Guidance on implementation of inspection of the enforcement of legislative documents according to authority in Vietnam

Guidance on implementation of inspection of the enforcement of legislative documents according to authority in Vietnam (Illustrative Image)

In Circular 25/2011/TT-BCT, the regulation for inspecting the enforcement of legal documents according to authority is implemented as follows:

1. Scope of inspection according to authority in Vietnam

Documents with content related to the state management field of the Ministry of Industry and Trade issued by agencies, organizations, or individuals with jurisdiction.

2. Procedure and order of inspection according to authority in Vietnam

The procedure and order of inspection according to authority are implemented following the provisions of Article 10 of this Circular.

3. Handling illegal documents according to authority in Vietnam

- In case of discovering a document with illegal content, exceeding authority, or no longer suitable, the Legal Department recommends that the Minister send a document to the issuing agency or individual for handling.

- Within 30 (thirty) working days from the date of receipt of the document as specified in clause 1 of this Article, if the issuing agency or individual does not handle it or the handling result does not comply with the legal regulations, the Minister of Industry and Trade shall exercise handling authority as regulated in clause 1, Article 17 of Decree No. 40/2010/ND-CP.

- After receiving the handling result from the competent issuing agency, the Legal Department is responsible for notifying the relevant organizations or individuals of the handling result.

- The Legal Department maintains a "Legal Document Inspection Tracking Book" to monitor and urge the handling of documents by the issuing agency according to the template prescribed in Appendix 2 attached to this Circular.

4. Organizing inspection teams by topic and region

- Based on the requirements and annual plan for document inspection work, the Legal Department submits to the Minister for approval to establish inspection teams by topic or region.

- At least 15 (fifteen) days before the inspection, the inspection team sends a written notice of the plan, schedule, and necessary requirements for the inspection to the agency, unit, or region with the documents being inspected.

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

Thuy Tram

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