✦ 스마트 요약
Circular No. 25/2011/TT-BGTVT stipulates the inspection and handling of regulatory legal documents in the field of transport, applicable to relevant agencies, organizations, and individuals. Notably, it defines the authority, methods of inspection and handling of illegal documents, as well as the self-inspection and handling procedures for the Ministry of Transport and General Departments, Bureaus.
적용 범위
Agencies, organizations, and individuals related to the inspection and handling of regulatory legal documents in the field of transport.
핵심 사항
- Agencies, organizations, and individuals responsible for submitting issued documents to the competent authority for inspection as prescribed; providing necessary information and materials to the competent authority for document inspection.
- The Minister of Transport has the authority to inspect and handle regulatory legal documents issued by himself or other agencies related to the field of transport.
- The Minister's authority in handling illegal documents includes recommending suspension, revocation in part or in whole of the document.
- The self-inspection and handling procedure for documents issued by General Departments, Bureaus is carried out after issuance, as well as upon receipt of notification or request from the competent authority.
- The examination and handling of responsibility for persons or agencies issuing illegal documents shall be conducted in accordance with Decree No. 40/2010/NĐ-CP.
🌐 이 문서의 사회적 영향
- Positive impact is ensuring the constitutionality and consistency of the legal system, contributing to improving the quality of work in building and perfecting the legal system.
- Negative impact may be the burden of time and resources for agencies and organizations when conducting self-inspection of documents.
❓ 자주 묻는 질문
Which agency is responsible for inspecting regulatory legal documents?
The agency, person with authority to issue the document subject to inspection (the agency, person with the inspected document) and the Legal Department of the Ministry of Transport.
What is the deadline for handling illegal documents?
Within thirty days from receiving notification of a document suspected of being illegal, the agency or person issuing the document must organize self-inspection and handling. If no result report is sent or the Ministry of Transport does not agree with the handling result, the deadline is fifteen days for the Ministry of Transport to act according to regulations.
Which agency has the authority to revoke illegal documents?
The Minister of Transport has the authority to recommend the Prime Minister to suspend enforcement and propose revocation or abolition in part or in whole of illegal documents.
Which agency is responsible for funding the inspection and handling of documents?
Funding is guaranteed from the state budget and consolidated into the annual budget estimate of the agency or unit.
Who carries out the review of regulatory legal documents?
The Legal Department takes the lead, coordinating with departments and units under the Ministry to review and build the Regulatory Legal Document Database System.
전문
CIRCULAR
Rules on inspection and handling of regulatory legal documents in the field of transport
_______________________________
Pursuant to the Law on Legislative Acts of 03 June 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. 40/2010/NĐ-CP dated April 12, 2010 of the Government on inspecting and handling normative legal documents;
Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
The Minister of Transport shall stipulate rules on inspection and handling of regulatory legal documents in the field of transport as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates rules on inspecting regulatory legal documents and documents containing regulatory legal provisions but issued in an incorrect form or beyond authority (hereinafter referred to as documents) in the field of transport and handling documents that show violation of laws issued by the Minister, Heads of Ministries at the same level, People's Councils, and Provincial People's Committees.
Article 2. Applicability
This Circular applies to agencies, organizations, and individuals related to the inspection and handling of regulatory legal documents in the field of transport.
Article 3. Purpose of Inspecting Documents
Inspection of documents is conducted to identify illegal contents in documents to promptly suspend their implementation, revoke, or abolish them, ensuring the constitutionality, legality, and consistency of the legal system; simultaneously, recommending agencies or persons with authority to determine the responsibility of agencies or individuals who have issued illegal documents, contributing to improving the quality and effectiveness of legal system construction and improvement work.
Article 4. Content of Document Inspection
The content of document inspection involves reviewing, evaluating, and concluding on the constitutionality and legality of documents according to the provisions set forth in the Law on Issuing Regulatory Legal Documents dated June 3, 2008 (hereinafter referred to as the Law on Issuing Regulatory Legal Documents) and the Law on Issuing Regulatory Legal Documents of People's Councils and People's Committees dated December 3, 2004 (hereinafter referred to as the Law on Issuing Regulatory Legal Documents of People's Councils and People's Committees).
A constitutional and legal document is one that meets the following conditions:
1. Issued based on lawful grounds.
Grounds for issuing documents include regulatory legal documents with higher legal validity that are currently in force or signed for issuance but not yet effective at the time of issuance but will be effective before or at the same time as the issued document, including:
a) Regulatory legal documents of higher-level state agencies specifying the functions and tasks of the agency issuing the document;
b) Regulatory legal documents of higher-level state agencies specifying issues within the scope regulated by the document.
2. Issued within authority.
Authority to issue documents includes formal authority and substantive authority.
a) Formal authority refers to the agency or person with authority only being able to issue documents in accordance with the prescribed form (name) of regulatory legal documents for that agency or person under the Law on Issuing Regulatory Legal Documents and the Law on Issuing Regulatory Legal Documents of People's Councils and People's Committees.
b) Substantive authority refers to the agency or person only being able to issue documents with content appropriate to the authority granted by law or assigned through delegation. This authority is defined in documents of higher-level state agencies concerning the delegation, assignment, and specific management functions, duties, and powers of each agency, each level, and each sector in each field.
3. The content of the document must comply with current legal provisions, specifically:
a) Circulars and Joint Circulars of the Minister of Transport issued or jointly issued must be consistent with the Constitution, laws, resolutions of the National Assembly; decrees, resolutions, joint resolutions of the Standing Committee of the National Assembly; orders, decisions of the President; decrees, joint resolutions of the Government; decisions of the Prime Minister, and circulars of other Ministers and Heads of Ministries at the same level regarding the fields they manage;
b) Resolutions of provincial People's Councils on fields managed by the Ministry of Transport must be consistent with the Constitution, laws, resolutions of the National Assembly; decrees, resolutions, joint resolutions of the Standing Committee of the National Assembly; orders, decisions of the President; decrees, joint resolutions of the Government; decisions of the Prime Minister, and circulars, joint circulars of the Minister of Transport;
c) Decisions and directives of provincial People's Committees on fields managed by the Ministry of Transport must be consistent with central government documents and resolutions of provincial People's Councils;
d) Circulars issued by other Ministers and Heads of Ministries at the same level on fields managed by the Ministry of Transport must be consistent with higher-level regulatory legal documents and consistent with circulars, joint circulars of the Minister of Transport;
đ) Documents issued by state agencies or persons with authority must ensure requirements not hindering the implementation of international treaties to which the Socialist Republic of Vietnam is a party.
4. Documents must be presented in accordance with the format and technical requirements stipulated by current laws.
5. Documents must comply fully with the procedures and processes for drafting and issuing as prescribed by law. In cases where inspections reveal illegal contents in documents, the competent authority conducting the inspection must review the procedures and processes for drafting and issuing the document to serve as a basis for handling the document and examining and dealing with the responsibility of the agency or individual who issued the illegal document, as well as the agency or individual responsible for advising on drafting, reviewing, auditing, and approving the document with illegal content, and recommending handling according to authority.
Article 5. Legal basis for determining the content contrary to the law of the document under review
The legal documents serving as the basis for determining the content contrary to the law of the document under review as stipulated in Article 4 of this Circular must satisfy the following conditions:
1. The document must have higher legal validity than the document under review issued by the competent authority.
In cases where the legal documents serving as the basis for determining the content contrary to the law of the document under review have different provisions on the same issue, the document with higher legal validity shall be applied.
In cases where the legal documents serving as the basis for review are all issued by the same agency on the same issue but have different provisions, the provision of the document issued later shall be applied; for documents issued by Ministers, Heads of equivalent ministries that have different provisions on the same issue, the document of the Minister, Head of the equivalent ministry managing the relevant sector shall be applied.
2. The document must be currently in effect or have been signed and approved but not yet effective at the time of review.
The time of reviewing the document is the time when the competent authority signs and approves the document under review and generates the authority and responsibility of the competent authority to review the document.
a) The document is currently in effect at the time of review:
The effective date of the regulatory legal document is determined according to Article 78 of the Law on Enacting Regulatory Legal Documents and Article 51 of the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees.
The legal documents serving as the basis for determining the content contrary to the law of the document under review must not have exceeded their validity period as specified in those documents; not been replaced by a new document from the same state agency that issued the original document; not been annulled or revoked by the competent state authority.
A document that has been suspended in effect according to Article 80 of the Law on Enacting Regulatory Legal Documents and Article 52 of the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees shall not be used as a legal basis for reviewing the document from the time it was suspended until the time it resumes its effectiveness according to the decision of the competent state authority.
b) The document has been signed and approved but not yet in effect at the time of review but must take effect before or at the same time as the document under review, including the document serving as the legal basis for issuing the document under review; the document related to determining the content contrary to the law of the document under review.
Article 6. Announcing the results of handling illegal documents
1. After handling the document containing content contrary to the law according to the regulations (including cases where the document is handled by correction), the Legal Department shall be responsible for publicly announcing the decision to handle the document containing content contrary to the law, reporting through mass media, publishing on the bulletin board, posting on the website of the issuing agency, or being posted according to Article 8 of Decree No. 40/2010/ND-CP dated April 12, 2010 of the Government on inspecting and handling regulatory legal documents (hereinafter referred to as Decree No. 40/2010/ND-CP) and the Government's regulations on the Official Gazette.
For the documents prescribed in point b, c Clause 1 Article 18 of this Circular, the results of handling must be sent to the agencies, organizations, and individuals to whom the document was previously sent; if the document has been published in the Official Gazette, reported through mass media, posted on the website of the issuing agency, or posted, the results of handling must also be publicly announced and reported through these media.
2. The announcement of the results of handling illegal documents as stipulated in Clause 1 of this Article also applies to the results of handling illegal documents self-inspected by the Ministry of Transport.
The Legal Departments or organizations entrusted with performing legal functions (hereinafter collectively referred to as Legal Departments) of the General Departments, Bureaus under the Ministry of Transport (hereinafter referred to as General Departments, Bureaus) shall be responsible for publicly announcing the results of handling illegal documents for the documents prescribed in Clause 2 Article 9 of this Circular self-inspected by the General Departments, Bureaus. The form of public announcement of the results of handling shall be carried out according to the provisions of Clause 1 of this Article.
Article 7. Sending Documents to the Inspection Authority
Within the latest period of three (3) working days from the date of issuance, the document must be sent to the authority or person with inspection authority over the document as follows:
1. Circulars issued by the Minister of Transport shall be sent to the Department of Document Inspection under the Ministry of Justice; the Legal Affairs Department under the Ministry or equivalent ministry that has inspection authority within their respective sectors or fields.
2. Joint Circulars between the Minister of Transport and other Ministers, heads of equivalent ministries, Chief Justice of the Supreme People's Court, and Prosecutor General of the Supreme People's Procuracy shall be sent to the Department of Document Inspection under the Ministry of Justice.
3. Joint Circulars between the Minister of Transport and the Minister of Justice shall be sent to the Legal Affairs Department under the Government Office.
4. Circulars and joint circulars containing provisions related to transport issued by other Ministers or heads of equivalent ministries, and documents issued by the People's Councils and People's Committees at provincial level shall be sent to the Department of Document Inspection under the Ministry of Justice and the Legal Affairs Department under the Ministry of Transport.
Article 8. Inspection and Handling of Documents Containing State Secrets
The inspection and handling of documents containing state secrets shall be carried out in accordance with the provisions of Decree No. 40/2010/NĐ-CP, this Circular, and the laws on protecting state secrets.
Chapter II
SELF-INSPECTION AND HANDLING OF DOCUMENTS ISSUED BY THE MINISTRY OF TRANSPORT, GENERAL DEPARTMENTS, AND BUREAUS
Article 9. Responsibility for Self-Inspection of Documents
1. The Minister of Transport shall organize self-inspection for:
a) Circulars issued by the Minister of Transport;
b) Joint Circulars between the Minister of Transport and other Ministers, heads of equivalent ministries, Chief Justice of the Supreme People's Court, and Prosecutor General of the Supreme People's Procuracy;
c) Documents issued by the Ministry of Transport containing legal norms but not issued in the form of circulars.
2. Heads of General Departments and Bureaus shall organize self-inspection for documents having the form and content of legal normative documents, documents having a form that is not legal normative documents but containing legal norms issued by their own agencies, specifically letters, announcements, notifications, regulations, rules, charters, programs, plans, and other administrative documents.
3. The Head of the Legal Affairs Department shall be responsible for:
a) Serving as the focal point to assist the Minister in implementing self-inspection of documents as stipulated in Clause 1 of this Article;
b) Conducting inspections of documents issued by General Departments and Bureaus when signs of violation of the law are detected or when requests or suggestions from organizations, individuals, and mass media regarding documents suspected of violating the law or being no longer appropriate are received;
c) Monitoring the self-inspection of documents by General Departments and Bureaus as stipulated in Clause 2 of this Article.
4. The head of the legal department of General Departments and Bureaus shall serve as the focal point to assist the head of General Departments and Bureaus in implementing self-inspection of documents as stipulated in Clause 2 of this Article.
5. Self-inspection and handling of documents shall be conducted in the following cases:
a) Immediately after the document is issued;
b) Upon receiving notification from the competent authority for document inspection or upon receiving requests, suggestions from agencies, organizations, individuals, and mass media about documents suspected of violating the law or being no longer appropriate.
Article 10. Procedure for self-inspection and handling of documents after issuance
1. The Legal Affairs Department, legal affairs organizations of the General Administration and the Bureau shall be responsible for regularly organizing self-inspection of documents immediately after the documents are issued.
2. The Legal Affairs Department, legal affairs organizations shall assign officers to open a Record to track document inspection work according to the model prescribed in Appendix I of this Circular. Officers assigned to self-inspect documents shall be responsible for reviewing, evaluating, and concluding on the legality of the inspected documents, preparing a Document Inspection Report according to the model prescribed in Appendix II of this Circular, and reporting to the Heads of the Legal Affairs Department or the Heads of legal affairs organizations.
In case a document is found to contain content contrary to the law, beyond authority, or no longer appropriate, the officer conducting the self-inspection shall prepare a Document Inspection Report indicating signs of illegality according to the model prescribed in Appendix III of this Circular and report to the Heads of the Legal Affairs Department or the Heads of legal affairs organizations.
3. The Legal Affairs Department or legal affairs organizations of the General Administration and the Bureau shall notify and lead meetings with the drafting agencies and presenting agencies to unify illegal contents or those no longer appropriate; unify measures to handle illegal contents or those no longer appropriate of the inspected document (suspending, amending, revoking, or partially or wholly abolishing the content of the document) to report to the Heads of the Ministry or the Heads of the General Administration and the Bureau that issued the document for consideration and decision.
If the Legal Affairs Department or legal affairs organizations of the General Administration and the Bureau and the drafting agencies and presenting agencies cannot agree on measures to handle illegal documents, the drafting agencies and presenting agencies must provide explanatory documents. The Legal Affairs Department or legal affairs organizations shall propose measures to handle the document.
4. The Legal Affairs Department or legal affairs organizations of the General Administration and the Bureau shall establish a self-inspection and document handling file to report to the Heads of the Ministry or the Heads of the General Administration and the Bureau. The file includes:
a) A document submission form for resolution according to the model prescribed by the Ministry's Office or the General Administration and the Bureau;
b) A report on the results of self-inspection of documents as stipulated in Clause 5 of this Article;
c) A Document Inspection Report indicating signs of illegality;
d) The inspected document;
e) Legal basis regulations for inspection;
f) Explanatory documents from the drafting agencies and presenting agencies (if any).
5. The report on the results of self-inspection of documents shall include the following contents:
a) Reviewing and assessing the content and degree of illegality of the document; proposing measures to handle the document; measures to remedy consequences caused by illegal documents (if any); deadline for handling the document;
b) Determining causes and responsibilities of officials and civil servants involved in drafting, reviewing, examining, and approving the document.
6. Deputy Ministers assigned responsibility for drafting documents shall be responsible for reviewing and submitting to the Minister for prompt handling of illegal documents issued by the Ministry.
7. Heads of the General Administration and the Bureau that have issued documents as stipulated in Clause 2 of Article 9 of this Circular shall be responsible for reviewing and handling illegal documents they have issued.
Article 11. Procedure for self-inspection and handling of documents upon receipt of notification or request, suggestion
1. When receiving a notification from a Ministry, an agency at the ministerial level, or a request or suggestion from an agency, organization, individual, or mass media regarding a document issued by the Ministry of Transport or General Department/Council that appears to violate laws or is no longer appropriate; the Ministry Leader or the General Department/Council Leader assigns the agency or unit that advised on the issuance of the document to conduct self-inspection and submit a report on the results of the self-inspection to the Legal Affairs Department or legal organization for comments.
2. The Legal Affairs Department or legal organization conducts independent self-inspection and responds to the agency or unit that advised on the issuance of the document.
3. The agency or unit that advised on the issuance of the document prepares a file for self-inspection of the document to be reported to the Ministry Leader or the General Department/Council Leader. The file includes:
a) A document submission form for resolution according to the model prescribed by the Ministry's Office or the General Administration and the Bureau;
b) A form for inspecting documents that appear to violate laws;
c) The inspected document;
d) Legal regulations serving as the basis for inspection;
đ) A report on the results of self-inspection of the document as stipulated in Clause 5, Article 10 of this Circular;
e) Comments from the Legal Affairs Department or legal organization on documents that appear to violate laws.
4. The Ministry Leader or the General Department/Council Leader reviews, concludes, and handles documents that appear to violate laws (if applicable). The agency or unit that advised on the issuance of the draft document submits it for signature by the Ministry Leader or the General Department/Council Leader to issue a notification of the results of handling the document to the Ministry, agency at the ministerial level, or organization, individual, and mass media that made the notification, request, or suggestion; simultaneously sending it to the Legal Affairs Department or legal organization for consolidation and monitoring.
5. The time limit for self-inspection and handling of documents as prescribed in Clauses 1, 2, 3, and Clause 4 of this Article is thirty (30) days, starting from the date of receipt of the notification from the Ministry or agency at the ministerial level or the request or suggestion from organizations or individuals.
Chapter III
INSPECTION AND HANDLING OF DOCUMENTS WITHIN AUTHORITY
PART 1
INSPECTION AND HANDLING OF LEGAL REGULATIONS ISSUED BY THE MINISTER OF TRANSPORTATION OR OTHER MINISTERIAL LEVEL AGENCIES; PROVINCE PEOPLE'S COUNCILS AND PROVINCE PEOPLE'S COMMITTEES
Article 12. Authority to Inspect Documents of the Minister of Transportation
1. The Minister of Transportation has the authority to inspect Circulars issued by the Minister, other ministerial-level agency leaders, Resolutions of People's Councils, decisions, directives of Provincial People's Committees that contain provisions related to the field of transportation.
2. The Legal Affairs Department Director assists the Minister in organizing the implementation of inspections of documents within the Minister’s inspection authority.
Article 13. Methods of Inspecting Documents
Document inspection is conducted through the following methods:
1. Inspection of documents sent to the Ministry of Transportation.
2. Inspection of documents upon receipt of requests or suggestions from agencies, organizations, individuals, or mass media regarding documents that appear to violate laws or are no longer appropriate.
3. Inspection of documents by topic, locality (at the issuing agency), or by sector, field.
Article 14. Inspection of Documents by Topic, Locality, or by Sector, Field
1. The Legal Affairs Department develops plans, contents, programs for inspecting documents by topic, locality, or by sector, field, submits them to the Minister for approval, and implements the approved plans and programs.
2. In cases where it is necessary to establish an inter-departmental inspection team to carry out inspections of documents by topic, locality, or by sector, field, the Legal Affairs Department proposes the composition of the inspection team to the Minister for decision.
3. Prior to conducting inspections by topic, locality, or by sector, field, the Legal Affairs Department is responsible for notifying the agency whose document will be inspected. The agency whose document will be inspected is responsible for cooperating with the inspection team in carrying out the document inspection.
Article 15. The Minister's authority to handle unlawful legal documents
1. Propose the Minister, Head of a ministerial-level agency, or the Prime Minister to suspend the implementation, revoke, or annul partially or entirely unlawful legal documents issued by the Minister or the Head of a ministerial-level agency related to the industry or sector under the Ministry of Transport’s state management.
2. Propose the Prime Minister to suspend the implementation of provincial People's Council resolutions that contravene the Constitution, laws, and resolutions of the National Assembly; ordinances and resolutions of the Standing Committee of the National Assembly; decrees and decisions of the President; documents issued by the Government or the Prime Minister, or documents that contravene those of the Minister of Transport regarding the industry or sector under the Ministry of Transport’s responsibility.
3. Suspend the implementation and propose the Prime Minister to revoke or annul partially or entirely decisions or directives of provincial People's Committees that contravene legal documents concerning the industry or sector under the Ministry of Transport’s state management.
4. Exercise other authorities when assigned by the Government or the Prime Minister in handling unlawful legal documents.
Article 16. Procedures for inspecting and handling legal normative documents issued by the Minister, Heads of other ministerial-level agencies, provincial People's Councils, and provincial People's Committees
1. The Legal Affairs Department is responsible for organizing the inspection of documents within the Minister of Transport’s inspection authority, monitoring the receipt of documents for inspection, assigning leaders and officers to inspect the documents.
2. Inspectors assigned to inspect documents are responsible for reviewing, evaluating, and concluding on the legality of the inspected documents, preparing a Document Inspection Form, and reporting to the Department Leader.
In case of discovering documents with unlawful content, beyond authority, or no longer appropriate, prepare a Document Inspection Form indicating unlawful signs and report to the Department Leader.
3. The Legal Affairs Department prepares a file for inspecting and handling unlawful documents to be submitted to the Department Leader. The file includes:
a) A form for submitting the resolution of the document according to the model prescribed by the Ministry's Office;
b) A form for inspecting documents that appear to violate laws;
c) The inspected document;
d) Legal regulations serving as the basis for inspection;
d) A draft document to notify the issuing agency or person of the unlawful document.
4. The Department Leader signs a notification sent to the issuing agency or person to self-inspect and handle the document according to the law and send the results of the self-inspection and handling to the Ministry of Transport.
5. Within the time limit specified in Clause 1, Article 17 of this Circular, if the issuing agency or person does not submit a notification about the results of their self-inspection and handling or if the handling result is not accepted by the Ministry of Transport, the Legal Affairs Department will advise the Department Leader to handle the unlawful document according to the following provisions:
a) Propose the Minister or the Head of a ministerial-level agency who issued the unlawful document to suspend its implementation, revoke partially or entirely the document within the specified time; if the proposal is not accepted or not handled within the said period, the Minister of Transport shall report to the Prime Minister for a decision.
b) Propose the Prime Minister to suspend the implementation of provincial People's Council resolutions that contravene legal normative documents on transport issued by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister, or the Ministry of Transport.
c) Suspend the implementation and propose the Prime Minister to revoke or annul partially or entirely decisions or directives of provincial People's Committees that contravene legal documents concerning the industry or sector under the Ministry of Transport’s state management.
6. In case the Minister of Transport proposes the Prime Minister to handle unlawful legal documents, the proposal file must be sent to the Ministry of Justice, and simultaneously to the Government Office.
Article 17. Time limit for handling documents suspected of violating the law
1. Within thirty (30) days from the date of receiving the notification from the Ministry of Transport regarding a document suspected of violating the law, the agency or person who issued the document must organize self-inspection, handle the document, and report the results to the Ministry of Transport.
2. Upon expiration of the time limit prescribed in Clause 1 of this Article, if the agency or person who issued the document suspected of violating the law does not conduct self-inspection and handling, or if the Ministry of Transport disagrees with the results of the handling by the agency or person who issued the document, then within fifteen (15) days, the Ministry of Transport shall implement according to the provisions of Clause 5 of Article 16 of this Circular.
PART 2
INSPECTION AND HANDLING OF DOCUMENTS CONTAINING LEGAL PROVISIONS ISSUED IN AN UNAPPROPRIATE FORM OR WITHOUT AUTHORITY
Article 18. Inspection Authority of the Minister of Transport
1. The Minister of Transport has the right to inspect the following documents:
a) Documents containing traffic regulations issued by the Minister, Head of a ministry-level agency but not issued in the form of circulars or joint circulars;
b) Documents containing traffic regulations issued by the People's Councils or People's Committees at provincial level but not issued in the form of resolutions of People's Councils, decisions, or directives of People's Committees;
c) Documents containing traffic regulations or documents having the form and content similar to legal regulations issued by the Heads of government agencies, Heads of units directly under the Ministry, other ministry-level agencies, government agencies, Chairpersons of People's Committees at all levels, and Heads of specialized agencies under People's Committees at provincial level.
2. The Director of the Legal Department assists the Minister in organizing the inspection of the documents specified in Clause 1 of this Article.
Article 19. Methods and Procedures for Inspection
1. Method of inspection: The Ministry of Transport inspects the documents specified in Clause 1 of Article 18 of this Circular upon receiving requests or suggestions from agencies, organizations, individuals, and mass media.
2. The inspection procedure for the documents specified in Clause 1 of Article 18 shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of Article 16 of this Circular.
Article 20. Notification of Illegal Documents and Handling Forms
1. The Minister of Transport notifies the Ministers, Heads of other ministry-level agencies, Chairpersons of People's Councils, or Chairpersons of People's Committees where the inspected documents were issued to direct and organize self-inspection and cancellation of the documents within their authority. The notification is also sent to the agency or person who issued the illegal document.
2. Upon receipt of the notification from the Ministry of Transport, the agency or person who issued the document must suspend and cancel the illegal content of the document. If the agency or person who issued the document fails to handle it, the Ministry of Transport will report to the competent authority to cancel the illegal content of the document.
3. The documents specified in Clause 1 of Article 18 of this Circular shall be handled as follows:
a) Canceling the entire document in cases where the document has the form and content similar to legal regulations issued by persons without the authority to issue legal regulations;
b) Canceling the legal provisions in the document issued by persons with the authority to issue legal regulations but not in accordance with the prescribed form; and legal provisions in the document issued by persons without the authority to issue legal regulations.
Issuing new documents to regulate social relations previously regulated by canceled legal provisions shall be decided by the Minister, Head of a ministry-level agency, Chairperson of People's Councils, and Chairpersons of People's Committees at all levels according to the Law on Enacting Legal Regulations.
4. The examination and handling of responsibility for persons or agencies that issued illegal documents as stipulated in this Article shall be implemented according to the provisions of Article 34 of Decree No. 40/2010/NĐ-CP.
Chapter IV
FORMS OF HANDLING ILLEGAL DOCUMENTS
Article 21. Forms of Handling Illegal Legal Documents
Forms of handling illegal legal documents include:
1. Suspending the implementation of part or all of the contents of the document.
2. Revoking or abolishing part or all of the contents of the document.
Article 22. Suspension of Implementation of Illegal Legal Documents
The form of suspending the implementation of part or all of the contents of the document shall be applied in cases where the illegal content has not been timely amended, supplemented, revoked, or abolished, and if continued to be implemented, it may cause serious consequences, affecting the interests of the State, the rights and legitimate interests of organizations and individuals.
Article 23. Revocation and Abolition of Illegal Legal Documents
1. The form of revoking part or all of the contents of the document shall be applied in cases where part or all of the document was issued beyond authority in form, content, or is inconsistent with the provisions of the law at the time of issuance.
2. The form of abolishing part or all of the contents of the document shall be applied in cases where part or all of the document serving as the basis for issuing another document by a competent state agency has been replaced, leading to the content of the document no longer being consistent with current laws or changes in economic and social conditions.
Article 24. Correction of Legal Documents
During the process of inspection, if it is found that the document only contains errors in the cited legal basis, format, or presentation technique but the content of the document is still consistent with the provisions of the law and ensures its constitutionality and legality, corrections shall be made to those errors.
Chapter V
DUTIES AND RIGHTS OF THE AGENCIES AND PERSONS ISSUING LEGAL DOCUMENTS
Article 25. Duties of Agencies and Persons Authorized to Issue Legal Documents Subject to Inspection
Agencies and persons authorized to issue legal documents subject to inspection (hereinafter referred to as agencies and persons with inspected documents) have the following responsibilities:
1. Sending the issued document to the agency or person authorized to inspect the document as prescribed; providing necessary information and materials to the agency or person authorized to inspect the document.
2. Implementing the publication in the Official Gazette, posting, and disseminating information about legal normative documents that have been processed through mass media according to the law.
3. Explaining the content of the document upon request of the agency or person authorized to inspect the document.
4. Timely organizing self-inspection to detect and handle documents suspected of being illegal according to regulations.
5. Notifying the agency or person authorized to inspect the document about the handling of illegal documents.
6. Creating conditions for the agency or person authorized to inspect the document to perform their inspection tasks.
7. Implementing decisions and requirements of the Prime Minister as stipulated in Article 16 of Decree No. 40/2010/NĐ-CP.
8. Implementing decisions and recommendations of the Minister of Transport as stipulated in Article 15 of this Circular.
Article 26. Rights of Agencies and Persons with Inspected Documents
Agencies and persons with inspected documents have the following rights:
1. Being informed about the plan, content of inspection, and requested content.
2. Presenting opinions related to the content of the inspected document.
3. Refusing to answer or provide information outside their functional scope, duties, powers, or classified information that they are not permitted to disclose according to the law.
4. Explaining and requesting the Minister of Transport to reconsider the notification on handling documents suspected of being illegal within fifteen days from the date of receipt of the notification.
5. In case the Ministry of Transport still decides to handle the document according to Article 15 of this Circular, the agency or person with inspected documents has the right to request the Ministry of Transport to reconsider the handling decision. Within fifteen days from the date of receipt of the request to reconsider the handling decision, if the Ministry of Transport does not respond or the agency or person with inspected documents disagrees, the agency or person with inspected documents has the right to report to the Prime Minister.
When exercising the rights stipulated in Clause 4 and Clause 5 of this Article, the agency or person with inspected documents must prove that the document they issued complies with the law and must bear responsibility before their superiors and the law regarding the truthfulness and correctness in their reports and requests.
Article 27. Examination and Handling of Liability for Issuing Illegal Documents
The examination and handling of liability for agencies and individuals who have issued illegal documents shall be carried out in accordance with Article 34 of Decree No. 40/2010/NĐ-CP and specific guidance from the Ministry of Home Affairs and the Ministry of Justice.
Chapter VI
CONDITIONS TO ENSURE FOR THE WORK OF INSPECTION AND HANDLING OF DOCUMENTS
Article 28. Funding to Ensure Inspection and Handling of Documents
1. The funding to ensure inspection work and personnel involved in inspecting regulatory documents of agencies and organizations at each level shall be guaranteed by the state budget at that level and included in the annual state budget estimate of the agency or unit.
2. Annually, based on the Program for Building Regulatory Documents, the Inspection Plan, and the Handling Plan of Documents, and current regulations, the Office of the Ministry, General Departments, and Bureaus shall develop plans for funding inspection and handling of regulatory documents.
3. The Finance Department shall be responsible for coordinating with competent financial authorities to provide funding for the inspection and handling of regulatory documents in accordance with the regulations.
Article 29. Inspectors Collaborating in Document Inspection
1. Collaborating inspectors for document inspection are selected from experienced experts in the field of drafting and inspecting documents relevant to the inspected document area, hired by the head of the document inspection agency under a contractual mechanism or a time-limited contract, subject to management, professional guidance, and task execution according to the requirements of the inspection agency.
2. Based on the degree and requirements for inspecting regulatory documents, the Director of the Legal Affairs Department shall establish and manage a team of collaborating inspectors for regulatory document inspection.
Article 30. Database System Serving Inspection, Handling, and Review of Documents
The Director of the Legal Affairs Department shall lead and coordinate with departments and units under the Ministry to assist the Minister in reviewing and building a database system of regulatory documents as a legal basis for inspection and handling of documents within their authority.
Article 31. Reports on Inspection and Handling of Regulatory Documents
1. Every six months and annually, all departments and units under the Ministry shall report on self-inspection results of documents and handling of documents in accordance with this Circular.
2. The Legal Department shall be responsible for:
a) Maintain a Record of Document Inspection Work and a Record of Handling Documents Showing Signs of Violation according to the model specified in Appendix I and Appendix IV of this Circular to monitor and urge the handling of documents by agencies.
b) Summarize and advise the leadership of the Ministry to report to the Ministry of Justice on the inspection and handling of regulatory documents every six months and annually as prescribed.
Chapter VII
EFFECTIVE DATE AND IMPLEMENTATION
Article 32. Effectiveness
This Circular takes effect 45 days from the date of issuance.
Article 33. Implementation Organization
1. The Head of the Office, the Inspector General of the Ministry, Heads of Departments, General Departments, Bureaus, related agencies, organizations, and individuals are responsible for implementing this Circular.
2. The Director of the Legal Affairs Department shall be responsible for urging, inspecting, summarizing, and reporting to the Minister every six months and annually on the implementation of this Circular./.
원본 문서(PDF)
관계도
↑ 근거 및 이 문서에 영향을 주는 문서
근거 4
17/2008/QH12
Luật Ban hành văn bản quy phạm pháp luật số 17/2008/QH12
만료됨
31/2004/QH11
Luật Ban hành văn bản quy phạm pháp luật của Hội đồng nhân dân, Uỷ ban nhân dân số 31/2004/QH11
만료됨
40/2010/NĐ-CP
Nghị định số 40/2010/NĐ-CP Về kiểm tra và xử lý văn bản quy phạm pháp luật
만료됨
51/2008/NĐ-CP
Nghị định số 51/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải
만료됨
25/2011/TT-BGTVT
Circular No. 25/2011/TT-BGTVT on inspection and handling of regulatory legal documents in the field of transport
Expired
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