Pursuant to …;

Issuing the Regulation on Drafting, Reviewing, Enacting, Reviewing, Systematizing, Inspecting, and Handling Legal Normative Documents on Education

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Law on Enacting Legal Normative Documents dated November 12, 1996, and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents dated December 16, 2002;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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

Pursuant to Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Enacting Legal Normative Documents and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents;

Pursuant to Decision No. 03/2007/QĐ-TTg dated January 10, 2007 of the Prime Minister promulgating the Regulation on the Organization and Operation of the Drafting Board;

Pursuant to Decision No. 05/2007/QĐ-TTg dated January 10, 2007 of the Prime Minister promulgating the Regulation on Reviewing Projects and Drafts of Legal Normative Documents;

At the request of the Director of the Legal Department,

DECISION:

Article 1. Attached herewith is the Regulation on Drafting, Reviewing, Enacting, Reviewing, Systematizing, Inspecting, and Handling Legal Normative Documents on Education.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. This Decision replaces Decision No. 15/2006/QĐ-BGDĐT dated April 25, 2006 of the Minister of Education and Training on the issuance of the Regulation on Drafting, Reviewing, Enacting, Inspecting, and Handling Legal Normative Documents on Education.

Article 3. The Heads of the Office, Heads of the Department of Legal Affairs, Heads of units under the Ministry of Education and Training, Chairpersons of People's Committees of provinces and centrally-administered cities, Directors of Departments of Education and Training, and individuals and organizations related thereto are responsible for implementing this Decision.

REGULATIONS

Drafting, reviewing, enacting, reviewing, systematizing, inspecting, and

handling legal normative documents on education

(Attached herewith is Decision No.: 18/2008/QĐ-BGDĐT dated April 18, 2008 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Regulation governs drafting, reviewing, enacting, inspecting, handling, reviewing, and systematizing legal normative documents on education, including: Drafting legal normative documents; reviewing and enacting legal normative documents; inspecting, handling, reviewing, and systematizing legal normative documents; rewarding and disciplining.

Article 2. This Regulation applies to entities, organizations, and individuals involved in drafting, reviewing, enacting, reviewing, systematizing, inspecting, and handling legal normative documents on education.

Article 2. Legal normative documents

Clause 1. Legal normative documents as prescribed in this Regulation must include the following elements:

a) Issued by state agencies or persons with authority in the form of documents prescribed in Clause 3 of this Article;

b) Issued according to procedures and steps prescribed in the Law on Enacting Legal Normative Documents, the Law Amending and Supplementing Certain Provisions of the Law on Enacting Legal Normative Documents, decrees guiding the implementation of the Law, and this Regulation;

c) Containing general rules of conduct applicable repeatedly to all subjects or a group of subjects, effective nationwide or in specific localities;

d) Guaranteed by the State for implementation through measures prescribed by law.

Clause 2. Documents issued by state agencies or persons with authority but lacking the elements of legal normative documents as prescribed in Clause 1 of this Article, such as: resolutions of the National Assembly on legislative programs and amendments to legislative programs; resolutions of the Government on programmatic resolutions and decrees and amendments to programmatic resolutions and decrees; resolutions of the National Assembly on the removal, dismissal, or approval of election results for National Assembly deputies and other positions; decisions approving personnel quotas and administrative management budgets for agencies and units; decisions on establishing agencies and units; decisions on setting economic and social targets for agencies and units; decisions establishing temporary steering committees, councils, and commissions to perform tasks within a specified period; presidential decrees announcing laws and ordinances; decisions approving charters of associations and non-governmental organizations; decisions on salary increases, rewards, punishments, and job transfers; decisions on appointing, removing, dismissing, resigning, temporarily suspending civil servants and public officials; decisions on administrative violations; internal normative documents of agencies and units; individual documents to launch campaigns, commend good deeds and people; individual documents with administrative guidance or professional guidance nature and other individual documents to resolve specific cases involving specific subjects are not considered legal normative documents and are not within the scope of regulation of this Regulation.

Clause 3. Legal normative documents as prescribed in this Regulation include:

a) Laws, ordinances, and resolutions that the Ministry of Education and Training is assigned to draft or organize the drafting of for submission to the National Assembly or the Standing Committee of the National Assembly for enactment;

b) Resolutions, decrees, decisions, and directives that the Ministry of Education and Training is assigned to draft or organize the drafting of for submission to the Government or the Prime Minister for enactment;

c) Decisions, directives, and circulars issued by the Minister of Education and Training within their authority to implement state management functions over education;

d) Joint documents between the Ministry of Education and Training and Ministries, ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy, and central bodies of political-social organizations;

đ) Legal normative documents issued by the Minister, People's Councils, and People's Committees at provincial level related to the field of education.

Article 3. Legal regulatory documents issued by the Minister of Education and Training.

1. Based on the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, decisions of the President, resolutions, decrees of the Government, decisions, directives of the Prime Minister, the Minister of Education and Training issues decisions, directives, circulars.

a) Decisions of the Minister of Education and Training stipulate the organization and operation of subordinate agencies and units; set standards, procedures, regulations, economic and technical norms for education; prescribe measures to implement state management functions in education and tasks assigned by the Government;

b) Directives of the Minister of Education and Training stipulate measures to guide, urge, coordinate, and inspect the activities of agencies and units under the Ministry's jurisdiction in implementing higher-level state agency legal regulatory documents and those of the Ministry;

c) Circulars of the Minister of Education and Training to guide the implementation of provisions on education assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions, decrees of the Government, decisions, directives of the Prime Minister.

2. Joint documents between the Ministry of Education and Training and other Ministries, agencies at the ministerial level, the Supreme People's Court, the Supreme People's Procuracy, central agencies of political-social organizations.

Article 4. Requirements for legal regulatory documents issued by the Minister of Education and Training.

1. Legal regulatory documents issued by the Minister of Education and Training must meet the following requirements:

a) Legal regulatory documents must be consistent with higher-ranking legal regulatory documents, ensuring constitutional and legal compliance, and the consistency of the legal regulatory document system;

b) Legal regulatory documents must be expressed in Vietnamese; the language used in the document must be accurate and common; the expression must be simple and easy to understand;

c) Legal regulatory documents must record the number, date, month, year, issuing authority; they must have all necessary seals, signatures, full names, and titles of authorized signatories;

d) The abbreviation of the issuing authority of legal regulatory documents is abbreviated using uppercase letters of the first character of each word in the name of the Ministry, without abbreviating the conjunction "and". Example: MOET. For joint document authorities, abbreviations are made using uppercase letters of the main drafting agency's name; abbreviations using uppercase letters of each participating agency's name in alphabetical order according to Vietnamese.

2. The format and presentation techniques of legal regulatory documents shall be implemented in accordance with the provisions of the Joint Circular No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Ministry of Home Affairs and the Office of the Government.

Article 5. Effective date of legal regulatory documents.

1. Legal regulatory documents of the Minister, joint legal regulatory documents where the Ministry is a signatory must specify the effective date within the document. Determining the effective date is carried out according to the following principle:

a) The effective date of the document is fifteen days after its publication in the Official Gazette.

b) For documents requiring time for publicity and dissemination of their contents to the enforcement subjects or to prepare conditions for implementation, the effective date may be later than fifteen days from the date of publication in the Official Gazette and must be specifically stated in the document;

c) The retroactive effect of the document is implemented according to the provisions of Article 76 of the Law on Issuing Legal Regulatory Documents;

d) For provisions in detailed implementation documents that benefit the application subjects, the application date of such provisions is calculated from the effective date of the detailed implementation document and must be specifically stated in the detailed implementation document;

đ) For provisions in detailed implementation documents concerning obligations or sanctions detrimental to the application subjects, the effective date is calculated from the effective date of the detailed implementation document.

2. Effective date of legal regulatory documents containing state secrets:

a) In cases where legal regulatory documents contain state secrets but do not provide emergency implementation measures or solutions for sudden issues, the effective date cannot be earlier than fifteen days from the date of issuance and must be specifically stated in the document;

b) In cases where legal regulatory documents containing state secrets provide emergency implementation measures or solutions for sudden issues, the effective date can be determined from the date of issuance and must be specifically stated in the document.

Article 6. Responsibilities of Units under the Ministry of Education and Training in Drafting Regulatory Legal Documents

1. Only units under the Ministry of Education and Training that have the function of assisting the Minister in managing state affairs in education shall have the authority and responsibility to submit draft regulatory legal documents to the Minister for review.

2. The head of the unit primarily responsible for drafting shall be responsible for:

a) Coordinating with related units to submit to the Minister for decision on establishing the Drafting Board, Drafting Team, or Editing Team according to their authority in cases where such boards or teams must be established as required by regulations, or proposing and compiling submissions to the Minister for the Minister to submit to the competent authority for establishment of the Drafting Board;

b) Organizing the drafting of regulatory legal documents in accordance with the prescribed procedures and regulations; submitting the file for soliciting comments; ensuring sufficient time for units to provide comments as stipulated in Point b, Clause 1, Article 13 of this Regulation.

c) Timely reporting and seeking guidance from the Deputy Minister or the Minister regarding issues arising during the drafting process;

d) Submitting the file requesting review; ensuring sufficient time for the Department of Legal Affairs to conduct the review of the draft as stipulated in Clause 2, Article 16 of this Regulation. Organizing submission to the Minister or the Deputy Minister authorized by the Minister to sign and promulgate regulatory legal documents;

đ) Being accountable to the Minister for the progress and content of the draft from the time the drafting task is assigned until the formal issuance of the document.

3. Units under the Ministry of Education and Training that are responsible for soliciting opinions shall:

a) Participate in providing comments on draft documents within the specified timeframe;

b) The head of the unit responsible for soliciting opinions shall be accountable to the Minister for providing written comments on the content of provisions within the specialized field of their unit as assigned, in accordance with the regulations.

4. The Director of the Department of Legal Affairs has the authority and responsibility to:

a) Lead coordination with related units to propose annual and long-term legislative programs to the Minister and organize the implementation of the legislative program;

b) Guide compliance with regulations on drafting regulatory legal documents; urge the primary drafting unit to complete the drafting process within the stipulated timeline;

c) Conduct legal review of draft regulatory legal documents within the authority of the Minister of Education and Training before the primary drafting unit submits them to the Minister of Education and Training for signature and promulgation;

d) Provide final legal opinion on draft documents before the Ministry of Education and Training submits them to the Prime Minister, the Government, the Standing Committee of the National Assembly, or the National Assembly for issuance;

đ) Be accountable to the Minister of Education and Training for the legality of reviewed drafts, ensuring that the form and content of the draft do not conflict with higher-ranking current regulatory legal documents and do not overlap with current regulatory legal documents;

e) Based on proposals from the primary drafting unit and opinions from the Ministry's leadership, the Department of Legal Affairs may assign personnel to participate in the drafting process from the outset;

g) Lead the drafting of documents according to the division of labor by the Ministry's leadership.

5. The Office shall be responsible for:

Being accountable to the Minister for administrative work including recording the files submitted for regulatory legal documents; affixing seals, numbering, and dating the issuance of regulatory legal documents; retaining original copies and sending copies of issued regulatory legal documents to relevant agencies and organizations.

6. Monthly, under the leadership of the Deputy Minister in charge of legal affairs, the Department of Legal Affairs will coordinate with the Office to hold meetings to review the situation of drafting and issuing regulatory legal documents of the Ministry.

Article 7. Budget for drafting, inspecting, processing, reviewing, and systematizing normative legal documents of the Ministry of Education and Training

1. Annual budget planning:

a) Based on the assigned program to build normative legal documents and current financial regulations, the leading unit responsible for drafting the document shall prepare the annual budget plan for the work of building normative legal documents, including the budget for preparing draft laws, ordinances, decrees, resolutions; the budget for drafting documents, organizing seminars, surveys, reviews, systematization of normative legal documents, and the budget for reviewing and examining documents;

b) The Legal Department shall lead in preparing the annual budget plan for the work of drafting, inspecting, processing, and reviewing systematization of normative legal documents of the Ministry of Education and Training according to current regulations, coordinating with the Planning and Finance Department to submit to the Minister for decision;

c) Based on the established budget plan and the review opinion of the Ministry of Finance, the Planning and Finance Department proposes for the Ministry's leadership to decide on the allocation of the budget for drafting, inspecting, processing, and reviewing systematization of normative legal documents to relevant units.

2. Payment and settlement:

a) Based on the allocated budget plan and state expenditure regulations, units are responsible for developing detailed budget estimates for drafting, inspecting, processing, and reviewing systematization of normative legal documents;

b) The settlement of the budget for the work of drafting, inspecting, processing, and reviewing systematization of normative legal documents shall be carried out in accordance with the provisions of the law.

3. The Office of the Ministry of Education and Training manages the budget for drafting, inspecting, processing, and reviewing systematization of normative legal documents allocated to units. Units may use this budget to cover expenses for organizing and implementing the drafting, inspecting, processing, and reviewing systematization of normative legal documents in accordance with the provisions of the law.

Article 8. Hiring for Drafting Normative Legal Documents

Based on assigned tasks, the leading unit responsible for drafting shall coordinate with the Legal Department and the Planning and Finance Department to propose to the Ministry's leadership options for hiring organizations, experts, and individuals to participate in the drafting of normative legal documents.

Chapter II

||| DRAFTING LEGAL INSTRUMENTS

Article 9. Establishment of Drafting Committees, Editorial Teams for Law and Ordinance Projects, Draft Resolutions of the National Assembly and Standing Committee of the National Assembly, and Draft Decrees of the Government to Address Urgent Issues That Are Not Yet Sufficiently Conditioned for Law or Ordinance Formulation to Meet State Management Requirements, Economic Management, and Social Management.

1. Composition of the Drafting Committee:

The Chairperson is the Minister of Education and Training. Other members include representatives from the Ministry of Justice, the Office of the Government, related agencies and organizations, experts, and scientists. Other members of the Drafting Committee must be department heads or equivalent or higher positions;

The number of Drafting Committee members is at least 9 (nine) people, of which representatives from the Ministry of Education and Training and related agencies and organizations account for 2/3 (two-thirds) of the total number of Drafting Committee members, the remainder being experts and scientists.

2. Composition of the Editorial Team:

The Editorial Team consists of 1/2 (one-half) of the members being experts from the Ministry of Education and Training (the leading drafting unit), the rest being experts from agencies and organizations represented as members of the Drafting Committee, experts, and scientists knowledgeable about the specialized issues within the scope of the project or draft. The number of Editorial Team members is at least 12 (twelve) people.

3. Authority to Establish the Drafting Committee and Editorial Team:

a) Drafting Committee:

The Prime Minister establishes the Drafting Committee for the documents stipulated in this Article. In cases where the law and ordinance projects, draft resolutions of the National Assembly and Standing Committee of the National Assembly involve multiple sectors and fields, the Prime Minister requests the Standing Committee of the National Assembly to establish the Drafting Committee;

The Minister of Education and Training establishes the Drafting Committee for projects and drafts when authorized by the Prime Minister.

b) Editorial Team: The Chairperson of the Drafting Committee establishes the Editorial Team to assist the Drafting Committee in performing its tasks. The Editorial Team operates under the direction of the Chairperson of the Drafting Committee.

Article 10. Establishment of the Drafting Board and Editorial Group for draft resolutions and decrees of the Government; decisions and directives of the Prime Minister.

1. In cases where a draft law or ordinance, or a draft resolution of the National Assembly or the Standing Committee of the National Assembly requires guidance on implementation, the Drafting Board for the draft law, ordinance, or resolution shall be responsible for drafting the decree to guide implementation.

2. In cases where a draft law, ordinance, or draft resolution of the National Assembly or the Standing Committee of the National Assembly requires multiple decrees to provide detailed regulations or guidance on implementation, upon the proposal of the Head of the Drafting Board for the draft law, ordinance, or resolution, the Prime Minister will assign the competent agency to draft the decrees, and the head of the competent agency will establish a Drafting Board to draft the decrees.

3. The Minister of Education and Training shall establish the Drafting Board for the draft resolutions and decrees of the Government, except for the cases specified in Clause 1 and Clause 2 of this Article.

4. The Drafting Board established according to the provisions of Clause 2 and Clause 3 of this Article shall have the function of advising the competent agency in the preparation of draft documents.

The Drafting Board shall consist of: The Chairman being a representative from the Ministry of Education and Training; Other members being representatives from the Ministry of Justice, the Office of the Government, relevant agencies and organizations, experts, and scientists.

Members of the Drafting Board must be individuals who understand the specialized issues related to the draft, and have time to participate in the activities of the Drafting Board. The number of members of the Drafting Board shall be at least nine (9) people, with representatives from relevant agencies and organizations, experts, and scientists comprising two-thirds (2/3) of the total number of members of the Drafting Board.

5. The establishment of the Editorial Group for draft resolutions and decrees of the Government, the Drafting Board, and the Editorial Group for draft decisions and directives of the Prime Minister shall be carried out according to the provisions of Article 9 of this Regulation.

Article 11. Tasks of the Drafting Board; Editorial Group; Head of the Drafting Board, members of the Drafting Board, and Editorial Group in drafting normative legal documents of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister.

Implemented according to the provisions of the Regulation on the organization and operation of the Drafting Board issued together with Decision No. 03/2007/QĐ-TTg dated January 10, 2007 of the Prime Minister.

Article 12. Establishment of the Drafting Board and Drafting Team for normative legal documents within the promulgation authority of the Minister of Education and Training.

1. If necessary, if the draft document has complex content and involves many sectors and units, the main drafting unit shall submit to the leadership of the Ministry to establish a Drafting Board or a Drafting Team to draft documents within the authority of the Minister of Education and Training.

2. Composition of the Drafting Board and Drafting Team: The main drafting unit shall submit to the Minister of Education and Training for decision.

Article 13. Procedure for drafting normative legal documents.

1. For documents within the promulgation authority of the Minister of Education and Training:

a) The unit assigned the task of organizing the drafting of the document shall be responsible for organizing the summary of the implementation of the law; surveying and evaluating the current social relations; researching information and materials related to the content of the draft; preparing the outline, compiling, and revising the draft, preparing the submission report and related documents; organizing the solicitation of opinions from relevant agencies, organizations, and individuals, depending on the nature and content of the draft; submitting to the Legal Affairs Department for comments on the draft outline;

b) Relevant units requested for comments shall be responsible for replying within the deadline stated in the request for comments but not less than five (5) working days from the date of receipt of the document. After the deadline stated in the request for comments, if there is no feedback, it shall be considered as agreement with the draft document, except in cases of legitimate reasons and prior notification to the main drafting unit;

c) Based on the opinions of relevant organizations and individuals, the main drafting unit shall organize research, adoption, and revision of the draft;

d) The main drafting unit shall send the final draft to relevant units requesting further comments. If agreed, the relevant units shall sign on the submission report of the normative legal document. If there is disagreement with the draft, the relevant units shall sign on the submission report of the normative legal document and retain their opinions in the accompanying document;

The main drafting unit shall submit the draft incorporating the comments of relevant units to the leadership of the Ministry for review and comment.

e) After completing the above steps in Clause 1 of this Article, the main drafting unit shall finalize the draft document, which the head of the unit shall sign in the lower right corner of each page and submit the review file to the Legal Affairs Department for review.

If agreeing with the draft, the Legal Affairs Department shall sign the review on the submission report of the normative legal document and sign in the lower left corner of each page of the draft document. If disagreeing with the draft, the Legal Affairs Department shall provide written comments to the main drafting unit for consideration, adoption, and revision of the draft. In case of disagreement between the main drafting unit and the Legal Affairs Department, the main drafting unit shall explain its position in the explanatory memorandum, and the Legal Affairs Department shall sign the submission report of the normative legal document but clearly note the retained opinion and sign in the lower left corner of each page of the draft document;

f) The main drafting unit shall submit the draft for signature by the Minister (or Deputy Minister authorized by the Minister).

2. For documents within the promulgation authority of the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister, the drafting unit shall be responsible for:

a) Implementing the steps as stipulated in point a, b, and c of Clause 1 of this Article, then transferring to the Legal Affairs Department for comments;

b) The main drafting unit shall finalize the draft and submit it to the leadership of the Ministry for signing a letter requesting review to be sent to the Ministry of Justice;

c) After receiving the review opinion of the Ministry of Justice, the leading unit responsible for drafting shall coordinate with the Legal Department to incorporate and revise the draft if it agrees with the Ministry of Justice's opinion. In cases where there is disagreement with the Ministry of Justice's review opinion, the Ministry of Education and Training retains its opinion in the report and sends both the report and the draft document to the Government Office.

The leading unit responsible for drafting bears responsibility for the quality of the document and monitors the document until it is officially promulgated.

Chapter III

REVIEW AND PROMULGATION

CONSOLIDATED LEGAL DOCUMENT

Article 14. Documents for Soliciting Opinions and Reviewing Draft Regulatory Documents

1. Documents for soliciting opinions include:

a) A letter requesting opinions;

b) The draft regulatory document;

c) An explanation of the drafting process of the document including: the necessity of issuing the document; the drafting process, structure of the draft document, and other differing opinions (for documents within the authority of the Minister to issue); the report to the Government, Prime Minister (for projects and drafts within the authority of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister to issue).

2. The dossier for examination includes:

a) For draft regulatory documents within the authority of the Minister to issue:

- The report on the regulatory document signed by the head of the unit;

- An explanation of the drafting process of the document;

- The draft document;

- Written comments from relevant agencies, units, organizations, and individuals; a summary of incorporated comments;

- Relevant documents and files serving as the basis for issuance, guidance on implementation, amendment, and supplementation;

- Other relevant documents.

b) For draft regulatory documents of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister:

- A letter requesting review;

- The draft report to the Government on the bill, ordinance, draft resolution of the National Assembly, Standing Committee of the National Assembly, draft decree, resolution of the Government, draft report to the Prime Minister on the draft decision, directive of the Prime Minister;

- The draft document;

- A summary of opinions from ministries, sectors, agencies, and related organizations on the project, draft, and copies of their opinions; a summary of opinions from entities directly affected by the document, public opinions on the project, draft (if applicable); an explanation regarding the incorporation or non-incorporation of comments into the project, draft.

c) Number of documents submitted for review:

- 02 (two) sets for draft decisions, directives, circulars of the Minister of Education and Training;

- 10 (ten) sets for bills, ordinances of the National Assembly, Standing Committee of the National Assembly, draft resolutions of the National Assembly, Standing Committee of the National Assembly, draft resolutions, decrees of the Government, draft decisions, directives of the Prime Minister.

3. During the drafting process, upon the leadership's direction of the Ministry, the Information Technology Department is responsible for coordinating with the leading unit responsible for drafting to solicit opinions on the website of the Ministry.

Article 15. Review Units

1. The Legal Department of the Ministry of Education and Training reviews the legality of draft regulatory documents within the authority of the Minister of Education and Training to issue, and provides legal opinions on other draft documents.

2. Draft regulatory documents within the authority of the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, which are drafted by the Ministry of Education and Training, shall be sent to the Ministry of Justice for review.

Article 16. Content and Time Limit for Review

1. The content of reviewing draft regulatory documents includes:

a) The necessity of promulgating the document;

b) Scope of application and regulated entities;

c) The constitutionality, legality, consistency, and coherence of the draft regulatory document within the current legal system and the feasibility of the document;

d) Compliance with international treaties to which the Socialist Republic of Vietnam is a party;

đ) The form, drafting technique, and legal language of the draft regulatory document;

2. The time limit for reviewing draft regulatory documents within the authority of the Minister of Education and Training to issue is from seven to twelve working days, counted from the date of receiving complete valid files.

Article 17. Procedures for Signing Regulatory Documents

After receiving the review file from the Legal Department, the main drafting unit shall submit to the Minister (or Deputy Minister authorized by the Minister) for signing and issuing the document.

The main drafting unit is responsible for the submission file of the document, the quality of the document, and monitoring the document until it is officially issued by the Minister.

Article 18. Issuing Regulatory Documents

1. Immediately after the regulatory document is signed and issued by the Minister of Education and Training, the Office will stamp, number, and record the issuance date of the regulatory document, send copies of the document to relevant agencies and units, and retain four original copies (one copy with a small signature for storage, three copies for publication in the Official Gazette).

Within two working days from the date of signing and issuing, the Office is responsible for sending the regulatory document (document + CD or sent via electronic network) to the Official Gazette agency for publication.

On the same day the document is stamped, the main drafting unit is responsible for sending the signed and stamped regulatory document to the Legal Department (two copies + CD) for the Legal Department to store, monitor, and organize the review and systematization of regulatory documents according to regulations. At the same time, the Office is responsible for sending to the Central Information Technology Agency (one copy + CD) to post on the Ministry's website.

2. For issued documents published in the Official Gazette, if errors in the format or presentation of the document are discovered, the main drafting unit of the document is responsible for organizing the correction by drafting a corrective decision. The corrective decision must be signed by the leader who signed the original document and immediately transferred to the Office to be sent to the Official Gazette agency for publication in the earliest issue.

Chapter IV

INSPECTION, HANDLING, REVIEW, AND SYSTEMATIZATION

CONSOLIDATED LEGAL DOCUMENT

Article 19. Purpose of Inspecting Regulatory Documents

Inspection of documents is conducted to identify illegal contents in the documents to promptly stop their implementation, amend, revoke, or annul them, ensuring the constitutionality, legality, and consistency of the legal system, while recommending the competent authorities to determine the responsibility of those who have issued illegal documents.

Article 20. Methods of Inspecting Regulatory Documents

Inspection of documents is carried out through the following methods:

1. The Legal Department of the Ministry of Education and Training takes the lead in organizing self-inspection of regulatory documents on education issued by the Minister of Education and Training and joint documents issued by the Minister of Education and Training together with other Ministers, Heads of equivalent Ministries, the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and central bodies of political-social organizations.

The Legal Department of the Ministry of Education and Training is responsible for leading and organizing inspections of documents issued by the Minister or jointly issued when:

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

b) Receiving requests, recommendations, or notifications from competent inspection agencies or other organizations, individuals, and mass media about documents issued by the Ministry that appear to violate laws or are no longer appropriate.

2. Inspect regulatory documents concerning areas of state management in education issued by the Minister, Heads of equivalent Ministries, Provincial People's Councils, and Provincial People's Committees.

The Legal Department of the Ministry of Education and Training leads in assisting the Minister of Education and Training to carry out inspections of regulatory documents issued by the Minister, Heads of equivalent Ministries, Provincial People's Councils, and Provincial People's Committees upon receipt of such documents; assists the Minister in organizing specialized, regional, or sectoral inspections of regulatory documents related to education within the Minister's inspection authority.

Article 21. Procedures, formalities, and files for inspecting and handling regulatory legal documents

The procedures, formalities, and files for inspecting and handling regulatory legal documents shall be carried out in accordance with the provisions of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspecting and handling regulatory legal documents and Circular No. 01/2004/TT-BTP dated June 16, 2004 of the Ministry of Justice guiding the implementation of certain articles of Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspecting and handling regulatory legal documents.

Article 22. Review and systematization of regulatory legal documents

1. Units under the Ministry shall have the responsibility to regularly review and systematize regulatory legal documents within their assigned fields. During the process of reviewing and systematizing regulatory legal documents, when discovering illegal documents, documents that are no longer suitable for practical circumstances, the unit must promptly submit to the Minister for consideration to suspend enforcement, amend, supplement, replace, or abolish the document according to its authority or propose the competent authority to suspend enforcement, amend, supplement, replace, or abolish the document.

2. Responsibilities of the Legal Affairs Department in reviewing and systematizing:

a) The Legal Affairs Department is the lead unit entrusted with the main task of coordinating with units under the Ministry to review and systematize regulatory legal documents on education.

b) The Legal Affairs Department has the responsibility to compile the results of reviewing and systematizing regulatory legal documents from agencies and units under the Ministry to report to the Minister and propose solutions for handling the results of reviewing and systematizing regulatory legal documents.

Chapter V

REWARD AND DISCIPLINE

Article 23. Reward and Discipline

1. The results of drafting regulatory legal documents are a standard criterion for assessing collectives and officials in annual competitive activities.

2. The Legal Affairs Department shall take the lead in coordinating with the Office and related units to compile and submit to the Ministry's leadership for consideration rewards for individuals and collectives with outstanding achievements in drafting regulatory legal documents.

3. Organizations, units, and individuals who fail to fulfill their responsibilities or violate this Regulation will be subject to disciplinary action as stipulated for officials and civil servants.