Decree No. 40/2010/NĐ-CP on Inspection and Handling of Legal Normative Documents

DECREE

Regarding the inspection and handling of regulatory legal documents

______________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

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

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

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Decree stipulates the inspection of regulatory legal documents (hereinafter referred to as documents) and the handling of documents that show signs of violating the law issued by the Minister, Heads of Ministries equivalent to Ministries, People's Councils at all levels, and People's Committees at all levels.

2. Documents subject to inspection and handling under this Decree include:

a) Circulars of the Minister, Heads of Ministries equivalent to Ministries;

b) Joint Circulars between Ministers, Heads of Ministries equivalent to Ministries; Joint Circulars between the Minister, Heads of Ministries equivalent to Ministries and the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy;

c) Resolutions of People's Councils, decisions, directives of People's Committees.

3. Documents containing legal norms but not issued in the form of regulatory legal documents; documents containing legal norms or having the format and content similar to regulatory legal documents issued by agencies or individuals without authority at ministries, sectors, and localities shall also be inspected and handled according to the provisions of this Decree.

Article 2. Purpose of inspecting documents

The inspection of documents is conducted to identify contents that violate the law within the documents to promptly suspend their implementation, revoke, annul, ensuring the constitutionality, legality, and consistency of the legal system, while recommending agencies or individuals 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 3. Content of inspecting documents

The content of inspecting documents involves reviewing, evaluating, and concluding on the constitutionality and legality of the 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 correct legal grounds.

a) There are legal grounds for issuing;

b) Those documents serving as legal grounds have been signed and issued or approved at the time of issuing the document being inspected.

2. Issued within the appropriate authority.

Authority to issue documents includes: formal authority and substantive authority.

a) Formal authority is the issuance of documents by agencies or individuals with authority in accordance with the forms prescribed in 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 is the issuance of documents by agencies or individuals with authority consistent with their powers as prescribed by law.

3. The content of the document is consistent with legal provisions.

a) Documents issued within authority must be consistent with the Constitution, laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decrees, decisions of the President; documents issued by the Government, Prime Minister, Ministers, Heads of Ministries equivalent to Ministries, and higher-level state agencies;

b) Regulatory legal documents do not restate contents already provided in other regulatory legal documents and ensure consistency between existing documents and newly issued documents from the same agency;

c) Documents issued by other Ministers, Heads of Ministries equivalent to Ministries must be consistent with documents issued by the Minister, Head of the Ministry equivalent to a Ministry managing the relevant sector;

d) Decisions, directives of People's Committees must be consistent with resolutions of the same level People's Councils.

Documents issued by state agencies and individuals with authority must ensure they do not obstruct the implementation of international treaties to which the Socialist Republic of Vietnam is a party.

4. Documents are issued in compliance with the procedures, formalities, formats, and presentation techniques prescribed by law.

Article 4. Principles for inspecting documents and handling unlawful documents

1. The inspection of documents and the handling of unlawful documents shall be conducted regularly, comprehensively, and promptly; objectively, publicly, and transparently; in accordance with authority, procedures, and formalities; combining the inspection by competent authorities with self-inspection by the issuing agencies, ensuring coordination among relevant agencies.

2. It is strictly prohibited for agencies, organizations, and individuals to exploit document inspections for personal gain, causing difficulties for the normal operations of the agencies or persons who issued the documents, and interfering with the process of handling unlawful documents.

3. After completing the inspection, the agency conducting the document inspection must issue a conclusion on the inspection and notify the agency or person with authority that issued the inspected document according to the provisions of the law.

4. Agencies or persons with authority to handle documents are responsible for their inspection conclusions and handling decisions; if a decision to handle unlawfully is made, they must remedy the legal consequences caused by such a decision.

Article 5. Methods for inspecting documents

Document inspections are carried out through the following methods:

1. Inspecting documents sent by agencies or persons authorized to issue documents.

2. Inspecting documents upon receiving requests or complaints from agencies, organizations, or individuals regarding documents suspected of being unlawful.

3. Inspecting documents on specific topics, geographic areas (at the issuing agency) or by sector or field.

Article 6. Legal basis for determining the unlawful content of inspected documents

The legal basis for determining the unlawful content of inspected documents as stipulated in Article 3 of this Decree includes normative legal documents with higher legal validity that are currently effective or have been signed and promulgated at the time of document inspection, as provided in Chapter IX "Effectiveness of Normative Legal Documents, Application Principles, Publicizing Normative Legal Documents" of the Law on Enacting Normative Legal Documents and Chapter V "Effectiveness and Application Principles of Normative Legal Documents of People's Councils, People's Committees" of the Law on Enacting Normative Legal Documents of People's Councils, People's Committees.

Article 7. Measures for Handling Agencies or Individuals Who Have Issued Unlawful Documents

Based on the unlawful content of the document and the actual damage caused by the unlawful document, the competent authority conducting the inspection may recommend:

1. Agencies or individuals who have issued unlawful documents to promptly apply measures to remedy the consequences caused by the issuance and implementation of the unlawful document.

2. Competent authorities to determine the form and degree of handling against agencies or individuals who have issued unlawful documents.

Depending on the nature and severity of the violation of the unlawful document, agencies or individuals who have issued unlawful documents must bear disciplinary responsibility or criminal liability as prescribed by law.

Article 8. Announcing the Handling of Unlawful Documents

The results of handling unlawful documents must be publicly announced, reported in mass media, and published in the Official Gazette or posted on the electronic information website of the issuing agency (for documents issued by Ministries, agencies equivalent to Ministries, agencies under the Government, and provincial level agencies) or posted at the headquarters of the issuing agency or other locations determined by the Chairman of the People's Committee at the district level or the Chairman of the People's Committee at the commune level (for documents issued by district and commune level agencies), no later than three working days from the date of the handling decision.

Article 9. Documents for inspecting legal texts

1. The agency or person authorized to inspect legal texts shall be responsible for establishing documents for inspecting legal texts.

2. Documents for inspecting legal texts include legal texts with contents contrary to the law that are discovered through the inspection of legal texts and are proposed to be handled according to the provisions of the law; results of handling legal texts.

3. Documents for inspecting legal texts shall be stored in accordance with the law on archiving.

Article 10. Inspection and Handling of Legal Texts Containing State Secrets

The inspection and handling of legal texts containing state secrets shall be implemented in accordance with this Decree and the regulations of the law on protecting state secrets.

Chapter II

AGENCIES AND PERSONS AUTHORIZED TO ISSUE LEGAL TEXTS SHALL SELF-CHECK LEGAL TEXTS

Article 11. Responsibility for Self-Checking Legal Texts    

1. Ministers, Heads of Ministries equivalent to ministries, People's Councils at all levels, and People's Committees at all levels must self-check legal texts issued by themselves or jointly issued immediately after the issuance of the legal texts, upon receiving notifications from agencies or persons authorized to inspect legal texts, or requests, suggestions from agencies, organizations, individuals, and mass media.

Specific responsibilities are as follows:

a) The Head of the Legal Department under the Ministry or ministry-equivalent agency (hereinafter referred to as the head of the legal organization of the Ministry or ministry-equivalent agency) assists the Minister or Head of the ministry-equivalent agency in self-checking circulars and joint circulars issued by the Minister or Head of the ministry-equivalent agency;

b) The Director of the Department of Legal Text Inspection under the Ministry of Justice (hereinafter referred to as the Legal Text Inspection Department) assists the Minister of Justice in self-checking circulars and joint circulars issued by the Minister of Justice;

c) The head of the legal organization under the Government shall cooperate with the legal organization under the Ministry which has issued legal texts within the scope of activities of the Government agency to self-check legal texts;

d) The Head of the Legal Committee of the People's Council, the Director of the Department of Justice, the Head of the Justice Division, and the civil servant of justice-household registration at the commune level assist the People's Council and the People's Committee at the same level in self-checking legal texts.

2. The Director of the Legal Text Inspection Department, the head of the legal organization of the Ministry or ministry-equivalent agency, and the Government agency have the responsibility to coordinate with relevant agencies and units under the Ministry or sector that have jointly issued legal texts to comprehensively self-check the content of the legal texts.

3. Relevant agencies and units must promptly provide necessary information, materials, and cooperate with the Legal Text Inspection Department, legal organizations of the Ministry or ministry-equivalent agency, Government agency, Legal Committee of the People's Council, Department of Justice, Justice Division, and civil servants of justice-household registration at the commune level in self-checking legal texts.

Article 12. Handling Illegal Legal Texts Through Self-Inspection

1. When conducting self-inspection of legal texts, if illegal signs are found in the legal texts, the agency or unit implementing the self-inspection as stipulated in Article 11 of this Decree shall establish inspection documents and immediately report to the agency or person authorized to issue or jointly issue the legal texts for review and self-handling according to the regulations.

2. For illegal legal texts, the report on the results of self-inspection of legal texts shall include the following basic contents:

a) Review and assess the content and degree of illegality of the legal text and the direction of handling; measures to mitigate the consequences caused by the legal text (if any); deadline for handling the legal text;

b) Determine the cause and responsibility of officials and civil servants involved in drafting, reviewing, examining, and approving the legal text.

3. Agencies and persons authorized to handle illegal legal texts that have been issued shall take timely action.

4. The results of self-handling of legal texts must be announced in accordance with Article 8 of this Decree. In cases where self-inspection is conducted upon receipt of notification from the inspection agency, it must notify the legal text inspection agency in accordance with Article 23 of this Decree.

Chapter III

INSPECTION AND HANDLING OF LEGAL TEXTS WITHIN AUTHORITY

PART 1. INSPECTION AUTHORITY FOR LEGAL DOCUMENTS

Article 13. Inspection Authority of Ministers and Heads of Ministries Equivalent to Ministries for Legal Documents

1. Ministers and Heads of Ministries Equivalent to Ministries shall inspect legal documents issued by other Ministers and Heads of Ministries Equivalent to Ministries, People's Councils, and People's Committees at provincial level that relate to their respective fields of state management.

The head of the legal institution within the Ministry or Ministry Equivalent assists the Minister or Head of the Ministry Equivalent in carrying out inspections of legal documents within the inspection authority of the Minister or Head of the Ministry Equivalent.

The head of the legal institution under the Government coordinates with the legal institutions of Ministries or Ministries Equivalent responsible for state management in the relevant industry or field to carry out inspections of legal documents within the scope of activities of the Government-affiliated agency according to their authority.

2. The Minister of Justice shall exercise the inspection authority for legal documents as stipulated in Clause 1 of this Article and assist the Prime Minister in inspecting:

a) Circulars issued by Ministers and Heads of Ministries Equivalent relating to the field of state management of the Ministry or Ministry Equivalent or involving multiple industries or fields of state management;

b) Joint Circulars between Ministers and Heads of Ministries Equivalent; contents within the field of state management of the Ministry or Ministry Equivalent in joint Circulars between Ministers and Heads of Ministries Equivalent and the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy;

c) Resolutions issued by People's Councils, decisions, directives issued by People's Committees at provincial level involving multiple industries or fields of state management.

The Director of the Legal Document Inspection Department assists the Minister of Justice in inspecting legal documents within the inspection authority of the Minister of Justice.

3. The Chairman of the Government Office shall exercise the inspection authority as stipulated in Clause 1 of this Article and assist the Prime Minister in inspecting:

a) Circulars issued by the Minister of Justice regarding the field of state management of the Ministry of Justice; joint Circulars between the Minister of Justice and other Ministers and Heads of Ministries Equivalent, with the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy;

b) Other legal documents when assigned by the Government or the Prime Minister.

In case of disputes over inspection authority, the Minister of Justice shall report to the Prime Minister for decision.

Article 14. Inspection Authority of Chairpersons of People's Committees at Provincial Level and Chairpersons of People's Committees at District Level for Legal Documents

1. The Chairperson of a People's Committee at provincial level shall organize the inspection of legal documents issued by People's Councils and People's Committees at district level.

2. The Chairperson of a People's Committee at district level shall organize the inspection of legal documents issued by People's Councils and People's Committees at commune level.

The Director of the Department of Justice, the Head of the Justice Division shall assist the Chairperson of the People's Committee at the same level in implementing the inspection of legal documents as provided for in Clauses 1 and 2 of this Article.

Article 15. Inspection of Legal Documents by Topic, Region, or Industry/Field

1. Ministers, Heads of Ministries Equivalent to Ministries, Chairpersons of People's Committees at provincial level, and Chairpersons of People's Committees at district level shall approve plans for inspecting legal documents by topic, region, or industry/field and urge, direct, and inspect the implementation of such plans.

2. Ministers, Heads of Ministries Equivalent to Ministries, Chairpersons of People's Committees at provincial level, and Chairpersons of People's Committees at district level shall decide to establish inter-ministerial inspection teams to conduct inspections of legal documents by topic, region, or industry/field within their inspection authority.

3. Prior to conducting inspections by topic, region, or industry/field, the inspecting agency must notify the agency issuing the inspected legal document; the agency issuing the inspected legal document has the responsibility to cooperate with the inspection team in the inspection process.

PART 2. AUTHORITY TO HANDLE UNLAWFUL LEGAL DOCUMENTS

Article 16. The Minister of Justice assists the Prime Minister in handling unlawful legal documents

The Minister of Justice shall submit to the Prime Minister for consideration and decision:

1. To suspend implementation, revoke, or annul partially or entirely the contents concerning:

a) Circulars issued by Ministers or Heads of Ministries or equivalent agencies that contravene the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decisions of the Government, and decisions of the Prime Minister, as well as regulations on sectors and fields under the management of other Ministries or equivalent agencies;

b) Decisions and directives issued by provincial People's Committees that contravene the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decisions of the Government, and decisions of the Prime Minister, as well as circulars and joint circulars of Ministers or Heads of Ministries or equivalent agencies and resolutions of provincial People's Councils at the same level.

2. To suspend implementation partially or entirely the contents concerning:

a) Unlawful contents within the scope of management of Ministries or equivalent agencies in joint circulars issued by Ministers or Heads of Ministries or equivalent agencies together with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy, while requiring the Ministers or Heads of Ministries or equivalent agencies to negotiate with the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to handle such documents;

b) Resolutions of provincial People's Councils that contravene the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, decisions of the Government, and decisions of the Prime Minister, as well as circulars and joint circulars of Ministers or Heads of Ministries or equivalent agencies, while proposing the Standing Committee of the National Assembly to revoke them.

3. To exercise other authorities in handling unlawful legal documents as prescribed by law.

Article 17. Authority of Ministers and Heads of Ministries or Equivalent Agencies in Handling Unlawful Legal Documents

1. Authority of Ministers and Heads of Ministries or Equivalent Agencies:

a) To recommend the Minister or Head of a Ministry or equivalent agency or the Prime Minister to suspend implementation, revoke, or annul partially or entirely unlawful legal documents issued by Ministers or Heads of Ministries or equivalent agencies related to their respective sectors or fields of state management;

b) To recommend the Prime Minister to suspend implementation of resolutions of provincial People's Councils that contravene the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, and other legal documents issued by the Government or the Prime Minister, or contravene legal documents of Ministries or equivalent agencies regarding sectors or fields managed by those Ministries or equivalent agencies;

c) To suspend implementation and recommend the Prime Minister to revoke or annul partially or entirely decisions and directives issued by provincial People's Committees that contravene legal documents on sectors or fields of state management of their respective Ministries or equivalent agencies;

d) To exercise other authorities when assigned by the Government or the Prime Minister in handling unlawful legal documents.

2. Authority of the Minister of Justice:

a) To exercise authority in handling unlawful legal documents as provided for in Clause 1 of this Article;

b) To recommend the Minister or Head of a Ministry or equivalent agency or the Prime Minister to suspend implementation, revoke, or annul partially or entirely unlawful legal documents issued by Ministers or Heads of Ministries or equivalent agencies related to their respective sectors or fields of state management or involving multiple sectors or fields of state management;

To recommend the Prime Minister to suspend implementation of unlawful resolutions issued by provincial People's Councils involving multiple sectors or fields of state management;

c) To suspend implementation and recommend the Prime Minister to revoke or annul partially or entirely decisions and directives issued by provincial People's Committees that contravene legal documents on multiple sectors or fields of state management;

d) To handle unlawful joint documents between Ministers or Heads of Ministries or equivalent agencies, or between Ministers or Heads of Ministries or equivalent agencies and the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy according to the procedures stipulated in Clause 4 of Article 20 of this Decree;

đ) To handle unlawful legal documents when authorized by the Prime Minister and report to the Prime Minister on the results of handling;

3. Authority of the Minister of Justice and the Director of the Government Office:

a) To exercise authority in handling unlawful legal documents as provided for in Clause 1 of this Article;

b) To recommend the Minister of Justice to suspend implementation, revoke, or annul partially or entirely unlawful legal documents issued by the Minister of Justice concerning the sectors or fields of state management of the Ministry of Justice;

c) To handle unlawful joint circulars between the Minister of Justice and Ministers or Heads of Ministries or equivalent agencies, the Chief Justice of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy according to the provisions of Clause 4 of Article 20 of this Decree;

d) To handle other unlawful legal documents when assigned by the Prime Minister.

Article 18. The authority of the Chairman of the Provincial People's Committee and the Chairman of the District People's Committee in handling illegal documents

1. Suspend the implementation and revoke, abolish part or all of the illegal documents issued by the directly subordinate People's Committees.

2. Suspend the implementation of illegal resolutions of the directly subordinate People's Councils and request the People's Council to which they belong to revoke or abolish them.

Section 3. PROCEDURES FOR INSPECTION AND HANDLING OF ILLEGAL DOCUMENTS

Article 19. Time limit for sending documents to inspection agencies

Within the latest period of 03 (three) working days from the date of issuance, the agency or person authorized to issue the document, the main drafting agency must send the document to the agency or person authorized to inspect the document according to the following regulations:

1. Documents issued by the Minister, Head of a ministerial-level agency, People's Council, Provincial People's Committee shall be sent to the Department of Legal Document Inspection - Ministry of Justice and the legal department of the ministry or ministerial-level agency authorized to inspect documents according to their respective sectors and fields.

Joint Circulars between Ministers, Heads of ministerial-level agencies with the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy shall be sent to the Department of Legal Document Inspection - Ministry of Justice;

2. Circulars issued by the Minister of Justice, joint circulars between the Minister of Justice and other Ministers, Heads of ministerial-level agencies, the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy shall be sent to the Department of Law - Government Office;

3. Documents issued by the People's Council, District People's Committee shall be sent to the Department of Justice;

4. Documents issued by the People's Council, Commune People's Committee shall be sent to the Justice Office.

Article 20. Procedures for inspection and handling of illegal documents conducted by the Minister, Head of a ministerial-level agency

1. Procedures conducted by the Minister, Head of a ministerial-level agency:

a) When inspecting and discovering signs of illegality in a document, the head of the legal department of the ministry or ministerial-level agency reports to the Minister, Head of a ministerial-level agency who then informs the issuing agency or person to self-inspect and handle the document in accordance with the law;

b) In cases where the issuing agency or person does not handle the document within the prescribed time limit or the Minister, Head of a ministerial-level agency disagrees with the handling result, the Minister, Head of a ministerial-level agency authorized to inspect the document shall handle it in accordance with Clause 1, Article 17 of this Decree.

2. Procedures conducted by the Minister of Justice:

a) When inspecting and discovering signs of illegality in a document, the Director of the Department of Legal Document Inspection notifies the issuing agency or person to self-inspect and handle the document. For joint circulars, after receiving the notification, the agencies that issued the joint circular must cooperate to self-inspect and handle the document in accordance with the regulations;

b) In cases where the issuing agency or person does not handle the illegal document or the Director of the Department of Legal Document Inspection disagrees with the handling result, the Director of the Department of Legal Document Inspection reports to the Minister of Justice to handle the document in accordance with Clause 2, Article 17 of this Decree.

3. The Minister, Chief of the Government Office conducts inspections and handles illegal documents issued by the Minister of Justice, joint circulars issued by the Minister of Justice, and other documents when assigned by the Prime Minister according to the procedures stipulated in Clause 1 of this Article.

4. In cases where the content of a joint circular involving the Supreme People's Court, the Supreme People's Procuracy shows signs of illegality, the Minister of Justice or the Minister, Chief of the Government Office (for joint circulars with the Ministry of Justice) shall notify these agencies to self-inspect and handle the document in accordance with the law; if the Supreme People's Court, the Supreme People's Procuracy does not handle the notification or the Prime Minister disagrees with the handling result, the Minister of Justice or the Minister, Chief of the Government Office shall report to the Prime Minister for consideration and handling within their authority or report to the Standing Committee of the National Assembly for consideration and handling in accordance with the regulations.

Article 21. Procedures for handling unlawful documents when the Minister, Head of a ministry-level agency, or Chairman of the People's Committee at provincial level requests the Prime Minister

1. When the Minister, Head of a ministry-level agency, or Chairman of the People's Committee at provincial level requests the Prime Minister to handle unlawful documents, the request file must be sent to the Ministry of Justice and simultaneously to the Government Office.

2. For unlawful documents where there is no longer any differing opinions on how to handle them, within 15 (fifteen) days from the date of receipt of the request, the Minister of Justice shall examine and report to the Prime Minister for handling according to the provisions of Article 16 of this Decree.

3. For documents where there are still differing opinions on their legality or where there is a request to reconsider the decision on handling according to Clause 5, Article 32 of this Decree, within 30 (thirty) days from the date of receipt of the request, the Minister of Justice shall take the lead and coordinate with the Minister, Director of the Government Office, other Ministers, Heads of ministry-level agencies, Heads of government agencies, Chairmen of the People's Committees at provincial level, and Heads of related agencies to handle the document according to the following procedures:

a) The agency or person with authority to inspect and request handling of the document reports on the document that has been inspected and found to be unlawful and needs to be handled.

b) The Minister of Justice reports on the constitutionality and legality of the document requested for handling and proposes a direction for handling.

c) The agency or person issuing the document requested for handling explains the contents related to the document.

d) The Ministers, Heads of ministry-level agencies, Chairmen of the People's Committees at provincial level, and Heads of related agencies exchange and discuss the legality of the document.

đ) The Minister of Justice concludes, proposes a direction for handling the document, and reports the handling result to the Prime Minister.

Article 22. Procedures for the Chairman of the People's Committee at provincial level and Chairman of the People's Committee at district level to inspect and handle unlawful documents

1. When inspecting and discovering documents with signs of unlawfulness, the Director of the Department of Justice or the Head of the Justice Division shall notify the agency that issued the document to self-inspect and handle it according to the law.

2. In cases where the agency that issued the document with signs of unlawfulness does not handle it within the prescribed time limit or the Director of the Department of Justice or the Head of the Justice Division disagrees with the handling result, the Director of the Department of Justice or the Head of the Justice Division shall report to the Chairman of the People's Committee at the same level for handling according to the provisions of Article 18 of this Decree.

Article 23. Time limit for handling documents with signs of unlawfulness

1. Within 30 (thirty) days from the date of receipt of the notification about the document having signs of unlawfulness, the agency or person issuing the document must organize self-inspection and handling of the document and report the handling result to the document inspection agency.

2. At the end of the handling period stipulated in Clause 1 of this Article, if the agency or person issuing the document with signs of unlawfulness does not self-inspect and handle it or the competent agency for inspection and handling of the document does not agree with the handling result of the agency or person issuing the document, within 15 (fifteen) days, the competent agency handling the document must report to the directly superior agency or person with authority for consideration and handling according to the regulations.

3. The People's Council's handling of resolutions it has issued that have signs of unlawfulness must be conducted at the nearest session of the People's Council.

PART 4. INSPECTION AND HANDLING OF DOCUMENTS CONTAINING LEGAL REGULATIONS ISSUED IN AN INCORRECT FORM OR WITHOUT AUTHORITY

Article 24. Documents to be inspected

1. The agency or person with authority to inspect documents shall conduct inspections on documents containing legal regulations that have not been issued in the form of legal regulatory documents, or documents containing legal regulations or having the format and content similar to legal regulatory documents issued by agencies or individuals without authority at ministries, sectors, and localities upon receiving requests or recommendations from agencies, organizations, individuals, and mass media outlets.

2. Documents to be inspected under Clause 1 of this Article include:

a) Documents containing legal regulations issued by the Minister, Head of a ministry-level agency, People's Council, or People's Committee but not issued in the form of Circulars of the Minister, Head of a ministry-level agency, Resolutions of the People's Council, Decisions, or Directives of the People's Committee;

b) Documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Heads of government agencies, Chairpersons of provincial-level People's Committees, Heads of units directly under ministries, ministry-level agencies, government agencies, or Heads of specialized agencies under provincial-level People's Committees.

Article 25. Inspection Authority and Procedures

1. The Minister of Justice shall conduct inspections and handle documents containing legal regulations issued by the Minister, Head of a ministry-level agency, People's Council, or provincial-level People's Committee but not issued in the form of Circulars of the Minister, Head of a ministry-level agency, Resolutions of the People's Council, or Decisions, Directives of the People's Committee; documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Heads of government agencies, Chairpersons of provincial-level People's Committees, Heads of units directly under ministries, ministry-level agencies, government agencies.

2. The Minister of Justice or the Director of the Government Office shall conduct inspections and handle documents specified in Clause 1 of this Article issued by the Minister of Justice or the Heads of units directly under the Ministry of Justice.

3. The Director of the Department of Justice shall conduct inspections and handle documents containing legal regulations issued by the People's Council or district-level People's Committee but not issued in the form of Resolutions of the People's Council or Decisions, Directives of the People's Committee; documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Chairperson of the district-level People's Committee or Heads of specialized agencies under the district-level People's Committee.

The Chairman of the People's Committee Office at the provincial level assists the Chairman of the same-level People's Committee in conducting inspections and handling documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Director of the Department of Justice.

4. The Head of the Justice Division shall conduct inspections and handle documents containing legal regulations issued by the People's Council or commune-level People's Committee but not issued in the form of Resolutions of the People's Council or Decisions, Directives of the People's Committee; documents issued by the Chairman of the commune-level People's Committee or other individuals at the commune level containing legal regulations.

The Chairman of the People's Committee Office at the district level assists the Chairman of the same-level People's Committee in conducting inspections and handling documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Head of the Justice Division.

5. Inspections and handling of documents containing legal regulations or having the format and content similar to legal regulatory documents issued by the Heads of agencies or units under ministries, ministry-level agencies, government agencies organized at the provincial or district levels shall be carried out as follows:

a) For documents issued by the Heads of agencies or units under ministries, ministry-level agencies, government agencies organized at the provincial level, they shall be inspected and handled according to the provisions of Clauses 1 and 2 of this Article. In cases where the person who issued the document does not self-inspect and handle it, the person with inspection authority shall report and recommend the Minister or Head of a ministry-level agency to handle it according to their authority;

b) For documents issued by the Heads of agencies or units under ministries, ministry-level agencies, government agencies organized at the district level, they shall be inspected and handled according to the provisions of Clause 3 of this Article. In cases where the person who issued the document does not self-inspect and handle it, the person with inspection authority shall request the higher-level management agency to review and handle it.

6. The procedures for handling documents violating the law as stipulated in Clauses 1, 2, 3, and 4 of this Article shall be implemented according to the provisions of Clause 2, Clause 3 of Article 20, Article 22, and Clause 1 of Article 26 of this Decree.

Article 26. Notification of illegal documents and forms of handling

1. The competent authority shall notify the Minister, Head of a ministerial-level agency, Chairman of the People's Council, or Chairman of the People's Committee where the document is being inspected to direct and organize self-inspection and revoke the document within their jurisdiction. The notification shall also be sent to the agency or person who issued the illegal document.

2. When conducting self-inspection and discovering or receiving a notification from the competent authority inspecting the document, the agency or person who issued the document must suspend and revoke the illegal content of the document. If the agency or person who issued the document does not handle it, the competent authority inspecting the document shall report to the authority with the power to handle the revocation of the illegal content of that document.

3. Documents specified in Clause 2 of Article 24 of this Decree shall be handled as follows:

a) Revoking the entire document in cases where the document has the form and content of a regulatory legal document issued by a person without the authority to issue regulatory legal documents;

b) Revoking the legal regulations in the document issued by a person with the authority to issue regulatory legal documents but not in accordance with the prescribed form; the legal regulations in the document issued by a person without the authority to issue regulatory legal documents.

Issuing new documents to regulate social relations previously regulated by repealed legal regulations shall be decided by the Minister, Head of a ministerial-level agency, Chairmen of People's Councils at all levels according to the provisions of the Law on Enacting Regulatory Legal Documents.

4. The examination and handling of responsibility for persons and agencies issuing illegal documents as stipulated in this Article shall be carried out in accordance with the provisions of Article 34 of this Decree.

SECTION 5. FORMS OF HANDLING ILLEGAL DOCUMENTS

Article 27. Forms of handling illegal documents

The forms of handling illegal documents include:

1. Suspending the implementation of part or all of the content of the document;

2. Revoking or abolishing part or all of the content of the document.

Article 28. Suspension of Implementation of Illegal Documents

The form of suspending the implementation of part or all of the content of the document shall be applied in cases where the illegal content, if not promptly amended, supplemented, revoked, or abolished, may cause serious consequences and affect the interests of the State, the legitimate rights and interests of organizations and individuals.

Article 29. Revocation and Abolition of Illegal Documents

1. The form of revoking part or all of the content of the document shall be applied in cases where part or all of the document was issued without the appropriate authority regarding form, content, or is inconsistent with the provisions of the law from the time of issuance.

2. The form of abolishing part or all of the content of the document shall be applied in cases where part or all of the document serving as the basis for issuing the inspected document has been replaced by another document of a competent state agency, leading to the content of the document no longer being consistent with current laws or changes in economic and social conditions.

Article 30. Correction of Documents

During the process of inspection, if it is found that the document only contains errors in the cited legal basis, format, and presentation techniques but the content of the document is consistent with the provisions of the law and ensures its constitutionality and legality, corrections shall be made for those errors.

Chapter IV

OBLIGATIONS AND RIGHTS OF THE AGENCIES AND PERSONS ISSUING DOCUMENTS

Article 31. Obligations of agencies and persons authorized to issue documents subject to inspection

Agencies and persons authorized to issue documents subject to inspection (hereinafter referred to as agencies and persons issuing inspected documents) shall have the following responsibilities:

1. Send the issued document to the agency or person authorized to inspect the document as prescribed; provide necessary information and materials to the agency or person authorized to inspect the document.

2. Implement the publication in the Official Gazette, posting, and broadcasting of laws and regulations that have been processed on mass media according to the law.

3. Explain the content of the document upon request of the agency or person authorized to inspect the document.

4. Timely organize self-inspection to detect and handle documents showing signs of violation of the law as stipulated in Clause 1, Article 11 and Article 12 of this Decree.

5. Report on the handling of illegal documents to the agency or person authorized to inspect the document.

6. Create conditions for the agency or person authorized to inspect the document to perform their inspection tasks.

7. Implement decisions and requirements of the Prime Minister as prescribed in Article 16 of this Decree.

8. Implement decisions and recommendations of the Minister, Head of a ministerial-level agency as prescribed in Article 17 of this Decree; resolutions of the People's Council at provincial and district levels, decisions of the Chairman of the People's Committee at provincial and district levels as prescribed in Article 18 of this Decree.

Article 32. Rights of agencies and persons issuing inspected documents

Agencies and persons issuing inspected documents have the following rights:

1. To be informed about the plan, content of inspection, and requested content.

2. To present opinions related to the content of the inspected document.

3. To refuse to answer or provide information not within their functional scope, duties, and powers, or information classified as state secrets that cannot be provided according to the law.

4. To explain and request the Ministers, Heads of ministerial-level agencies, Chairmen of the People's Committees at provincial and district levels, who have the authority to inspect and handle documents, to reconsider the notification regarding the handling of documents showing signs of violation of the law within 15 (fifteen) days from the date of receipt of the notification.

5. In case the agency or person authorized to inspect and handle the document still decides to handle the document according to Articles 17 and 18 of this Decree, the agency or person issuing the inspected document has the right to request the agency or person authorized to handle the document to reconsider the handling decision. Within 15 (fifteen) days from the date of receipt of the request for reconsideration of the handling decision, if the agency or person authorized to handle the document does not respond or the agency or person issuing the inspected document disagrees, the agency or person issuing the inspected document has the right to report to the Prime Minister (if the agency or person who handled the document is the Minister, Head of a ministerial-level agency, People's Council, Chairman of the People's Committee at provincial level) or report to the Chairman of the People's Committee at provincial level (if the agency or person who handled the document is the People's Council, Chairman of the People's Committee at district level).

When exercising the rights prescribed in Clause 4 and 5 of this Article, the agency or person issuing the inspected document must prove that the document they issued complies with the law and must bear responsibility before their superiors and before the law for the truthfulness and accuracy in their reports and requests.

Article 33. Acts Violating the Law in Inspection and Handling of Documents

1. Failing to send issued documents to the competent authority for inspection as prescribed; failing to provide necessary information and materials to the competent authority for document inspection.

2. Failing to publish, post, or disseminate information about processed regulatory documents on mass media as prescribed by law.

3. Failing to organize self-inspection to identify and handle unlawful documents issued by oneself.

4. Failing to organize self-inspection and handling of documents when requested or advised by the competent authority for inspection or by organizations, mass media agencies, and individuals.

5. Obstructing or creating difficulties for the competent authority for inspection during the document inspection process.

6. Reporting false information when exercising rights stipulated in Clauses 4 and 5 of Article 32 of this Decree.

7. Failing to implement decisions, requests, or recommendations for handling unlawful documents issued by oneself as required by the competent authority for inspection.

8. Other acts violating the law during the implementation of provisions of this Decree and other related legal documents in the work of inspecting and handling documents.

Depending on the nature and degree of violation of the law regarding document inspection and handling, the entity whose documents are inspected must be dealt with according to the law.

Article 34. Examination and Handling of Responsibility for Entities and Individuals Issuing Unlawful Documents

1. The examination and handling of responsibility for entities and individuals issuing unlawful documents must be based on the content, nature, degree of unlawfulness of the document, and the consequences caused by the unlawful content to society, as well as the nature and degree of fault of the entity or individual issuing or advising on the issuance of the document.

2. The examination of collective responsibility and individual responsibility shall be carried out as follows:

a) An entity issuing a document containing unlawful content must organize a review to determine collective responsibility and report to the superior authority with competence to examine and decide according to the law, while also examining the responsibility of the head of the entity in issuing the document containing unlawful content;

b) Civil servants and public officials involved in drafting, reviewing, verifying, and approving documents containing unlawful content, depending on the nature, degree of fault, and unlawful content of the document, must bear responsibility according to the law on civil servant discipline; kiểm tra, phê chuẩn văn bản có nội dung vi phạm pháp luật, tùy theo tính chất, mức độ vi phạm và nội dung vi phạm pháp luật của văn bản, phải承担责任根据法律规定关于对干部、公务员纪律处分的规定。

The procedure for disciplinary action against civil servants and public officials shall be implemented according to the law on civil servants;

c) In cases where civil servants and public officials commit violations during the drafting and issuance of documents causing serious consequences, they may be recommended for criminal liability investigation according to the law.

3. An entity or individual issuing a document that fails to conduct self-inspection and handling of unlawful documents or fails to report the results of handling as required upon receiving notification or advice from the competent authority for document inspection shall be dealt with according to the law on civil servants and public officials.

4. The Minister of Home Affairs shall take the lead and coordinate with the Minister of Justice to provide detailed guidance on the provisions of this Article.

Chapter V

RESPONSIBILITIES OF THE AUTHORITIES IN DOCUMENT INSPECTION AND HANDLING WORK

Article 35. Responsibilities of Ministries and ministerial-level agencies in the work of inspecting and handling legal documents

1. Responsibilities of Ministries and ministerial-level agencies:

a) Drafting and submitting to competent authorities for issuance, or issuing within their authority, legal documents on inspection and handling of legal documents applicable within their ministries or sectors;

b) Developing and implementing plans for inspecting legal documents within their inspection authority;

c) Taking the lead and coordinating with the Ministry of Justice, the Government Office, and related agencies in inspecting and handling legal documents containing provisions within the scope of management of their ministries or sectors, issued by other ministries, ministerial-level agencies, People's Councils, and provincial People's Committees;

d) Organizing training for staff and civil servants involved in inspecting and handling legal documents; organizing and managing networks of inspectors under their management;

đ) Establishing information networks, building and managing databases to serve the inspection and handling of legal documents within their ministries or agencies;

e) Periodically reporting every six months and annually to the Ministry of Justice on the work of inspecting and handling legal documents;

g) Awarding commendations and disciplinary actions, and recommending competent authorities to award commendations and disciplinary actions to staff, civil servants, and inspectors under their management who have identified and proposed inspections and handling of legal documents suspected of violating laws; awarding commendations to organizations and individuals who have discovered and proposed inspections and handling of legal documents suspected of violating laws;

h) Resolving complaints and denunciations regarding the inspection and handling of legal documents within their authority.

2. Responsibilities of the Ministry of Justice in assisting the Government in uniformly managing the work of inspecting and handling legal documents nationwide:

a) Drafting and submitting to competent authorities for issuance, or issuing within their authority, legal documents on inspection and handling of legal documents;

b) Taking the lead and coordinating with the Government Office, ministries, sectors, and related agencies in implementing plans for inspecting legal documents within the inspection authority of the Minister of Justice;

c) Urging, directing, and inspecting the implementation of the work of inspecting and handling legal documents by ministries, sectors, and localities;

d) Providing guidance on inspection and handling procedures, and inspecting the work of legal affairs organizations of ministries, ministerial-level agencies, government agencies, Departments of Justice, and Legal Affairs Offices;

đ) Organizing training for staff and civil servants involved in inspecting and handling legal documents; organizing and managing networks of inspectors;

e) Establishing information networks, building and managing databases to serve the inspection of legal documents; organizing scientific research on inspection and handling of legal documents;

g) Summarizing, concluding, and organizing sectoral competitions on the work of inspecting and handling legal documents; periodically reporting every six months and annually to the Prime Minister on the work of inspecting and handling legal documents nationwide;

h) Awarding commendations and disciplinary actions, and recommending competent authorities to award commendations and disciplinary actions to staff, civil servants, and inspectors under their management who have identified and proposed inspections and handling of legal documents suspected of violating laws; awarding commendations to organizations and individuals who have discovered and proposed inspections and handling of legal documents suspected of violating laws;

i) Implementing international cooperation in the field of inspecting and handling legal documents;

k) Resolving complaints and denunciations regarding the inspection and handling of legal documents within their authority.

Article 36. Responsibilities of the Provincial People's Committee and District People's Committee in the work of inspecting and handling regulatory legal documents

1. Responsibilities of the Provincial People's Committee and District People's Committee:

a) Specify detailed regulations on inspection and handling of documents at the local level;

b) Develop and implement plans for inspecting documents at the local level;

c) Urge and direct the work of inspecting and handling documents at the local level;

d) Summarize, conclude, organize competitions on the work of inspecting and handling documents at the local level; report periodically every six months and annually to the Ministry of Justice (for provincial level) and the Provincial People's Committee (for district level) on the work of inspecting documents;

đ) Coordinate and create conditions for agencies responsible for inspecting documents to carry out inspections according to their authority;

e) Organize training in document inspection skills; organize and manage a team of document inspection collaborators at the local level; organize scientific research on document inspection;

g) Establish a network of information, build and manage a database system to serve document inspection;

h) Reward and discipline, and propose competent authorities to reward and discipline officials, civil servants, and document inspection collaborators at the local level; reward agencies, organizations, and individuals who have discovered and proposed the People's Councils, Provincial People's Committees, People's Councils, and District People's Committees to inspect and handle documents with signs of violation of laws;

i) Resolve complaints and denunciations regarding document inspection and handling within their authority.

2. Departments of Justice and Judicial Departments assist the respective-level People's Committees in managing state administration over the work of inspecting and handling documents as stipulated in Clause 1 of this Article.

Article 37. Acts violating the law in the work of inspecting and handling documents by agencies and persons authorized to inspect documents

1. Not organizing the inspection and handling of documents within their inspection and handling authority.

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

3. Not handling or not reporting to competent authorities for handling documents when discovering documents with signs of violation of laws.

4. Issuing decisions on handling contrary to the law, making illegal requests and recommendations to agencies and individuals whose documents are being inspected.

5. Inspecting and handling documents outside their inspection and handling authority.

6. Not transferring documents outside their inspection and handling authority to competent agencies and persons for inspection and handling.

7. Other acts violating the law during the implementation of provisions in this Decree and related legal documents in the work of inspecting and handling documents.

Depending on the nature and degree of violations of the law concerning document inspection and handling, agencies and persons authorized to inspect documents must be dealt with according to the law.

Chapter VI

CONDITIONS TO ENSURE FOR THE WORK OF INSPECTING AND HANDLING DOCUMENTS

Article 38. Conditions to ensure for the work of inspecting documents

Within the scope of their assigned functions, tasks, and powers, the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, and Chairpersons of all levels of People's Committees are responsible for allocating funds, organizing staffing, and other conditions to ensure service for the work of inspecting, handling, and reviewing documents.

Article 39. Organization and staffing for document review

Based on their functions, tasks, workload, nature, and specific characteristics of their work, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and district People's Committees shall be responsible for establishing appropriate organizations (departments, units, groups, or assigning specialized civil servants) and allocating staff to effectively perform the task of reviewing documents.

Article 40. Document Review Collaborators

1. Document review collaborators are individuals selected from experienced experts in the field of drafting and reviewing documents relevant to the type of document being reviewed, who enter into collaboration contracts with the heads of document review agencies, operate under piecework or time-limited contracts, and are subject to management, professional guidance, and task execution according to the requirements of the document review agency.

2. The document review agency is responsible before the competent authority for the construction and management of the team of document review collaborators.

The scale of the team of document review collaborators of each document review agency depends on the scope and nature of the documents within its jurisdiction.

Article 41. Funding for Document Review and Processing Work

1. The funding for document review and the personnel engaged in the review of regulatory documents of agencies and organizations at various levels is guaranteed by the state budget at that level and is included in the annual budget estimates of the unit.

2. The Minister of Justice shall coordinate with the Minister of Finance to provide detailed guidelines on the funding specified in Clause 1 of this Article.

Article 42. Database System for Document Review, Processing, and Audit

1. The Ministers, Heads of ministerial-level agencies are responsible for auditing laws and ordinances issued by the National Assembly, Standing Committee of the National Assembly, President, Government, Prime Minister concerning matters within the scope of their administrative management, and laws and ordinances issued by them individually or jointly, while the Chairpersons of provincial and district People's Committees are responsible for auditing documents issued by their respective People's Councils and People's Committees to establish a database system serving as a legal basis for document review and processing.

2. The Director of the Department of Legal Review under the Ministry of Justice, the heads of legal departments of ministries, ministerial-level agencies, and government-affiliated agencies assisting the Ministers and Heads of ministerial-level agencies; the Directors of Justice Departments, Legal Affairs Section Chiefs assisting the Chairpersons of the same-level People's Committees shall implement the audit and establishment of the database system for document review and processing within their respective jurisdictions.

Chapter VII

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from June 1, 2010.

2. The Decree No. 135/2003/NĐ-CP dated November 14, 2003 on the inspection and handling of regulatory documents and previous provisions contrary to this Decree are hereby abolished.

Article 44. Transitional Provisions

Decisions and directives of Ministers, Heads of ministerial-level agencies issued before January 1, 2009 which have not been revoked, abolished, or replaced by other documents shall be reviewed and handled in accordance with the provisions of this Decree.

Article 45. Responsibility for Implementation

1. Within the scope of his duties and powers, the Minister of Justice shall be responsible for detailing the implementation of this Decree; inspecting, urging, and annually compiling and reporting to the Prime Minister on the situation of document review and handling by ministries, ministerial-level agencies, government-affiliated agencies, and provincial and centrally-administered city People's Councils and People's Committees.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees at all levels shall be responsible for implementing this Decree./. ​