Circular 14: Regulations on Inspection of the Implementation of Legal Provisions

Circular 14: Regulations on inspecting the implementation of laws (Illustrative photo)

Circular 14/2014/TT-BTP stipulates that the inspection of the implementation of laws is carried out according to the plan for monitoring the implementation of laws or when there are difficulties, obstacles, inadequacies in the actual implementation, or at the request of a competent state agency. Specifically: Regarding the inspection of the implementation of laws as follows:

- The inspection content of the implementation of laws is carried out as stipulated in Article 7, Article 8, Article 9, Article 10 of Decree 59/2012/ND-CP and Article 1, Article 2, Article 3, Article 4, Article 5 of this Circular; concurrently, it is associated with the inspection of key content in the fields of administrative procedure control and the inspection of legal normative documents that have been identified in the annual plan of ministries, branches, and localities.- Ministries and equivalent agencies inspect the implementation of laws against ministries, equivalent agencies, agencies under the Government of Vietnam, and provincial People's Committees within the scope of the industry and field management. Higher-level People's Committees inspect the implementation of laws against lower-level People's Committees within the scope of their management authority.- The Ministry of Justice presides, and cooperates with ministries, equivalent agencies, and agencies under the Government of Vietnam to establish an inter-sectoral inspection team regarding the implementation of laws in fields within the inter-sectoral management scope, which have many difficulties, obstacles, and inadequacies in the actual implementation.- Judicial agencies propose that the Ministers, Heads of equivalent agencies, agencies under the Government of Vietnam, and Chairmen of People's Committees establish an inspection team regarding the implementation of laws in the fields related to the functions and duties of multiple units that have many difficulties, obstacles, and inadequacies in the actual implementation.- The decision to establish an inspection team must specify the content, the working plan of the inspection team, the composition of the inspection team, and the agency, organization, and individual subject to inspection. The decision to establish an inspection team is notified to the agency, organization, and individual subject to inspection at least 07 working days before the inspection starts.- Agencies, organizations, and individuals subject to inspection must report in writing, provide information, and relevant documents related to the inspection content; explain the issues related to the inspection content. The inspection team or the person with inspection authority reviews, verifies, and concludes the issues related to the inspection content.- During the inspection process, when detecting information that needs handling according to the results of collecting information, the results of inspection, investigation, and survey on the implementation of laws specified in Article 14 of Decree 59/2012/ND-CP, the inspection team and the person with inspection authority propose that the competent agencies, organizations, and individuals apply the necessary measures to handle them. Within 15 days from the date of receiving the processing proposal, the competent agencies, organizations, and individuals must notify the inspection team decision-maker about the processing results. If there is no agreement with the processing results or no processing results are received, the inspection team decision-maker sends handling proposals to the immediate superior of the competent agencies, organizations, and individuals handling the inspection results.- Within 15 days from the end of the inspection, the inspection team reports the inspection results to the inspection decision-maker.

Details can be found in Circular 14/2014/TT-BTP, which takes effect from July 1, 2014.

Ty Na

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