Instruction on the Procedures for Self-Inspection of Legal Documents by the Legal Department

The procedure for conducting self-review of legal normative documents by the Legal Department is implemented according to Circular 06/2015/TT-TTCP, specifically:

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Step 1: Within 03 working days from the date the document drafted by the Legal Department is issued or from the date the Legal Department receives the document for review, the Director of the Legal Department is responsible for organizing the self-review of the document.

For documents found to have indications of legal non-compliance during the review, the reviewer shall compile a dossier on the document with illegal content. The dossier includes:

- Legal basis for the review;- Document review form according to form number 01/BTP/KTrVB issued with Circular No. 20/2010/TT-BTP dated November 30, 2010, of the Ministry of Justice detailing the implementation of certain articles of Decree No. 40/2010/ND-CP dated April 12, 2010, of the Government of Vietnam on inspection and handling of legal normative documents (hereinafter referred to as Circular No. 20/2010/TT-BTP);- The document being reviewed;- Report on the results of the self-review of the legal normative document. The content of the Report follows the provisions of Clause 2, Article 12 of Decree No. 40/2010/ND-CP dated April 12, 2010, of the Government of Vietnam on inspection and handling of legal normative documents (hereinafter referred to as Decree No. 40/2010/ND-CP);- Documents providing the legal basis for determining illegal content;- Draft document handling the document with illegal content;- Draft supplementary, amended, or replacement document (if any);- Other documents related to the handling of the document.

Step 2: Based on the results of the self-review, the Director of the Legal Department signs the report on the results of the self-review and proposes the form of handling (for the document drafted by the Legal Department) or sends a notice to the drafting unit under the Inspectorate of the Government of Vietnam about the illegal content of the document to conduct a self-review and propose a form of handling.

Step 3: During the self-review process conducted by the Legal Department, the drafting unit is responsible for providing dossiers, materials, and explanations on issues related to the content of the document being reviewed as requested by the Legal Department within 05 working days from the date of receiving the written request.

More details can be found in: Circular 06/2015/TT-TTCP effective from December 08, 2015.

Thu Ba

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