Circular No. 35/2013/TT-BCT amends and supplements certain Articles of Circular No. 25/2011/TT-BCT dated June 30, 2011, issued by the Minister of Industry and Trade on inspection work, handling, review, systematization, and monitoring the implementation of regulatory legal documents in the field of Industry and Trade.

 

CIRCULAR

Amending and supplementing some articles of Circular No. 25/2011/TT-BCT

dated June 30, 2011, issued by the Minister of Industry and Trade on

inspection, handling, review, systematization, and monitoring the implementation

of normative legal documents in the industry and trade sector

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 16/2013/NĐ-CP dated February 6, 2013, of the Government on reviewing, systematizing normative legal documents; In accordance with the proposal of the Department of Legal Affairs;

The Minister of Industry and Trade issues this Circular amending and supplementing some articles of Circular No. 25/2011/TT-BCT dated June 30, 2011, issued by the Minister of Industry and Trade on inspection, handling, review, systematization, and monitoring the implementation of normative legal documents in the industry and trade sector.

Article 1. Amending and supplementing some articles of Circular No. 25/2011/TT-BCT dated June 30, 2011, issued by the Minister of Industry and Trade on inspection, handling, review, systematization, and monitoring the implementation of normative legal documents in the industry and trade sector as follows:

1. Amend Article 18 as follows:

"Article 18. Responsibilities for reviewing and systematizing legal documents

1. The Department of Legal Affairs is the lead unit responsible for guiding, urging, and organizing the implementation of work related to reviewing and systematizing legal documents concerning the industry and trade sector.

2. Units under the Ministry shall cooperate with the Department of Legal Affairs and carry out reviews of legal documents regulating matters within their assigned state management functions."

2. Amend Clause 3 of Article 19 as follows:

"3. Every six months, conduct reviews, systematizations, constructions, and submit to the Minister for issuance of a Decision announcing the list of legal documents in the industry and trade sector that have become entirely or partially invalid, and publish them in the Official Gazette and on the Ministry's website after approval by the Minister."

3. Supplement Clause 3 and Clause 4 of Article 20 as follows:

"3. Party Programmes, Resolutions, Directives, and other formal documents of the Communist Party of Vietnam; formal documents of competent state agencies related to the objects, scope of regulation, and specific contents of the reviewed documents.

4. Results of investigations and surveys; information, indices, standards on socio-economic development; statistical data, results, and reports; and practical information and data related to the objects, scope of regulation, and specific contents of the reviewed documents published by competent state agencies."

4. Amend the name of Article 21 as follows:

"Article 21. Contents of reviewing legal documents."

2. Collecting, updating, and correcting information about citizens in the Database on Residence and the National Population Database within their jurisdiction;

"Article 24. Responsibilities for monitoring the enforcement of laws

1. Responsibilities of the Legal Affairs Department

a) Take the lead and coordinate with units to develop the annual plan for monitoring the enforcement of laws of the Ministry, to be signed by the Ministry’s leadership;

b) Organize inspections, investigations, surveys, and evaluations of the enforcement of laws in the industry and trade sector for topics led by the Department according to the annual plan for monitoring the enforcement of laws of the Ministry;

c) Coordinate and urge units to implement monitoring activities in the industry and trade sector according to the annual plan for monitoring the enforcement of laws of the Ministry;

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

đ) Annually compile and prepare a report on the monitoring of the enforcement of laws in the industry and trade sector to be submitted to the competent authority as required.

2. Responsibilities of units under the Ministry

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

b) Organize inspections, investigations, surveys, and evaluations of the enforcement of normative legal documents related to the functions and tasks of the unit;

c) Implement specialized inspection, investigation, survey, and evaluation activities on the enforcement of laws led by the unit according to the Ministry’s annual plan for monitoring the enforcement of laws;

đ) Coordinate with the Department of Legal Affairs to report to the Minister and propose measures to address;

d) Send the Department of Legal Affairs a periodic semi-annual report on monitoring the enforcement of laws related to the functions and tasks of the unit."

6. Amend Article 25 as follows:

"Article 25. Plan for Monitoring the Enforcement of Laws of the Ministry of Industry and Trade

1. The plan for monitoring the enforcement of laws of the Ministry of Industry and Trade is developed annually.

2. The plan includes specific topics for monitoring the enforcement of laws; subjects for inspection, investigation, survey, and provision of information; locations for implementation; methods of implementation.

3. The plan for monitoring the enforcement of laws of the Ministry of Industry and Trade must be issued no later than January 30 each year and may be amended or supplemented no later than July 15 each year."

7. Amend Article 26 as follows:

"Article 26. Contents of Monitoring the Enforcement of Laws

1. The situation regarding the issuance of detailed regulations implementing normative legal documents.

2. The situation regarding ensuring conditions for the implementation of laws.

3. Compliance with the law."

8. Supplement Articles 26a, 26b, and 26c as follows:

"Article 26a. Contents of Evaluating the Situation Regarding the Issuance of Detailed Regulations Implementing Normative Legal Documents

1. The timeliness and completeness of the issuance of detailed regulations.

2. Legality, consistency, and coherence of the documents.

3. The feasibility of the documents.

Article 26b. Content of assessing the situation of ensuring conditions for implementing laws

1. The timeliness, completeness, appropriateness, and effectiveness of legal training and dissemination activities.

2. The appropriateness of organizational structures; the level of human resource availability for implementing laws.

3. The level of financial and material resources available to ensure the implementation of laws.

Article 26c. Content of assessing the situation of complying with laws

1. The timeliness and completeness of law enforcement by state agencies and persons with authority.

2. The accuracy and consistency in guiding the application of laws and in applying laws by state agencies and persons with authority.

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

9. Amend Article 27 as follows:

"Article 27. Methods of monitoring the implementation of laws

1. Collecting information on the implementation of laws.

2. Inspecting the implementation of laws.

3. Investigating and surveying the implementation of laws."

10. Add Articles 27a, 27b, 27c, and 27d as follows:

"Article 27a. Collecting information on the implementation of laws

1. The Legal Affairs Department and units under the Ministry shall compile information on the situation of implementing laws from reports of state agencies on the following contents:

a) The number, form, and name of detailed regulations implementing legal normative documents; the number, form, and name of delayed issued documents and reasons for delay; the number of inconsistent, non-synchronized, and less feasible documents;

b) The content, form of training and disseminating laws that have been implemented; the current status of organizational structure, human resources, financial conditions, and material infrastructure ensuring the implementation of laws;

c) The situation of guiding the application of laws, the situation of applying laws by state agencies and competent authorities;

d) The situation of handling violations of laws.

2. The Legal Affairs Department and units under the Ministry shall collect information on the situation of implementing laws published on mass media and provided by organizations and individuals. Information published on mass media and provided by organizations and individuals must be verified and cross-checked before being used to assess the situation of implementing laws.

Article 27b. Inspecting the implementation of laws

1. The Legal Affairs Department and units under the Ministry shall conduct inspections of the implementation of laws to promptly identify difficulties, obstacles, limitations in implementing laws, and deficiencies and inadequacies in the legal system.

2. Agencies, organizations, and individuals subject to inspection shall be responsible for fulfilling the requirements of the inspecting agency as stipulated by law.

Article 27c. Investigating and surveying the implementation of laws

1. The Legal Affairs Department and units under the Ministry shall investigate and survey the situation of implementing laws in specific fields, areas, and subjects through questionnaires, seminars, direct interviews, and other appropriate forms.

2. The investigation and survey activities may be carried out through a cooperative mechanism.

Article 27d. Handling the results of monitoring the implementation of laws

1. Based on the results of collecting information, inspection, investigation, and surveying the situation of implementing laws, the Legal Affairs Department and units under the Ministry shall handle the results within their authority or recommend competent authorities to handle the results of monitoring the situation of implementing laws according to the following contents:

a) Timely promulgating detailed implementing regulations for normative legal documents;

b) Implementing measures to enhance the effectiveness of legal training and dissemination activities; ensuring organizational structure, staffing, budget, and other conditions for law enforcement;

c) Promptly organizing the implementation of normative legal documents that have taken effect;

d) Implementing measures to ensure the accuracy and consistency in guiding the application of laws and in applying laws;

đ) Amending, supplementing, or promulgating new normative legal documents;

e) Implementing other measures to enhance the effectiveness of law enforcement and improve the legal system.

2. The Legal Affairs Department and units under the Ministry shall be responsible for handling the results of monitoring the situation of implementing laws at the request of competent authorities. Units shall be responsible for sending the results of handling to the Legal Affairs Department for overall monitoring.

Article 2. Responsibility for Implementation

The leadership of the Ministry, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.

Article 3. Effectiveness

This Circular takes effect from February 8, 2014./.