Self-Inspection of the implementation of legislative documents in the Industry and Trade Sector in Vietnam

Self-Inspection of the implementation of legislative documents in the Industry and Trade Sector in Vietnam (Illustration)

Under Article 9 of Circular 25/2011/TT-BCT regarding self-inspection of the implementation of legislative documents in the field of industry and trade in Vietnam as follows:

1. Scope of Self-Inspection

- Documents under the authority of issuance or joint issuance of the Minister of Industry and Trade.

- Individual administrative documents containing legal norms issued by the Ministry of Industry and Trade or units within the Ministry.

2. Procedures for Self-Inspection of Documents in Vietnam

- Periodically on a monthly basis or unexpectedly as required by the Ministry's leadership, the Legal Department organizes self-inspection of documents and prepares the Document Inspection Dossier.

- The Document Inspection Dossier includes: the inspected document, the “Document Inspection Form” as regulated in Appendix No. 01 attached to this Circular, and other related materials.

- In case a document shows signs of illegality, the Legal Department sends the “Document Inspection Form” to the drafting unit.

- Within no more than 05 (five) working days from the date of receiving the “Document Inspection Form” from the Legal Department, the drafting unit must provide a written response on the inspection results for the Legal Department to review and submit to the Minister for the handling proposal of the illegal document.

3. Handling of Illegal Documents in Vietnam

- The handling of results from self-inspection of legislative documents is carried out in accordance with the provisions of Articles 27, 28, 29, 30 of Decree No. 40/2010/ND-CP.

- The handling of documents containing legal norms but not issued in the correct form and authority is done in accordance with Clause 3, Article 26 of Decree No. 40/2010/ND-CP.

4. Notification of Handling Results of Self-Inspected Illegal Documents in Vietnam

- The results of handling illegal documents self-inspected by the Ministry of Industry and Trade must be published in the Official Gazette, posted on the Ministry of Industry and Trade's electronic information page within 05 (five) working days from the date of issuing the handling document.

- In case the document is inspected and handled upon request, recommendation, or notification of other organizations or individuals, the handling document is also sent to those organizations or individuals.

More details can be found in Circular 25/2011/TT-BCT, which comes into force in Vietnam from August 15, 2011.

Thuy Tram

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