This Decree provides detailed regulations on the inspection, review, and handling of regulatory legal documents. It applies to state agencies, organizations, and individuals involved in issuing, inspecting, and handling such documents. Notably, it specifies the authority, procedures, and processes for inspecting and handling illegal documents, as well as the responsibilities of the relevant parties.
Scope of application
State agencies (such as the Government, Ministers, Prime Minister), legal affairs organizations under ministries, agencies at the ministerial level, Departments of Justice, Judicial Departments, People's Committees, People's Councils, judicial agencies, and related enterprises.
Key points
- Agencies and persons with the authority to inspect regulatory legal documents do so within their respective authorities or self-inspect documents they issue. Ministries, agencies at the ministerial level, and local authorities implement inspections and handle illegal documents.
- The authority to inspect documents belongs to Ministers, Heads of agencies at the ministerial level, Provincial People's Committees, and the Department of Legal Document Inspection and Administrative Violation Management under the Ministry of Justice. These agencies conduct inspections within their authority and report the results.
- Illegal documents are suspended from enforcement or revoked in whole or in part according to Article 23 of Decree No. 78/2025/NĐ-CP. Documents with errors in issuance basis, format, or presentation technique are corrected.
- The deadline for handling illegal documents is 30 days from the date of receiving the inspection conclusion. In cases where reconsideration of the conclusion is requested, the handling period may be extended.
- Agencies and individuals issuing documents are responsible for providing necessary information and materials to the inspection agency and explaining the content of the document when required.
🌐 Social impact of this document
- Positive impacts include ensuring comprehensiveness, objectivity, and transparency in the process of inspecting and handling regulatory legal documents. This helps improve the quality and effectiveness of legal documents.
- Negative impacts could be burdensome in terms of time and resources for state agencies when conducting inspections, reviews, and handling of documents. However, this is necessary to ensure the constitutionality and consistency of the legal system.
- Citizens and businesses may face difficulties in self-inspecting regulatory legal documents, especially when they do not fully understand the regulations.
❓ Frequently asked questions
Which agencies carry out the inspection of regulatory legal documents?
Agencies authorized to inspect documents include Ministers, Heads of agencies at the ministerial level, Provincial People's Committees, and the Department of Legal Document Inspection and Administrative Violation Management under the Ministry of Justice.
What is the deadline for handling illegal documents?
The deadline for handling illegal documents is 30 days from the date of receiving the inspection conclusion. In cases where reconsideration of the conclusion is requested, the handling period may be extended.
Which agency is responsible for reviewing and systematizing regulatory legal documents?
The responsibility for reviewing and systematizing documents lies with organizations under ministries, agencies at the ministerial level, Departments of Justice, Judicial Departments, specialized agencies under Provincial People's Committees, and County People's Committees.
Which documents are reviewed and systematized?
Regulatory legal documents subject to review and systematization include those specified in Article 4 of the Law, except for the Constitution. The results of the review and systematization are used in the development of documents and the completion of the legal system.
Which agency is responsible for handling illegal documents?
Agencies and individuals who issued illegal documents are responsible for handling them. The Prime Minister, Ministers, Heads of agencies at the ministerial level, Chairpersons of People's Councils, and Chairpersons of People's Committees also have the responsibility to direct the handling process.
Full text
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THE GOVERNMENT _________ Number: 79/2025/NĐ-CP |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _____________________________________ Hanoi, April 1, 2025 |
DECREE
On inspection, review, systematization, and handling of regulatory legal documents
____________
Pursuant to the Government Organization Law on February 18, 2025;
Pursuant to the Law on Legislative Regulatory Documents issued on February 19, 2025;
At the proposal of the Minister of Justice;
The Government issues this Decree on inspection, review, systematization, and handling of regulatory legal documents.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed regulations for Article 63, Article 64, and measures to organize and guide the implementation of the Law on Enacting Regulatory Legal Documents (hereinafter referred to as the Law) regarding inspection, review, systematization, and handling of regulatory legal documents.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
2. Self-inspection of regulatory legal documents is a method carried out by agencies or persons who have issued the regulatory legal documents to inspect the documents they have issued or jointly issued.
4. Systematization of regulatory legal documents is the process of collecting and arranging regulatory legal documents that have been reviewed according to the criteria specified in Article 52 of this Decree.
5. Comprehensive review of the regulatory legal document system is the examination and evaluation of the entire regulatory legal document system over a specific period of time.
Chapter II
INSPECTION AND HANDLING OF LEGAL NORMATIVE DOCUMENTS
Section 1
GENERAL PROVISIONS ON INSPECTION AND HANDLING OF DOCUMENTS
Article 3. Principles of inspection and handling of documents
1. Ensuring comprehensiveness, objectivity, transparency, and openness; acting within authority, procedures, and formalities; combining inspections by agencies or persons with authority with self-inspections by issuing agencies; ensuring coordination among related agencies.
2. Ensuring that inspections and handling of documents are not exploited for personal gain, causing difficulties for the operations of issuing agencies or persons, or interfering improperly in the handling of documents.
3. Ensuring that inspections and handling of documents do not obstruct or cause difficulties for inspection agencies or persons with authority to inspect documents.
4. Promptly conducting inspections when there is a basis for inspecting documents and promptly handling unlawful documents.
5. Ensuring compliance with laws on protecting state secrets in the inspection and handling of documents containing state secret content.
6. Acts of violation during the implementation of inspection and document handling work shall be examined and handled according to the provisions of the law based on the nature and degree of the violation.
1. Regulatory legal documents prescribed from Clause 3 to Clause 14 of Article 4 of the Law; regulatory legal documents prescribed from Clause 3 to Clause 14 of Article 4 of the Law containing content within the scope of state secrets shall be determined by persons with authority.
2. Documents suspected of containing regulatory legal provisions but not issued within the appropriate authority, form, procedure, and formalities as prescribed by law, including:
a) Documents of the Standing Committee of the National Assembly, the President, the Chairman of the Central Steering Committee of the Vietnam Fatherland Front, the Supreme People's Court Council, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General; the Government, the Prime Minister; Ministers, Heads of ministerial-level agencies, provincial-level local authorities, district-level local authorities, local authorities in special administrative-economic units;
b) Documents of agencies under the Government; the Standing Committee of the People's Council, Chairmen of the People's Councils, Chairmen of the People's Committees at all levels; Chairmen of the People's Councils, Chairmen of the People's Committees in special administrative-economic units; organizations under, directly under ministries, ministerial-level agencies, agencies under the Government; specialized agencies under the People's Committees at provincial and district levels, special administrative-economic units (or equivalent); local authorities at commune level.
3. Guidance documents on the application of regulatory legal documents issued by agencies or persons with authority as stipulated in Clause 1 of Article 61 of the Law.
Article 5. Content of Text Verification
1. Authority to issue texts.
2. Content and form of texts.
3. Procedures and formalities for drafting and issuing texts.
4. Basis for issuance, format, and presentation techniques.
5. Compliance with legal provisions on determining state secrets and the level of confidentiality of state secrets in texts containing state secret content. Legal basis for identifying illegal texts and errors in the basis for issuance, format, and presentation techniques.
Article 6. 1. The legal basis for identifying illegal texts is legal normative texts that ensure the following conditions:
a) Having higher legal validity than the text being checked;
b) Being in effect at the time of issuance of the text being checked or not yet in effect at the time of issuance of the text being checked but having been approved or signed for issuance and will come into effect before or at the same time as the text being checked.
2. The legal basis for identifying texts with errors in the basis for issuance, format, and presentation techniques is legal normative texts issued by agencies or persons with authority over these matters and ensuring the conditions stipulated in point b, Clause 1 of this Article.
Article 7. Texts Subject to Handling
1. Illegal texts, including:
a) Legal normative texts issued without proper authority;
b) Legal normative texts containing content contrary to the Constitution or higher legal validity legal normative texts;
c) Legal normative texts specifying effective dates contrary to the provisions of Articles 53 and 55 of the Law;
d) Legal normative texts failing to comply with legal provisions on determining state secrets or the level of confidentiality of state secrets in texts containing state secret content;
e) Legal normative texts violating procedures and formalities for drafting and issuing texts as prescribed by law, including: Not organizing the solicitation of opinions on draft texts; not conducting review or verification of draft texts; issuing texts through expedited procedures or in special cases without the consent or directive of the competent agency or person; approving draft texts not in accordance with legal provisions; f) Texts specified in Clause 2, Article 4 of this Decree containing legal norms but not issued with proper authority, form, procedures as prescribed by law;
g) Texts guiding the implementation of legal normative texts violating Article 61 of the Law.
2. Texts with errors in the basis for issuance, format, and presentation techniques.
Article 8. Receiving and Handling Petitions and Reports from Agencies, Organizations, and Individuals Regarding Texts Showing Signs of Illegality
1. When agencies, organizations, or individuals discover texts specified in Article 4 of this Decree showing signs of illegality, they shall petition or report to the agency or person who issued the text or to the agency or person responsible for checking texts according to this Decree to organize a check.
2. During the process of drafting legal normative texts or implementing legal normative texts, if agencies, organizations, or individuals discover texts specified in Article 4 of this Decree showing signs of illegality, they shall act in accordance with the provisions of Clause 1 of this Article.
3. Agencies, organizations, or individuals receiving petitions or reports have the responsibility to organize a check of the text or transfer the petition or report to the agency or person responsible for checking the text, while simultaneously informing the agency, organization, or individual who made the petition or report about the results of the text check or the transfer of the petition or report in accordance with the law.
SELF-CHECK OF LEGAL NORMATIVE TEXTS
3. Agencies, organizations, and individuals receiving complaints or reflections shall be responsible for organizing the inspection of the document or transferring the complaints or reflections to the agency or person with authority and responsibility to inspect the document, while informing the agencies, organizations, and individuals who made the complaints or reflections about the results of the document inspection or the transfer of the complaints or reflections in accordance with the provisions of the law.
Section 2
SELF-INSPECTION OF LEGAL REGULATIVE DOCUMENTS
Article 9. Self-inspection of documents issued by the Standing Committee of the National Assembly, the State President, the Central Steering Board of the Vietnam Fatherland Front, the Supreme People's Court Judges Council, the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Auditor General, or jointly issued by them.
The Standing Committee of the National Assembly, the State President, the Central Steering Board of the Vietnam Fatherland Front, the Supreme People's Court Judges Council, the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Auditor General shall stipulate the procedures, formalities, and assign agencies or units to assist in self-inspecting normative legal documents issued by themselves or jointly issued by them, and documents issued by themselves as specified in point a, Clause 2, and Clause 3, Article 4 of this Decree.
Article 10. Responsibility to assist the Government and the Prime Minister in self-inspection of documents
1. Ministers and Heads of ministerial-level agencies have the responsibility to assist the Government and the Prime Minister in implementing self-inspection of normative legal documents drafted under their main responsibility, submitted to the Government and the Prime Minister for issuance or jointly issued by them, and guiding documents applying normative legal documents of the Government and the Prime Minister in their respective fields of management.
2. The Minister of Justice shall implement the provisions of Clause 1 of this Article and assist the Government and the Prime Minister in self-inspection of documents that do not contain content within the scope of state secrets, including:
a) Documents specified in Clause 1 of this Article when receiving requests or directives from the Government and the Prime Minister, or when other Ministers and Heads of ministerial-level agencies have already conducted self-inspection but the Ministry of Justice still receives recommendations or reflections;
b) Documents of the Government and the Prime Minister specified in point a, Clause 2, Article 4 of this Decree.
3. The Minister and Head of the Government Office shall implement the provisions of Clause 1 of this Article and assist the Government and the Prime Minister in self-inspection of documents as specified in point a and point b, Clause 2 of this Article for documents drafted under the main responsibility of the Ministry of Justice, submitted for issuance or jointly issued.
4. The Minister of Public Security shall implement the provisions of Clause 1 of this Article and assist the Government and the Prime Minister in self-inspection of documents containing content within the scope of state secrets as specified in point a and point b, Clause 2 of this Article, except for cases specified in Clause 5 of this Article.
5. The Minister of Defense shall implement the provisions of Clause 1 of this Article and assist the Government and the Prime Minister in self-inspection of documents containing content within the scope of state secrets in the fields managed by the Ministry of Defense as specified in point a and point b, Clause 2 of this Article.
6. Ministers and Heads of ministerial-level agencies shall assign organizations subordinate to their ministries or agencies to assist them in implementing self-inspection of documents as specified in Clauses 1, 2, 3, 4, and 5 of this Article.
Legal affairs organizations under ministries and ministerial-level agencies are responsible for assisting Ministers and Heads of ministerial-level agencies in compiling, monitoring, and urging the self-inspection of documents as specified in Clauses 1, 3, 4, and 5 of this Article; the Department of Legal Document Inspection and Administrative Violation Management under the Ministry of Justice is responsible for assisting the Minister of Justice in compiling, monitoring, and urging the self-inspection of documents as specified in Clause 2 of this Article.
1. Responsibilities to assist the Minister, Head of a ministerial-level agency in self-inspecting legal documents:
a) The Minister, Head of a ministerial-level agency assigns organizations under their jurisdiction to assist in self-inspecting legal documents.
b) The legal affairs organization within the ministry or ministerial-level agency serves as the focal point to assist the Minister, Head of a ministerial-level agency in compiling, monitoring, and urging the self-inspection of legal documents issued by the Minister, Head of a ministerial-level agency or jointly issued.
c) The Inspection Department for Legal Documents and Administrative Violation Handling under the Ministry of Justice serves as the focal point to assist the Minister of Justice in compiling, monitoring, and urging the self-inspection of legal documents issued by the Minister of Justice or jointly issued.
2. Responsibilities to assist local authorities at all levels and local authorities in special administrative-economic units in self-inspecting legal documents:
a) The People's Committee assigns agencies and responsible persons to assist in self-inspecting legal documents.
The Department of Justice, Judicial Office, or agency assigned by the People's Committee in special administrative-economic units serves as the focal point to assist the People's Committee at the same level in compiling, monitoring, and urging the self-inspection of legal documents.
b) The Legal Affairs Committee of the People's Council assists the People's Council in implementing the self-inspection of legal documents issued by the People's Council.
Article 12. Procedures and formalities for self-inspection of legal documents.
1. Agencies and units assigned to self-inspect legal documents shall be responsible for organizing the inspection of legal documents according to the contents stipulated in Article 5 of this Decree; when necessary, they shall organize meetings to exchange views, discuss, or seek opinions from relevant agencies, units, organizations, and experts on the inspected legal documents.
In cases where legal documents of the Government, Prime Minister are self-inspected as provided for in Clauses 2, 3, 4, and 5 of Article 10 of this Decree, the Minister, Head of a ministerial-level agency shall request the relevant Minister, Head of a ministerial-level agency to provide self-inspection files, information, and related materials to serve the self-inspection activities.
Self-inspection of legal documents as prescribed in Clauses 2 and 3 of Article 4 of this Decree shall be carried out based on the bases stipulated in Points b and c Clause 3 Article 63 of the Law.
3. The results of self-inspection of legal documents must be reported to the head of the agency or unit assigned to inspect as provided for in Clause 1 of this Article. In cases where the self-inspection of legal documents is conducted based on the basis prescribed in Point c Clause 2 Article 63 of the Law, the results of self-inspection of legal documents must be reported to the agency or person who issued the legal document and the agency or person who requested or directed the inspection of the legal document.
4. In cases where legal documents violate the law, in addition to complying with the provisions of Clause 3 of this Article, the results of self-inspection of legal documents must also be reported to the agency or person who issued the legal document for examination and handling in accordance with Article 23 of this Decree.
Reporting the results of self-inspection of legal documents that violate the law includes the contents stipulated in Clause 2 of Article 17 of this Decree.
5. The agency or person issuing the legal document examines the report on the inspection results of the legal document; organizes handling within thirty days from the date of receipt of the report on the self-inspection results, if the legal document violates the law; examines, determines, and handles collective and individual responsibilities in advising, submitting, and issuing legal documents that violate the law as prescribed.
6. Publish legal documents to handle legal documents that violate the law as prescribed in Article 28 of this Decree.
Article 13. Documents for self-inspection of legal instruments
1. Agencies and units assigned to inspect legal instruments shall establish documents for self-inspection of legal instruments that violate the law, including:
a) Report on the results of self-inspection of legal instruments;
b) Legal instrument handling illegal legal instruments;
c) Other related documents (if any).
2. Documents for self-inspection of legal instruments shall be stored in accordance with the laws on archiving and the laws on protecting state secrets for legal instruments containing contents within the scope of state secrets.
INSPECTION OF LEGAL INSTRUMENTS ESTABLISHING LEGAL PROVISIONS
ACCORDING TO AUTHORITY
Subsection 1
AUTHORITY, PROCEDURE, AND PROCEDURES FOR INSPECTING LEGAL INSTRUMENTS
LEGAL REGULATIONS
Article 14. Authority to inspect legal instruments of Ministers, Heads of ministerial-level agencies
3. The Minister of Justice and the Head of the Government Office shall exercise the authority to inspect legal instruments as stipulated in Clause 1 of this Article and assist the Government in inspecting legal instruments without contents within the scope of state secrets issued by the Minister of Justice or jointly issued, including:
a) Circulars of the Minister of Justice;
b) Contents prescribed under the sector and field managed by the Ministry of Justice in joint circulars between the Minister of Justice and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Auditor General.
4. The Minister of Public Security shall exercise the authority to inspect as stipulated in Clause 1 of this Article and assist the Government in inspecting legal instruments prescribed at points a, b, and c of Clause 2 of this Article with contents within the scope of state secrets, except in cases provided for in Clause 5 of this Article.
5. The Minister of National Defense shall exercise the authority to inspect as stipulated in Clause 1 of this Article and assist the Government in inspecting legal instruments prescribed at points a, b, and c of Clause 2 of this Article with contents within the scope of state secrets under the sector and field managed by the Ministry of National Defense.
6. Responsibilities to assist Ministers, Heads of ministerial-level agencies in inspecting legal instruments according to their authority:
a) Legal system organizations under ministries and ministerial-level agencies have the responsibility to assist Ministers, Heads of ministerial-level agencies in inspecting legal instruments prescribed in Clauses 1 and 3 of this Article;
b) The Department of Legal Instruments Inspection and Administrative Violation Management under the Ministry of Justice has the responsibility to assist the Minister of Justice in inspecting legal instruments prescribed in Clause 2 of this Article;
c) The Minister of Public Security and the Minister of National Defense shall assign organizations under their ministries to assist the Minister in inspecting legal instruments prescribed in Clauses 4 and 5 of this Article with contents within the scope of state secrets.
7. In case there are different opinions on the authority to inspect legal instruments, the Minister of Justice shall examine and decide.
Article 15. Authority to inspect legal instruments of provincial People's Committees
1. Provincial People's Committees shall inspect legal instruments of the People's Councils and directly subordinate People's Committees.
2. Departments of Justice shall have the responsibility to assist provincial People's Committees in implementing the inspection of legal instruments prescribed in Clause 1 of this Article.
Article 16. Plan for inspecting legal instruments and establishment of inspection teams
Article 17. Procedure and procedures for inspecting legal instruments according to authority
1. The agency inspecting legal instruments shall organize inspections of legal instruments according to the contents prescribed in Article 5 of this Decree; if necessary, it shall organize meetings to exchange, discuss, or seek opinions from agencies, units, organizations, and experts regarding the inspected legal instruments.
2. The results of inspections of illegal legal instruments shall be reported in writing, including the following basic contents: Name of the inspected legal instrument; illegal contents and legal basis for determining illegal contents; opinions of the inspector on illegal contents and proposals for handling.
3. The conclusion of the inspection of legal instruments shall be issued when it is determined that the inspected legal instrument violates the law.
Article 18. Conclusion on Illegal Legal Texts Inspection
1. The Minister, Head of a Government Agency at the Ministerial Level, or People's Committee shall issue or delegate authority to the inspection agency to conclude on illegal legal texts.
2. The conclusion on inspection must include the following basic contents:
a) The name of the text being concluded; the name and content of the legal text serving as the basis for determining the illegal content of the text;
b) Opinion on the illegal content of the text;
c) Requirement for the agency or person who issued the text to handle the text;
d) Recommendation for organizing the examination, determination, and handling of responsibility for the collective or individual who advised, proposed, or issued the illegal text according to the regulations of the Party and laws;
e) In case of discovering an illegal text containing contradictory, overlapping, or no longer appropriate content, recommend the agency or person issuing the text to conduct a review and handling according to the provisions of Chapter III of this Decree;
f) If necessary, recommendations may be made regarding one or more other aspects of the text according to the provisions of Article 5 of the Law;
3. The conclusion on inspection of the illegal text is sent to the agency or person who issued the illegal text for handling, and simultaneously sent to other agencies as follows:
a) The conclusion on inspection by the Minister or Head of a Government Agency at the Ministerial Level is sent to the Ministry of Justice. The conclusion on inspection by the Minister of Justice is sent to ministries and government agencies responsible for managing sectors and fields related to the inspected text; b) The conclusion on inspection of texts containing legal norms and texts guiding the application of legal normative texts is sent to the agency or person with authority as stipulated in Clause 2, Article 22 of this Decree;
b) The inspection conclusion for documents containing legal regulations and documents guiding the implementation of legal regulatory documents shall be sent to the agency or person with authority as stipulated in Clause 2, Article 22 of this Decree;
Article 19. File for Inspecting Legal Texts within Authority
1. The inspecting agency has the responsibility to establish a file for inspecting illegal texts. The inspection file includes:
a) Report on the results of inspecting the text;
b) Conclusion on inspecting the text;
c) Text for handling illegal texts;
d) Other related documents (if any).
2. The inspection file is stored according to the provisions of the law on archiving and the law on protecting state secrets for texts containing content within the scope of state secrets.
Subsection 2
INSPECTION AND HANDLING OF TEXTS CONTAINING LEGAL NORMS AND TEXTS GUIDING THE APPLICATION OF LEGAL NORMATIVE TEXTS
Article 20. Inspection Authority of Legal Texts
2. The Minister, Chairman of the Government Office, inspects texts guiding the application of legal normative texts issued by the Minister of Justice; texts suspected of containing legal norms issued by the Minister of Justice and organizations under the Ministry of Justice.
3. The Minister of Public Security inspects texts prescribed in points a and b, Clause 1, Article 1 of this Decree containing content within the scope of state secrets, except in cases provided for in Clause 4, Article 1 of this Decree.
4. The Minister of National Defense inspects texts prescribed in points a and b, Clause 1, Article 1 of this Decree containing content within the scope of state secrets managed by the Ministry of National Defense.
Article 21. Basis for Inspection, Establishment of Inspection Team, Procedure, Formalities, and Handling of Texts
1. The basis for inspecting texts is implemented according to the provisions of points b and c, Clause 3, Article 63 of the Law.
2. The establishment of the inspection team, procedure, formalities, and files for inspecting texts are carried out according to the provisions of Clause 2, Article 16, Articles 17, 18, and 19 of this Decree; the handling of texts is carried out according to the provisions of Section 4, Chapter II of this Decree.
Article 22. Responsibility for handling legal documents
1. The agency or person issuing the legal document shall be responsible for handling the document upon receipt of the inspection conclusion from the competent authority. 2. The Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees shall be responsible for directing the handling of legal documents as stipulated in Clause 1 of this Article.
1. Ministers and Heads of ministerial-level agencies shall inspect legal documents issued by other Ministers and Heads of ministerial-level agencies, provincial-level local authorities, and special administrative-economic units regarding contents related to their respective sectors and fields of management.
b) Contents within the scope of management of ministries and ministerial-level agencies in joint circulars between Ministers and Heads of ministerial-level agencies and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor General;;
c) Resolutions of People's Councils and decisions of provincial People's Committees; legal normative documents of local authorities in special administrative-economic units.
1. Ministers, Heads of ministerial-level agencies, Chairpersons of all levels of People's Committees, or heads of agencies inspecting legal documents shall base on development tasks and management work of their sectors, fields, and localities to formulate plans for inspecting legal documents.
In cases where necessary, Ministers, Heads of ministerial-level agencies, Chairpersons of all levels of People's Committees, or heads of agencies inspecting legal documents shall establish inspection teams based on provisions in Clause 3 of Article 63 of the Law to conduct inspections at the agencies issuing the legal documents. Where cooperation from relevant agencies is required, Ministers, Heads of ministerial-level agencies, and Chairpersons of all levels of People's Committees shall decide to establish inter-agency inspection teams.
In cases where the legal document only contains conflicting or outdated content, the agency inspecting the legal document shall itself or advise and propose the review of the legal document according to the provisions of Article 36 of this Decree.
c) The Party Committee at the same level and the legal system organization under the ministry or ministerial-level agency or the Department of Justice, Legal Office, or People's Committee at the commune level where the inspected legal document is located.
b) Documents suspected of containing legal norms issued by government agencies; Standing Committees of People's Councils,
Chairpersons of People's Councils, Chairpersons of provincial People's Committees; Chairpersons of People's Councils, Chairpersons of People's Committees in special administrative-economic units; organizations under, directly under ministries and ministerial-level agencies, government agencies; specialized agencies under provincial People's Committees, specialized agencies under People's Committees in special administrative-economic units (or equivalent); 5. Provincial People's Committees shall carry out inspections:
b) Documents suspected of containing legal norms issued by Standing Committees of People's Councils,
Chairpersons of People's Councils, Chairpersons of district People's Committees; specialized agencies under district People's Committees (or equivalent) issuing the documents. 6. District People's Committees shall carry out inspections of documents suspected of containing legal norms issued by commune-level local authorities, Standing Committees of People's Councils,
HANDLING OF LEGAL NORMATIVE DOCUMENTS CONTRARY TO THE LAW
Section 4
HANDLING OF LEGAL REGULATORY DOCUMENTS VIOLATING THE LAW
Article 23. Forms of handling illegal documents, documents with errors in issuance basis, format, and presentation techniques
1. Illegal documents shall be suspended from implementation or revoked in whole or in part according to the provisions of Article 4 of Decree No. 78/2025/NĐ-CP dated April 1, 2025, of the Government detailing certain articles and measures for organizing and guiding the implementation of the Law on Enacting Legal Documents.
2. Documents with errors in issuance basis, format, and presentation techniques shall be corrected according to the provisions of Article 9 of Decree No. 78/2025/NĐ-CP dated April 1, 2025, of the Government detailing certain articles and measures for organizing and guiding the implementation of the Law on Enacting Legal Documents.
Article 24. Procedures and formalities for handling illegal documents
1. Upon receiving the conclusion of the document inspection, the agency or person who issued the illegal document must handle the document according to the form and time limit prescribed in Articles 23 and 26 of this Decree.
For content within the scope of sectors and fields under the management responsibility of ministries and ministerial-level agencies in joint circulars between the Minister, Head of a ministerial-level agency, and the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the State Auditor, after receiving the inspection conclusion, the agencies that issued the joint circulars shall coordinate to review and handle the document.
2. In cases where the agency or person who issued the illegal document does not handle it according to the regulations or the agency or person authorized to inspect the document disagrees with the handling result, the agency or person authorized to inspect the document shall urge the handling; the agency or person authorized to handle the document according to the provisions of Clauses 3, 4, 5, 7, and Clause 8 of this Article.
a) Suspend the implementation or revoke in whole or in part the illegal document issued by the Minister, Head of a ministerial-level agency, Provincial People's Committee, People's Committee of special administrative-economic units within their inspection authority;
b) Suspend the implementation in whole or in part of the illegal resolution issued by the Provincial People's Council, People's Council of special administrative-economic units within their inspection authority.
The procedure for recommending the Prime Minister to handle illegal documents in this clause shall be carried out according to the provisions of Article 27 of this Decree.
a) Suspend the implementation or revoke in whole or in part the illegal circular issued by the Minister, Head of a ministerial-level agency; illegal document issued by the Provincial People's Committee, People's Committee of special administrative-economic units;
b) Suspend the implementation in whole or in part of the illegal resolution issued by the Provincial People's Council, People's Council of special administrative-economic units;
c) Suspend the implementation or revoke the illegal content within the management responsibility of the sector or field of the ministry or ministerial-level agency in joint circulars issued by the Minister, Head of a ministerial-level agency with the President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor.
5. The Minister of Public Security, the Minister of National Defense shall implement the provisions of Clause 3 of this Article and submit to the Prime Minister for decision to handle documents according to the provisions of Points a, b, and c of Clause 4 of this Article for documents containing content within the scope of state secrets within their inspection authority.
6. In case illegal content is discovered in joint circulars between the President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor, and the Minister, Head of a ministerial-level agency, the Minister of Justice, the Minister, Director of the Government Office, the Minister of Public Security, the Minister of National Defense, within the scope of document inspection authority prescribed in Article 14 of this Decree, shall recommend the President of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor to review and handle the document.
a) Suspend the implementation or revoke in part or in whole the illegal document issued by the directly subordinate People's Committee;
b) Suspend the implementation of the illegal resolution issued by the directly subordinate People's Council, report to the People's Committee to request the same-level People's Council to revoke.
Article 25. Recommendations and Reports for Reconsideration of Inspection Conclusions on Legal Documents
1. In cases where there is evidence proving that the legal document does not violate the law, the agency or person whose document was concluded may recommend the content of the inspection conclusion to the agency or person issuing the conclusion within five working days from the date of receipt of the inspection conclusion.
2. Within ten days from the date of receiving the recommendation, the agency or person issuing the inspection conclusion on legal documents must review, resolve, and notify the result of resolution to the recommending agency or person.
a) For normative legal documents issued by the Minister, the head of a ministry-level agency, the People's Council, or the People's Committee at provincial level, report to the Prime Minister.
b) For normative legal documents issued by the People's Council or the People's Committee at district level, report to the Chairman of the People's Committee at provincial level.
4. Within ten days from the date of receiving the recommendation or report from the agency or person whose document was concluded, the competent authority specified in Clause 3 of this Article must review, resolve, and notify the result of resolution to the recommending or reporting agency or person.
If the agency or person issuing the inspection conclusion under Clause 2 of this Article or the competent authority specified in Clause 3 of this Article approves the recommendation of the agency or person whose document was concluded, then the agency or person issuing the inspection conclusion must revoke the inspection conclusion on the document; if the recommendation is not approved, the agency or person whose document was concluded must handle the illegal document according to Clause 2 of Article 26 of this Decree.
Article 26. Time Limit for Handling Illegal Documents
1. Within thirty days from the date of receipt of the inspection conclusion on illegal documents, the agency or person issuing the document must organize handling and notify the result of handling the document, except in cases provided for in Clause 2 of this Article.
2. In cases where the agency or person issuing the document recommends reconsideration of the inspection conclusion on the document according to Article 25 of this Decree, the time limit for handling illegal documents shall be implemented as follows:
a) The agency or person issuing the document must organize handling of the document within ten days from the date of receipt of the notification of non-approval from the agency or person issuing the inspection conclusion on the document, if recommended according to Clause 2 of Article 25 of this Decree;
b) The agency or person issuing the document must organize handling of the document within five working days from the date of receipt of the notification of non-approval from the competent authority, if reported and recommended according to Clause 3 of Article 25 of this Decree.
Article 27. Procedures for Recommending the Prime Minister to Handle Illegal Documents
1. In cases where the Minister or the head of a ministry-level agency recommends the Prime Minister to handle illegal documents according to Clause 3 of Article 24 of this Decree, it shall be carried out as follows: a) The Minister or the head of a ministry-level agency recommends the Prime Minister regarding the handling of illegal documents sends the recommendation file to the Ministry of Justice;
b) For illegal documents without differing opinions on constitutionality, legality, and consistency, within fifteen days from the date of receipt of the recommendation, the Minister of Justice reviews and reports to the Prime Minister for handling according to Clause 4 of Article 24 of this Decree;
c) For documents with differing opinions on constitutionality, legality, and consistency, within thirty days from the date of receipt of the recommendation, the Minister of Justice chairs, coordinates with the Minister and Director of the Government Office, other Ministers and heads of ministry-level agencies, heads of government agencies, to hold a meeting to review the constitutionality, legality, and consistency of the document.
The Minister of Justice concludes, proposes a solution for handling the document, and reports to the Prime Minister for consideration and decision.
2. The Minister of Public Security and the Minister of National Defense submit to the Prime Minister for consideration and decision on handling according to point a, b, and c of Clause 4 of Article 24 of this Decree for documents containing content within the scope of illegal state secrets under their inspection authority.
2. The Minister of Public Security and the Minister of National Defense shall submit to the Prime Minister for consideration and decision on handling in accordance with points a, b, and c of Clause 4, Article 24 of this Decree for documents containing state secrets within their inspection authority that violate the law.
Article 28. Announcing Documents for Handling Illegal Regulatory Documents
Documents for handling illegal regulatory documents at commune level must be posted at the People's Council and People's Committee offices of the commune and published on the Electronic Website of the People's Committee of the commune (if available).
2. Documents containing legal provisions, documents guiding the application of regulatory documents must be sent to agencies, organizations, and individuals to whom the document was previously sent. In cases where the document has been published in the Gazette, Portal, or Electronic Website of the issuing agency or posted, the results of handling must also be announced through these information means.
3. The provisions of Clause 1 and Clause 2 of this Article shall not apply to documents for handling documents with contents within the scope of state secrets.
Section 5
TASKS, LIMITATIONS OF AGENCIES AND PERSONS ISSUING DOCUMENTS UNDER REVIEW AND RELATED AGENCIES; REPORTING REGIME
DOCUMENTS TO BE INSPECTED AND RELATED AGENCIES AND UNITS; REPORTING REGIME
RELATED TO TOPICS, SECTORS, AND GEOGRAPHIC AREAS
Article 29. Tasks of agencies and persons issuing documents under review
1. Provide necessary documents, information, and materials to competent authorities and agencies reviewing documents upon request; announce documents for handling illegal documents according to Article 28 of this Decree (if applicable).
2. Explain the content of the document according to the request of the competent authority and agency reviewing documents; send the results of handling illegal documents to the agency or person who issued the conclusion of document review (if applicable); send the results of examining and handling groups or individuals proposing and issuing illegal documents to the agency or person who issued the conclusion of document review (if applicable).
3. Conduct timely self-inspection to detect and handle illegal documents according to Section 2 Chapter II of this Decree.
4. Create conditions for competent authorities and agencies reviewing documents to perform their inspection tasks.
5. Implement recommendations of competent authorities and agencies reviewing documents, and agencies and persons issuing conclusions of document reviews regarding documents issued by themselves.
Article 30. Powers of agencies and persons issuing documents under review
1. Be informed about the plan, content of the review, and requested content.
2. Present opinions related to the content of the reviewed document; refuse to answer or provide information that falls outside the scope of their functions, tasks, and powers or those classified information within the scope of state secrets that are not permitted to be provided according to the law.
3. Recommend and report to competent authorities for reconsideration of the conclusion of document review according to Article 25 of this Decree. When exercising the right stipulated in this clause, the agency or person with the reviewed document needs to prove that the document they issued complies with the law and must bear responsibility before higher authorities and the law for the truthfulness in their recommendations and reports.
Article 31. Responsibilities of Relevant Agencies and Units
Agencies and units with jurisdiction over industries and fields related to the content of the document being inspected must promptly coordinate, provide information, materials, opinions, and send appropriate representatives to participate in inspection meetings; send representatives to join the Inspection Team at the request of the inspecting agency or person with authority and responsibility for inspecting the document.
Article 32. Reporting System on Inspection and Handling of Documents
1. Annually, based on reports from ministries, ministerial-level agencies, provincial People's Committees, local authorities in special administrative-economic units, the Ministry of Justice will compile and report to the Prime Minister.
2. The deadline for submitting reports and the time point for collecting annual data on inspection and handling of documents shall be carried out in accordance with the regulations of the Minister of Justice.
3. Annual reports on inspection and handling of documents include the following basic contents:
a) Data on normative legal documents that have been self-inspected and handled; data on normative legal documents that have been inspected within the scope of authority; data on documents found to contain illegal content and conclusions; data on documents that have been processed according to the requirements of the document inspection agency; data on documents processed within the scope of authority;
b) Evaluation of the work of inspecting and handling documents; legal provisions on inspecting and handling documents; organization and staff; funding for inspecting and handling documents; training, guidance, and professional development for inspecting and handling documents and other conditions ensuring the work of inspecting and handling documents;
c) Difficulties, obstacles, and recommendations;
d) List of documents contrary to the law regarding authority, content that have been self-inspected, discovered, and inspected, and concluded within the scope of authority (if any).
Chapter III
REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS
Section 1
GENERAL PROVISIONS ON REVIEW AND SYSTEMATIZATION
NORMATIVE LEGAL DOCUMENTS
Article 33. Normative Legal Documents Subject to Review and Systematization
1. Documents subject to review and systematization include those specified in Article 4 of the Law, except for the Constitution.
2. The results of reviewing and systematizing documents are used in the construction of normative legal documents and the completion of the legal system; the results of systematizing documents are used for reference in the application and implementation of laws.
Article 34. Principles of Review and Systematization of Normative Legal Documents
1. The activity of reviewing documents must be conducted regularly, immediately when there is a basis for reviewing documents; the results of reviewing documents must be promptly studied and handled.
2. The activity of systematizing documents must be conducted periodically, timely publishing the Set of Systematized Normative Legal Documents still in effect.
3. Ensuring compliance with legal provisions on protecting state secrets in the review and systematization of normative legal documents containing content within the scope of state secrets.
Article 35. Responsibilities of Agencies, Units, and Individuals in Organizing the Review and Systematization of Normative Legal Documents
1. Responsibilities of organizations under ministries and ministerial-level agencies:
a) Organizations under ministries and ministerial-level agencies are responsible for assisting the Minister, Head of the ministerial-level agency in implementing reviews and systematizations of documents within their authority and responsibility as stipulated in Clause 2 of Article 64 of the Law, which regulate matters within the field of responsibility of their own organization;
2. Responsibilities for implementing reviews and systematizations of documents by units and individuals at the Supreme People's Court, Supreme People's Procuracy, State Audit Office, National Assembly's Ethnic Council, various Committees of the National Assembly, the National Assembly's Office, the President's Office shall be regulated by these respective agencies.
a) Specialized agencies under provincial and district People's Committees are responsible for leading and coordinating with the Legal Committee of the People's Council and relevant agencies to implement reviews and systematizations of documents of the People's Committee and People's Council at the same level concerning matters within their field of responsibility.
b) Departments of Justice, Justice Offices are responsible for urging and guiding agencies to implement reviews and systematizations of documents of the People's Council and People's Committee at their own level.
Other agencies not specialized under provincial and district People's Committees that have led the drafting of documents of the People's Council and People's Committee are responsible for leading and coordinating with the Legal Committee of the People's Council, Departments of Justice, Justice Offices, and relevant agencies to implement reviews and systematizations of documents.
4. In cases where functions and tasks are transferred between agencies and units, the agency or unit receiving the functions and tasks is responsible for implementing reviews and systematizations of documents related to the transferred functions and tasks.
In cases of dissolution, merger, division, or adjustment of administrative boundaries, the People's Committee of the new administrative unit is responsible for reviewing and systematizing documents issued by the People's Council and People's Committee of the previous administrative unit.
Article 36. Suggestions for Reviewing Legal Normative Documents
1. When an agency, organization, or individual discovers a document with conflicting, overlapping, or outdated content, they shall suggest to the state agency as stipulated in Article 64 of the Law to review the document.
2. The agency receiving the suggestion has the responsibility to examine and implement the review of the document or transfer the suggestion to the responsible agency for reviewing the document, while informing the agency, organization, or individual who suggested the review about the receipt of the suggestion or its transfer according to the provisions of the law.
Article 37. Basis for Reviewing Legal Normative Documents
1. The basis for reviewing a document includes documents issued later that have provisions related to the reviewed document, including:
a) Legal normative documents with higher legal validity than the reviewed document; legal normative documents from the same agency or person authorized to issue the reviewed document;
c) International treaties to which the Socialist Republic of Vietnam is a member and which become effective after the issuance date of the reviewed document.
2. Economic and social development situations serve as the basis for review based on the Party's and State's policies, survey results, and practical information related to the regulated subjects and scope of the reviewed document.
Article 38. Forms of Handling Reviewed Legal Normative Documents
1. Entirely or partially abolishing a document is applied as follows:
a) Entirely abolishing a document when it falls under one of the following cases without the need to issue a replacement document: The regulated subject of the document no longer exists; all provisions of the document overlap or conflict with the review basis document or are no longer suitable for economic and social development conditions; the document is no longer applicable;
b) Partially abolishing a document when it falls under one of the following cases without the need to issue a document to amend or supplement: A part of the regulated subject of the document no longer exists; a part of the content of the document overlaps or conflicts with the review basis document or is no longer suitable for economic and social development conditions; a part of the document is no longer applicable.
2. Replacing a document is applied in the cases specified in Clause 4 of Article 8 of the Law.
3. Amending and supplementing a document is applied when a part of the document overlaps or conflicts with the review basis document or is no longer suitable for economic and social development conditions and does not fall under the case requiring the issuance of a replacement or partial abolition document.
4. Issuing a new document is applied when, through review, it is found that there is a social relationship that needs to be regulated by a document with higher legal validity or a social relationship that needs regulation but lacks legal provisions.
5. Temporarily suspending the entire or partial effectiveness of a document as stipulated in Point a, Clause 1 of Article 56 of the Law.
7. The issuance of documents to handle reviewed documents as stipulated in this Article shall be carried out according to the provisions of the Law and Decree No. 78/2025/ND-CP dated April 1, 2025, of the Government detailing certain articles and measures to organize and guide the implementation of the Law on Enacting Legal Normative Documents.
Section 2
DETERMINATION OF REVIEW BASIS, CONTENT OF REVIEW, AND HANDLING OF REVIEW RESULTS OF LEGAL NORMATIVE DOCUMENTS
1. Documents announced as expired according to Clause 2 of Article 57 of the Law, amended, supplemented, replaced, abolished, temporarily suspended, or having their validity period ended, serve as the basis for review. Documents that are amended, supplemented, replaced, abolished, declared expired, or temporarily suspended are the documents to be reviewed.
2. Documents announced as expired according to Clause 2 of Article 57 of the Law, amended, supplemented, replaced, abolished, temporarily suspended, or having their validity period ended, serve as the basis for issuing one or more documents that are the basis for review. Documents that have documents serving as the basis for issuance that are amended, supplemented, replaced, abolished, declared expired, or temporarily suspended are the documents to be reviewed.
3. Documents announced as expired according to Clause 2 of Article 57 of the Law, amended, supplemented, replaced, abolished, temporarily suspended, or having their validity period ended, are cited within the content of one or more documents that are the basis for review. Documents containing content cited to documents that are amended, supplemented, replaced, abolished, declared expired, or temporarily suspended are the documents to be reviewed.
4. Documents with provisions related to one or more previously issued documents serve as the basis for review; previously issued documents are the documents to be reviewed.
Article 40. Determining the situation of economic and social development is the basis for reviewing regulatory legal documents.
The situation of economic and social development as the basis for reviewing documents is determined based on the following materials and information:
1. Party statutes, programs, resolutions, notifications, directives, and other official documents of the Party; official documents and materials of competent state agencies related to the reviewed document.
2. Results of surveys and investigations; economic and social information; statistical data and reports; practical information and data, and other relevant materials published by competent state agencies.
Article 41. Content of review
1. Content of review based on the document:
a) Effectiveness of the document;
b) Content of the document;
c) Authority to issue the document.
2. Content of review based on the situation of economic and social development:
a) Content of the document;
b) New social relations that need to be regulated by regulatory legal documents.
c) Authority to issue the document.
Article 42. Soliciting opinions and handling the results of reviewing regulatory legal documents
1. The reviewing agency solicits opinions from relevant agencies and units regarding the results of reviewing the document. For joint issued documents, the reviewing agency solicits opinions from the joint issuing agencies regarding the results of reviewing the document.
If necessary, the reviewing agency organizes meetings to exchange and discuss to solicit opinions from agencies, units, organizations, and experts regarding the results of reviewing the document.
2. Agencies and units whose opinions are solicited have the responsibility to reply in writing, clearly stating the agreed content, disagreed content, and reasons or other opinions.
3. The agencies specified in Article 64 of the Law decide to handle or recommend the competent authority to handle the results of reviewing according to Articles 38, 43, and 44 of this Decree.
Article 43. Announcing the list of regulatory legal documents that have expired or suspended effectiveness annually
1. By the latest on January 31 each year, all agencies except the Standing Committee of the National Assembly, as specified in Article 64 of the Law, must issue a resolution or administrative decision to announce the list of documents that have expired or suspended effectiveness within their review responsibilities.
In cases where documents that have expired or suspended effectiveness belong to the previous announcement period but were not announced, the reviewing agency includes these documents in the list for announcement.
5. Lists of documents that have expired or suspended effectiveness are compiled according to Model No. 01 and 02 attached to this Decree.
Article 44. Handling normative legal documents discovered to be contrary to the law at the time of issuance
When discovering normative documents with signs of being contrary to the law at the time of issuance within the scope of inspection, the reviewing agency shall carry out the inspection or make recommendations and reflections according to the provisions of Article 8 of this Decree.
Section 3
OVERALL REVIEW OF THE SYSTEM OF NORMATIVE LEGAL DOCUMENTS, REVIEW OF NORMATIVE LEGAL DOCUMENTS BY TOPIC, FIELD, AND LOCALITY BY SPECIALTY, SECTOR, AND GEOGRAPHIC AREA
Article 45. Overall review of the system of normative legal documents
1. The Government shall submit to the Standing Committee of the National Assembly for promulgation and organization of implementation of the overall review plan of the system of documents.
2. The Ministry of Justice shall be responsible for assisting the Government in drafting and serving as the lead in organizing the implementation of the overall review plan of the system of documents.
Article 46. Plan for reviewing normative legal documents by topic, field, and locality
Heads of organizations under ministries and ministerial-level agencies shall assist Ministers and Heads of ministerial-level agencies in formulating and organizing the implementation of plans to review documents regulating matters within the purview of their organizations.
Heads of specialized agencies under provincial and district People's Committees shall take the lead and coordinate with the Legal Committee of the People's Council and related agencies in formulating and organizing the implementation of plans to review documents of the People's Committee and People's Council at the same level regulating matters within the purview of their agencies.
2. The content of the review plan includes objectives, requirements, subjects, scope; time frame and progress; assignment of agencies and units responsible for leading and coordinating implementation; budget and other conditions ensuring the implementation of the plan.
3. In cases where agencies conduct reviews by topic and field as required by competent authorities, there is no need to formulate a plan.
Article 47. Results of overall review of the system of normative legal documents, review of normative legal documents by topic, field, and locality
1. The results of the overall review of the system of documents and review of documents by topic, field, and locality include: Assessment of the current status of the system of documents; recommendations and proposals for handling documents to improve the law.
2. The results of the overall review of the system of documents and review of documents by topic, field, and locality must be compiled into reports.
Based on the purpose and requirements of the overall document review activities and review of documents by topic, field, and locality, the agency or person authorized to decide on the review of documents decides on the construction of document lists according to the model attached to this Decree or other appropriate criteria.
Article 48. Announcing the results of the overall review of the system of normative legal documents, review of normative legal documents by topic, field, and locality
1. The Government shall submit to the Standing Committee of the National Assembly for decision on announcing the results of the overall review of the system of documents.
2. The agency or person authorized to decide on the review of documents by topic, field, and locality shall decide on announcing the results of the review.
3. The form of the document announcing the results of the overall review of the system of documents; review of documents by topic, field, and locality is an administrative document.
Section 4
CONTENT, PROCEDURE, AND FORMALIZATION PROCEDURES
NORMATIVE LEGAL DOCUMENTS
Article 49. Periodic Systematization of Regulatory Legal Documents
1. Regulatory legal documents must be periodically systematized and the results of such systematization published once every five years. The time point for determining the documents subject to systematization for publication (hereinafter referred to as the systematization time point) is December 31 of the fifth year counted from the previous systematization time point.
2. The periodic systematization of documents must be planned. The content of the plan includes: Purpose, requirements for systematization; objects, scope of systematization; time, progress of implementation; assignment of the leading unit and cooperating units; budget and conditions to ensure the implementation of the plan.
Article 50. Content of Systematization of Regulatory Legal Documents
1. Collecting documents within the scope of systematization.
2. Rechecking the results of reviewing documents and supplementary reviews.
3. Arranging valid documents according to the criteria specified in Article 52 of this Decree.
4. Publishing lists of documents and the Systematized Collection of Valid Documents.
Article 51. Procedure for Systematizing Regulatory Legal Documents
1. Collecting documents within the scope of systematization on a regular basis including: Documents listed in the valid document directory published in the previous document systematization period; documents issued during the current systematization period, including those not yet effective.
2. Collecting the results of reviewing documents within the scope of systematization that have been carried out previously.
a) The results of reviewing documents within the scope of systematization must be rechecked to ensure the accuracy of the validity of the documents up to the systematization time point;
b) In cases where the review results reflect outdated legal status of the documents or identify documents not reviewed as required, the competent authority or person responsible for the review must conduct the review in accordance with this Decree.
4. Establishing lists of documents:
a) List of documents terminated, suspended in full; List of documents terminated, suspended in part; List of valid documents (including documents terminated in part and those not yet effective) up to the systematization time point; List of documents requiring suspension, amendment, supplementation, replacement, abolition, or issuance anew;
b) These lists of documents are established according to the templates attached to this Decree.
5. Arranging valid documents into a Systematized Collection of Documents:
All contents of documents in the list of valid documents are arranged into a Systematized Collection of Documents.
6. Publishing the results of systematizing documents:
a) Agencies, except the Standing Committee of the National Assembly, as stipulated in Article 64 of the Law, shall specify the results of systematizing documents under their responsibility;
b) The results of systematizing documents include the lists of documents and the Systematized Collection of Documents as specified in Clause 4 and Clause 5 of this Article;
c) The form of the document announcing the results of systematizing documents is an administrative document;
d) The results of systematizing documents must be published no later than February 1 for central-level documents, March 1 for documents of People's Councils and People's Committees at all levels of the following year after the last year of the systematization period.
Lists of terminated, suspended documents at the central, provincial, and district levels must be published on the Electronic Gazette. Lists of terminated, suspended documents at the commune level (if any) must be posted at the offices of Commune People's Councils and Commune People's Committees and published on the website of Commune People's Committees (if any).
In cases where errors are discovered in the lists of valid documents and the Systematized Collection of Valid Documents after publication, a recheck and correction must be conducted.
Article 52. Criteria for Arranging Texts in the Consolidated System of Legal Normative Documents and Related Catalogues
Texts in the Consolidated System and related catalogues must be arranged according to the following criteria:
1. The field of state administration of the agency or the field determined by the agency responsible for the consolidation;
2. The order from higher legal validity texts to lower legal validity texts;
3. The chronological order of issuance of texts, from earlier issued texts to later issued texts;
4. Other appropriate criteria in accordance with the requirements of state management.
Article 53. Coordination Relationship Among Agencies and Units in the Process of Consolidating Legal Normative Documents
Provincial and district-level agencies shall consolidate texts and submit the results to the Department of Justice and Justice Office for compilation.
4. The coordination relationship among units under the jurisdiction of the Supreme People's Court, Supreme People's Procuracy, State Audit Agency, National Assembly's Ethnic Council, Committees of the National Assembly, National Assembly's Office, and President's Office in the process of consolidating texts shall be carried out in accordance with the regulations of these agencies.
5. Ministries, ministerial-level agencies, and provincial People's Committees shall submit annual reports on the results of the consolidation of texts to the Ministry of Justice within twenty days from the date of publication of the consolidation results for monitoring, compilation, and reporting to the Prime Minister.
Section 5
REPORTING REGIME AND FORMS IN ACTIVITIES
REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS
Article 54. Annual Reporting Regime
1. Annually, based on reports from ministries, ministerial-level agencies, provincial People's Committees, local authorities in special administrative-economic units, the Ministry of Justice will compile and report to the Prime Minister.
2. The deadline for submitting reports and the time point for collecting data for annual reports on the work of reviewing and consolidating legal normative documents shall be implemented in accordance with the regulations of the Minister of Justice.
3. Annual reports on the work of reviewing and consolidating texts shall include the following main contents:
a) Results of the work of reviewing and consolidating texts, including: Data on the number of texts that need to be reviewed, the number of texts that have been reviewed, the results of reviewing texts, the situation of handling reviewed texts; results of consolidating texts; results of reviewing texts by topic, field, and region;
b) General assessment of the quality of the work of drafting and promulgating texts within the responsibility of reviewing and consolidating;
c) Assessment of legal provisions on reviewing and consolidating texts; organization, staffing, and budget for the work of reviewing and consolidating texts;
d) Coordination activities in reviewing and consolidating texts; training, guidance, and skill development for reviewing and consolidating texts and other ensuring conditions;
đ) Difficulties, obstacles, and recommendations;
e) Other relevant issues.
4. Agencies stipulated in Clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide information on the situation and results of reviewing and consolidating texts in accordance with Clause 3 of this Article.
Article 55. Forms for reviewing and systematizing normative legal documents
1. List of normative legal documents that have expired or been suspended in full effect: Form No. 01 attached as Appendix to this Decree.
2. List of normative legal documents that have expired or been partially suspended in effect: Form No. 02 attached as Appendix to this Decree.
3. List of normative legal documents still in effect: Form No. 03 attached as Appendix to this Decree.
4. List of normative legal documents requiring suspension, amendment, supplementation, replacement, abolition, or issuance of new documents: Form No. 04 attached as Appendix to this Decree.
5. Systematization set of normative legal documents: Form No. 05 attached as Appendix to this Decree.
Chapter IV
ENSURING RESOURCES FOR INSPECTION, REVIEWING,
SYSTEMATIZING AND HANDLING NORMATIVE LEGAL DOCUMENTS
Article 56. Human resources, material infrastructure, and funding for inspection, reviewing, systematizing, and handling normative legal documents
1. Human resources, material infrastructure, funding, and special policies for inspection, reviewing, systematizing, and handling normative legal documents shall be implemented in accordance with the provisions of Articles 69 and 70 of the Law, the Resolution of the National Assembly, this Decree, and detailed regulations and guidance documents.
2. Authorities and persons with authority shall ensure and prioritize investment in material infrastructure, modernize technical infrastructure, work equipment, apply digital technology, and digital transformation to serve inspection, reviewing, systematizing, and handling normative legal documents; prioritize investment in large data application solutions and artificial intelligence to support inspection, reviewing, and systematizing normative legal documents to quickly, timely, and accurately identify content contrary to the law, contradictions, overlaps, or no longer suitable, serving effectively the construction and improvement of the legal system.
3. Based on functions, tasks, workload, nature, and specific characteristics of the job, authorities and persons with authority shall allocate sufficient staff with appropriate capacity and qualifications within the total number of staff assigned to effectively implement inspection, reviewing, systematizing, and handling normative legal documents.
4. Personnel engaged in inspection, reviewing, systematizing, and handling normative legal documents shall be allocated, utilized, trained, and furthered in accordance with the provisions of the law.
The content and level of expenditure to ensure inspection, reviewing, systematizing, and handling normative legal documents shall be carried out in accordance with the regulations of the Minister of Finance.
Article 57. Utilization of experts and collaborators for inspection, reviewing, and systematizing documents
1. During the process of inspection, reviewing, and systematizing documents, heads of agencies, organizations, and units may utilize suitable experts and collaborators selected based on specific criteria for each task.
2. Selected experts and collaborators must have relevant professional qualifications in the field or sector they are consulting or collaborating in, or have experience in drafting normative legal documents, organizing the implementation of normative legal documents, or inspecting, reviewing, and systematizing normative legal documents.
3. The treatment of experts and collaborators for inspection, reviewing, and systematizing documents is stipulated as follows:
a) Treatment of experts: Receive remuneration according to agreement; provided with related information during the execution of the expert's work; reimbursed for expenses incurred in attending conferences, seminars, roundtables, investigations, and practical surveys; awarded and honored commensurate with their contributions to the cause of building and perfecting the legal system of Vietnam; other treatments as prescribed by law.
Experts who are Vietnamese residing abroad or foreigners shall be applied in accordance with the legal provisions on attracting individuals engaged in scientific and technological activities, innovation, and digital transformation.
b) Treatment of collaborators: Paid according to a fixed-term contract or paid remuneration according to a piecework contract based on the number of documents for which opinions are sought; reimbursed travel expenses for collaborators participating in document inspection teams; other treatments as prescribed by law.
4. The utilization of experts and collaborators must be approved in writing by the heads of agencies, organizations, and units. Settlement of remuneration and supporting costs for experts shall be carried out in accordance with the provisions of the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 58. Responsibilities of agencies and individuals in the work of inspecting and handling normative legal documents
1. Responsibilities of Ministers, Heads of Ministries:
b) Organizing training for inspection and handling skills of normative legal documents; organizing and managing teams of inspectors under the management of ministries and equivalent agencies;
c) Summarizing and concluding on the work of inspecting and handling normative legal documents of ministries and equivalent agencies.
2. Responsibilities of the Minister of Justice:
a) Assisting the Government in uniformly managing state administration over the work of inspecting and handling normative legal documents nationwide;
b) Urging, directing, and inspecting the implementation of the work of inspecting and handling normative legal documents by ministries, equivalent agencies, and local authorities;
c) Guiding and training skills and expertise in inspecting and handling normative legal documents nationwide; organizing and managing teams of inspectors;
d) Summarizing and concluding on the work of inspecting and handling normative legal documents.
3. Responsibilities of People's Committees at all levels:
a) Urging, directing, and inspecting the implementation of the work of inspecting and handling normative legal documents at the local level;
b) Guiding and training skills and expertise in inspecting and handling normative legal documents; organizing and managing teams of inspectors at the local level;
c) Summarizing and concluding on the work of inspecting and handling normative legal documents at the local level.
Article 59. Responsibilities of agencies and individuals in the work of reviewing and systematizing normative legal documents
1. Agencies (except the Standing Committee of the National Assembly) specified in Article 64 of the Law shall have the following responsibilities:
a) Urging and inspecting activities related to the review and systematization of normative legal documents within their authority;
b) Guiding and training skills and expertise in reviewing and systematizing normative legal documents; organizing and managing teams of reviewers and systematizers of normative legal documents;
c) Summarizing and concluding on the work of reviewing and systematizing normative legal documents;
d) Agencies specified in Clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide information and results about the situation of reviewing and systematizing normative legal documents for the Ministry of Justice to compile and draft reports for the Government to submit to the National Assembly and the Standing Committee of the National Assembly.
2. Responsibilities of the Minister of Justice:
a) Being responsible before the Government for implementing state management over the work of reviewing and systematizing normative legal documents;
b) Urging, directing, and inspecting the work of reviewing and systematizing normative legal documents by ministries, equivalent agencies, and local authorities;
c) Guiding and training skills and expertise in reviewing and systematizing normative legal documents nationwide; organizing and managing teams of reviewers and systematizers of normative legal documents;
d) Summarizing and concluding on the work of reviewing and systematizing normative legal documents.
3. Responsibilities of People's Committees at all levels:
a) Specifying in detail the leading body, cooperation mechanism, and conditions ensuring the work of reviewing and systematizing normative legal documents;
b) Urging and directing the work of reviewing and systematizing normative legal documents at the local level;
c) Guiding and training skills and expertise in reviewing and systematizing normative legal documents; organizing and managing teams of reviewers and systematizers of normative legal documents;
d) Summarizing and concluding on the work of reviewing and systematizing normative legal documents at the local level.
Article 60. Transitional Provisions
1. Legal regulatory documents issued before April 1, 2025 that remain valid, which have not been or are being reviewed, systematized, and processed, shall be subject to review, systematization, and processing in accordance with this Law and this Decree; for legal regulatory documents that have been concluded to be contrary to the law but have not yet been addressed, the handling of such documents shall be carried out in accordance with the provisions of this Decree.
Article 61. Effective Date
This Decree shall take effect from April 1, 2025.
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Place of Receipt: various Departments, Bureaus, subordinate units, Official Gazette; |
PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (signed) Le Thanh Long |
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