, documents on document inspection;

b) Building and leading, coordinating with the Government Office, ministries, sectors, and relevant agencies in organizing the implementation of plans for inspecting documents within the scope of inspection under the authority of the Minister of Justice;

c) Urging, directing, and inspecting the implementation of document inspection work by ministries, sectors, and localities;

d) Providing guidance on document inspection procedures, inspecting document inspection work for legal affairs organizations of ministries, ministerial-level agencies, government agencies, provincial justice departments, district justice offices; organizing scientific research on document inspection;

đ) Organizing training in document inspection for the cadre and civil servant inspection force; organizing and managing the network of document inspection collaborators;

e) Establishing information networks, building and managing databases serving document inspection work;

g) Summarizing, concluding, organizing sectoral, field-specific, and national competitions on document inspection work; periodically reporting every six months and annually to the Government and the Prime Minister on document inspection work;

h) Rewarding and disciplining, and proposing competent authorities to reward and discipline cadres, civil servants, and collaborators under the management of the Ministry in document inspection work; rewarding agencies, organizations, and individuals who have discovered and proposed the Minister of Justice to inspect and handle documents suspected of violating laws;

i) Implementing international cooperation in the field of document inspection;

k) Resolving complaints and denunciations regarding document inspection within its authority.

2. Ministries, ministerial-level agencies, and government agencies in state management of document inspection work within their own ministries and sectors have the following tasks and authorities:

a) Building and submitting to competent authorities for issuance, or issuing within their authority, documents on document inspection applicable within their ministries and sectors;

b) Building and organizing the implementation of plans for inspecting documents within the scope of inspection under the authority of the Minister, Head of a ministerial-level agency, or Head of a government agency;

c) Leading and coordinating with the Ministry of Justice, the Government Office, and relevant agencies in inspecting documents containing provisions within the scope of state management of their ministries and sectors issued by other ministries, ministerial-level agencies, provincial People's Councils, and provincial People's Committees;

d) Directing legal affairs organizations to exchange document inspection procedures with the Department of Document Inspection under the Ministry of Justice, legal affairs organizations of ministries, ministerial-level agencies, and government agencies; organizing scientific research on document inspection;

đ) Organizing training in document inspection for the cadre and civil servant inspection force; organizing and managing the network of document inspection collaborators under the management of their ministries and sectors;

e) Establishing information networks, building and managing databases serving document inspection work within their ministries, ministerial-level agencies, and government agencies;

g) Summarizing, concluding, organizing sectoral and field-specific competitions on document inspection work; periodically reporting every six months and annually to the Prime Minister and the Ministry of Justice on document inspection work;

h) Rewarding and disciplining, and proposing competent authorities to reward and discipline cadres, civil servants, and collaborators under the management of their ministries and sectors in document inspection work; rewarding agencies, organizations, and individuals who have discovered and proposed the Minister, Head of a ministerial-level agency, or Head of a government agency to inspect and handle documents suspected of violating laws;

i) Resolving complaints and denunciations regarding document inspection within their authority.

Article 33. Tasks and powers of provincial people's committees and district people's committees in state management of document inspection work

1. In state management of document inspection, provincial people's committees and district people's committees shall have the following tasks and powers:

a) Building and organizing the implementation of plans for document inspection at the local level;

b) Urging and directing document inspection work at the local level;

c) Summarizing, concluding, organizing contests on document inspection work of the locality; reporting periodically every six months and annually to the Prime Minister, Ministry of Justice (for provincial level), provincial people's committee (for district level) on document inspection work;

d) Coordinating and creating conditions for document inspection agencies to inspect according to their authority;

đ) Organizing training in document inspection skills; organizing and managing teams of document inspection volunteers at the local level; organizing scientific research on document inspection;

e) Establishing information networks, building and managing databases serving document inspection work;

g) Rewarding, disciplining, and proposing competent authorities to reward and discipline civil servants and volunteers involved in document inspection work at the local level; rewarding agencies, organizations, and individuals who have discovered and proposed the People's Councils, provincial people's committees, People's Councils, and district people's committees to inspect and handle documents with signs of violation of laws;

h) Resolving complaints and denunciations regarding document inspection within their jurisdiction.

2. Departments of Justice and Justice Offices assist the same-level people's committees in implementing state management over document inspection work as prescribed in this Article.

Chapter VII

Implementation Provisions

Article 34. Conditions ensuring document inspection work

1. The funds ensuring document inspection work are provided from the State budget, included in the regular operating budget of document inspection agencies to cover the following items: organizing coordinated activities; organizing teams of volunteers; collecting information and materials, establishing databases serving document inspection; supporting research, examination, and other related activities concerning document inspection as stipulated by law.

The Minister of Justice shall coordinate with the Minister of Finance to guide the implementation of funds as prescribed in this Article.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of people's committees are responsible for allocating dedicated organizations, staffing, and funding to ensure effective performance of document inspection tasks.

Article 35. Effective Date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette. Provisions contrary to this Decree are abolished.

Article 36. Responsibility for Implementation

1. The Government Office assists the Government in inspecting the implementation of this Decree.

2. The Minister of Justice shall periodically every six months and annually compile and report to the Government and the Prime Minister on the situation of document inspection and handling by ministries, ministerial-level agencies, government-affiliated agencies, and provincial-level People's Councils and people's committees.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of all levels of People's Councils, heads of relevant agencies and units are responsible for enforcing this Decree. /./