Procedure for Regular Self-Inspection of Issued Documents by the Ministry of Health

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Circular 19/2015/TT-BYT stipulates the regular self-inspection process of documents after issuance by the Ministry of Health as follows:

1. Within no more than 10 working days from the date of issuance of the document, the head of the unit under the Ministry of Health responsible for drafting the document must organize the self-inspection and assign personnel to inspect the document. Depending on the requirements of the document being inspected, the head of the unit may decide to invite collaborators from the Ministry of Health to participate in the inspection or seek expert opinion on the document being inspected.

2. The person inspecting the document is responsible for studying, inspecting the entire document, and comparing the provisions of the document being inspected with the legal basis stipulated in Article 6 of Decree No. 40/2010/ND-CP and in Article 4 of Circular No. 20/2010/TT-BTP to review, evaluate, and conclude the constitutionality and legality of the document being inspected.

3. The person inspecting the document must sign and clearly indicate the date, month, and year of inspection on the upper corner of the inspected document to confirm the inspection and the time of inspection.

4. In the case where no signs of illegality are detected in the document, the inspector drafts a Summary of inspection results according to the template provided in Appendix No. 02, including the name of the inspected document, the legal basis document for the inspection, the concluding opinion on the inspected document, any disagreements (if any), and the inspector’s viewpoint on this issue, as well as proposed handling for the inspected document (if any).

5. In the case where signs of illegality are detected in the document, the inspector drafts a Legal Document Inspection Sheet with signs of illegality according to the template provided in Appendix No. 03 and the File on the legal document with illegal content according to the template provided in Appendix No. 04, and presents it to the head of the unit for self-inspection instead of the Summary of inspection results as stipulated in Clause 4 of this Article, clearly stating the handling plan. The proposed handling plan follows the provisions at Clause 5, Article 9 of Circular No. 20/2010/TT-BTP. The head of the unit conducting self-inspection reviews and signs the confirmation on the Legal Document Inspection Sheet with signs of illegality.

In necessary cases, discussions can be organized within the unit, seeking expert opinions or opinions from relevant units before signing the confirmation.

6. In the case where signs of illegality are detected in the document, within no more than 03 (three) working days from the date of inspection result, the unit notifies and sends the File on the document with illegal content along with the handling plan for the illegal document to the Legal Affairs Department to coordinate the inspection and handling as stipulated in Article 9 of this Circular.

For more details, see Circular 19/2015/TT-BYT, effective from September 1, 2015.

Le Hai

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