Circular No. 25/2011/TT-BCT stipulates on inspection, handling, review, systematization, and monitoring the implementation of regulatory legal documents in the industry and trade sector.

CIRCULAR

Regulations on inspection, handling, review, systematization, and monitoring the implementation of legal normative documents

of normative legal documents in the industry and trade sector

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Based on Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Legislative Acts of 03 June 2008;

Based on Decree No. 122/2004/NĐ-CP dated May 18, 2004 of the Government stipulating the functions, tasks, powers, and legal system organization of Ministries, ministerial-level agencies, government agencies, specialized agencies under provincial people's committees directly under the central government, and state-owned enterprises;

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

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

Implementing Decision No. 1987/QĐ-TTg dated November 30, 2009 of the Prime Minister approving the Project "Implementing the work of monitoring the implementation of laws";

The Minister of Industry and Trade stipulates regulations on inspection, handling, review, systematization, and monitoring the implementation of legal normative documents in the industry and trade sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on inspection, handling, review, systematization, and monitoring the implementation of legal normative documents in the industry and trade sector.

Article 2. Applicability

This Circular applies to organizations and individuals related to the work of inspection, handling, review, systematization, and monitoring the implementation of legal normative documents in the industry and trade sector.

Article 3. Purpose of Inspection, Handling, Review, Systematization, and Monitoring the Implementation of Legal Normative Documents

1. To identify contents that violate the law, contents that are no longer appropriate in legal normative documents to promptly suspend their implementation, amend, abolish, or revoke them, ensuring the constitutionality, legality, and consistency of the legal system. Timely identification of difficulties and obstacles to guide the implementation or urge the implementation of legal provisions in the industry and trade sector.

2. To recommend competent authorities to determine the responsibility of units and individuals who issued legal normative documents containing illegal contents for appropriate measures; to recommend relevant authorities to amend, supplement, abolish, or revoke inappropriate provisions or promulgate new provisions to adjust.

Article 4. Principles of Inspection, Handling, Review, Systematization, and Monitoring the Implementation of Legal Normative Documents

1. The work of inspection, handling, review, systematization, and monitoring the implementation of legal normative documents must be carried out regularly, promptly, objectively, accurately, in accordance with the provisions of the law.

2. Ensuring close and consistent coordination between the lead unit of the Ministry responsible for inspection, handling, review, systematization, and monitoring the implementation of legal normative documents and the agency or unit primarily drafting the documents and organizations and individuals concerned.

Chapter II

INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS

Section 1

GENERAL PROVISIONS ON INSPECTION AND HANDLING

CONSOLIDATED LEGAL DOCUMENT

Article 5. Legal Normative Documents Subject to Inspection and Handling

Legal normative documents subject to inspection and handling are those specified in Clause 2 and Clause 3, Article 1 of Decree No. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspection and handling of legal normative documents (hereinafter referred to as Decree No. 40/2010/NĐ-CP), which have contents related to the industry and trade sector and are still effective at the time of inspection.

Article 6. Contents of Inspection

The content of inspection includes the constitutionality and legality of the legal normative documents as stipulated in Article 3 of Decree No. 40/2010/NĐ-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/NĐ-CP dated April 12, 2010 of the Government on inspection and handling of legal normative documents (hereinafter referred to as Circular No. 20/2010/TT-BTP).

Article 7. Inspectors for Document Review

1. Inspectors for Document Review must meet the following conditions:

a) Possess knowledge and skills related to document review work;

b) Have professional expertise in the specific field or sector relevant to the content of the document being reviewed;

c) Have at least three (3) years of experience working in the field they are currently responsible for.

2. Inspectors for Document Review may be selected from units under the Ministry of Industry and Trade or other agencies and organizations, and shall be appointed by the Director of the Legal Department based on the performance of reviews according to contracts.

Article 8. Responsibilities for Review

1. The Legal Department:

a) Organizes self-reviews and reviews within its authority;

b) Develops and supervises the implementation of plans for self-reviews and reviews within its authority, proposing forms of handling for documents containing content contrary to the law;

c) Sends notifications requesting the drafting agency or issuing body to conduct self-reviews and handle documents that appear to contravene relevant laws and regulations concerning the industrial and trade sector;

d) Monitors the results of self-reviews and handling of documents containing content contrary to the law by the issuing bodies, and proposes measures for handling for the Minister's consideration and decision in cases where the issuing bodies fail to review or handle the documents or the handling results do not comply with legal provisions;

e) Summarizes and concludes; reports on the review and handling of documents in accordance with the law;

f) Cooperates with the Legal Normative Documents Inspection Agency under the Ministry of Justice, other agencies, organizations, individuals, and mass media to promptly receive and handle information about documents that appear to contravene relevant laws and regulations concerning the industrial and trade sector.

2. Units under the Ministry:

Cooperate with the Legal Department and relevant agencies and units in conducting self-reviews, reviews within their authority, and handling documents in accordance with the law; update and send the list of documents issued by their unit in the previous week to the Legal Department by the latest Thursday of each week to serve self-review work.

3. The Ministry Office:

a) By the latest Thursday of each week, update the list of documents issued by the Ministry in the previous week (excluding confidential documents) and post it on the internal electronic information website to serve self-review work;

b) Publish the results of handling illegal documents in the Official Gazette.

Section 2

SELF-REVIEW OF LEGAL REGULATORY DOCUMENTS

Article 9. Scope of Self-Review

a) Documents within the authority to issue or jointly issue by the Minister of Industry and Trade.

b) Administrative documents individually containing legal norms issued by the Ministry of Industry and Trade or units within the Ministry.

Article 10. Procedure and Formalities for Self-Review of Documents

1. Regularly monthly or ad hoc as required by the Ministry’s leadership, the Legal Department organizes self-reviews of documents and prepares the Document Review File.

2. The Document Review File includes: the document being reviewed, the "Document Review Form" according to the model prescribed in Appendix No. 01 attached to this Circular, and other related documents.

3. In cases where the document appears to contravene the law, the Legal Department sends the "Document Review Form" to the main drafting unit.

4. Within no more than five (5) working days from the date of receipt of the "Document Review Form" from the Legal Department, the main drafting unit must provide a written response regarding the review results for the Legal Department to consider and propose a plan for handling illegal documents to the Minister.

Article 11. Handling of illegal legal documents

1. The handling of self-inspection results of regulatory legal documents shall be carried out in accordance with Articles 27, 28, 29, and 30 of Decree No. 40/2010/NĐ-CP.

2. The handling of documents containing legal provisions but not issued in the correct form or authority shall be carried out in accordance with Clause 3 of Article 26 of Decree No. 40/2010/NĐ-CP.

Article 12. Notification of Results of Handling Illegal Legal Documents from Self-Inspection

1. The results of handling illegal legal documents self-inspected by the Ministry of Industry and Trade must be sent for publication in the Official Gazette and posted on the Ministry of Industry and Trade's electronic information website within five working days from the date of issuance of the handling document.

2. In cases where the document is inspected and handled upon request, suggestion, or notification from other organizations or individuals, the handling document shall also be sent to those organizations or individuals.

Section 3

INSPECTION OF REGULATORY LEGAL DOCUMENTS WITHIN AUTHORITY

Article 13. Scope of Inspection Within Authority

Regulatory legal documents related to the fields under the State management of the Ministry of Industry and Trade issued by competent authorities, organizations, or individuals.

Article 14. Procedure and Formalities for Inspection Within Authority

The procedure and formalities for inspection within authority shall be implemented in accordance with Article 10 of this Circular.

Article 15. Handling of Illegal Legal Documents Within Authority

1. In cases where a document containing illegal content, exceeding authority, or no longer being appropriate is discovered, the Legal Department shall recommend the Minister to issue a document to the issuing authority or individual to handle it.

2. Within thirty working days from the date of receipt of the document as stipulated in Clause 1 of this Article, if the issuing authority or individual does not handle the document or the handling result does not comply with legal regulations, the Minister of Industry and Trade shall exercise the authority to handle the document in accordance with Clause 1 of Article 17 of Decree No. 40/2010/NĐ-CP.

3. After receiving the handling result from the issuing authority, the Legal Department shall have the responsibility to notify the handling result to relevant organizations or individuals.

4. The Legal Department shall maintain a "Monitoring Record for Regulatory Legal Document Inspection" to monitor and urge the handling of documents by the issuing authority according to the model prescribed in Appendix 2 attached to this Circular.

Article 16. Organization of Specialized or Regional Inspection Teams

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

2. At least fifteen days before the inspection, the inspection team shall send a document notifying the inspection plan, schedule, and necessary requirements for inspection to the agencies, units, or localities with documents to be inspected.

Chapter III

REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS

Article 17. Documents Subject to Review and Systematization

1. Regulatory legal documents in the field of industry and trade.

2. International treaties and agreements in the field of industry and trade.

Article 18. Responsibilities for Reviewing and Systematizing Documents

1. The Legal Department shall take the lead in conducting reviews and systematizations of documents related to the field of industry and trade.

2. Units under the Ministry shall cooperate with the Legal Department to conduct reviews and systematizations of documents related to their assigned functions and tasks.

Article 19. Methods for reviewing and systematizing documents

1. Reviewing and systematizing documents shall be conducted regularly to update new documents or according to specific topics or fields, or when economic and social conditions change, making the content of previously issued documents no longer appropriate.

2. Reviewing and systematizing documents shall be carried out upon receiving information, requests, or recommendations from agencies, organizations, or individuals regarding normative legal documents containing content that appears to violate laws, contradict each other, overlap, or no longer be appropriate.

3. Every six months, review and systematize to establish and publish in the Official Gazette a list of documents and provisions that have ceased to be enforceable within the field of industry and trade.

4. Every five years, review and systematize according to specific topics or fields normative legal documents and legal provisions still in effect issued by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, and the Prime Minister related to the field of industry and trade.

Article 20. Documents for review and comparison

1. Documents for review and comparison include the original document, stored documents, the Official Gazette, the Supplement to the Official Gazette, and documents from government websites, the National Assembly, and various ministries.

2. Documents used for comparison are those with higher legal validity than the reviewed document and documents from the same level specialized agency related to the content of the reviewed and systematized document.

Article 21. Purpose and content of document review

1. Examine the constitutionality, legality, consistency, and synchronization of the document.

2. Authority, assigned tasks, and legal basis for issuing the document.

3. Validity of the document.

4. The appropriateness of the document's content with the country's economic and social situation and international treaties to which Vietnam is a party.

Article 22. Classification and arrangement of reviewed and systematized documents

Reviewed and systematized documents are classified based on one or more of the following criteria:

1. Name and summary of the document.

2. Number and code of the document.

3. Authority and agency issuing the document.

4. Content group of the document.

5. Sequence of time in issuing the document.

6. Form of the document.

7. Validity of the document.

8. Other criteria as required by the review and systematization process.

Article 23. Procedure for reviewing and systematizing documents

1. Determine the purpose, scope, and field of review and systematization.

2. Collect documents for review and documents serving as a basis for comparison.

3. Study and evaluate documents based on the review contents stipulated in this Circular.

4. Categorize and compile a list of reviewed and systematized documents.

5. Compile results and prepare a report evaluating the systematization of documents.

6. Announce the results of the review and systematization of documents.

Chapter IV

IMPLEMENTATION MONITORING OF LEGAL REGULATIONS

IN THE INDUSTRY AND TRADE SECTOR

Article 24. Responsibilities for monitoring implementation of laws

1. Responsibilities of the Legal Affairs Department:

a) Lead in drafting the annual program for monitoring the implementation of laws of the Ministry, to be signed and issued by the Ministry’s leadership;

b) Organize inspections, surveys, and evaluations of law enforcement in the field of industry and trade as prescribed by law;

c) Coordinate and urge units to monitor the implementation of laws in the field of industry and trade;

d) Report to the Minister and propose measures to address the results of monitoring the enforcement of laws;

d) Annually compile and build reports on the work of monitoring the implementation of laws in the field of industry and trade, to be submitted to the competent authority as required.

2. Responsibilities of units under the Ministry:

a) Draft the annual plan for monitoring the implementation of laws of the unit, to be sent to the Legal Affairs Department for consolidation and submission to the Ministry’s leadership for issuance of the Ministry’s annual program for monitoring the implementation of laws;

b) Organize inspections, surveys, and evaluations of the implementation of normative legal documents related to the unit’s functions and tasks;

c) Send the Legal Affairs Department periodic reports every six months on the work of monitoring the implementation of laws related to the unit’s functions and tasks;

d) Coordinate with the Legal Affairs Department to report to the Minister and propose measures for handling.

Article 25. The Program for Monitoring the Implementation of Laws of the Ministry of Industry and Trade

1. The Program for Monitoring the Implementation of Laws of the Ministry of Industry and Trade shall be developed annually.

2. The Program includes contents related to inspection, survey, evaluation, and summary of the implementation of laws relevant to the industry and trade sector.

3. The Program for Monitoring the Implementation of Laws of the Ministry of Industry and Trade shall be issued no later than January 30 each year and may be amended or supplemented no later than July 15 each year.

Article 26. Contents of Monitoring the Implementation of Laws

1. The situation of issuing legal documents in the industry and trade sector and measures to implement them.

2. Evaluation of the work of disseminating and popularizing legal normative documents.

3. Measures regarding organization, finance, and human resources to ensure the implementation of laws.

4. The rationality and feasibility of legal normative documents in practice.

5. The degree of compliance with laws by agencies, organizations, and individuals.

Article 27. Methods for Monitoring the Implementation of Laws

1. Investigating and surveying the situation of implementing laws.

2. Inspecting the situation of implementing laws.

3. Collecting and processing information on the situation of implementing laws.

Chapter V

IMPLEMENTATION

Article 28. Funding to Ensure Inspection, Review, Systematization, and Monitoring of Legal Normative Documents

1. Funding to ensure inspection, review, systematization, and monitoring of legal normative documents is provided from the state budget and included in the annual operating budget of the Ministry of Industry and Trade.

2. Annually, based on the inspection, review, systematization, and monitoring plan of legal normative documents, the Department of Legal Affairs shall take the lead in preparing the funding estimate to be submitted to the Finance Department for consolidation.

3. The Finance Department is responsible for submitting the funding for inspection, review, systematization, and monitoring of legal normative documents to the leadership of the Ministry for approval.

Article 29. Reporting System

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

a) Mid-year report and Annual report;

b) Special topic reports (if applicable);

c) Ad hoc reports (if applicable).

2. Reporting deadlines

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

b) Annual reports of units must be sent to the Department of Legal Affairs no later than October 20;

c) The reporting period runs from October 1 of the previous year to September 30 of the year the report is made.

Article 30. Acts Violating the Law in the Work of Inspecting and Handling Legal Documents by Agencies and Individuals Authorized to Inspect Legal Documents

1. Not organizing inspections or handling legal documents within their authority to inspect and handle.

2. Not inspecting or handling legal documents when requested by a higher-level state agency or proposed or recommended by other agencies, organizations, individuals, and mass media.

3. Not handling or not reporting to the authorized agency or individual for handling legal documents when discovering signs of illegality in the documents.

4. Issuing illegal decisions to handle legal documents, making illegal requests or recommendations to agencies or individuals whose documents are being inspected.

5. Inspecting or handling legal documents outside their authority to inspect and handle.

6. Not transferring legal documents outside their authority to inspect and handle to the authorized agency or individual for inspection and handling.

7. Other acts violating the law as prescribed by law.

Depending on the nature and severity of the violation of the law concerning the inspection and handling of legal documents, the agency or individual authorized to inspect legal documents shall be subject to legal sanctions.

Article 31. Effective Date

This Circular takes effect from August 15, 2011, and replaces Circular No. 01/2009/TT-BCT dated January 20, 2009, of the Ministry of Industry and Trade guiding the work of inspecting, reviewing, systematizing, and handling legal normative documents in the industry and trade sector./.