Procedure for Coordinated Self-Inspection of Documents with Signs of Legal Violation

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For documents with signs of illegality as notified by a competent authority or upon receiving a request sent to the Government Inspectorate of Vietnam for self-inspection, the Director of the Legal Affairs Department shall organize a self-inspection or send a notification to the head of the drafting unit within the Government Inspectorate of Vietnam to conduct the self-inspection. The order and procedures for self-inspection are stipulated in Articles 15 and 16 of Circular 06/2015/TT-TTCP.

For documents with signs of illegality that are self-inspected by the head of the drafting unit, the head of the drafting unit is responsible for cooperating with the Legal Affairs Department to clarify the content with signs of illegality, the handling measures, and prepare the handling document.

In cases where the Legal Affairs Department and the drafting unit cannot reach a consensus, the drafting unit must provide a written explanation of its viewpoint to the Legal Affairs Department for consolidation and reporting to the Chief Inspector of the Government of Vietnam as stipulated in Clause 2, Article 18 of this Circular.

For documents with illegal content where the proposed handling measure is to amend part or the entire content of the document, within 15 working days, the drafting unit must draft an amendment or replacement document. If the document has complex content and requires additional time for research to draft an amendment, the drafting unit must provide a written explanation stating the reason and the deadline for submission, while also proposing the suspension of part or the entire document with illegal content.

More details can be found in: Circular 06/2015/TT-TTCP, effective from December 8, 2015.

Thu Ba

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