Decision No. 476/QD-BTC Issuing the Implementation Plan for the Task of Consolidating Legal Documents Issued Before the Effective Date of the Ordinance on Consolidation of Legal Documents of the Ministry of Finance

 DECISION

Issuing Plan to Implement the Task of Consolidating Legal Documents Issued Before the Effective Date of the Law on Consolidation of Legal Documents

of the Ministry of Finance

Issuing Plan to Implement the Task of Consolidating Legal Documents Issued Before the Effective Date of the Ordinance on Consolidation of Legal Documents of the Ministry of Finance

-------------------------

THE MINISTER OF FINANCE

Pursuant to the Ordinance on Consolidation of Legal Documents No. 01/2012/UBTVQH13 issued by the Standing Committee of the National Assembly on March 22, 2012;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 63/QĐ-TTg dated January 7, 2013 of the Prime Minister on the plan of the Government for consolidating legal documents issued before the effective date of the consolidated legal documents;

At the request of the Director of the Legal Department,

DECISION:

Article 1. This Decision promulgates the Plan to Implement the Task of Consolidating Legal Documents Issued Before the Effective Date of the Ordinance on Consolidation of Legal Documents of the Ministry of Finance.

Article 2The implementation costs will be allocated from the regular budget of the Ministry and its subordinate units that have been assigned self-managed budgets according to current regulations.

Article 3This Decision takes effect from the date of signature. The Director of the Department of Legal Affairs, the Head of the Office of the Ministry, and the Heads of relevant units under the Ministry shall be responsible for its implementation.

PLAN

IMPLEMENTATION OF THE TASK OF CONSOLIDATING LEGAL DOCUMENTS ISSUED BEFORE THE EFFECTIVE DATE OF THE ORDINANCE ON CONSOLIDATION OF LEGAL DOCUMENTS OF THE MINISTRY OF FINANCE

476/QĐ-BTC
(Issued along with Decision No.  dated March 13, 2013 of the Minister of Finance)

The Ordinance on Consolidation of Legal Documents was approved by the Standing Committee of the National Assembly on March 22, 2012, and took effect from July 1, 2013. On January 7, 2013, the Prime Minister issued Decision No. 63/QĐ-TTg on consolidating legal documents issued before the effective date of the consolidated legal documents. To implement the task of consolidating legal documents within the financial sector, the Minister of Finance issues this Implementation Plan with the following main contents:

a) Organizing the implementation of the tasks assigned by the Prime Minister in Decision No. 63/QĐ-TTg dated January 7, 2013, ensuring progress, quality, and effectiveness.

I. OBJECTIVES AND REQUIREMENTS

1. Objective

b) Effectively implementing the consolidation of legal documents within the scope of responsibility, complying with procedures, formalities, and technical requirements for consolidation.

a) Elaborating specific tasks that the Ministry of Finance is responsible for leading or coordinating.

2. Requirements

b) Clearly defining the responsibilities of units under the Ministry, the coordination with legal departments of General Departments in assisting the Minister in implementing assigned tasks, ensuring timely and effective completion, leading responsibilities, and coordinating responsibilities of units under the Ministry;

c) Preparing necessary conditions regarding human resources and funding to consolidate legal documents.

WORK AND ASSIGNMENTS

II. CONTENT 1- Reviewing and compiling a list of legal documents to be consolidated

1.1 Reviewing and compiling a list of legal documents issued or primarily drafted by the Ministry of Finance and submitted to competent authorities for approval, including those amended or supplemented, comprising: legal documents of the President; Decrees of the Government; Decisions of the Prime Minister; Circulars and Decisions of the Minister of Finance; Joint Circulars primarily drafted by the Ministry of Finance.

1.2 Based on preliminary review results, the Department of Legal Affairs will compile a list of legal documents to be consolidated and send it to units under the Ministry for review, update, and supplementation. These lists should be sent back to the Department of Legal Affairs for finalization and further steps.

Completion by March 20, 2013.

2- Organizing training on skills and procedures for consolidating legal documents

2.1 Training participants include: officials and civil servants of the Department of Legal Affairs of the Ministry and legal departments of General Departments; officials and civil servants assigned to review, systematize, and consolidate legal documents at units under the Ministry and General Departments.

2.2 Heads of units under the Ministry will assign leaders and staff based on the list of legal documents to be consolidated and the workload. Lists of participants must be sent to the Department of Legal Affairs by March 20, 2013 for compilation and organization of training sessions.

The Department of Legal Affairs will take the lead and coordinate with relevant units under the Ministry to develop a plan for organizing training sessions. Based on this, training sessions on skills and procedures for consolidating legal documents will be organized in April and May 2013.

3- Organizing the consolidation of legal documents issued before the effective date of the law

3.1 Based on the list of legal documents to be consolidated, the Department of Legal Affairs will assign and guide units under the Ministry to consolidate legal documents within their areas of management. Implementation in April 2013.

3.2 Units under the Ministry will organize the consolidation of legal documents within their areas of management based on the list of legal documents to be consolidated and assignments from the Department of Legal Affairs. Results must be sent to the Department of Legal Affairs for review and verification. Consolidation must be completed by November 30, 2013.

Any issues during consolidation should be promptly discussed with the Department of Legal Affairs to ensure timely resolution without affecting the overall schedule.

3.3 Submitting consolidated legal documents for approval and certification by the Ministry.

Units under the Ministry will complete consolidated legal documents after receiving comments from their own legal departments (if applicable) and submit them for approval and certification by the Ministry.

4- Publishing consolidated legal documents on the electronic Gazette and the Ministry's website:

Within two days after the Ministry signs off on the consolidated legal documents, units will cooperate with the Ministry's Office to publish them on the electronic Gazette; simultaneously, they will cooperate with the Department of Information Technology and Financial Statistics to publish the consolidated legal documents on the Ministry's website.

5- Preparing a report on the results of consolidating legal documents to be submitted to the Ministry of Justice.

5- Prepare the Report on the Results of Consolidating Documents and submit it to the Ministry of Justice.

The Legal Affairs Division is responsible for taking the lead in coordinating with relevant units under the Ministry to prepare a report on the results of consolidating legal normative documents of the Ministry of Finance to be submitted to the Ministry for consolidation and reporting to the Government. To be completed before March 30, 2014.

III. IMPLEMENTATION

          1. Heads of units under the Ministry are responsible for organizing the implementation of the tasks mentioned above; assigning unit leaders and staff members to take charge of consolidating legal normative documents of their units. Legal Departments of General Departments and equivalent entities are responsible for assisting unit heads in organizing the implementation of these tasks.

         2. The Legal Affairs Division is responsible for monitoring and urging units under the Ministry to implement the assigned tasks in the Plan; providing guidance to resolve difficulties and obstacles during the implementation process.

3. The funding for implementation will be allocated from the regular budget (self-managed budget) of the units tasked with carrying out the mission. The content and expenditure standards shall be carried out according to Circular No. 167/2012/TT-BTC dated October 10, 2012. stipulating the preparation of budgets, management, and utilization of funds for administrative procedure control activities.

 The Planning and Finance Department is responsible for allocating funds and other necessary conditions to ensure that the consolidation of legal normative documents achieves good results.

                                                                                                              MINISTRY OF FINANCE