Plan for inspection and review of legislative documents under the management of the Ministry of Construction for 2024 in Vietnam

Plan for inspection and review of legislative documents under the management of the Ministry of Construction for 2024 in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On March 11, 2024, the Minister of Construction issued Decision 161/QD-BXD Plan to inspect and review legislative documents in the field of State management of the Ministry of Construction in 2024.

Plan for inspection and review of legislative documents under the management of the Ministry of Construction for 2024 in Vietnam

The plan to inspect and review legislative documents in the field of State management of the Ministry of Construction in 2024 is implemented as follows:

(1) Plan for examining legislative documents

The content of document inspection is carried out according to the provisions of Article 104 of Decree 34/2016/ND-CP detailing a number of articles and measures to implement the Law on Promulgation of Legislative Documents, including: Checking the authority to issue documents: checking the authority of form and checking the authority of content; checking the content of the document; checking the basis for issuance; presentation format and techniques; and order and procedures for developing and promulgating documents.

The examination of legislative documents must ensure the following requirements and purposes:

- Improve the quality of construction and implementation of legislative documents on construction and the capacity of officials working to inspect legislative documents on construction; ensure comprehensiveness, timeliness, objectivity, openness, and transparency; and correct authority, order, and procedures.

- Strengthen coordination between agencies and units in the work of developing, examining, and processing legislative documents; combine inspection by competent agencies and persons with self-inspection by agencies and document issuers; ensure coordination between relevant agencies.

- Promptly detect documents that show signs of being illegal or no longer consistent with the socio-economic development situation, find the causes and propose solutions, and promptly rectify and overcome shortcomings.
to improve the industry's legal system.

(2) Plan to review legislative documents

The content, order, procedures, and handling of the results of reviewing legislative documents comply with the provisions of the Law on Promulgation of Legislative Documents and Chapter IX of Decree 34/2016/ND-CP (amended in Decree 154/2020/ND-CP), specifically including the following contents:

- Review the entire system of legislative documents in the field of state management of the Ministry of Construction to promptly detect regulations that violate the Constitution, laws, or are no longer suitable for the socio-economic situation. (based on guidelines, guidelines, and policies of the Party and State; official documents and documents of competent state agencies; results of investigations, surveys, and practical information related to the reviewed document) that need to be ceased from effect, annulled, replaced, amended, supplemented, or newly promulgated.

- Review and propose amendments, supplements, replacements, repeals, or promulgations of new legislative documents, ensuring compliance with the provisions of legislative documents that have a higher legal effect than the documents under review.

- Carry out reviews of legislative documents by topic, field, and area at the request of the National Assembly, Government, Prime Minister, Working Groups on review of legislative documents or when receiving recommendations from agencies, organizations, or individuals to propose to the Ministry of Construction or competent authorities to consider abolishing, amending, supplementing, replacing, or promulgating new regulations according to regulations.

- Organize the review and compilation of a list of legislative documents issued by the Ministry of Construction or assigned to preside over the drafting that expire or cease to be effective in whole or in part according to Form No. 03 and Form No. 04 of Appendix IV issued with Decree 34/2016/ND-CP for publication according to regulations.

In particular, the review of legislative documents will have to ensure the following requirements and purposes:

+ Review legislative documents must be conducted regularly and promptly as soon as there is a basis for reviewing documents publicly, within authority, order, and procedures according to the provisions of law; Do not omit documents under review responsibility; promptly handle review results; and comply with the review procedure.

+ Promptly detect regulations that are illegal, contradictory, overlapping, expired, or no longer consistent with the socio-economic development situation and international treaties to which Vietnam is a member to suspend the implementation, annul, replace, amend, supplement, or promulgate new documents; ensure constitutionality and legality; unity and synchronization; feasibility and requirements for openness, transparency, and accessibility of the system of legislative documents on construction.

+ Strengthen coordination between agencies and units in reviewing legislative documents, ensuring close coordination between relevant agencies and competent persons.

More details can be found in Decision 161/QD-BXD, taking effect on March 11, 2024.

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