Contents for inspecting the implementation of legislative documents in the industry and trade sector in Vietnam

Contents for inspecting the implementation of legislative documents in the industry and trade sector in Vietnam (Illustrative photo)

In Circular 25/2011/TT-BCT, regulations on inspecting the implementation of legislative documents in the industry and trade sector are as follows:

1. Documents subject to inspection and handling

Documents subject to inspection and handling are those specified in Clause 2, Clause 3, Article 1 of Decree 40/2010/ND-CP dated April 12, 2010, of the Government of Vietnam on inspecting and handling legislative documents (hereinafter referred to as Decree 40/2010/ND-CP) with content related to the industry and trade sector, which are still in effect at the time of inspection.

2. Inspection content

The inspection content includes the constitutionality and legality of the document as specified in Article 3 of Decree 40/2010/ND-CP and Article 3 of Circular 20/2010/TT-BTP dated November 30, 2010, of the Minister of Justice detailing the implementation of several articles of Decree 40/2010/ND-CP dated April 12, 2010, of the Government of Vietnam on inspecting and handling legislative documents (hereinafter referred to as Circular 20/2010/TT-BTP).

3. Document inspection collaborators

- Document inspection collaborators must meet the following conditions:

- Have knowledge and skills in document inspection work;- Have professional qualifications in the specialized field of the document content being inspected;- Have at least 3 (three) years of experience in the field currently being handled.

- Document inspection collaborators can be selected from units under the Ministry of Industry and Trade or other agencies and organizations, and will be considered and decided by the Head of the Legal Department based on the implementation of the inspection work through a contract.

4. Inspection responsibility

- The Legal Department:

- Acts as the focal point for organizing self-inspection and inspection according to authority;- Develops and urges the implementation of self-inspection and inspection plans according to authority, proposes forms of handling documents with illegal content;- Sends notices requesting the drafting or issuing agency to self-inspect and handle documents with signs of violating legal regulations related to the industry and trade sector;- Monitors the results of self-inspection and handling of documents with illegal content by the agency that issued the document and proposes handling measures for the Minister to consider and decide in cases where the issuing agency does not inspect and handle or the handling results are not in accordance with legal regulations;- Summarizes, reports the results of document inspection and handling as per legal regulations;- Cooperates with the Department of legislative documents Inspection under the Ministry of Justice, other agencies, organizations, individuals, and mass media to promptly receive and handle information about documents with signs of violating legal regulations related to the industry and trade sector.

- Units under the Ministry: Cooperate with the Legal Department and related agencies and units in self-inspection, inspection according to authority, and handling documents as per legal regulations; no later than Thursday each week, update and send the list of documents issued by the unit in the previous week to the Legal Department for self-inspection purposes.

- The Office of the Ministry:

- No later than Thursday each week, updates the list of documents issued by the Ministry in the previous week (except for classified documents) and posts it on the internal electronic information page to serve self-inspection of documents;- Publishes the results of handling illegal documents in the Official Gazette.

More details can be found in Circular 25/2011/TT-BCT, which takes effect from August 15, 2011.

Thuy Tram

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