Circular No. 14/2010/TT-BVHTTDL stipulates on inspection, handling of regulatory legal documents; monitoring, evaluating the implementation of laws; reviewing, systematizing regulatory legal documents in the fields of culture, family, physical education, sports, and tourism.

CIRCULAR

Regulations on inspecting, handling normative legal documents; monitoring,

evaluating the implementation of laws; reviewing, systematizing normative legal documents

in the fields of culture, family, physical education, sports, and tourism

 __________________________________

Pursuant to the Law on Enactment of Legal Regulatory Documents No. 17/2008/QH12 dated June 3, 2008;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;

Pursuant to Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspecting and handling normative legal documents;

Article 1. Other types of artistic performances

The Ministry of Culture, Sports and Tourism shall stipulate regulations on inspecting, handling normative legal documents; monitoring, evaluating the implementation of laws; reviewing, systematizing normative legal documents in the fields of culture, family, physical education, sports, and tourism as follows:

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

Article 1. Scope of Regulation

Article 1. This Circular specifies the procedures, formalities, responsibilities of agencies, units, organizations, and individuals in self-inspection and inspection of normative legal documents within their authority; handling normative legal documents; monitoring, evaluating the implementation of normative legal documents and reviewing, systematizing normative legal documents in the fields of culture, family, physical education, sports, and tourism.

Article 2. Inspection and handling of documents containing state secrets in the fields of culture, family, physical education, sports, and tourism shall be carried out according to the Regulations on Inspecting and Handling Normative Legal Documents Containing State Secrets issued together with Decision No. 42/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister and relevant provisions in this Circular.

Article 2. Scope of Application

This Circular applies to all Departments, Bureaus, Divisions, Offices, Inspectorates, Administrative Reform Advisory Units (referred to as units under the Ministry); organizations and individuals under the Ministry of Culture, Sports and Tourism related to the work of inspecting, handling normative legal documents; monitoring, evaluating the implementation of laws; reviewing, systematizing normative legal documents in the fields of culture, family, physical education, sports, and tourism; other organizations and individuals related to the work of inspecting, handling normative legal documents concerning culture, family, physical education, sports, and tourism.

Article 3. Purpose of Inspection, Handling; Monitoring, Evaluation; Reviewing, Systematizing Normative Legal Documents

Point 1. Inspect, review, systematize normative legal documents in the fields of culture, family, physical education, sports, and tourism to examine their constitutionality, legality, consistency, and coherence, to identify illegal or outdated contents, promptly suspend their enforcement or recommend competent authorities to suspend, amend, supplement, revoke, or abolish them, and propose responsible entities for those who have issued illegal documents.

Point 2. Monitor and evaluate the implementation of normative legal documents in the fields of culture, family, physical education, sports, and tourism to promptly identify difficulties and obstacles, provide guidance on implementation, urge the organization of implementation, and recommend competent authorities to amend, supplement, or abolish outdated provisions.

Article 4. Principles of Inspection, Handling; Monitoring, Evaluation; Reviewing, Systematizing Normative Legal Documents

Point 1. Work on inspecting, handling normative legal documents; monitoring, evaluating; reviewing, systematizing normative legal documents in the fields of culture, family, physical education, sports, and tourism must be conducted regularly and promptly in accordance with legal provisions and specific provisions of this Circular.

Point 2. Ensure close coordination between the Head of the Legal Affairs Department, the leading unit assisting the Minister in organizing inspections, handling normative legal documents; monitoring, evaluating; reviewing, systematizing normative legal documents with drafting units and other related units during the process of inspection, handling; monitoring, evaluating; reviewing, systematizing normative legal documents within their authority.

Point 3. Ensure close coordination and unity between the Ministry of Culture, Sports and Tourism and other Ministries, ministerial-level agencies participating in joint issuance of circulars; People's Councils, Provincial People's Committees during the process of inspection, handling; monitoring, evaluating; reviewing, systematizing normative legal documents within their authority.

Point 4. Handling of illegal documents must be objective, comprehensive, timely, accurate, in compliance with legal provisions on handling documents and specific provisions of this Circular; ensuring prompt prevention and mitigation of consequences caused by illegal documents.

Article 5. Content of Text Examination

Examine the constitutionality and legality of the text with respect to the normative legal documents of higher state agencies, and examine the consistency between current normative legal documents and newly issued documents from the same agency according to Article 3 of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on examination and handling of normative legal documents and Article 3 of Circular No. 20/2010/TT-BTP dated November 30, 2010 of the Minister of Justice detailing implementation of certain provisions of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on examination and handling of normative legal documents.

Article 6. Sending and Receiving Texts for Examination According to Authority

1. For texts prescribed in Clause 1, Article 9 and Clauses 1, 2, and 3, Article 19 of this Circular, within three working days from the date the text is signed and promulgated, the drafting agency (for texts within the promulgation authority of the Ministry of Culture, Sports and Tourism) or the issuing agency (for texts within the promulgation authority of other Ministries, People's Councils, and Provincial People's Committees) shall be responsible for sending a copy to the Legal Department of the Ministry of Culture, Sports and Tourism for organization of examination.

2. For texts prescribed in Clause 3, Article 9 and Clause 4, Article 19 of this Circular, within two working days from receiving notification from the agency or person authorized to examine texts or requests, suggestions from agencies, organizations, individuals, and mass media regarding texts suspected of violating the law, the Office, Inspectorate, and other units under the Ministry shall be responsible for notifying and transferring relevant materials to the Legal Department for organization of examination.

Article 7. Text Examination Collaborators

1. Based on the requirements and tasks of text examination, the Legal Department shall establish a list of collaborators based on proposals from agencies under the Ministry.

2. Text examination collaborators must meet the following conditions:

- Possess knowledge and skills related to text examination work;

- Have legal expertise and understanding of cultural, family, sports, and tourism fields;

- Have at least three years of experience in the field they are responsible for.

3. Text examination collaborators may be selected from units under the Ministry of Culture, Sports and Tourism or other agencies and organizations.

Article 8. Responsibilities for Self-Examination and Examination According to Authority

1. The Director of the Legal Department is the focal point, assisting the Minister in organizing self-examination, examination, and handling of texts according to this Circular, and has the responsibility to:

a) Develop and urge the implementation of plans for self-examination and examination according to authority for texts within the scope prescribed in Articles 9 and 19 of this Circular;

b) Organize self-examination of texts drafted by the department and propose forms of handling for texts containing illegal content;

c) Lead or coordinate with the drafting agency to conduct self-examination and examination of texts prescribed in Articles 9 and 19 of this Circular;

d) Send notifications requesting the drafting agency or issuing agency to self-examine and handle texts suspected of violating laws related to cultural, family, sports, and tourism fields;

đ) Participate in handling and explaining, monitoring the results of self-examination and handling of texts containing illegal content by the issuing agency. If the issuing agency does not examine or handle the text or if the handling result does not meet the requirements of the Minister of Culture, Sports and Tourism, the Director shall be responsible for advising the Minister on measures to handle the text containing illegal content according to authority;

e) Summarize and report on text examination and handling work according to this Circular.

2. Responsibilities of Heads of Agencies and Units Under the Ministry:

a) Organize self-examination of texts prescribed in Clause 1 and 2, Article 9 of this Circular drafted by their agency or coordinate with the Legal Department to conduct examination when notified by the Legal Department about examining illegal content in texts;

b) Coordinate with the Legal Department to organize examination of texts prescribed in Article 19 of this Circular;

c) Participate in handling texts containing illegal content according to this Circular within the scope of responsibilities of their agency or unit.

II. SELF-EXAMINATION AND HANDLING RESULTS OF SELF-EXAMINATION OF TEXTS

 LEGAL REGULATIONS OF THE MINISTRY OF CULTURE,

SPORTS AND TOURISM

Article 9. Types of documents within the self-inspection authority of the Minister of Culture, Sports and Tourism

1. Legal normative documents issued by the Minister of Culture, Sports and Tourism in the form of Circulars, joint Circulars with other Ministers or Heads of ministerial-level agencies.

2. Legal normative documents issued by the former Minister of Culture and Information, the former Minister and Director of the Sports Committee, the former Minister and Director of the Population, Family and Youth Committee in the fields of culture, family, sports, and tourism in other forms prior to the effective date of the Law on Legal Normative Documents No. 17/2008/QH12 but still valid at the time of inspection.

3. Documents signed and issued by the Minister or Deputy Minister of Culture, Sports and Tourism; documents signed and issued by the Heads of units under the Ministry of Culture, Sports and Tourism upon delegation from the Minister containing legal norms when notified by competent authorities or individuals, organizations, mass media about signs of violation of laws or no longer being appropriate.

Article 10. Methods of self-inspection

1. Regularly organize self-inspection of legal normative documents stipulated in Clause 1 of Article 9 of this Circular.

2. Organize self-inspection of legal normative documents stipulated in Clause 2 of Article 9 of this Circular when economic and social conditions have changed or when higher state agencies issue new documents making the already issued legal normative documents in the fields of culture, family, sports, and tourism no longer appropriate.

Article 11. Procedures for conducting self-inspection by the Legal Department

1. Within three working days from the date the legal normative document drafted by the Legal Department is issued or the date the Legal Department receives the document for inspection, the Head of the Legal Department shall be responsible for organizing the self-inspection of the document.

2. For inspected documents not found to contain signs of violation of laws, the inspector shall prepare a legal normative document inspection report according to the model at Appendix No. 01 attached to this Circular.

3. For inspected documents found to contain signs of violation of laws, the inspector shall prepare a file on the document containing illegal content according to the model at Appendix No. 02 attached to this Circular.

The content of the report on the results of self-inspection shall be carried out in accordance with Clause 2 of Article 12 of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspecting and handling legal normative documents.

4. Based on the results of self-inspection, the Head of the Legal Department shall sign the report on the results of self-inspection and propose handling measures (for documents drafted by the Legal Department) or notify the drafting agency about the illegal content of the document for that agency to conduct self-inspection and propose handling measures.

5. During the process of the Legal Department conducting self-inspection of documents, the drafting agency, related individuals, and units shall be responsible for providing files, documents, and explanations regarding issues related to the content of the inspected document according to the request of the Legal Department within five working days from the date of receipt of the request document.

Article 12. Procedure for self-inspection by the agency in charge of drafting legal documents under the Ministry

1. Within three working days from the date the document is signed and promulgated or from the date of receipt of the notification from the Legal Affairs Department as stipulated in Clause 4, Article 11 of this Circular, the Heads of the agencies in charge of drafting shall organize the self-inspection. Depending on the requirements of the document to be inspected, the Head of the self-inspection agency shall decide to invite collaborating inspectors to participate in the inspection of the document.

2. The person assigned to inspect the document shall be responsible for studying, inspecting the document and the process of drafting and promulgating the document to review, assess, 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 Ministry of Culture, Sports and Tourism. In cases where necessary, the self-inspection unit shall coordinate with other units of the Ministry or equivalent ministries that jointly issued the document to inspect the entire content and the process of drafting and promulgating the document.

4. When signs of violation of laws are discovered in the document, the person assigned to inspect the document shall be responsible for establishing a file on the document showing signs of violation of laws according to Model 02 attached to this Circular and submitting it to the Head of the self-inspection unit.

The content of the report on the results of self-inspection shall be carried out in accordance with Clause 2 of Article 12 of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspecting and handling legal normative documents.

5. Upon receiving the inspection file, the Head of the self-inspection unit shall examine and sign the report on the results of the self-inspection. In cases where necessary, discussions may be organized within the unit or with related units before signing the report on the results of the self-inspection.

6. The self-inspection unit shall transfer the entire file on the results of the self-inspection of documents showing signs of violation of laws to the Legal Affairs Department for examination and reporting to the Minister.

Article 13. Procedure for implementing coordinated self-inspection of documents showing signs of violation of laws

1. For documents showing signs of violation of laws as notified by the competent authority or as requested by a recommendation sent to the Ministry of Culture, Sports and Tourism to conduct self-inspection, the Director of the Legal Affairs Department shall organize the self-inspection or notify the Head of the unit in charge of drafting to organize the self-inspection. The procedure and process shall be carried out in accordance with the provisions of Articles 11 and 12 of this Circular.

2. For documents showing signs of violation of laws that are organized for self-inspection by the Head of the agency in charge of drafting, the Head of that agency shall cooperate with the Legal Affairs Department to clarify the contents showing signs of violation of laws in the document, measures for handling, and prepare the handling document.

In case there is no agreement between the Legal Affairs Department and the unit in charge of drafting, the drafting unit must submit a document clearly stating its viewpoint to the Legal Affairs Department for consolidation and reporting to the Minister in accordance with Clause 2, Article 15 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, the drafting unit must immediately draft the amendment or replacement document. In cases where the document contains complex content requiring additional time for research to draft the amendment document, the drafting agency must submit a document detailing the reasons and setting a deadline for submission of the document, while recommending suspension of implementation of part or all of the document containing illegal content.

Article 14. Procedures for coordinating self-inspection of Joint Circulars between the Minister of Culture, Sports and Tourism and other Ministers or Heads of equivalent Ministries that have issued regulations suspected of being contrary to the law

1. For Joint Circulars issued by the Minister of Culture, Sports and Tourism and another Minister or Head of an equivalent Ministry that are suspected of being contrary to the law, the organization of self-inspection of such regulations shall be carried out in accordance with Articles 11 and 12 of this Circular, while coordinating with the legal affairs organization or other units within the Ministry or equivalent Ministry that jointly signed the issuance.

2. The Director of the Legal Affairs Department shall be responsible for submitting to the Ministry's leadership for signing a formal opinion letter from the Ministry or equivalent Ministry participating in the signing of the document regarding the results of self-inspection and proposed measures before reporting to the Minister in accordance with Article 15 of this Circular.

Article 15. Reporting to the Minister on the results of self-inspection of regulations containing illegal content

1. The Director of the Legal Affairs Department and the Heads of departments under the Ministry primarily responsible for drafting shall be responsible for reporting in writing to the Minister about the results of self-inspection along with the file on the regulation containing illegal content. After receiving the Minister's comments, the Legal Affairs Department will draft a Decision on handling the regulation for the Minister to sign and issue.

2. When departments have not reached a consensus on the illegal content of the regulation or the handling measures, the Legal Affairs Department shall be responsible for reporting in writing to the Minister, clearly stating the Legal Affairs Department's viewpoint, the opinion of the department primarily responsible for drafting, and the opinions of other departments (in the case of a Joint Circular), and at the same time proposing a resolution plan for the Minister to consider and decide.

Article 16. Decision on Handling Regulations Containing Illegal Content

1. Based on the report and file on the regulation containing illegal content as stipulated in Article 15 of this Circular, the Minister shall examine and sign the Decision on handling the illegal regulation.

2. In the case of handling a Joint Circular issued by the Minister of Culture, Sports and Tourism and another Minister or Head of an equivalent Ministry containing illegal content, the Ministers or Heads of equivalent Ministries shall examine and jointly sign the Decision on handling.

Article 17. Self-Inspection and Handling Procedures in Cases Where the Illegal Content of the Regulation is Clear

1. The Legal Affairs Department shall immediately notify and organize a meeting with the unit primarily responsible for drafting to exchange and discuss the illegal content of the regulation and handling measures. In the case of a Joint Circular containing illegal content issued by the Minister of Culture, Sports and Tourism, the meeting must include representatives of the Legal Affairs organization or relevant units within the Ministry or equivalent Ministry that jointly signed the Joint Circular.

2. Based on the conclusions of the meeting, the Director of the Legal Affairs Department shall report to the Minister on the illegal content of the regulation, the legal basis for determining it, the opinion of the unit primarily responsible for drafting, the opinions of related units, and the Legal Affairs Department's proposal on the necessity to suspend the implementation of the regulation and handling measures.

3. The Minister shall examine and sign the decision on handling the illegal regulation. If additional time is needed for examination before making a decision on handling, the Minister shall decide to suspend the implementation of the regulation.

Article 18. Notification of the Results of Processing Legal Documents

1. The notification of the results of handling illegal legal documents shall be carried out as follows:

a) The decision to process legal documents containing content contrary to the law must be published in the Official Gazette; posted on the electronic information website of the Ministry of Culture, Sports and Tourism within three working days from the date of signing the decision to process illegal legal documents;

b) In cases where the legal document is checked and processed upon request, recommendation, or notification from competent authorities for inspection or from other agencies, organizations, or individuals, the decision to process illegal legal documents must also be sent to those agencies, organizations, or individuals;

c) The Office shall be responsible for publishing the Official Gazette with the decision to process illegal legal documents.

2. For legal documents that are inspected according to the notification of the competent state authority for inspection and the self-inspection results show that the document was issued in accordance with the law, the Department of Legal Affairs shall coordinate with the unit primarily drafting the document to prepare a notification of the inspection results to be submitted to the leadership of the Ministry for sending to the competent state authority for inspection of the document.

III. INSPECTION AND HANDLING OF INSPECTION RESULTS OF LEGAL DOCUMENTS

 LEGAL REGULATIONS UNDER AUTHORITY

Article 19. Types of Legal Documents Within the Inspection Authority of the Minister of Culture, Sports and Tourism

1. Circulars, Joint Circulars issued by Ministers of Ministries, Heads of Ministries Equated to Ministries, which contain provisions related to culture, family, sports, and tourism.

2. Resolutions issued by Provincial People's Councils containing provisions related to culture, family, sports, and tourism.

3. Decisions, Directives issued by Provincial People's Committees containing provisions related to culture, family, sports, and tourism.

4. Other legal documents issued by the Minister, Head of a Ministry Equated to a Ministry, Provincial People's Councils, Provincial People's Committees containing provisions related to culture, family, sports, and tourism when there are requests, recommendations for inspection from agencies, organizations, individuals, and mass media.

Article 20. Methods of Inspection Under Authority

The inspection of legal regulatory documents under the authority of the Ministry of Culture, Sports and Tourism shall be conducted through the following methods:

1. Organizing inspections upon receipt of legal documents specified in Clause 1, 2, and 3 of Article 19 of this Circular issued by competent authorities;

2. Organizing specialized, regional, or sectoral inspection teams;

3. Organizing timely inspections upon receipt of requests, recommendations, or notifications from agencies, organizations, or individuals who have discovered legal documents suspected of being contrary to the law as stipulated in Clause 4 of Article 19 of this Circular.

Article 21. Procedures and Formalities for Inspections

Within three working days from the date of receiving the document for inspection, the Director of the Legal Affairs Department shall be responsible for organizing the inspection or sending a document requesting relevant agencies to cooperate in organizing the inspection. The agency receiving the request has the responsibility to send representatives to conduct the inspection together with the Legal Affairs Department.

Article 22. Handling Inspection Results

1. In cases where illegal content, beyond authority, or no longer appropriate is found, the Director of the Legal Affairs Department shall report and recommend the Minister to sign a notification to be sent to the agency or person with authority who issued the document to self-inspect and handle it in accordance with the law.

2. Within thirty working days from the date of receiving the notification or inspection results regarding illegal content, beyond authority, or no longer appropriate, if the agency or person with authority issuing the document does not handle it or the handling result is not satisfactory, the Minister of Culture, Sports and Tourism shall handle it as follows:

a) Sending a document recommending the Minister, Head of a Ministry Equated to a Ministry, who issued the illegal document to suspend implementation, revoke, or annul part or all of the document.

b) Sending a document recommending the Prime Minister to suspend implementation of provincial People's Council resolutions contrary to documents issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister, or Minister of Culture, Sports and Tourism concerning the management of the Ministry of Culture, Sports and Tourism.

c) Issuing a decision to suspend implementation and recommending the Prime Minister to revoke or annul Decisions, Directives of Provincial People's Committees contrary to documents issued by the Ministry of Culture, Sports and Tourism. In case the Provincial People's Committee disagrees with the decision to suspend implementation, they still must comply with the decision of the Minister of Culture, Sports and Tourism but have the right to recommend to the Prime Minister.

Article 23. Notification of the Result of Handling

After receiving the result of handling from the competent authority issuing the document, the Legal Department shall be responsible for sending the result of handling to the agencies, organizations, and individuals who have made recommendations on handling the document. In case 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.

Article 24. Organization of Specialized and Regional Inspection Teams

1. Based on the annual inspection work requirements and plans approved by the Minister, the Legal Department shall submit to the Minister for signing the decision to establish inspection teams or the decision to assign the Legal Department to organize specialized and regional inspection teams.

2. Implementation procedures:

a) The inspection team sends a document notifying the plan, schedule, and other necessary requirements for inspection to the inspected unit at least five working days before conducting the inspection;

b) The inspected unit compiles a list of documents and provides them to the inspection team for inspection, reporting in writing as required by the inspection team;

c) The inspection team conducts direct work with units having the inspected documents;

d) Upon completion of the inspection period, the inspection team issues a written notification of the inspection results to the inspected unit.

3. In cases where illegal content, beyond authority, or no longer appropriate content is discovered in the document, the inspection results shall be handled according to the provisions of Article 22 of this Circular.

IV. MONITORING AND EVALUATION OF IMPLEMENTATION OF DOCUMENTS

LEGAL REGULATIONS

Article 25. Content of Monitoring and Evaluation of Implementation of Regulatory Documents

Monitoring and evaluating the implementation of regulatory documents in the fields of culture, family, physical education, sports, and tourism by Ministries, ministerial-level agencies, government agencies, People's Councils, and People's Committees at all levels focuses on the following issues:

1. Issuance of detailed implementing regulations by higher-level state agencies in the fields of culture, family, physical education, sports, and tourism, and measures to implement these regulatory documents;

2. Evaluation of the effectiveness of the dissemination and popularization of regulatory documents;

3. Ensuring financial and human resources conditions for the implementation of regulatory documents;

4. The rationality and feasibility of regulatory documents in practice;

5. Compliance level of regulatory documents by agencies, organizations, and individuals.

Article 26. Responsibilities for Monitoring and Evaluating the Implementation of Regulatory Documents of Agencies and Units under the Ministry

1. Monitor and evaluate the implementation of regulatory documents related to the field managed by their own unit.

2. Organize monitoring and evaluation of the implementation of regulatory documents drafted by their own unit.

3. Urge the organization to implement regulatory documents related to the field managed by their own unit. When discovering that the provisions of regulatory documents are no longer appropriate, they must promptly coordinate with the Legal Department to report and propose the Minister to decide on amending, supplementing, or replacing documents within their authority, or propose the Minister to request the competent authority to amend, supplement, or replace the documents.

4. Regularly or annually compile and report the evaluation of the effectiveness of the implementation of regulatory documents drafted by their own unit to the Legal Department in accordance with the time limit stipulated in Article 36 of this Circular for consolidation and reporting to competent authorities.

Article 27. Responsibility for evaluating the implementation of regulatory legal documents of the Legal Affairs Department

1. Annually, organize surveys and evaluations of the implementation of regulatory legal documents concerning culture, family, physical education, sports, and tourism. When discovering provisions in regulatory legal documents that are no longer appropriate, promptly report to the Minister for amendments, supplements, or revocations within their authority, or propose relevant authorities to amend, supplement, or revoke provisions that are no longer appropriate.

2. Coordinate, monitor, and urge departments and units under the Ministry in the evaluation of the implementation of legal documents.

3. Urge departments and units under the Ministry in drafting detailed implementing regulations for Laws, Ordinances, Decrees, and Resolutions related to the Ministry's administrative management fields and Circulars within the authority of the Minister.

4. Annually, compile and build reports on the evaluation of the implementation of laws, ordinances, decrees, and resolutions in the fields of culture, family, physical education, sports, and tourism, to be sent to the Ministry of Justice for consolidation and submission to the Government.

V. REVIEW AND SYSTEMATIZATION OF REGULATORY LEGAL DOCUMENTS

Article 28. Regulatory legal documents subject to review and systematization by the Ministry of Culture, Sports and Tourism

Regulatory legal documents concerning culture, family, physical education, sports, and tourism; regulatory legal documents related to the administrative management fields of the Ministry of Culture, Sports and Tourism shall be reviewed and systematized, including:

1. The Constitution, Laws, and resolutions of the National Assembly;

2. Ordinances and resolutions of the Standing Committee of the National Assembly;

3. Orders and decisions of the President;

4. Decrees of the Government;

5. Decisions of the Prime Minister;

6. Circulars and joint circulars of the Ministers and heads of agencies at the ministerial level;

7. International treaties to which Vietnam is a party related to the administrative management fields of the Ministry of Culture, Sports and Tourism.

8. Other regulatory legal documents related to the fields of culture, family, physical education, sports, and tourism issued by competent authorities before the Law on Enacting Regulatory Legal Documents No. 17/2008/QH12 took effect.

Article 29. Responsibilities of Departments under the Ministry in reviewing and systematizing regulatory legal documents

1. The Legal Affairs Department shall be responsible for:

a) Serve as the focal point for organizing the review and systematization of documents related to the administrative management fields of the Ministry of Culture, Sports and Tourism;

b) Compile a list of valid documents, those whose validity has expired, revoked, annulled, or replaced by other documents;

c) Submit to the Minister for signing and issuing a list of documents issued by the Ministry of Culture, Sports and Tourism whose validity has expired, revoked, annulled, or replaced by other documents;

d) Compile a list of valid documents containing provisions that need to be amended, supplemented, or revoked, annulled; a list of areas requiring issuance of documents to regulate according to the provisions in documents of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, or practical requirements of state administration in the fields of culture, family, physical education, sports, and tourism, and propose to the main drafters to amend, supplement, or submit new documents to replace them to the Minister;

e) Coordinate with departments under the Ministry to propose measures to handle the results of reviewing documents for submission to the Minister for decision.

2. Departments and units under the Ministry have the responsibility:

a) To organize the review and systematization of documents in the assigned fields, compile the results, and submit reports to the Legal Affairs Department as stipulated in Article 36 of this Circular;

b) 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 Minister or competent authorities, such reviews and systematizations must be carried out promptly and reported according to the tasks or plans approved.

Article 30. Time for Review and Systematization

1. Annually, review and systematize according to topics and fields.

2. Every two years, systematize all regulatory legal documents on culture, family, physical education, sports, and tourism.

3. Annually, submit to the Official Gazette the list of documents that have ceased to be effective.

Article 31. Compilation of the List of Documents for Review and Systematization

The list of documents for review and systematization shall be compiled in the following order:

1. Name of the document;

2. Number and code of the document;

3. Date of issuance of the document;

4. Issuing authority of the document;

5. Summary of the document;

6. Legal effect of the document.

Article 32. Classification of Documents for Review and Systematization

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

1. By the issuing authority's jurisdiction;

2. By the content groups of the document;

3. By the chronological order of issuance of the document;

4. By the form of the document.

Article 33. Basis for Conducting Reviews

1. When drafting and promulgating new regulatory legal documents.

2. Upon request or recommendation from agencies, units, organizations, or individuals.

3. Upon issuance of new documents affecting the documents to be reviewed.

4. In case of changes in economic and social conditions impacting the areas under the Ministry of Culture, Sports and Tourism’s management.

Article 34. Review Process

1. Determine the scope of the review field.

2. Collect the documents to be reviewed and those serving as references for comparison.

3. Study and evaluate the documents based on the review contents.

4. Handle the review results.

Article 35. Systematization Process

1. Develop a systematization plan.

2. Gather and classify the systematization list.

3. Study and evaluate the documents according to each field classified, similar to the review activities.

4. Compile the results and draft an evaluation report.

5. Publish the systematization results.

VI. IMPLEMENTATION

Article 36. Reporting System

1. Semi-annually and annually, departments and units under the Ministry are responsible for reporting on inspection, handling, reviewing, and systematizing regulatory legal documents to the Department of Legal Affairs no later than June 15 for semi-annual reports and December 15 for annual reports.

Reports on the implementation of regulatory legal documents shall be submitted to the Department of Legal Affairs no later than October 5 annually.

2. The Department of Legal Affairs shall take the lead in compiling reports on inspection, handling, evaluation of implementation, review, and systematization of regulatory legal documents with the Minister and competent state authorities.

Article 37. Resources and Conditions Ensuring Inspection, Handling; Monitoring, Evaluation; Review, and Systematization of Regulatory Legal Documents

1. Funding for inspection, handling; monitoring, evaluation; review, and systematization of regulatory legal documents shall be implemented in accordance with the provisions of the law.

2. The Planning and Finance Department, Office, Heads of departments and units under the Ministry shall allocate funding and equipment for inspection, handling; monitoring, evaluation; review, and systematization of regulatory legal documents based on proposals from the Department of Legal Affairs and implementing agencies, subject to approval by the Ministry Leadership.

3. The Cadre Organization Department, Heads of departments and units under the Ministry shall allocate staffing and cooperate with the Department of Legal Affairs to provide professional training for civil servants engaged in inspection, monitoring, evaluation, review, and systematization of regulatory legal documents.

Article 38. Effective Date

This Circular takes effect from February 15, 2011. During implementation, if there are difficulties, agencies, units, and individuals should promptly reflect them to the Ministry of Culture, Sports and Tourism for research and supplementation or amendment. /