Guidelines on the inspection of documents issued by the Minister of Finance of Vietnam and heads of units under the Ministry of Finance of Vietnam

Guidelines on the inspection of documents issued by the Minister of Finance of Vietnam and heads of units under the Ministry of Finance of Vietnam​ (Image from the Internet)

On November 27, 2024, the Minister of Finance of Vietnam issued Decision 2829/QD-BTC regarding the Regulation on constructing, promulgating legislative documents and organizing the implementation of financial laws.

Guidelines on the inspection of documents issued by the Minister of Finance of Vietnam and heads of units under the Ministry of Finance of Vietnam

According to the provisions of Article 94 of the Regulation issued together with Decision 2829/QD-BTC in 2024, the review of documents issued by the Minister of Finance of Vietnam, the heads of the units under the Ministry of Finance of Vietnam is conducted as follows:

- Immediately after issuance or submission to the Ministry for signing of administrative documents (not legislative documents), the heads of units under the Ministry undertake self-inspection of the documents. When detecting documents under review with signs of illegality or errors, they promptly issue modifications, supplements, or replacements within their competence or submit to the Ministry for issuance.

- Upon receiving inspection requests or conclusions from the Ministry of Justice (Department for the Examination of legislative documents) regarding documents drafted or issued by the unit or signed by the Ministry, the head of the unit is responsible for organizing self-inspection of the document, providing an explanation document regarding the content of the document as requested by the authority or individual entitled to inspect documents (for documents submitted to the Ministry for signing or on behalf of Ministry signature, opinions from the Department of Legal Affairs and related units under the Ministry must be sought before submitting to the Ministry); reporting the results of document self-inspection to the Ministry, proposing handling measures, and sending official communication to the Ministry of Justice following the provisions in Clauses 1 and 2 of Article 125 of Decree 34/2016/ND-CP, specifically:

+ Within 30 days from receiving inspection conclusions about unlawful documents, the agency or individual who issued the document must proceed to review and handle such documents, then notify the inspection authority of the handling results.

+ In cases where the agency or individual who issued the unlawful document does not handle it following Clause 1 of Article 125 of Decree 34/2016/ND-CP or if the authority or person responsible for inspecting and handling documents does not agree with the handling result, within 15 days from the expiration of the handling period, the competent inspecting and handling authority shall report to the competent managing authority for consideration and disposition according to regulations.

- Upon receiving requests or recommendations from agencies, organizations, or individuals for reviewing documents issued by the Ministry of Finance containing legal provisions but not issued in the form of legislative documents, not issued under proper authority, or documents issued by the heads of units under the Ministry of Finance containing legal provisions not issued under proper authority, the unit drafting the document carries out document inspection. If it detects that the documents it issued have signs of illegality, it must issue amended, supplemented, or replacement documents and provide feedback on the inspection results to the agency, organization, or individual who requested the document inspection, reporting the handling result to the Ministry.

In the case of documents submitted to the Ministry for issuance or signed on behalf of the Ministry, the Department of Legal Affairs and relevant units under the Ministry should be consulted to report to the Ministry the results of the document inspection and propose handling measures.

For further details, refer to the Decision 2829/QD-BTC, effective from November 27, 2024.

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