Guidance on enhancing the effectiveness of document inspection and law enforcement monitoring in the Customs field in Vietnam in 2022?
- How does the Customs Department guide to enhance the effectiveness of document inspection and law enforcement monitoring in 2022?
- What is the form of handling illegal documents, documents with errors in terms of basis for issuance, form and technique?
- What administrative documents in the Customs field in Vietnam are examined and handled?
- How are administrative documents regulated?
How does the Customs Department guide to enhance the effectiveness of document inspection and law enforcement monitoring in 2022?
According to Official Dispatch 2404/TCHQ-PC in 2022 on self-inspection and document handling, the General Department requires subordinate and subordinate units to seriously perform the following tasks:
- Do not advise promulgating or promulgating according to its competence administrative documents containing legal regulations.
- Do not advise promulgating or promulgating according to its competence documents with overlapping and conflicting contents.
- Drafting and promulgating documents in accordance with the provisions of law
+ For legal documents: Draft and promulgate according to the provisions of the Law on Promulgation of Legal Documents and guiding documents.
+ For administrative documents: Draft and promulgate in accordance with the Government's Decree 30/2020/ND-CP dated March 5, 2020 on clerical work; Regulations on elaboration of legal documents on customs, formulation and promulgation of regulations and professional processes in Customs field in Vietnam; Regulation on clerical work of the General Department of Customs (issued together with Decision 618/QD-TCHQ dated March 15, 2021 of the General Department of Customs).
- Strictly inspect legal documents and administrative documents right from the step of drafting, submitting to competent authorities for signing and promulgation until the documents are issued and applied.
- In case, through inspection, it is found that the document has violations, immediately report it to the leader of the unit and handle it according to the provisions of Article 130 of Decree 34/2016/ND-CP dated May 14, 2016 detailing a number of articles and measures to implement the Law on Promulgation of Legal Regulations (amended and supplemented in Decree 154/2020/ND-CP); Regulation on examination and handling of documents of the General Department of Customs as amended by Point b, Clause 17, Article 1 of Decree 154/2020/ND-CP
Guidance on enhancing the effectiveness of document inspection and law enforcement monitoring in the Customs field in Vietnam in 2022?(Image from: Internet)
What is the form of handling illegal documents, documents with errors in terms of basis for issuance, form and technique?
According to Article 130 of Decree 34/2016/ND-CP stipulating:
"Article 130. Unlawful handling of documents, documents with errors in terms of basis for issuance, form and technique
1. Suspend the execution of a part or the whole of a document in case the illegal content affects the interests of the State, and the lawful rights and interests of organizations and individuals if it is not promptly annulled. .
2. To annul part or all of a document in the following cases:
“a) A part or the whole of the document is illegally promulgated under the provisions of Point a, Clause 2, Article 103 of this Decree;”.
b) The document specified at Point d Clause 1 Article 103 of this Decree.
3. Document corrections shall be made for documents with errors in the promulgation grounds, format and presentation techniques. The agency or person issuing the document corrects the document in an administrative document. The correction of documents of the People's Council shall be made by the Standing Committee of the People's Council.
6. Strictly implement the reporting regime (report contents and deadlines) in accordance with Official Dispatch No. 312/TCHQ-PC dated January 26, 2022 of the General Department of Customs.
What administrative documents in the Customs field in Vietnam are examined and handled?
According to Article 103 of Decree 34/2016/ND-CP stipulating:
"Article 103. Documents to be examined and handled
1. Checked documents include:
a) Circulars of ministers and heads of ministerial-level agencies;
“b) Joint circular between Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, State Auditor General;".
c) Resolution of the People's Council, decision of the People's Committee;
d) Documents containing legal regulations but not promulgated in the form of legal documents; documents that contain legal regulations or have the same format as legal documents promulgated by agencies or persons without competence.
2. Processed documents include:
“a) Illegal documents include documents promulgated not within the competence; documents with contents contrary to the Constitution or legal documents with higher legal effect; the document specifying the effective date is contrary to the provisions of Clause 1, Article 151 of the Law; documents that violate the law on policy impact assessment, opinion collection, appraisal and verification of drafts; Circulars of Ministers and Heads of ministerial-level agencies promulgated in urgent cases to solve problems arising in practice according to simplified order and procedures, but not complying with the provisions of Clause 3, Article 147 of the Law;”.b) The document contains errors in terms of the promulgation basis, format and presentation technique;
c) The document specified at Point d, Clause 1 of this Article."
How are administrative documents regulated?
According to Article 8 of Decree 30/2020/ND-CP stipulating:
"Article 8. Text format
1. Text format is a set of text components, including the main components applicable to all types of documents and additional components in specific cases or for some certain type of text.
2. Form of administrative documents including main components
a) National title and motto.
b) Name of the agency or organization issuing the document.
c) Number, symbol of the document.
d) Place and time of promulgation of the document.
d) Type name and excerpt of text content.
e) Text content.
g) Title, full name and signature of the competent person.
h) Seal, digital signature of the agency or organization.
i) Place of receipt.
3. In addition to the components specified in Clause 2 of this Article, the document may add other components
a) Appendix.
b) Indication of confidentiality, level of urgency, instructions on the scope of circulation.
c) The author's signature and the number of copies issued.
d) Address of the agency or organization; email; electronic information; phone number; fax number."
Lê Nguyễn Cẩm Nhung
