On May 15, 2014, the Ministry of Justice issued Circular 14/2014/TT-BTP guiding Decree 59/2012/ND-CP on monitoring the implementation of the law.
Consideration and assessment of the feasibility of the document detailing the implementation of the legal normative document (Illustrative photo)
Circular 14/2014/TT-BTP regulates the consideration and assessment of the feasibility of the document detailing the implementation of the legal normative document. To be specific:
- The feasibility of the detailing document is assessed based on the consideration of the following essential contents:
- The consistency of the regulations with socio-economic conditions, the level of people's knowledge, cultural traditions, and customs;- The appropriateness of the regulations with the actual conditions regarding organizational structure, human resources, and financial resources for implementation;- The rationality of the measures to resolve issues and the handling sanctions;- The clarity of the regulations on the duties, powers of agencies, organizations, and implementation procedures;- The clarity and specificity of the regulations to ensure accurate, consistent understanding and convenient implementation and application.
- Basic information sources for assessing the feasibility of the detailing document include:
- Information from specialized agencies and units;- Information stipulated about the results of inspection, investigation, and survey activities on the legal implementation situation, outcomes of the consolidation of legal normative documents, and reflections from agencies, organizations, individuals, media, and public opinion.
Based on the regulations on assessing the feasibility of the detailing document, the specialized agency identifies any details in the document that do not ensure feasibility or face difficulties, obstacles, or inadequacies in practical implementation, evaluates the causes, and recommends treatment measures, sending them to the judicial agency for synthesis.
Based on the analysis, consideration, and synthesis of the regulated information sources, the judicial agency compiles a list of detailing documents with content that does not ensure feasibility or faces difficulties, obstacles, or inadequacies in practical implementation, and reports to the Minister, heads of ministerial-level agencies, agencies under the Government of Vietnam, and corresponding-level People's Committees for review and amendment, supplementation under their authority, or recommends competent agencies for consideration and handling.
For more details, see Circular 14/2014/TT-BTP effective from July 01, 2014.
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