Nghị định 135/2003/NĐ-CP về việc kiểm tra và xử lý văn bản quy phạm pháp luật

DECREE

ON THE EXAMINATION AND HANDLING OF LEGAL DOCUMENTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 12, 1996 Law on Promulgation of Legal Documents and December 16, 2002 Law No. 02/2002/QH11 Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;
Pursuant to the June 21, 1994 Law on Organization of the People's Councils and People's Committees;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Objects and scope of regulation

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Article 2.- Purposes of examination of documents

The examination of documents aims to detect unlawful contents of documents in order to suspend in time the implementation thereof, amend, cancel or annul such documents, ensuring the constitutionality, legality and consistency of the legal system, and concurrently to propose competent agencies or persons to determine the responsibilities of competent agencies or persons that have promulgated such unlawful documents.

Article 3.- Contents of examination of documents

The examination of documents covers the consideration, evaluation of, and conclusion on, the legality of documents. Lawful documents are those fully satisfying the following conditions:

1. Being promulgated on proper legal grounds:

Documents promulgated on proper legal grounds are those which:

a/ Have legal grounds for their promulgation;

b/ Such legal grounds are legally effective at the time of promulgation;

c/ The agencies or the heads of units submitting the draft documents have the submitting competence as prescribed by law;

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2. Being promulgated according to the right competence.

The competence to promulgate documents consists of the form-related competence and the content-related competence.

a/ The form-related competence applicable under this Decree means that only competent agencies or persons may promulgate those documents prescribed in Article 16, Clauses 1, 2 and 4 of Article 18, and Article 19 of the Law on Promulgation of Legal Documents, which have been amended and supplemented under December 16, 2002 Law No. 02/2002/QH11 Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents (hereinafter called the Law on Promulgation of Legal Documents for short).

b/ The content-related competence applicable under this Decree means that competent agencies or persons may only promulgate documents falling under their respective competence which is vested by law or assigned or decentralized.

3. The documents' contents comply with law provisions.

Documents promulgated according to the right competence must comply with the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the State President, resolutions and decrees of the Government, decisions and directives of the Prime Minister and documents of the superior State bodies. Documents promulgated by ministers, heads of ministerial-level agencies in the State management domains of other ministries, ministerial-level agencies or Government-attached agencies must comply with documents of ministers or heads of ministerial-level agencies performing the State management over such domains and with documents of ministers or heads of ministerial-level agencies who are assigned by the Prime Minister to sign and promulgate (hereinafter referred to as ministers assigned by the Prime Minister to sign and promulgate for short) documents of Government-attached agencies; decisions and directives of People's Committees must also comply with resolutions of People's Councils of the same level. Specifically:

a/ Compliance with the contents and objectives of laws;

b/ Compliance with the fundamental principles on organization and operation of the State of the Socialist Republic of Vietnam and fundamental principles of Vietnamese laws;

c/ Compliance with international agreements which the Socialist Republic of Vietnam has signed or acceded to;

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The presentation formats and techniques of documents prescribed at Point a, Clause 2 of this Article include: title (document title, official name of the country); name of promulgating agency; serial number and code (with the promulgation year inscribed between the number and code); place and date of promulgation; name of document type, brief contents; contents; correct Vietnamese spelling and grammar and legal writing style; recipient(s); signature; stamps (including stamps denoting the confidentiality level, stamps denoting the level of urgency, stamps denoting "meeting document," "to be collected after meeting") and the presentation method.

The minister-director of the Government Office shall specify the document-presentation formats and techniques.

5. Full compliance with the provisions on the procedures for formulation, promulgation and publication in the Official Gazette, news report or publicization of documents.

Agencies or persons competent to promulgate documents must fully observe the procedures for formulation, promulgation and publication of documents in the Official Gazette, news report or publicization of documents according to the law provisions on promulgation of legal documents.

Article 4.- Principles for examination of documents

1. The document-examining work must be performed regularly and in time by officials and public employees of competent State agencies according to law provisions, ensuring close coordination among the concerned agencies in this work.

2. Agencies or persons competent to promulgate documents must organize by themselves the examination of documents promulgated by themselves before the functional agencies examine them.

3. When agencies, organizations and individuals detect that documents show signs of law violation, contradiction or overlapping in the course of implementation, they may report them to the mass media and propose competent agencies or persons to examine such documents.

4. It is strictly forbidden to take advantage of the examination for self-seeking purposes, cause difficulties to normal activities of agencies or persons with the document-promulgating competence, whose documents are being examined.

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1. Documents which show signs of law violation must be notified immediately by agencies or persons competent to examine documents to agencies or persons competent to promulgate documents for examination and handling by themselves.

2. The handling of unlawful documents must be conducted by competent agencies or persons in an objective, comprehensive, timely and thorough manner strictly according to law provisions.

3. Unlawful documents must be immediately suspended from implementation and be cancelled or abrogated in time.

4. Agencies or persons competent to handle documents shall take responsibility before law for their conclusions and handling decisions; if their handling decisions run counter to laws, they must remedy legal consequences caused by their decisions.

5. Agencies, organizations and individuals are strictly forbidden to intervene in the process of handling unlawful documents.

Article 6.- Modes of examining documents

The examination of documents shall be conducted by the following modes:

1. Self-examination by agencies or persons competent to promulgate documents;

2. Examination by agencies or persons competent to examine documents according to their assigned tasks, including:

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b/ Organization of examination teams by subject, geographical area, branch or domain.

3. Examination upon receiving requests or proposals of agencies, organizations or individuals detecting documents with signs of law violation.

Article 7.- Legal grounds for determining unlawful contents of examined documents

1. The legal grounds for determining unlawful contents of the examined documents are documents of higher legal effect which are currently effective at the time of examination of documents as prescribed in Chapter VIII "Effect of legal documents and principles for application of legal documents" of the Law on Promulgation of Legal Documents.

2. Agencies or persons competent to examine documents must screen regularly and in time to determine which documents are of higher effect and currently effective at the time of examination of documents as the legal grounds in service of the document-examining work.

Article 8.- Measures to handle competent agencies or persons that have promulgated unlawful documents

Basing themselves on the unlawful contents and the level of actual damage caused by unlawful documents, agencies or persons with the examining competence shall propose:

1. Competent agencies or persons that have promulgated unlawful documents to take measures promptly to remedy consequences caused by the promulgation and implementation of unlawful documents.

2. Competent agencies or persons to determine the handling forms and levels against the agencies or persons with the document-promulgating competence that have promulgated unlawful documents.

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Article 9.- Announcement of the results of handling unlawful documents

1. Decisions of agencies or persons competent to handle documents prescribed in Articles 14, 15 and 16 of this Decree on the cancellation, abrogation or suspension of the implementation of unlawful documents must be published in the Official Gazette or announced on the central mass media.

2. Resolutions of People's Councils, decisions of provincial-level or district-level People's Committee presidents on abrogating, canceling or suspending the implementation of, unlawful documents under the provisions of Article 17 of this Decree must be announced on the local mass media.

Chapter II

SELF-EXAMINATION OF DOCUMENTS BY AGENCIES AND PERSONS COMPETENT TO PROMULGATE DOCUMENTS

Article 10.- Responsibility for self-examining documents

1. Ministers, heads of ministerial-level agencies as well as People's Councils and People's Committees at all levels shall have to self-examine documents promulgated by themselves; ministers and heads of ministerial-level agencies shall have to self-examine the contents of joint documents regarding the State management domains of ministries, ministerial-level agencies or Government-attached agencies in order to detect provisions which are unlawful, contradictory, overlapping or no longer suitable to the practical situation so as to suspend in time the implementation of, amend, supplement, replace or cancel, such documents.

2. Heads of the legal organizations of ministries or ministerial-level agencies shall assist ministers or heads of ministerial-level agencies in self-examining documents promulgated by the latter or joint documents signed and promulgated jointly by the latter and other ministers, heads of other agencies and/or organizations.

Heads of Legal Boards of People's Councils, directors of provincial/municipal Justice Services, heads of district-level Justice Sections (in localities with district-level Justice Sections), heads of commune-level Justice Boards shall assist People's Councils and People's Committees of the same level in self-examining documents.

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Heads of legal organizations of Government-attached agencies shall coordinate with legal organizations of the ministries whose ministers are assigned by the Prime Minister to sign and promulgate documents of such Government-attached agencies in self-examining documents.

3. The concerned agencies and units shall have to supply in time necessary information, materials and documents to, and coordinate with, legal organizations of ministries, ministerial-level agencies, Government-attached agencies, Legal Boards of People's Councils, provincial/municipal Justice Services, district-level Justice Sections and commune-level Justice Boards in self-examining documents.

Article 11.- Modes of self-examining documents

The self-examination of documents shall be conducted as follows:

1. Organizing regular examination of self-promulgated documents;

2. Organize timely screening and examination of self-promulgated documents when:

a/ The socio-economic situation has changed or when superior State agencies have promulgated new documents which render the contents of self-promulgated documents unsuitable;

b/ Upon receiving requests, proposals or notices of agencies or persons competent to examine documents or other agencies, organizations or individuals as well as the mass media on the self-promulgated documents which show signs of law violation or are no longer suitable.

Chapter III

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Section 1. COMPETENCE TO EXAMINE DOCUMENTS

Article 12.- Competence of the Prime Minister, ministers, heads of ministerial-level agencies, heads of Government-attached agencies in examining documents

1. The Prime Minister shall examine documents promulgated by ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees, joint documents promulgated by ministries and/or ministerial-level agencies, and joint documents promulgated by ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations.

2. Ministers, heads of ministerial-level agencies and heads of Government-attached agencies shall examine documents containing provisions related to the their respective branches or State management domains, which have been promulgated by other ministers, heads of other ministerial-level agencies, provincial-level People's Councils or People's Committees.

3. The Justice Minister shall exercise the examining competence prescribed in Clause 2 of this Article and assist the Prime Minister in examining:

a/ Documents promulgated by ministers or heads of ministerial-level agencies, which are related to the State management domains of such ministries or ministerial-level agencies and of Government-attached agencies;

b/ Documents promulgated by ministers or heads of ministerial-level agencies, which are related to many branches and State management domains of various ministries, ministerial-level agencies and/or Government-attached agencies;

c/ Joint documents of ministries and/or ministerial-level agencies;

d/ Joint documents of ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations;

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4. The minister-director of the Government Office shall exercise the examining competence prescribed in Clause 2 of this Article and assist the Prime Minister in examining:

a/ Documents promulgated by the Justice Minister on the branch and State management domain of the Justice Ministry;

b/ Joint documents between the Justice Ministry and other ministries and/or ministerial-level agencies;

c/ Joint documents between the Justice Ministry, other ministries or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations;

d/ Other documents as assigned by the Government or the Prime Minister.

5. In case of disputes over the examining competence, the Justice Minister shall report them to the Prime Minister for decision.

Heads of legal organizations of ministries, ministerial-level agencies or Government-attached agencies shall assist ministers, heads of ministerial-level agencies or heads of Government-attached agencies in examining documents falling under the examining competence of the latter.

The director of the Document Examination Department shall assist the Justice Minister in examining documents falling under the examining competence of the latter.

Article 13.- Competence of provincial-level and district-level People's Committee presidents

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2. District-level People's Committee presidents shall examine documents promulgated by commune-level People's Councils and People's Committees.

Directors of provincial/municipal Justice Services and heads of district-level Justice Sections shall assist presidents of People's Committees of the same level in examining documents prescribed in Clauses 1 and 2 of this Article.

Section 2. COMPETENCE TO HANDLE UNLAWFUL DOCUMENTS

Article 14.- Competence of the Prime Minister in handling unlawful documents

1. To decide to cancel, or suspend the implementation of, part or whole of documents promulgated by ministers, heads of ministerial-level agencies or provincial-level People's Committees, which are contrary to the Constitution, laws and/or resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee, orders and/or decisions of the State President, resolutions and/or decrees of the Government or decisions and/or directives of the Prime Minister.

2. To decide to cancel, or suspend the implementation of, part or whole of documents promulgated by ministers or heads of ministerial-level agencies, which are contrary to the regulations on the branches or State management domains of other ministries or ministerial-level agencies or contrary to documents of ministers assigned by the Prime Minister to sign and promulgate documents of Government-attached agencies.

3. To decide to cancel, or suspend the implementation of, part or whole of unlawful joint documents of ministries and/or ministerial-level agencies.

4. To suspend the implementation of unlawful regulations in the State management domains of ministries, ministerial-level agencies or Government-attached agencies in joint documents of ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations, and concurrently to request ministers or heads of ministerial-level agencies to reach agreement with the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy or heads of central bodies of socio-political organizations, who have signed the joint documents, to amend or annul such documents.

Within 30 (thirty) days after receiving the requests of the Prime Minister, if the ministers or heads of ministerial-level agencies fail to reach agreement with the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy and/or heads of central bodies of socio-political organizations, who have signed the joint documents, or the Prime Minister disagrees with the handling results, the Prime Minister shall report such to the National Assembly Standing Committee for consideration and decision.

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6. To authorize ministers or heads of ministerial-level agencies to handle unlawful documents, which fall under the handling competence of the Prime Minister, when deeming it necessary.

7. To exercise other powers in handling unlawful documents as prescribed by law.

Article 15.- Competence of the Justice Minister in handling unlawful documents

1. To handle unlawful documents promulgated by other ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees, which are related to the branch or State management domain of the Justice Ministry according to its competence defined in Clause 1, Article 16 of this Decree.

2. To assist the Prime Minister in handling unlawful documents promulgated by other ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees:

a/ To propose other ministers or heads of ministerial-level agencies to suspend the implementation of, or amend, supplement or cancel, unlawful documents promulgated by such ministers or heads of ministerial-level agencies, which are related to the branches or State management domains of other ministries, ministerial-level agencies and/or Government-attached agencies;

b/ To propose other ministers or heads of ministerial-level agencies to suspend the implementation of, or amend, supplement or cancel, unlawful documents promulgated by other ministers or heads of ministerial-level agencies, which are related to many branches or many State management domains of other ministries, ministerial-level agencies and Government-attached agencies;

Within 15 (fifteen) days after the proposals prescribed at Points a and b, Clause 2 of this Article are received, if such proposals are rejected or the Justice Minister disagrees with the handling results, he/she shall report such to the Prime Minister for handling according to law provisions.

c/ To propose the Prime Minister to suspend the implementation of unlawful resolutions promulgated by provincial-level People's Councils, which are related to many branches and/or State management domains;

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3. To handle unlawful joint documents of ministries and/or ministerial-level agencies according to the provisions of Clause 1, Article 24, and unlawful joint documents of ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central agencies of socio-political organizations under the provisions of Clause 1, Article 25 of this Decree.

4. To handle unlawful documents when so authorized by the Prime Minister and report on the handling results to the Prime Minister.

Article 16.- Competence of ministers and heads of ministerial-agencies in handling unlawful documents

1. Competence of ministers and heads of ministerial-level agencies in handling unlawful documents:

a/ To propose other ministers or heads of other ministerial-level agencies, who have promulgated documents contrary to documents on the branches or State management domains of ministries, ministerial-level agencies or Government-attached agencies, to suspend the implementation of, cancel part or whole of such documents; within 15 (fifteen) days after the proposals are received, if such proposals are rejected or ministers or heads of ministerial-level agencies disagree with the handling results, they shall report such to the Prime Minister for handling according to law provisions.

b/ To propose the Prime Minister to suspend the implementation of resolutions promulgated by provincial-level People's Councils, which are contrary to documents of the National Assembly, the National Assembly Standing Committee, the State President, the Government, the Prime Minister or documents of ministers, heads of ministerial-level agencies on the branches or State management domains of ministries, ministerial-level agencies or Government-attached agencies;

c/ To suspend the implementation of, and propose the Prime Minister to cancel, decisions or directives of provincial-level People's Committees, which are contrary to documents on branches or State management domains of ministries, ministerial-level agencies or Government-attached agencies;

d/ To exercise other powers assigned by the Government or the Prime Minister in handling unlawful documents.

2. Competence of the minister-director of the Government Office in handling unlawful documents:

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b/ To handle unlawful documents promulgated by the Justice Minister:

To propose the Justice Minister to suspend the implementation of, cancel part or whole of, unlawful documents promulgated by the Justice Minister on the branch and State management domain of the Justice Ministry. Within 15 (fifteen) days after the proposals are received, if the proposals are rejected or the minister-director of the Government Office disagrees with the handling results, he/she shall report such to the Prime Minister for handling according to law provisions;

c/ To handle unlawful joint documents of the Justice Ministry and other ministries or ministerial-level agencies under the provisions of Clause 2, Article 24 and unlawful joint documents of the Justice Ministry, other ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations under the provisions of Clause 2, Article 25 of this Decree.

3. Ministers assigned by the Prime Minister to sign and promulgate documents of Government-attached agencies shall have competence to handle documents promulgated by other ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees, which are contrary to documents of Government-attached agencies, which they are assigned by the Prime Minister to sign and promulgate, under the provisions of Clause 1 of this Article.

Article 17.- Competence of provincial-level and district-level People's Committee presidents in handling unlawful documents

1. To suspend the implementation of, and cancel, unlawful documents of immediate lower-level People's Committees.

2. To suspend the implementation of unlawful resolutions of lower-level People's Committees and propose the People's Councils of the same level to cancel them.

Section 3. PROCEDURES FOR EXAMINING AND HANDLING UNLAWFUL DOCUMENTS

Article 18.- Time limit for sending documents to examining agencies

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1. Documents of ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees shall be sent to the Document Examination Department under the Justice Ministry and legal organizations of ministries, ministerial-level agencies and/or Government-attached agencies competent to examine documents according to branches or domains.

Joint documents between ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy or central bodies of socio-political organizations shall be sent by ministries or distributing agencies to the Document Examination Department under the Justice Ministry.

2. Documents of the Justice Minister, joint documents of the Justice Ministry and/or other ministries, ministerial-level agencies, the Supreme People's Court, Supreme People's Procuracy and/or central bodies of socio-political organizations shall be sent by ministries or distributing agencies to the Legal Department of the Government Office;

3. Documents of district-level People's Councils or People's Committees shall be sent to provincial/municipal Justice Services;

4. Documents of commune-level People's Councils or People's Committees shall be sent to district-level Justice Sections.

Article 19.- Procedures carried out by the Justice Minister in examining and handling unlawful documents

1. When examining and detecting signs of law violation in documents, the director of the Document Examination Department shall notify them to competent agencies or persons that have promulgated such documents for examination and handling by themselves.

2. Within 30 (thirty) days after receiving such notices, the agencies or persons competent to promulgate documents must examine and handle by themselves their documents showing signs of law violation, and notify the handling results to the director of the Document Examination Department.

The handling of resolutions of provincial-level People's Councils must be conducted at the nearest session of the People's Councils.

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Article 20.- Procedures carried out by ministers and heads of ministerial-level agencies in examining and handling unlawful documents

1. Ministers and heads of ministerial-level agencies shall examine and handling unlawful documents according to the following procedures:

a/ When examining and detecting signs of law violation in documents, heads of legal organizations of ministries or ministerial-level agencies shall report them to ministers or heads of ministerial-level agencies for notifying competent agencies or persons that have promulgated such documents thereof so that the latter examine and handle them by themselves according to law provisions;

b/ Within 30 (thirty) days after receiving the notices, the competent agencies or persons that have promulgated documents must examine and handle by themselves documents showing signs of law violation and notify the handling results to the agencies or persons competent to examine documents.

The handling of resolutions of provincial-level People's Councils must be conducted at the nearest session of the People's Councils.

c/ Where the competent agencies or persons that have promulgated documents showing signs of law violation fail to handle such documents within the time limit prescribed at Point b, Clause 1 of this Article or ministers or heads of ministerial-level agencies disagree with the handling results of agencies or persons competent to promulgate documents, ministers or heads of ministerial-level agencies competent to examine documents shall handle such documents under the provisions of Clause 1, Article 16 of this Decree.

2. The minister-director of the Government Office shall examine and handle unlawful documents promulgated by the Justice Minister and other documents when so assigned by the Government or the Prime Minister according to the procedures prescribed in Clause 1 of this Article in order to exercise his/her competence to handle documents under the provisions of Clause 2, Article 16 of this Decree.

3. The ministers assigned by the Prime Minister to sign and promulgate documents of Government-attached agencies shall handle unlawful documents according to the following procedures:

a/ When examining and detecting in documents promulgated by ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committees signs of being contrary to documents of Government-attached agencies, the heads of legal organizations of the Government-attached agencies shall report such to heads of their Government-attached agencies for notifying the competent agencies or persons that have promulgated such documents thereof for examining and handling them by themselves. Within 30 (thirty) days after receiving such notices, the competent agencies or persons that have promulgated such documents must examine and handle their documents by themselves and notify the handling results to the heads of the Government-attached agencies who have examined such documents.

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b/ Where the competent agencies or persons that have promulgated documents fail to handle their documents within the time limit prescribed at Point a, Clause 3 of this Article or the heads of the Government-attached agencies disagree with the handling results of the competent agencies or persons that have promulgated such documents, heads of Government-attached agencies shall propose the ministers assigned by the Prime Minister to sign and promulgate the documents in the branches or State management domains of the Government-attached agencies to handle unlawful documents under the provisions of Clause 1, Article 16 of this Decree.

Article 21.- Procedures for handling unlawful documents in cases proposed by ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents to the Prime Minister

1. Where ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents propose to the Prime Minister the handling of unlawful documents, the dossiers of proposal must be sent to the Justice Ministry and concurrently to the Government Office.

2. For documents which are obviously unlawful and opinions on the methods of handling them are unanimous, within 15 (fifteen) days after receiving the proposals, the minister-director of the Government Office shall submit them to the Prime Minister for handling decision; before doing so, the minister-director of the Government Office may ask the Justice Minister to give verification opinions on the lawfulness of the documents proposed for handling.

3. For documents for which opinions remain divergent on their lawfulness or there are requests for re-consideration of the handling decisions, they shall be handled under the provisions of Clause 5, Article 28 of this Decree.

Within 30 (thirty) days after receiving the proposals, the minister-director of the Government Office shall assume the prime responsibility for, and coordinate with the Justice Minister, other ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents and/or heads of concerned agencies in, handling documents according to the following procedures:

a/ The agencies or persons competent to examine and propose the handling of documents report on the unlawfulness of the examined documents, which must be handled;

b/ The Justice Minister reports on the verification of the lawfulness of the proposed documents and proposes the handling solutions;

c/ The agencies or persons with the document-promulgating competence that have their documents proposed for handling, explain on the contents related to the documents proposed;

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The procedures prescribed at Points a, b, c and d, Clause 3 of this Article may be performed through organizing meetings presided over by the minister-director of the Government Office or gathering written opinions of ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents and/or heads of the concerned agencies in handling unlawful documents.

dd/ Where ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents and/or heads of concerned agencies cannot reach agreement on the handling solutions, on the basis of the dossiers of proposal and verification reports of the Justice Minister on the lawfulness of documents proposed for handling and the proposals of ministers, heads of ministerial-level agencies, provincial-level People's Committee presidents and/or heads of the concerned agencies, the minister-director of the Government Office shall submit such to the Prime Minister for decision the handling or authorization of the Justice Minister, other ministers, or heads of ministerial-level agencies to handle the unlawful documents.

Article 22.- Procedures carried out by provincial-level or district-level People's Committees in examining and handling unlawful documents

1. When examining and detecting signs of law violation in documents, directors of provincial/municipal Justice Services or heads of district-level Justice Sections shall notify them to the agencies which have promulgated such documents for examining and handling by themselves according to law provisions.

2. Within 30 (thirty) days after receiving such notices, the document-promulgating agencies must organize self-examination and handling of their documents with signs of law violation and notify the handling results to the document-examining agencies.

The handling of resolutions of district-level or commune-level People's Councils shall be conducted at the nearest sessions of the People's Councils.

3. Where the agencies having promulgated documents with signs of law violation fail to handle them within the time limit prescribed in Clause 2 of this Article or directors of provincial/municipal Justice Services or heads of district-level Justice Sections disagree with the handling results, they shall report such to presidents of People's Committees of the same level for handling according to the provisions of Article 17 of this Decree.

Article 23.- Procedures for examining and handling documents with contents classified as State secrets

The procedures for examining and handling documents with contents classified as State secrets shall be applied in accordance with the provisions of this Decree and must comply with the legislation on protection of State secrets.

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1. Procedures carried out by the Justice Minister in examining and handling unlawful joint documents of ministries and/or ministerial-level agencies

a/ The Justice Minister examines and handles joint documents showing signs of law violation, which are promulgated by ministries and/or ministerial-level agencies according to the procedures prescribed in Article 19 of this Decree;

b/ Upon receiving notices or proposals of the Justice Minister, the agencies having signed joint documents must coordinate with one another in examining and handling such documents by themselves according to law provisions.

2. Procedures carried out by the minister-director of the Government Office in examining and handling unlawful joint documents of the Justice Ministry, other ministries and/or ministerial-level agencies:

Upon detecting that joint documents of the Justice Ministry and other ministries and/or ministerial-level agencies show signs of law violation, the minister-director of the Government Office must notify such to the Justice Minister, other ministers, and/or heads of ministerial-level agencies who have signed the joint documents for examination and handling by themselves.

Within 30 (thirty) days after receiving such notices, if the Justice Minister, other ministers, and/or heads of ministerial-level agencies fail to handle or the minister-director of the Government Office disagrees with the handling results, the minister-director of the Government Office shall propose the Justice Minister, other ministers, and/or heads of ministerial-level agencies to suspend the implementation of, or cancel, such unlawful provisions.

Within 15 days after such proposals are received, if they are rejected or the minister-director of the Government Office disagrees with the handling results, he/she shall report such to the Prime Minister for handling according to law provisions.

Article 25.- Procedures for examining and handling unlawful joint documents of ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations

1. Procedures carried out by the Justice Minister in examining and handling unlawful joint documents of ministries and/or ministerial-level agencies and the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations:

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b/ In case of detecting signs of law violation in the contents of joint documents' provisions falling into the State management domains of the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations, the Justice Minister shall notify such agencies thereof for examination and handling by themselves according to law provisions. If the notified agencies fail to handle, the Justice Minister shall report such to the Prime Minister.

2. Procedures carried out by the minister-director of the Government Office in examining and handling unlawful joint documents of the Justice Ministry and other ministries, ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations:

a/ When detecting signs of law violation in the contents of the provisions falling into the State management domains of the Justice Ministry, other ministries, ministerial-level agencies, and/or Government-attached agencies in joint documents of the Justice Ministry and other ministries, ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-economic organizations, the minister-director of the Government Office shall notify such to the Justice Minister, other ministers and/or heads of ministerial-level agencies who have signed such joint documents for examination and handling by themselves.

Within 30 (thirty) days after receiving such notices, if the Justice Minister, other ministers and/or heads of ministerial-level agencies who have signed the joint documents fail to handle them or the minister-director of the Government Office disagrees with the handling results, the minister-director of the Government Office shall propose the Justice Minister, other ministers and/or heads of ministerial-level agencies to suspend the implementation of, or cancel such unlawful provisions.

Within 15 days after the proposals are received, if they are rejected or the minister-director of the Government Office disagrees with the handling results, he/she shall report such to the Prime Minister for handling according to law provisions.

b/ In case of detecting signs of law violation in the contents of the provisions falling into the State management domains of joint documents of the Supreme People's Court, the Supreme People's Procuracy and/or central bodies of socio-political organizations, the minister-director of the Government Office shall notify these agencies thereof for examination and handling by themselves. If the notified agencies fail to handle them, the minister-director of the Government Office shall report such to the Prime Minister.

Article 26.- Competence and procedures for examining and handling documents which contain law provisions but have been promulgated not in the form of legal document and documents promulgated by agencies having no competence to promulgate legal documents when receiving requests, proposals or complaints from agencies, organizations, mass media as well as individuals

1. Unlawful documents examined and handled according to the competence and procedures prescribed in Clauses 2, 3, 4 and 5 of this Article include:

a/ Documents which contain law provisions but have been promulgated not in the form of legal document by ministers, heads of ministerial-level agencies, heads of Government-attached agencies, heads of units attached to ministries, ministerial-level agencies or Government-attached agencies, People's Councils and People's Committees at all levels, presidents of People's Committees at all levels, heads of professional agencies under provincial-level People's Committees, heads of professional agencies under district-level People's Committees;

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Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, People's Councils and presidents of People's Committees at all levels must examine, handle and cancel by themselves documents stated at Points a and b, Clause 1 of this Article upon receiving requests. proposals or complaints from agencies, organizations, mass media as well as individuals.

2. Upon receiving requests, proposals or complaints from agencies, organizations, mass media as well as individuals regarding documents prescribed at Points a and b, Clause 1 of this Article, which have been promulgated by ministers, heads of ministerial-level agencies, heads of Government-attached agencies, provincial-level People's Councils, People's Committees, People's Committee presidents, heads of units attached to ministries, ministerial-level agencies or Government-attached agencies, the Justice Minister shall handle such documents according to the procedures prescribed in Article 19 of this Decree.

3. Upon receiving requests, proposals or complaints from agencies, organizations, mass media as well as individuals regarding documents prescribed at Points a and b, Clause 1 of this Article, which have been promulgated by the Justice Minister or units attached to the Justice Ministry, the minister-director of the Government Office shall handle such documents according to the procedures prescribed in Clause 2, Article 20 of this Decree.

4. Upon receiving requests, proposals or complaints from agencies, organizations, mass media as well as individuals regarding documents prescribed at Points a and b, Clause 1 of this Article, which have been promulgated by heads of professional agencies under provincial-level People's Committees, district-level People's Councils, People's Committees or People's Committee presidents, directors of provincial/municipal Justice Services shall handle such documents according to the procedures prescribed in Article 22 of this Decree.

5. Upon receiving requests, proposals or complaints from agencies, organizations, mass media as well as individuals regarding the documents prescribed at Points a and b, Clause 1 of this Article, which have been promulgated by heads of professional agencies under district-level People's Committees, commune-level People's Councils, People's Committees or People's Committee presidents, the heads of district-level Justice Sections shall handle such documents according to the procedures prescribed in Article 22 of this Decree.

Directors of provincial-level People's Committees' Offices shall assist provincial-level People's Committee presidents and directors of district-level People's Committees' Offices shall assist district-level People's Committee presidents in performing the procedures prescribed in Clauses 4 and 5 of this Article regarding documents prescribed at Points a and b, Clause 1 of this Article which have been promulgated by directors of provincial/municipal Justice Services or heads of district-level Justice Sections.

Chapter IV

RESPONSIBILITIES AND RIGHTS OF AGENCIES AND PERSONS WHOSE DOCUMENTS ARE EXAMINED

Article 27.- Responsibilities of agencies and persons with the document-promulgating competence whose documents are examined

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1. To implement Article 10 of the Law on Promulgation of Legal Documents and Article 18 of this Decree; to supply necessary information and documents for agencies or persons competent to examine documents;

2. To explain on the documents' contents if so requested by agencies or persons competent to examine documents;

3. To organize timely self-examination to detect and handle documents showing signs of law violation according to the provisions of Clause 1, Article 10 and Point b, Clause 2, Article 11 of this Decree;

4. To notify agencies or persons competent to examine documents of the handling of unlawful documents;

5. To create conditions for agencies or persons competent to examine documents to perform their document-examining tasks;

6. To abide by decisions and requests of the Prime Minister according to the provisions of Article 14 of this Decree;

7. To execute decisions and proposals of ministers or heads of ministerial-level agencies under the provisions of Articles 15 and 16; resolutions of provincial-level People's Councils, resolutions of district-level People's Committees, decisions of provincial-level People's Committee presidents or decisions of district-level People's Committee presidents according to the provisions of Article 17 of this Decree.

Article 28.- Rights of agencies and persons with examined documents

Agencies and persons with examined documents shall have the following rights:

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2. To present their opinions related to the contents of examined documents;

3. To refuse to reply or supply information not falling within the scope of their functions, tasks and powers or information classified as State secrets banned from being supplied according to law provisions;

4. To explain and propose ministers, heads of ministerial-level agencies, provincial-level and/or district-level People's Committee presidents competent to examine and handle documents to reconsider their notices on the handling of documents showing signs of law violation, which have been promulgated by agencies or persons with examined documents (excluding documents prescribed in Clause 1, Article 26 of this Decree) within 15 (fifteen) days after receiving such notices;

5. If agencies or persons competent to examine documents still decide on the handling according to the provisions of Articles 15, 16 and 17 of this Decree, agencies or persons with examined documents may propose agencies or persons with the handling competence to reconsider their handling decisions. Within 15 (fifteen) days after receiving such proposals, if agencies or persons with the handling competence fail to reply or agencies or persons with examined documents disagree with the replies to their proposals, they may report such to the Prime Minister (if agencies or persons that have issued handling decisions are ministers, heads of ministerial-level agencies, provincial-level People's Councils or People's Committee presidents) or provincial-level People's Committee presidents (if agencies or persons that have issued handling decisions are district-level People's Councils or People's Committee presidents).

When exercising their rights defined in Clauses 4 and 5 of this Article, agencies or persons with examined documents must be able to prove that they have promulgated their documents in accordance with law and bear responsibility before their superior authorities and law for the truthfulness and accuracy of their reports or proposals.

Chapter V

COMMENDATION, HANDLING OF LAW VIOLATIONS; COMPLAINTS AND DENUNCIATIONS AND SETTLEMENT THEREOF IN THE WORK OF EXAMINING AND HANDLING DOCUMENTS

Article 29.- Commendation in the work of examining and handling documents

1. Agencies, officials, public employees and collaborators that have recorded achievements, fulfilled their assigned tasks in examining and handling documents shall be commended and/or rewarded according to law provisions.

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3. Agencies, organizations and individuals that detect signs of law violation in documents and propose competent agencies or persons to handle them shall, if recording achievements, be commended and/or rewarded according to law provisions.

Article 30.- Acts of law violation in the work of examining and handling documents

1. Violation acts committed by agencies or persons competent to examine documents:

a/ Failing to organize the examination and handling of documents falling under their examining and handling competence;

b/ Failing to examine or handle documents when so requested by superior State agencies or requested or proposed by agencies, organizations, individuals or mass media;

c/ Failing to handle or to report to agencies or persons with the handling competence upon detecting documents with signs of law violation;

d/ Issuing handling decisions illegally, putting forward illegal requests or proposals to agencies or persons with examined documents;

dd/ Examining and/or handling documents not falling under their examining and handling competence;

ef/ Failing to transfer documents not falling under their examining and handling competence to agencies or persons competent to examine and handle documents;

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Depending on the nature and seriousness of their acts of violating law provisions on examination of documents, agencies or persons competent to examine documents shall be handled according to law provisions.

2. Violation acts committed by agencies and persons with examined documents:

a/ Failing to implement the provisions of Clause 1, Article 27 of this Decree;

b/ Failing to organize self-examination in order to detect and handle unlawful documents promulgated by themselves;

c/ Failing to organize self-examination and handling when receiving requests or proposals of agencies or persons with the examining competence or of agencies, organizations, mass media and individuals;

d/ Committing acts of obstructing or causing difficulties to agencies or persons with the examining competence in the process of examining documents;

dd/ Making untruthful reports when exercising their rights defined in Clauses 4 and 5, Article 28 of this Decree;

e/ Other acts of law violation in the process of implementing the provisions of this Decree and other relevant documents while performing the work of examining and handling documents.

Depending on the nature and seriousness of their acts of violating law provisions on examination of documents, agencies or persons with examined documents shall be handled according to law provisions.

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1. Agencies, organizations and individuals may lodge complaints about administrative decisions or acts of agencies or persons competent to examine documents and of agencies or persons with examined documents in the work of examining and handling documents according to the legislation on complaints and denunciations when they have grounds to believe that such decisions or acts are illegal, infringing upon their legitimate rights and interests.

2. Individuals may lodge denunciations against administrative acts of agencies or persons competent to examine documents and of agencies or persons with examined documents in the work of examining and handling documents according to the legislation on complaints and denunciations when they have grounds to believe that such decisions or acts are illegal, infringing upon their legitimate rights and interests.

3. The competence and procedures for settling complaints and denunciations in the work of examining and handling documents shall comply with the law provisions on settlement of complaints and denunciations.

Chapter VI

STATE MANAGEMENT OVER THE DOCUMENT-EXAMINING WORK

Article 32.- Tasks and powers of ministries, ministerial-level agencies, Government-attached agencies in performing the State management over the document-examining work

1. The Justice Ministry shall assist the Government in performing the uniform State management over the document-examining work nationwide, having the following tasks and powers:

a/ To draft and submit to competent agencies for promulgation or promulgate according to its competence documents on document examination;

b/ To draw up plans on examining documents which fall under its examining competence and assume the prime responsibility for, and coordinate with the Government Office, other concerned ministries, branches and agencies in, organizing the implementation thereof;

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d/ To organize professional training in document examination for the contingent of officials and public employees engaged in examining documents; to organize and manage the contingent of document-examining collaborators;

dd/ To organize the information network, build up and manage databases in service of the document examination;

e/ To organize preliminary and sum-up reviews and competitions in different branches, domains and localities and nationwide on the document-examining work; biannually and annually to report on this work to the Government and the Prime Minister;

g/ To commend, reward, discipline and propose competent authorities to commend, reward or discipline officials, public employees and collaborators under its management in the document-examining work; to commend and/or reward agencies, organizations and individuals that have detected and proposed the Justice Minister to examine and handle documents with signs of law violations;

h/ To undertake international cooperation in the domain of document examination;

i/ To settle complaints and denunciations related to document examination according to its competence.

2. Ministries, ministerial-level agencies, Government-attached agencies shall have the following tasks and powers in performing the State management over the document-examining work:

a/ To draft and submit to competent agencies for promulgation or promulgate according to their respective competence documents on document examination to be applicable in their respective ministries or branches;

b/ To draw up, and organize the implementation of, plans on examining documents falling under the examining competence of ministers, heads of ministerial-level agencies or heads of Government-attached agencies;

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d/ To direct their legal organizations to exchange their document examination experiences with the Document Examination Department under the Justice Ministry, legal organizations of other ministries, ministerial-level agencies and Government-attached agencies; to organize scientific research in the document examination;

dd/ To organize professional training in document examination for the contingent of officials and public employees engaged in examining documents; to organize and manage the contingent of document-examining collaborators under their respective management;

e/ To organize the information network, build up and manage databases in service of examining documents within ministries, ministerial-level agencies and Government-attached agencies;

g/ To organize preliminary and sum-up reviews and competitions in their respective branches and domains on the document-examining work; biannually and annually to report on this work to the Prime Minister and the Justice Ministry;

h/ To commend, reward, discipline and propose competent authorities to commend, reward or discipline officials, public employees and collaborators under their respective management in the document-examining work; to commend and/or reward agencies, organizations and individuals that have detected and proposed ministers, heads of ministerial-level agencies or heads of Government-attached agencies to examine and handle documents with signs of law violations;

i/ To settle complaints and denunciations related to document examination according to their respective competence.

Article 33.- Tasks and powers of provincial-level and district-level People's Committees in performing the State management over the document-examining work

1. In performing the State management over document examination, provincial-level and district-level People's Committees shall have the following tasks and powers:

a/ To work out, and organize the implementation of, plans on examining documents in localities;

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c/ To organize preliminary and sum-up reviews and competitions in their respective localities on the document-examining work; biannually and annually to report on this work to the Prime Minister and the Justice Ministry (for the provincial level) or to the provincial-level People's Committees (for the district level);

d/ To coordinate with, and create conditions for, document-examining agencies to examine documents according to their respective competence;

dd/ To organize professional training in document examination for the contingent of officials and public employees engaged in examining documents; to organize and manage the contingent of document-examining collaborators;

e/ To organize the information network, build up and manage databases in service of the document-examining work;

g/ To commend, reward, discipline and propose competent authorities to commend, reward or discipline officials, public employees and collaborators in their respective localities in the document-examining work; to commend and/or reward agencies, organizations and individuals that have detected and proposed provincial-level People's Councils and People's Committees or district-level People's Councils and People's Committees to examine and handle documents with signs of law violations;

h/ To settle complaints and denunciations related to document examination according to their respective competence.

2. Provincial/municipal Justice Services and district-level Justice Sections shall assist People's Committees of the same level in performing the State management over the document-examining work prescribed in this Article.

Chapter VII

IMPLEMENTATION PROVISIONS

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1. The funding to ensure the document-examining work shall be allocated from the State budget, included in the funding for regular activities of document-examining agencies and spent on the following contents: organizing and coordinating examining activities; organizing the contingent of collaborators; organizing the collection of information, materials, building up databases in service of the document-examining work; supporting the study and consideration of documents, and other activities related to the document-examining work according to law provisions.

The Justice Minister shall reach agreement with the Finance Minister on guiding the execution of the funding prescribed in this Article.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and People's Committee presidents shall have to arrange organizations, full-time personnel and funding to ensure the effective performance of document-examining tasks.

Article 35.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. All earlier provisions contrary to this Decree are hereby annulled.

Article 36.- Implementation responsibilities

1. The Government Office shall assist the Government in inspecting the implementation of this Decree.

2. Biannually and annually, the Justice Minister shall sum up and report to the Government and the Prime Minister on the examination and handling of documents of ministries, ministerial-level agencies, Government-attached agencies and provincial/municipal People's Councils and People's Committees.

3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairmen of People's Councils and presidents of People's Committees at all levels, heads of concerned agencies and units shall have to implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai