Circular No. 19/2015/TT-BYT stipulates on inspection, handling, review, and systematization of regulatory legal documents in the field of state management by the Ministry of Health.

CIRCULAR

PROVISIONS ON INSPECTION, HANDLING, REVIEW, AND SYSTEMATIZATION OF LEGAL REGULATORY DOCUMENTS IN THE FIELD OF STATE ADMINISTRATION UNDER THE MINISTRY OF HEALTH

Pursuant to the Law on Issuing Legal Regulatory Documents dated June 3, 2008;

Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;

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

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

Pursuant to Decree No. 16/2013/NĐ-CP dated February 6, 2013 of the Government on reviewing and systematizing normative legal documents;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

At the request of the Director of the Legal Department,

The Minister of Health issues this Circular prescribing the inspection, handling, review, and systematization of legal regulatory documents in the field of state administration under the Ministry of Health.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular prescribes the inspection of legal regulatory documents and documents containing legal regulations but issued improperly in terms of form and authority (hereinafter referred to as documents), handling of illegal documents; review and systematization of documents in the field of state administration under the Ministry of Health.

Article 2. Inspection of documents containing state secrets shall be carried out in accordance with Decision No. 42/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister promulgating regulations on inspection and handling of legal regulatory documents containing state secrets and provisions of laws on protecting state secrets.

Article 2. Applicability

This Circular applies to units under the Ministry of Health; Ministries, agencies at ministerial level, provincial People's Councils, municipal People's Committees directly under the central government when issuing documents within the scope of state administration under the Ministry of Health; organizations and individuals related to the work of inspecting, handling, reviewing, and systematizing legal regulatory documents in the field of state administration under the Ministry of Health.

Article 3. Documents within the scope of inspection, review, and systematization

Clause 1. Documents within the self-inspection scope of the Ministry of Health:

Point a) Circulars of the Minister of Health;

Point b) Joint Circulars between the Minister of Health and Ministers, Heads of agencies at ministerial level, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy;

Point c) Decisions and directives of the Minister of Health; Joint Circulars between the Ministry of Health and central agencies of political-social organizations issued before January 1, 2009 that have not been revoked, annulled, or replaced by other documents;

Point d) Documents containing legal regulations issued by the Ministry of Health or its units improperly in terms of form and authority discovered, requested, or recommended by agencies, organizations, or individuals, specifically as follows:

- Documents containing legal regulations issued by the Minister of Health but not issued in the form of circulars or joint circulars;

- Documents having the form of legal regulatory documents or documents not having the form of legal regulatory documents but containing legal regulations (decisions, directives, circular letters, announcements, regulations, rules, charters, programs, plans, guidelines, and other administrative document forms) issued by agencies or individuals without authority to issue legal regulatory documents (Deputy Ministers, heads of units under the Ministry of Health).

Clause 2. Documents within the inspection scope of the Ministry of Health include those containing provisions related to the field of state administration under the Ministry of Health, including:

Point a) Circulars of Ministers, Heads of agencies at ministerial level;

Point b) Resolutions of Provincial People's Councils; Decisions and directives of Provincial People's Committees;

Point c) Decisions and directives of Ministers, Heads of agencies at ministerial level issued before January 1, 2009 that have not been revoked, annulled, or replaced by other documents;

Point d) Documents containing legal regulations issued improperly in terms of form and authority by other agencies discovered, requested, or recommended to be sent to the Ministry of Health, specifically as follows:

- Documents containing health-related legal regulations issued by Ministers, Heads of agencies at ministerial level but not issued in the form of circulars or joint circulars;

- Documents containing health-related legal regulations issued by Provincial People's Councils, Municipal People's Committees but not issued in the form of resolutions of People's Councils, decisions, or directives of People's Committees;

- Documents containing health-related legal regulations or documents having the form and content similar to legal regulatory documents issued by Heads of agencies under the Government, Heads of units directly under Ministries, agencies at ministerial level, agencies under the Government, Chairmen of People's Committees at all levels, Heads of specialized agencies under Provincial People's Committees.

Clause 3. Documents within the review and systematization scope of the Ministry of Health include those containing provisions related to the field of state administration under the Ministry of Health, including:

Point a) Laws, Resolutions of the National Assembly;

Point b) Ordinances, Resolutions of the Standing Committee of the National Assembly;

Point c) Orders, Decisions of the President;

Point d) Decrees of the Government;

Point đ) Decisions of the Prime Minister;

Point e) Joint Circulars;

Point g) Circulars of Ministers, Heads of agencies at ministerial level;

Point h) International treaties to which the Socialist Republic of Vietnam is a party;

Point i) Decisions and directives of Ministers, Heads of agencies at ministerial level; Joint Circulars between Ministries, agencies at ministerial level and central agencies of political-social organizations issued before January 1, 2009 that have not been revoked, annulled, or replaced by other documents.

Chapter II

INSPECTION AND HANDLING OF LEGAL REGULATORY DOCUMENTS IN THE FIELD OF STATE ADMINISTRATION UNDER THE MINISTRY OF HEALTH

Section 1. SELF-AUDIT OF HEALTH REGULATORY DOCUMENTS

Article 4. Responsibilities for Self-Audit

1. Departments, Bureaus, General Departments, Office of the Ministry, and the Inspectorate under the Ministry of Health shall be responsible for organizing regular self-audits and audits upon receiving requests or recommendations concerning regulatory documents stipulated in Clause 1, Article 3 of this Circular, which were primarily drafted or jointly drafted and submitted to the Minister of Health for signature and issuance or joint issuance by their units, and self-audits according to the division of labor assigned by the leadership of the Ministry of Health.

2. The Legal Department of the Ministry of Health shall be responsible for organizing self-audits of documents in accordance with Clause 1 of this Article and serving as the focal point to assist the Minister of Health in document self-audit work. In cases where necessary, the Director of the Legal Department may examine and decide to conduct inspections of all documents within the scope of self-audit of the Ministry of Health.

Article 5. Content of Self-Audit of Documents

The content of self-audit of documents involves reviewing, evaluating, and concluding on the constitutionality and legality of the documents in accordance with Article 3 of Decree No. 40/2010/ND-CP dated April 12, 2010, of the Government on inspection and handling of regulatory legal documents (hereinafter referred to as Decree No. 40/2010/ND-CP) and Article 3 of Circular No. 20/2010/TT-BTP dated November 30, 2010, of the Minister of Justice detailing the implementation of certain provisions of Decree No. 40/2010/ND-CP dated April 12, 2010, of the Government on inspection and handling of regulatory legal documents (hereinafter referred to as Circular No. 20/2010/TT-BTP).

Article 6. Submission of Documents for Self-Audit Work

1. Within the latest three working days from the date of signing and issuing the document, the drafting unit that has advised the Minister of Health to issue or jointly issue the documents stipulated in points a, b, and c of Clause 1, Article 3 of this Circular must submit one original copy to the Legal Department of the Ministry of Health for consolidation, monitoring, and inspection when assigned by the leadership of the Ministry of Health.

2. When discovering signs of illegality in documents issued or jointly issued by the Ministry of Health as stipulated in Clause 1, Article 3 of this Circular, the agency, organization, or individual discovering such signs must notify the Ministry of Health to organize self-audits according to their authority. The Office of the Ministry of Health is responsible for coordinating with the Legal Department to identify the unit that advised on the issuance of the document to transfer it for self-audit in accordance with regulations.

Article 7. Receipt of Documents for Self-Audit Upon Request, Recommendation, and Recording in the Inspection Document Monitoring Register

1. Upon receipt of requests or recommendations regarding documents issued or jointly issued by the Ministry of Health that show signs of illegality, the receiving unit must clearly record the date of receipt on the incoming document stamp.

2. The self-audit unit must clearly record information about regularly audited documents and those audited upon request or recommendation in the register of regulatory legal documents received according to the model specified in Appendix 1 to monitor the self-audit process.

Article 8. Procedure for Regular Self-Audit of Documents After Issuance

1. Within ten working days from the date of issuing the document, the head of the unit under the Ministry of Health that primarily developed the document must organize a self-audit and assign someone to audit the document. Depending on the requirements of the document being audited, the Head of the Unit decides whether to invite health ministry collaborators to participate in auditing the document or seek expert opinions on the document being audited.

2. The person auditing the document is responsible for studying and auditing the entire document, comparing the provisions of the document being audited with the legal basis stipulated in Article 6 of Decree No. 40/2010/ND-CP and Article 4 of Circular No. 20/2010/TT-BTP to review, evaluate, and conclude on the constitutionality and legality of the document being audited.

3. The person auditing the document must sign and clearly record the date of audit at the top corner of the document they have audited to confirm the audit and the audit date.

4. If no signs of illegality are found in the document, the auditor must prepare a Summary of Audit Results of the Document according to the model specified in Appendix 02, including: name of the document being audited, legal basis document for the audit, conclusion opinion on the document being audited, unresolved opinions (if any), and the auditor's viewpoint on the matter, and proposed handling measures for the document being audited (if any).

5. If signs of illegality are found in the document, the auditor must prepare an Inspection Form of Documents Showing Signs of Illegality according to the model specified in Appendix 03 and a File on Regulatory Legal Documents Containing Illegal Content according to the model specified in Appendix 04, replacing the Summary of Audit Results of the Document stipulated in Clause 4 of this Article, and clearly state the handling plan. The proposal for handling measures follows the provisions of Clause 5, Article 9 of Circular No. 20/2010/TT-BTP. The Head of the Self-Audit Unit must examine and sign to confirm the Inspection Form of Documents Showing Signs of Illegality.

In necessary cases, discussions within the unit, seeking expert opinions, or opinions from related units may be organized before signing confirmation.

6. If signs of illegality are found in the document, within the latest three working days from the date of the audit results, the unit must notify and submit the File on Documents Containing Illegal Content along with the handling plan for illegal documents to the Legal Department for coordinated inspection and handling in accordance with Article 9 of this Circular.

Article 9. Self-inspection procedure for documents showing signs of violation of laws

1. The Legal Affairs Department shall inspect the Ministry of Health's documents showing signs of violation of laws after receiving the results of regular self-inspection from the main drafting unit:

a) Within no more than 10 (ten) working days from the date of receipt of the file on the document containing illegal content, the Legal Affairs Department of the Ministry of Health shall be responsible for organizing the inspection and notifying the results to the main drafting unit according to the procedures and formalities stipulated herein;

b) In cases where the Legal Affairs Department and the main drafting unit reach a consensus on the illegal content of the document and the measures to handle it, within no more than 03 (three) working days from the date of receipt of the inspection results of the Legal Affairs Department, the head of the main drafting unit shall take the lead and coordinate with the Director of the Legal Affairs Department to compile and report to the Minister the results of the document inspection along with the file on the document containing illegal content, draft decision on handling, and draft amended document (if any) for the Minister's consideration and decision.

The report must clearly state the name of the document subject to self-inspection; legal basis for self-inspection; process of organizing self-inspection; illegal content of the inspected document; opinions of the Legal Affairs Department, the main drafting unit, and related agencies, organizations, and units regarding the results of self-inspection and handling of the document; necessity and specific handling plan for the document in accordance with the forms prescribed in Article 11 of this Circular and the draft amendment or replacement document (if any), deadline for handling, remedial measures (if any), and proposal for responsibility handling form for individuals and organizations involved.

If the handling measure is suspension, revocation, or abolition of part or all of the content of the document, the Legal Affairs Department shall draft the handling decision. If the proposed measure is amending part or all of the content of the document, the main drafting unit must immediately draft the amended or replacement document. For issues with complex content requiring additional time for research to draft the amended document, the main drafting unit must issue a document clearly stating the reasons and determining the submission deadline for the document. In such cases, the draft handling decision must clearly specify the suspension of implementation of part or all of the document containing illegal content.

c) In cases where the inspection results of the Legal Affairs Department and the main drafting unit do not reach a consensus, the main drafting unit must submit its opinion in writing to the Legal Affairs Department and report the inspection results to the Minister in accordance with Point b Clause 1 of this Article, clearly stating the viewpoint of the drafting unit, the viewpoint of the Legal Affairs Department, and the proposed handling plan along with relevant documents and materials.

2. Self-inspection of documents upon receipt of notification or request, suggestion:

a) Within no more than 03 (three) working days from the date of receipt of the notification, request, or suggestion from the competent state agency to inspect the document, based on the date stamp on the document received, the head of the unit under the Ministry of Health shall be responsible for organizing self-inspection and handling according to the provisions of this Article and sending the results to the Legal Affairs Department for inspection and handling according to the provisions of Clause 1 of this Article;

b) In cases where the document does not fall within the scope of self-inspection, within no more than 03 (three) working days from the date of receipt of the notification, request, or suggestion, the head of the unit under the Ministry shall be responsible for notifying in writing and transferring related documents to the main drafting unit or to the Legal Affairs Department (in cases where the main drafting unit cannot be identified or as assigned by the Ministry's leadership) for inspection.

Article 10. Organization of self-inspection coordination for joint documents issued by the Ministry of Health

1. The organization of self-inspection for joint documents issued by the Ministry of Health shall be carried out in accordance with Articles 8 and 9 of this Circular, while coordinating and unifying with the legal affairs organization or other relevant units of the Ministry or equivalent ministry that have jointly signed the document.

2. The leading unit responsible for inspecting the document shall submit a formal letter to the leadership of the Ministry of Health for signature to seek the official opinions of the leaders of the agencies and organizations participating in signing the document on the results of self-inspection and proposed measures before reporting to the Minister.

3. In cases where the content of the joint document shows signs of violating laws within the scope of management of other agencies or organizations participating in signing the document, the leading unit responsible for inspecting the document shall notify those agencies and organizations to conduct their own inspection and handling.

Article 11. Forms of Handling Documents Containing Content Contrary to Law

1. The forms of handling for documents specified in Points a, b, and c Clause 1 Article 3 of this Circular shall be implemented according to the provisions of Decree No. 40/2010/NĐ-CP, Articles 27, 28, 29, and 30.

2. The form of handling for documents specified in Point d Clause 1 Article 3 of this Circular shall be carried out as follows:

a) Repeal the entire document in cases where the document has the format and content of a regulatory legal document issued by someone without authority to issue it.

b) Repeal the legal regulations in the document issued by someone with authority but not in accordance with the prescribed document format; legal regulations in the document issued by someone without authority to issue it.

c) In cases where it is necessary to replace the document specified in Point d Clause 1 Article 3 of this Circular, the leading drafting unit shall draft the document for submission to the Minister for issuance in accordance with the law.

3. The examination and handling of responsibility for individuals and agencies that have issued illegal documents shall be carried out in accordance with Article 34 of Decree No. 40/2010/NĐ-CP.

Article 12. Examination and Decision on Handling Documents Containing Content Contrary to Law

1. Based on reports and files regarding documents containing content contrary to law, the Minister shall examine and decide on the handling of such documents. If necessary, the Minister may request the Director of the Legal Affairs Department, the head of the unit that drafted the document, and other related units to report directly and exchange opinions with Deputy Ministers before making a decision.

2. After examination, the Minister shall sign the decision on handling documents containing content contrary to law.

3. The handling of joint documents containing content contrary to law, which the Ministry of Health has participated in issuing, shall be conducted based on consensus with the agencies and organizations that have jointly issued the document, and in accordance with the provisions of Decree No. 40/2010/NĐ-CP.

After obtaining the agreement of the Minister of Health on the handling measures, the leading drafting unit and the Legal Affairs Department shall coordinate and unify with the legal affairs organization or relevant unit of the Ministry or equivalent ministry, or other agency that has jointly signed the document to report to the leadership of the agencies that have jointly signed the document to reach consensus and issue the handling document.

4. The deadline for handling documents showing signs of being contrary to law shall be implemented according to the provisions of Article 23 of Decree No. 40/2010/NĐ-CP.

5. The Legal Affairs Department shall update the results of handling documents into the Register for Monitoring Handling of Documents Showing Signs of Being Contrary to Law according to the model specified in Appendix 5 for monitoring and urging the handling of documents.

Article 13. Notification of the Results of Handling Self-Inspection Documents

1. The results of handling illegal documents must be publicly announced in accordance with Article 8 of Decree No. 40/2010/NĐ-CP and Clause 5 of Circular No. 20/2010/TT-BTP, and sent to the agencies, organizations, or individuals who reported or suggested that the document was illegal.

The Office of the Ministry shall be responsible for posting on the Ministry of Health's electronic information portal and sending to the bulletin for publication the results of handling illegal documents no later than three working days from the date of the decision to handle, while simultaneously publicly announcing the results at the nearest meeting of the Ministry's leadership and department heads' coordination meetings.

2. For self-inspected documents, if the inspection report shows that the document was issued in accordance with the law, after reporting and obtaining the Minister's approval, the unit primarily drafting the document shall cooperate with the Legal Department to prepare a notification of the inspection results for the Deputy Minister in charge of legal work to sign and send to the agencies, organizations, or individuals who had reported, requested, or suggested regarding the document.

Section 2. INSPECTION OF HEALTH REGULATORY DOCUMENTS WITHIN AUTHORITY

Article 14. Responsibility for Inspection Within Authority

1. The Legal Department shall be responsible for assisting the Minister of Health in conducting regular inspections and inspections upon receiving requests or suggestions concerning documents specified in Clause 2, Article 3 of this Circular.

2. Departments, Bureaus, General Departments, the Office of the Ministry, and the Inspectorate of the Ministry of Health shall be responsible for coordinating with the Legal Department to conduct inspections of documents related to their areas of responsibility.

Article 15. Content of Document Inspection

The content of document inspection shall be carried out in accordance with Article 6 of this Circular.

Article 16. Sending Documents for Inspection Within Authority

1. Within the latest period of three working days from the date of signing and issuing the document, the drafting agency that advised the Minister of Health to issue or jointly issue the document must send one original copy to the agency or person authorized to inspect the document in accordance with Clause 1 and Clause 2 of Article 19 of Decree No. 40/2010/NĐ-CP and Articles 7 and 8 of Circular No. 20/2010/TT-BTP.

2. In the "Recipient" section of the document issued by the Ministry of Health, the following units must be clearly noted:

a) Ministry of Justice (Legal Document Inspection Department);

b) Legal organization of the ministry managing state administration in the relevant field regulated by the document for inspection within authority. For example, for documents related to organizational and personnel matters, the recipient should be noted as: Ministry of Home Affairs (Legal Department for inspection);

c) Legal Department of the Ministry of Health if not sent jointly to other departments, bureaus, general departments, inspectorate, and office under the Ministry of Health.

3. For joint documents drafted primarily by the Ministry of Health or signed jointly, the "Recipient" section of the document must clearly note the following units:

a) Ministry of Justice (Legal Document Inspection Department);

b) Legal Department of the Ministry of Health if not sent jointly to other departments, bureaus, general departments, inspectorate, and office under the Ministry of Health.

4. For documents specified in Points a, b, and c of Clause 2, Article 3 of this Circular, within the latest period of three working days from the date of signing and issuing the document, ministries, ministerial-level agencies, provincial People's Councils, and provincial People's Committees shall be responsible for sending one copy to the Ministry of Health (Legal Department) for inspection within authority.

5. When discovering signs of illegality in documents specified in Point d of Clause 2, Article 3 of this Circular, the agency, organization, or individual discovering it shall notify the Ministry of Health (Legal Department) to organize inspection within authority.

6. To serve the inspection of documents, the Office of the Ministry under the Ministry of Health shall be responsible for sending to the Legal Department of the Ministry of Health all documents issued by authorized state agencies sent to the Ministry of Health for inspection and documents issued by the Ministry of Health or signed jointly.

Article 17. Acceptance of Documents for Inspection and Recording in the Inspection Document Tracking Register

1. When receiving documents for inspection, the unit accepting the documents must clearly record the date of receipt on the incoming document stamp.

2. The unit inspecting the documents must clearly record information about the documents inspected regularly and upon request or recommendation in the Inspection Document Tracking Register to monitor the inspection process.

Article 18. Procedure and Process for Inspecting Documents within Authority

1. When receiving documents sent by competent state agencies for inspection or according to notifications, requests, or recommendations from organizations, individuals, the Head of the Legal Department shall organize the inspection of the documents according to the procedures and processes stipulated in Section 1 Chapter II of this Circular.

2. In cases where documents containing content contrary to the law are discovered, the Legal Department shall report and recommend the Minister to sign a notification sent to the agency or person with authority who issued the document to self-inspect and handle it in accordance with Clause 1 Article 20 of Decree No. 40/2010/NĐ-CP and Clause 7 Article 9 of Circular No. 20/2010/TT-BTP.

Article 19. Handling of Documents Contrary to the Law

1. In cases where the agency or individual issuing the document showing signs of being contrary to the law does not handle or notify the results of handling within the prescribed time limit, or if the Legal Department of the Ministry of Health disagrees with the handling result, the Legal Department shall report to the Minister to proceed with handling the document in accordance with Clause 1 Article 17 of Decree No. 40/2010/NĐ-CP and Clause 8 Article 9 of Circular No. 20/2010/TT-BTP.

2. The Legal Department advises the Minister on the handling of documents contrary to the law in accordance with Articles 21, 23, and 34 of Decree No. 40/2010/NĐ-CP of the Government.

3. Proposals for forms of handling are carried out in accordance with Articles 27, 28, 29, and 30 of Decree No. 40/2010/NĐ-CP.

4. The Legal Department updates the results of handling into the Register for Monitoring the Handling of Documents Showing Signs of Being Contrary to the Law to monitor and urge the handling of documents.

Article 20. Notification of the Results of Handling Legal Documents

The notification of the results of handling documents is carried out in accordance with Article 13 of this Circular.

Article 21. Organization of Specialized and Regional Inspection Teams

1. Based on annual activity plans and requirements regarding document inspection work, the Legal Department shall submit to the Minister for signing a decision to establish specialized and regional inspection teams, specifying the inspection period.

2. Agencies, units, localities (collectively referred to as agencies) with documents subject to inspection have the responsibility to prepare the contents and requirements of the plan for specialized and regional document inspections.

3. Tasks that need to be performed during the inspection process:

a) The inspection team sends a document notifying the inspection plan, schedule, and necessary requirements to the agency with documents subject to inspection at least 15 (fifteen) working days before conducting the inspection.

b) The agency with documents subject to inspection conducts a review, compiles a list of documents, organizes self-inspection of documents according to the guidance of the inspection team, and simultaneously sends one (01) copy of the document to the inspection team for preliminary inspection before direct work at the agency with documents subject to inspection.

c) The procedure and process for inspecting documents are carried out in accordance with the provisions in Section 1 Chapter II of this Circular.

d) The inspection team conducts direct work at the agency with documents subject to inspection; the agency with documents subject to inspection has the responsibility to arrange staff to work with the inspection team, report the results of self-inspection, and provide necessary materials when requested.

d) At the end of the inspection, the head of the inspection team and the leader of the agency with documents subject to inspection sign a working record to unify the inspection results.

đ) The inspection team is responsible for reporting to the Minister and informing the agency with documents subject to inspection about the inspection results.

e) In cases where documents showing signs of being contrary to the law are discovered, the Legal Department drafts a Notification for the Minister's consideration and issuance. The Notification is sent to the agency with documents subject to inspection for self-inspection and handling in accordance with the law.

4. The organization of inter-sectoral inspection teams is carried out in accordance with Article 15 of Decree No. 40/2010/NĐ-CP and Article 10 of Circular No. 20/2010/TT-BTP.

Chapter III

REVIEW AND SYSTEMATIZATION OF LEGAL REGULATORY DOCUMENTS IN THE FIELD OF STATE ADMINISTRATION OF THE MINISTRY OF HEALTH

Article 22. Responsibility for reviewing and systematizing

1. Departments, Bureaus, General Departments, the Ministry's Office, and the Inspectorate under the Ministry of Health shall be responsible for reviewing and systematizing consolidated documents prescribed in Clause 3, Article 3 of this Circular that are related to their assigned state management functions and tasks.

2. The Legal Department shall be responsible for:

a) Reviewing and systematizing consolidated documents prescribed in Clause 1 of this Article and serving as the focal point for reviewing and systematizing consolidated documents related to the Ministry of Health’s state management sector;

b) Providing guidance on procedures, urging, and inspecting the review and systematization activities of organizations under the Ministry;

c) Performing other tasks as stipulated in this Circular.

Article 23. Reviewing documents based on legal grounds and reviewing according to socio-economic development situations

1. Departments, Bureaus, General Departments, the Ministry's Office, and the Inspectorate shall be responsible for conducting reviews of documents related to their assigned state management functions and tasks when:

b) Self-discovering or receiving information, requests, or suggestions from agencies, organizations, or individuals regarding legal normative documents containing contents suspected of violating laws, being contradictory, overlapping, or no longer appropriate.

2. The review shall be carried out according to the content and procedures prescribed in Decree No. 16/2013/ND-CP and Circular No. 09/2013/TT-BTP dated June 15, 2013 detailing the implementation of Decree No. 16/2013/ND-CP dated February 6, 2013 of the Government on reviewing and systematizing legal normative documents (hereinafter referred to as Circular No. 09/2013/TT-BTP).

3. After completing the review, Departments, Bureaus, General Departments, the Ministry's Office, and the Inspectorate shall seek opinions from the Legal Department on the results of the document review. In cases where the Legal Department conducts regular reviews, they shall submit the review results to relevant units for comments.

4. After obtaining opinions from the Legal Department or relevant units, the leading unit conducting the review shall submit the review file for the Minister to consider and decide on handling or recommending handling of the review results.

5. Handling the review results according to the document shall be carried out in accordance with Articles 14 and 15 of Decree No. 16/2013/ND-CP.

6. The review results shall be sent to the Legal Department for consolidation.

Article 24. Reviewing documents by topic or field

1. Reviewing documents by topic or field shall be based on decisions of the Prime Minister, decisions of the Minister, heads of ministries equivalent to ministries, or heads of government agencies aimed at re-examining and evaluating legal normative documents regulating one or more groups of social relations within a specific period.

2. The Legal Department shall lead in drafting the review plan, submitting it for approval by the Ministry's leadership, and serving as the focal point for organizing the implementation of the review plan. The content of the review plan by topic or field shall comply with the provisions of Article 10 of Decree No. 16/2013/ND-CP.

3. Departments, Bureaus, General Departments, the Ministry's Office, and the Inspectorate shall organize the review of documents assigned in the plan and submit the review results to the Legal Department for consolidation of review results by topic or field in accordance with Article 15 of Circular No. 09/2013/TT-BTP.

4. Handling the review results according to the document shall be carried out in accordance with Articles 14 and 15 of Decree No. 16/2013/ND-CP.

4. The handling of the review results shall be carried out in accordance with Articles 14 and 15 of Decree No. 16/2013/NĐ-CP.

Article 25. Comprehensive Review of the Legal Text System

1. The comprehensive review of the legal text system shall be carried out based on the Prime Minister's decision to examine and re-evaluate the entire legal text system (excluding the Constitution) issued by all agencies and entities authorized to issue legal texts within a specific period of time.

2. The Legal Affairs Department shall take the lead in drafting the plan for the comprehensive review of the legal text system to be submitted to the Minister for issuance and shall serve as the focal point for organizing the implementation of the comprehensive review plan. The content of the comprehensive review plan shall be implemented in accordance with Article 10 of Decree No. 16/2013/NĐ-CP.

3. The review shall be conducted in accordance with the content and procedures stipulated in Decree No. 16/2013/NĐ-CP dated February 6, 2013 of the Government on reviewing and systematizing legal regulatory documents (hereinafter referred to as Decree No. 16/2013/NĐ-CP) and Circular No. 09/2013/TT-BTP dated June 15, 2013 detailing the implementation of Decree No. 16/2013/NĐ-CP dated February 6, 2013 of the Government on reviewing and systematizing legal regulatory documents (hereinafter referred to as Circular No. 09/2013/TT-BTP).

4. The Legal Affairs Department shall compile the results of the comprehensive review of the legal text system in accordance with Article 15 of Circular No. 09/2013/TT-BTP and submit them to the leadership of the Ministry for issuance.

Article 26. Systematization of Legal Texts

1. Periodic systematization:

a) In the first quarter of the fifth year of the systematization period, the Legal Affairs Department shall take the lead in drafting the plan for systematizing legal texts to be submitted to the leadership of the Ministry for issuance and shall serve as the focal point for organizing the implementation of the systematization plan;

b) Departments, Bureaus, General Directorates, the Office of the Ministry, and the Inspectorate shall carry out the systematization of legal texts regulating matters within their functions and state management tasks according to the procedures and formalities for systematizing legal texts and submit the results of the systematization to the Legal Affairs Department for compilation and submission to the leadership of the Ministry for issuance before January 31 of the next systematization period;

c) The procedures and formalities for systematization shall be implemented in accordance with Chapter III of Decree No. 16/2013/NĐ-CP and Article 18 of Circular No. 09/2013/TT-BTP;

d) Annually, the Legal Affairs Department shall compile and publish the collection of legal regulatory documents in the field of state management of the Ministry of Health annually (including the list and legal regulatory documents in the field of state management of the Ministry of Health issued by competent authorities during the year) on the Ministry of Health’s electronic portal. This work must be completed at the latest by the first quarter of the following year.

2. Systematization according to state management requirements

a) Departments, Bureaus, General Directorates, the Office of the Ministry, and the Inspectorate assigned as the focal points for systematizing legal texts according to state management requirements shall draft the plan for systematizing legal texts to be submitted to the leadership of the Ministry for issuance and shall serve as the focal point for organizing the implementation of the systematization plan;

b) Departments, Bureaus, General Directorates, the Office of the Ministry, and the Inspectorate shall carry out the systematization of legal texts regulating matters within their functions and state management tasks according to the procedures and formalities for systematizing legal texts and submit the results of the systematization to the focal point unit for compilation and reporting to the leadership of the Ministry for approval;

c) The procedures and formalities for systematization shall be implemented in accordance with Chapter III of Decree No. 16/2013/NĐ-CP and Article 18 of Circular No. 09/2013/TT-BTP;

d) The results of the systematization shall be submitted to the Legal Affairs Department for compilation.

Article 27. Announcement of the List of Legal Texts Expiring in Full or in Part

1. Every six months or annually or according to a special plan, the Minister of Health shall issue a Decision announcing the list of legal texts under the scope of state management of the Ministry of Health expiring in full or in part based on the results of the legal text review.

2. Departments, Bureaus, General Directorates, the Office of the Ministry, and the Inspectorate shall be responsible for submitting the list of legal texts under the scope of state management of their units expiring in full or in part to the Legal Affairs Department for compilation.

3. The Legal Affairs Department shall compile the list of legal texts under the scope of state management of the Ministry of Health expiring in full or in part and submit it to the Minister of Health for issuance and publication in the Official Gazette.

4. The Office of the Ministry shall be responsible for posting the Decision announcing the list of legal texts under the scope of state management of the Ministry of Health expiring in full or in part on the Ministry of Health’s electronic portal.

Chapter IV

Article 28. DATABASE SYSTEM FOR DOCUMENT REVIEW, AUDIT AND STANDARDIZATION IN HEALTH LAWS AND REGULATIONS

Article 28. Database system for document review, audit and standardization

1. The database system for document audit includes the following basic contents:

a) Legal documents that have been reviewed to establish legal grounds for self-audit and document audit within the jurisdiction of the Ministry of Health;

b) Results of self-audit, document audit and handling of illegal documents;

c) Information on document audit operations;

d) Other information, materials, and data serving document audit work.

2. The database system for document review and standardization includes the following basic contents:

a) A system of legal documents in the field of state management under the Ministry of Health;

b) Results of document review and standardization in the field of state management under the Ministry of Health;

c) Information on document review and standardization operations;

d) Other information, materials, and data serving document review and standardization work.

3. The database system for document audit, review, and standardization of the Ministry of Health shall be computerized in accordance with actual conditions to ensure convenience for searching and application.

4. The Legal Affairs Department shall be responsible for coordinating with Departments, Bureaus, General Departments, the Office of the Ministry, and the Inspectorate of the Ministry of Health to build and manage the database system serving document audit, review, and standardization work.

Article 29. STRENGTHENING ORGANIZATIONAL STRUCTURE AND ENHANCING HUMAN RESOURCES FOR DOCUMENT AUDIT, REVIEW, AND STANDARDIZATION WORK

1. Based on functions, tasks, nature, characteristics, and specific workload, the Head of the Legal Affairs Department shall take the lead and coordinate with the Heads of the Cadre and Civil Servant Organization Department and relevant Departments and Bureaus to submit to the Minister a plan for strengthening organizational structure and staffing to effectively implement document audit, review, and standardization work of the Ministry of Health, and organize its implementation after approval.

2. On the basis of the approved plan by the Minister, the Heads of units under the Ministry of Health shall be responsible for completing organizational structures and ensuring adequate staffing, and issue assignments for personnel engaged in document audit, review, and standardization work of their units, to be submitted to the Legal Affairs Department for consolidation.

Article 30. DOCUMENT AUDIT, REVIEW, AND STANDARDIZATION ASSISTANTS

1. Based on requirements and tasks, the Head of the Legal Affairs Department shall compile a list of document audit, review, and standardization assistants who meet the qualifications and capabilities.

2. Document audit, review, and standardization assistants must satisfy the following conditions:

a) Experience in drafting and auditing, reviewing, and standardizing documents relevant to the type of documents being audited, reviewed, and standardized;

b) Knowledge and skills in document audit, review, and standardization operations;

c) Legal knowledge and understanding of the health sector;

d) At least three (03) years of experience in the field they are assigned to.

3. Document audit and review assistants operate under a work assignment mechanism or a fixed-term contract, subject to management, operational guidance, and task execution according to the requirements of the document audit agency.

4. The head of the document audit agency signs a work assignment contract with the assistant. In cases of signing a fixed-term contract, the authority to sign the contract shall be carried out in accordance with the provisions of the law and regulations of the Ministry of Health.

Article 31. Program for Inspection, Review, and Systematization of Regulatory Legal Documents of the Ministry of Health

1. The program for inspection, review, and systematization of regulatory legal documents of the Ministry of Health is a ministry-level project funded annually to organize self-inspection, inspection, review, and systematization of documents.

2. The Department of Legal Affairs is responsible for coordinating and implementing the activities of this program.

Article 32. Budget for Inspection, Review, and Systematization of Regulatory Legal Documents

1. Annually, based on the approved plan for inspection, review, and systematization of documents by the Ministry of Health, the Department of Legal Affairs will prepare a budget estimate to be sent to the Department of Planning and Finance for consolidation.

2. The Department of Planning and Finance allocates funds for inspection, review, and systematization of documents based on the proposal of the Department of Legal Affairs to be submitted for approval by the leadership of the Ministry.

3. The budget for inspection, review, and systematization of regulatory legal documents is provided from the state budget and included in the annual operating budget of the Ministry of Health. The Department of Legal Affairs is responsible for managing and using the allocated funds in accordance with the provisions of the law.

4. The list of expenditures and expenditure levels for self-inspection, inspection, review, and systematization of regulatory legal documents in the field of management by the Ministry of Health shall be carried out according to the guidance documents of the Ministry of Finance and the Ministry of Justice.

5. Departments, Bureaus, General Departments allocate their budgets for self-inspection, inspection, review, and systematization of documents within their units.

Article 33. Reporting System

1. Reports on the work of inspection, review, and systematization of regulatory legal documents include:

a) Monthly reports, mid-year reports, and annual reports;

b) Special topic reports (if applicable);

c) Ad hoc reports (if applicable).

2. Reporting deadlines

a) Monthly reports from units must be submitted to the Department of Legal Affairs no later than the 20th day of each month;

b) Mid-year reports from units must be submitted to the Department of Legal Affairs no later than May 20;

b) Annual reports from units must be submitted to the Department of Legal Affairs no later than December 20;

c) The fiscal year for reporting runs from January 1 of the previous year to December 31 of the reporting year.

3. Reporting responsibilities

a) Departments, Bureaus, General Departments, the Inspectorate of the Ministry, and the Office of the Ministry have the responsibility to report on the work of inspection, review, and systematization of regulatory legal documents within their assigned areas, to be sent to the Department of Legal Affairs for consolidation;

b) The Department of Legal Affairs has the responsibility to consolidate and submit reports on the work of inspection, review, and systematization of regulatory legal documents to the Ministry of Justice every six (06) months and annually, signed off by the leadership of the Ministry;

c) The leadership of the Department of Legal Affairs consolidates and signs off monthly reports on the work of inspection, review, and systematization of regulatory legal documents, sent to the Ministry of Justice on behalf of the Minister.

4. Content of reports

a) Six-monthly and annual reports on the work of inspection and handling of documents must contain the contents as prescribed in Clause 3, Article 16 of Circular No. 20/2010/TT-BTP;

b) Six-monthly and annual reports on the work of reviewing documents must contain the contents stipulated in this Circular;

c) Monthly reports on the work of inspection, review, and systematization of documents must be prepared in accordance with Points a and b of this Clause and the guidance of the Ministry of Justice.

Article 34. Consideration of the completion of inspection, review, and codification tasks for commendation and award assessment

1. The results and achievements obtained in the performance of assigned tasks related to inspecting and handling documents are among the criteria for evaluating, classifying, and assessing commendation and awards in the annual achievements of agencies, units, and individuals.

2. At the time of summarizing the annual work of the Ministry of Health, the Legal Department will take the lead in proposing to the competent state agency the titles of commendation and forms of reward for agencies, organizations, and individuals who have successfully completed their assigned tasks and achieved results in the work of inspecting, reviewing, and codifying documents according to the laws on commendation and rewards.

3. Based on the annual reports on the work of inspecting, reviewing, and codifying of the Ministry of Health and its units, the Department of Communication and Commendation will advise and report to the Ministry's leadership not to consider commendation or commendation titles for heads, individuals, or units that do not organize or do not implement properly and fully within their authority the self-inspection, inspection, review, and codification of documents as stipulated by law and this Circular.

Article 35. Responsibilities of civil servants under the Ministry of Health

When discovering documents issued by the Ministry of Health, Ministries, bodies equivalent to ministries, Provincial People's Councils, and Provincial People's Committees containing content contrary to the law, contradictions, overlaps, or no longer suitable for economic and social development and the management requirements of the health sector, relevant organizations, individuals, and civil servants under the Ministry shall promptly reflect to the head of the directly responsible unit, the Director of the Legal Department, and the head of the unit primarily responsible for drafting the document for inspection and handling.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Circular takes effect from September 1, 2015.

2. The Decision No. 17/2007/QD-BYT dated February 1, 2007 of the Minister of Health on the issuance of the Regulation on Inspection, Review, and Codification of Health Law Normative Documents is abolished from the date this Circular takes effect.

Article 37. Cross-referencing Provisions

In cases where the referenced documents in this Circular are replaced or amended, they shall be applied according to the replacing or amending documents.

Article 38. Responsibility for Implementation

Heads of Departments, Bureaus, General Departments, the Ministry's Office, and the Inspectorate under the Ministry of Health; People's Committees of provinces and centrally governed cities, and related agencies and units are responsible for organizing publicity, dissemination, and implementation of this Circular for entities under their jurisdiction to know and comply with. During the implementation process, if there are difficulties, they are advised to promptly reflect to the Ministry of Health (through the Legal Department) for consideration and resolution./.