Decision No. 1523/2005/QD-BTP Issuing the "Regulation on Self-Inspection and Handling of Normative Legal Documents Issued by the Ministry of Justice"

Pursuant to …;

Issuing the "Regulation on Self-Inspection and Handling of Legal Normative Documents Issued by the Ministry of Justice"

The Ministry of Justice shall issue

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THE MINISTER OF JUSTICE

Pursuant to Decree No. 16/2001/NĐ-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

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

At the proposal of the Director of the Department of Legal Normative Document Inspection.

DECISION:

Article 1. Attached herewith is the "Regulation on Self-Inspection and Handling of Legal Normative Documents Issued by the Ministry of Justice".

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Head of the Office, the Director of the Department of Legal Normative Document Inspection, and the Heads of units under the Ministry of Justice shall be responsible for implementing this Decision./.

 

REGULATIONS

Self-inspection and handling of legal normative documents

issued by the Ministry of Justice

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(Issued together with Decision No. 1523/2005/QĐ-BTP dated August 15, 2005)

of the Minister of Justice)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation stipulates the procedures, formalities, and responsibilities of units under the Ministry of Justice in assisting the Minister in self-inspecting and handling legal normative documents and other documents issued by the Ministry of Justice within its authority or jointly issued.

Article 2. Documents subject to self-inspection

1. Legal normative documents issued by the Ministry of Justice within its authority or jointly issued, including:

a) Legal normative documents issued by the Minister of Justice in the form of decisions, directives, circulars;

b) Joint circulars between the Ministry of Justice and other ministries, agencies at ministerial level, Supreme People's Court, Supreme People's Procuracy, central agencies of political-social organizations.

2. Documents of the Ministry of Justice containing legal norms but not issued in the form of legal normative documents or issued by units, organizations, individuals under the Ministry of Justice without the authority to issue legal normative documents when requested, suggested, complained about by agencies, organizations, mass media, and individuals, including:

a) Documents signed by the Minister of Justice or Deputy Ministers of Justice containing legal norms but not issued in the form of decisions, directives, circulars of the Minister;

b) Documents having the format and content similar to legal normative documents, documents having the format not being legal normative documents but containing legal norms (such as letters, notifications, regulations, charters, programs, plans, guidelines, and other forms) issued by the Heads of units under the Ministry of Justice (including documents having the format and content similar to those mentioned above signed upon delegation).

Article 3. Purpose of self-inspection of documents

The work of self-inspection of documents is carried out to identify provisions in documents issued by the Ministry of Justice that are contrary to the law, contradictory, overlapping, or no longer suitable for economic and social development, to promptly suspend their implementation, amend, supplement, replace, or abolish them, and to determine the responsibility of units and individuals related to the advisory, proposal, drafting, and issuance of documents containing provisions contrary to the law.

Article 4. Scope of content for self-inspection of documents

The scope of content for self-inspection of documents of the Ministry of Justice includes:

1. The legality of the document as provided for in Article 3 of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of legal normative documents (hereinafter referred to as Decree No. 135/2003/NĐ-CP) and guided at Point 2 Section I of Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of some articles of Decree No. 135/2003/NĐ-CP (hereinafter referred to as Circular No. 01/2004/TT-BTP).

2. The appropriateness of the document with the situation of economic and social development and management requirements.

Article 5. Principles of self-inspection and handling of documents

1. The work of self-inspection of documents must be conducted regularly and promptly in accordance with the provisions of the law and this Regulation.

2. Ensuring close coordination between the unit entrusted with the main responsibility to assist the Minister in self-inspection of documents and the unit primarily responsible for drafting the document to be inspected and other relevant agencies, organizations, and units.

3. The handling of illegal documents discovered during self-inspection must be objective, comprehensive, timely, and accurate in accordance with the provisions of the law; promptly addressing the consequences caused by illegal documents.

Article 6. Responsibility for self-inspection of documents

1. The Department of Legal Normative Document Inspection under the Ministry of Justice (hereinafter referred to as the Department of Legal Normative Document Inspection) is responsible for mainly assisting the Minister in self-inspecting the documents specified in Article 2 of this Regulation.

2. Other units under the Ministry have the responsibility:

a) Organizing self-inspection of documents drafted by themselves and coordinating with the Department of Legal Normative Document Inspection in accordance with this Regulation to ensure that the self-inspection of documents is conducted promptly and in accordance with the provisions of the law;

b) Regularly organizing reviews of legal normative documents issued by the Ministry of Justice within the scope of the field assigned to the unit to promptly identify contents that are no longer appropriate for economic and social development, management requirements, or when higher-level state agencies issue new documents to propose amendments, supplements, replacements, or abolitions.

3. When discovering documents issued by the Ministry containing provisions contrary to the law, contradictions, overlaps, or no longer appropriate for economic and social development and management requirements, units and civil servants under the Ministry have the responsibility to promptly report to the Minister, the Director of the Department of Legal Normative Document Inspection, and the Heads of units primarily responsible for drafting the document to inspect and handle it.

Chapter II

PROCEDURES AND FORMALITIES FOR SELF-INSPECTION AND HANDLING OF DOCUMENTS

Article 7. Sending and receiving documents for inspection

1. For documents specified in Clause 1, Article 2 of this Regulation, when processing for issuance, the Ministry's Office has the responsibility to send one copy to the Department of Legal Normative Document Inspection for self-inspection.

The primary drafting unit must clearly record the name "Department of Legal Normative Document Inspection" in the "Recipient" section of the document, except in cases where the document is sent to all units under the Ministry.

For joint documents not primarily drafted and issued by the Ministry of Justice but are one of the issuing parties, then upon receipt of the document, the Ministry's Office has the responsibility to send one copy to the Department of Legal Normative Document Inspection for self-inspection.

2. When receiving notification from a competent state agency regarding a document about a document issued by the Ministry of Justice that appears to violate the law, or upon receipt of requests, suggestions, complaints from agencies, organizations, mass media, and individuals concerning a document of the Ministry of Justice containing legal norms but not promulgated in the form of legal normative documents, or when units, organizations, or individuals under the Ministry of Justice without authority to issue legal normative documents promulgate provisions as stipulated in Clause 2, Article 2 of this Regulation, the Office of the Ministry, the Inspectorate of the Ministry, and other units under the Ministry shall be responsible for notifying and transferring relevant materials to the Department of Legal Document Inspection for self-inspection.

3. Upon receiving documents and materials, the Department of Legal Document Inspection shall record them in the "Logbook for Monitoring Legal Document Inspections," and simultaneously submit a written report on notifications, requests, suggestions, and complaints regarding the document mentioned in Clause 2 of this Article to the Minister, Deputy Ministers in charge of legal document inspections, and Deputy Ministers in charge of the sector where the inspected document pertains.

For the purpose of self-inspection of documents, the Department of Legal Document Inspection has the right to request the Office of the Ministry to provide copies of specific documents issued by the Ministry of Justice that were not sent to the Department of Legal Document Inspection upon issuance.

Article 8. The inspection organization of the Department of Legal Document Inspection for documents specified in Clause 1, Article 7 of this Regulation

1. For documents received by the Department of Legal Document Inspection for inspection as prescribed in Clause 1, Article 7 of this Regulation, the Director of the Department of Legal Document Inspection assigns a team of specialists, including a specialist primarily responsible for conducting the document inspection. Depending on the nature, content of the document, and inspection requirements, collaborators of the Department of Legal Document Inspection may also be assigned to conduct the inspection.

2. The assigned team of specialists is responsible for researching and inspecting the entire document, comparing the content of the inspected document with the legal basis stipulated in Article 7 of Decree No. 135/2003/ND-CP and the guidance at Point 3, Section I of Circular No. 01/2004/TT-BTP to assess and conclude on the legality of the inspected document.

For joint documents in which the Ministry of Justice participates in signing, the scope of inspection focuses on contents within the jurisdiction of the Ministry of Justice, while coordinating with units under the Ministry that have led or participated in drafting the document, legal affairs organizations, or other relevant units of the Ministry, equivalent ministries, the Supreme People's Court, the Supreme People's Procuracy, and central bodies of political-social organizations that signed the document to inspect the entire content of the document.

3. In cases where necessary, the Director of the Department of Legal Document Inspection has the right to request the head of the unit that led the drafting of the inspected document to provide relevant files and materials related to the document or explain issues related to the content of the document.

4. After research and inspection, the primary responsible specialist represents the team of specialists to submit a written summary report to the Director of the Department of Legal Document Inspection on the process of inspection, the contents inspected, and the group's conclusions on the inspected document. The report must clearly state any unresolved opinions (if any) and the views of the primary responsible specialist on those issues.

If the team of specialists unanimously concludes that the document contains illegal content, the primary responsible specialist will prepare a "Legal Document Inspection Form" and a "File on Documents Containing Illegal Content" to be submitted to the Director of the Department of Legal Document Inspection instead of the aforementioned summary report. The content of the form and file shall be carried out according to the guidance at Points 4 and 5, Section III of Circular No. 01/2004/TT-BTP.

The Director of the Department of Legal Document Inspection reviews and approves the inspection results of the team of specialists. In cases where necessary, the Director of the Department of Legal Document Inspection organizes discussions within the unit or with related units before approving the inspection results.

Article 9. Organizing coordinated inspections for documents containing illegal content

1. After approving the "Legal Document Inspection Form" for documents preliminarily concluded to contain illegal content as stipulated in Article 8 of this Regulation, the Director of the Department of Legal Document Inspection notifies the head of the unit under the Ministry that led the drafting of such document to organize self-inspection.

2. For documents showing signs of illegality with notifications from competent agencies requesting self-inspection or requests, suggestions, and complaints transferred to the Department of Legal Document Inspection for inspection as stipulated in Clause 2, Article 7 of this Regulation, the Director of the Department of Legal Document Inspection notifies the head of the unit under the Ministry that led the drafting of such document to organize self-inspection, and simultaneously assigns a team of specialists of the Department (or collaborators) to conduct the inspection according to the procedures and formalities prescribed in Article 8 of this Regulation.

The head of the unit that led the drafting of the document is responsible for organizing self-inspection of the document. During the self-inspection process, the unit that led the drafting of the document is responsible for coordinating with the Department of Legal Document Inspection to clarify the contents of the document showing signs of illegality, measures for handling, and preparing handling documents. In cases where necessary, the unit leading the drafting of the document and the Department of Legal Document Inspection shall adopt appropriate forms to seek the opinions of other relevant units under the Ministry, legal affairs organizations of the Ministry and sectors, and other related agencies and organizations on the above issues.

4. In case the Bureau for Legal Document Review and the drafting unit agree on the illegal content of the document and agree on measures to handle it, such as suspending, canceling, or abolishing part or all of the document's content, the Bureau for Legal Document Review will draft the decision on handling. If the proposed measure is to amend part or all of the document's content, the drafting unit must immediately draft the amended or replacement document. For complex issues requiring additional time for research to draft the amended document, the drafting unit must submit a separate report detailing the reasons and setting a deadline for submitting the document. In such cases, the draft decision on handling must clearly specify the suspension of implementation of part or all of the document with illegal content.

In case the Bureau for Legal Document Review and the drafting unit do not reach an agreement, the drafting unit must submit a document clearly stating its viewpoint to the Bureau for Legal Document Review.

Article 10. Organizing joint review for inter-ministerial documents containing illegal content that the Ministry of Justice participates in signing.

1. In case the content of inter-ministerial documents under the management of the Ministry of Justice shows signs of illegality, the review of such documents shall be carried out according to the provisions of Articles 9 and 11 of this Regulation, while coordinating with the legal affairs organization or relevant units of the Ministry, equivalent ministries, Supreme People's Court, Supreme People's Procuracy, central agencies of political-social organizations participating in signing the document.

The Director of the Bureau for Legal Document Review is responsible for proposing the Deputy Minister in charge of legal document review to sign a letter requesting formal opinions from the agencies and organizations participating in signing the document regarding the review results and proposed handling measures before reporting to the Minister as stipulated in Article 12 of this Regulation.

2. In case the content of inter-ministerial documents under the management of other agencies or organizations participating in signing the document shows signs of illegality, the Director of the Bureau for Legal Document Review is responsible for informing those agencies and organizations to conduct self-review and handling, while coordinating with their legal affairs organizations or relevant units and the units within the Ministry that participated in drafting the document during the review and handling process.

Article 11. Reporting to the Deputy Minister in charge of the results of reviewing documents containing illegal content.

1. The head of the unit within the Ministry that drafted the document is responsible for reporting in writing to the Deputy Minister in charge of the field where the reviewed document falls about the results of the unit's self-review and the opinion of the Bureau for Legal Document Review on the illegal content of the document and the handling measures.

After receiving the opinion of the Deputy Minister in charge of the field where the reviewed document falls, the head of the unit within the Ministry that drafted the document is responsible for informing the Bureau for Legal Document Review of that opinion.

2. The Director of the Bureau for Legal Document Review is responsible for reporting in writing to the Deputy Minister in charge of legal document review about the results of reviewing documents containing illegal content and proposed handling measures. The report must clearly state the opinion of the drafting unit, the opinion of the Deputy Minister in charge of the field where the reviewed document falls, along with related files and documents.

3. In case the work area of the reviewed document is directly managed by the Minister or concurrently managed by the Deputy Minister in charge of legal document review, the head of the unit within the Ministry that drafted the document does not report as stipulated in Clause 1 of this Article but reports together with the Director of the Bureau for Legal Document Review to the Deputy Minister in charge of legal document review.

Article 12. Reporting to the Minister the results of reviewing documents containing illegal content.

The Director of the Bureau for Legal Document Review reports in writing to the Minister about the results of reviewing the document with illegal content, accompanied by the file of the document with illegal content. The report must clearly state the name of the reviewed document; the legal basis for the review; the review process; the illegal content of the reviewed document; the opinions of the Bureau for Legal Document Review, the drafting unit, and related agencies, organizations, and units on the review and handling of the document.

In case the units have reached an agreement on the review results and handling measures, the report must include the draft decision on handling and the draft amended document (if applicable) as stipulated in Clause 4 of Article 9 of this Regulation. In case there are still disagreements among the units, the report must clearly state the viewpoint of the Bureau for Legal Document Review, the opinion of the drafting unit, and the opinions of other related units, and propose further solutions along with related documents and materials.

The report on the review results submitted to the Minister must include the opinions of the Deputy Minister in charge of the field where the reviewed document falls and the Deputy Minister in charge of legal document review as stipulated in Article 11 of this Regulation.

Article 13. Considering and deciding on the handling of documents containing illegal content.

1. Based on the report and file of the document with illegal content as stipulated in Article 12 of this Regulation, the Minister considers and decides on the handling of the document with illegal content. When necessary, the Minister may request the Director of the Bureau for Legal Document Review, the head of the drafting unit, and other related units to report directly and exchange opinions with the Deputy Ministers before making a decision.

2. Handling inter-ministerial documents containing illegal content that the Ministry of Justice participates in signing is based on reaching an agreement with the agencies and organizations that signed the document.

Article 14. Simplified review and handling procedures in cases of clear illegal content in documents.

For consolidated documents received by the Department of Legal Document Review for review pursuant to Clause 1 and Clause 2 of Article 7 of this Regulation, if the Director of the Department of Legal Document Review finds that the content clearly violates the law (in cases where the document is a joint issuance involving the Ministry of Justice, the clear violation pertains to the field under the management of the Ministry of Justice) and requires immediate suspension to prevent and mitigate the consequences caused by its implementation, the review and handling of the document shall be carried out according to the following abbreviated procedure:

1. The Department of Legal Document Review shall immediately notify and convene a meeting with the unit primarily responsible for drafting the document to discuss the illegal content of the document, the necessity of suspending its implementation, and measures to address it. If the illegal content involves a joint issuance in which the Ministry of Justice participated, the meeting must include representatives from the legal department or relevant units of the agencies and organizations that signed the document.

2. Based on the conclusions of the meeting, the Director of the Department of Legal Document Review shall report quickly to the Deputy Minister in charge of the sector with the reviewed document and the Deputy Minister in charge of document review work before reporting to the Minister. The report must clearly state the illegal content of the document, the legal basis for determining it, the opinions of the unit primarily responsible for drafting the document, the opinions of related units, and the proposed measures for suspending the implementation of the document and addressing it by the Department of Legal Document Review.

3. The Minister shall decide on the handling of the document based on the report of the Department of Legal Document Review. In necessary cases, the Minister shall consult with Deputy Ministers before making a decision.

In cases where the Minister deems that additional time is needed for the Department of Legal Document Review and related units to consider and submit supplementary reports before deciding on the handling, the Minister shall examine and decide on the suspension of the document's implementation.

Handling of joint issuances containing clear violations of the law in which the Ministry of Justice participated shall be conducted based on consensus with the agencies and organizations that signed the document.

Article 15. Time limit for reviewing and handling documents showing signs of violating the law as reported by competent state agencies for document review

The time limit for reviewing and handling documents showing signs of violating the law as reported by competent state agencies for document review shall not exceed twenty-two (22) working days from the date the Ministry of Justice receives the notification about the document showing signs of violating the law to the date of sending the notification of the review and handling results to the competent state agency for document review, including the following specific deadlines:

1. Within no more than one (01) working day from the date of receiving the notification from the competent state agency for document review, the Office of the Ministry shall notify and transfer relevant documents to the Department of Legal Document Review in accordance with Clause 2 of Article 7 of this Regulation.

2. Within no more than ten (10) working days from the date of receiving the notification and relevant documents, the unit primarily responsible for drafting the document shall complete self-review and joint review of the document showing signs of violating the law in accordance with Clauses 2, 3, and Clause 4 of Article 9 of this Regulation and report to the Deputy Minister in charge of the sector with the reviewed document.

3. Within no more than ten (10) working days from the date of receiving the notification and relevant documents, the Department of Legal Document Review shall complete self-review and joint review of the document showing signs of violating the law in accordance with Clauses 2, 3, and Clause 4 of Article 9 of this Regulation. Within one (01) working day from the date of receiving the opinion of the Deputy Minister in charge of the sector with the reviewed document, the Department of Legal Document Review shall be responsible for completing the file to report to the Deputy Minister in charge of document review work.

4. Within no more than three (03) working days from the date of receiving the reports from the heads of related units, the Deputy Minister in charge of the sector with the reviewed document and the Deputy Minister in charge of document review work shall examine and provide opinions in accordance with Article 11 of this Regulation.

5. Within no more than four (04) working days from the date of receiving the report from the Director of the Department of Legal Document Review, the Minister shall examine and decide on the handling of the document containing illegal content in accordance with Article 13 of this Regulation.

Article 16. Notification of the results of handling documents

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

a) The results of handling normative legal documents containing illegal content must be sent for publication in the Official Gazette.

b) For documents stipulated in Clause 2 of Article 2 of this Regulation, the results of handling must be sent to the agencies, organizations, and individuals to whom the illegal content was previously sent. If the document has been published in the Official Gazette, the results of handling must also be sent for publication in the Official Gazette.

c) In cases where the document is reviewed and handled according to the notification of the competent state agency for document review, the results of handling the document shall also be sent to that agency.

d) The Office of the Ministry shall be responsible for publishing the results of handling in the Official Gazette and publicly announcing the results at the nearest leadership meeting of the Ministry and the coordination meeting of the heads of the units under the Ministry.

2. For documents reviewed according to the notification of the competent state agency for document review, if the review shows that the document was issued in compliance with the law, after reporting and obtaining the Minister's approval, the Department of Legal Document Review shall cooperate with the unit primarily responsible for drafting the document to prepare a notification of the review results for signature by the Deputy Minister in charge of document review work to send to the competent state agency for document review.

Article 17. Responsibilities of the Heads of Units and Individuals Advising on the Issuance of Illegal Documents

1. The Heads of Units under the Ministry and civil servants who advised on the issuance of illegal documents shall bear responsibility in accordance with Article 8 of Decree No. 135/2003/NĐ-CP.

2. Based on the illegal content and the actual damage caused by the illegal document, the Director of the Document Inspection Department proposes measures to remedy the consequences, while coordinating with the Personnel and Cadres Affairs Department to recommend to the Minister for consideration and handling of the Heads of Units, officials, and civil servants who advised on issuing the illegal document.

3. The procedures and formalities for examining and deciding on the form and degree of handling against the Heads of Units, officials, and civil servants who advised on issuing the illegal document shall be carried out in accordance with current laws.

Article 18. Document inspection prepared by the Document Inspection Department

For documents primarily drafted by the Document Inspection Department, the Criminal and Administrative Law Department shall coordinate with the Document Inspection Department to organize self-inspection according to the procedures and formalities stipulated in Articles 8, 9, 10, 11, 12, or Article 14 of this Regulation.

Article 19. Inspection and handling of documents containing state secrets

The inspection and handling of documents containing state secrets shall be conducted in accordance with the provisions of Decree No. 135/2003/NĐ-CP and the guidance at Point 9, Section III of Circular No. 01/2004/TT-BTP.

Article 20. Amending, supplementing, replacing, or abolishing contents that are no longer appropriate in documents issued by the Ministry of Justice

1. For legal normative documents issued or jointly issued by the Ministry of Justice whose contents are no longer appropriate due to changes in economic and social conditions or when higher-level state agencies issue new documents, the unit responsible for the field covered by such documents shall have the responsibility to study and propose to the Minister to promptly amend, supplement, replace, or abolish the documents or their contents that are no longer appropriate.

2. The procedures and formalities for drafting documents to amend, supplement, replace, or abolish documents or their contents that are no longer appropriate shall be carried out in accordance with the laws governing the issuance of legal normative documents.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Conditions ensuring support for self-inspection work

Funding to ensure self-inspection work is provided from the state budget and included in the annual operating budget of the Document Inspection Department.

Article 22. Implementation

The Document Inspection Department assists the Minister in implementing this Regulation. During implementation, if any difficulties arise, the Document Inspection Department shall promptly report and propose amendments and supplements to this Regulation to align with practical circumstances.

Article 23. Commendation and handling of violations

1. Units, officials, and civil servants under the Ministry of Justice, and document inspection collaborators who achieve outstanding results in self-inspection and handling of documents issued by the Ministry of Justice shall be commended in accordance with current laws.

2. Organizations and individuals violating the laws on document inspection and the provisions of this Regulation shall be subject to handling according to the nature and degree of violation as stipulated by law./.