Circular 79/2015/tt-Btc: Regulations On Examination And Processing Of Legal Documents In The Field Of Finance

Original Language Title: Thông tư 79/2015/TT-BTC: Quy định về kiểm tra và xử lý văn bản quy phạm pháp luật trong lĩnh vực tài chính

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The CIRCULAR regulates the examination and processing of legal documents in the field of finance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of FINANCE pursuant to the law enacting the legal text on 03 June 2008 and documents guiding the implementation;
Pursuant to Decree No. 40/2010/ND-CP dated 12 April 2010 the Government checks, handle the legal text and circular No. 18/2009/TT-BTP on November 30, 2010 by the Minister of Justice detailing the implementation of a number of articles of Decree No. 40/2010/ND-CP;
Pursuant to Decree No. 99/2006/ND-CP dated 15 September 2006 by the Government on the work of examining the implementation of policies, strategies, planning, plan;
Pursuant to Decree No. 55/2010/ND-CP on January 4, 2011 by government regulations, duties, functions and powers of the legal organization;
Pursuant to Decree No. 08/2012/NĐ-CP on Feb. 16 in 2012 of the Government issued regulation on the work of the Government;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
At the suggestion of the Director of the legislation, the Minister of Finance issued a circular regulating the examination and processing of legal documents in the field of finance.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular stipulates inspection and processing of legal documents in the field of finance, including the work of checking the implementation of the text prescribed by Decree No. 99/2006/ND-CP dated 15/9/2006 by the Government on the work of examining the implementation of the policy , strategy, planning, planning.
2. The examination of the text are not legal documents specified in clause 2 2 circular No 20/2010/TT-BTP on November 30, 2010 by the Minister of Justice detailing the implementation of a number of articles of Decree No. 40/2010/ND-CP dated 12/4/2010 the Government examine and handle the legal text is done in accordance with Information This investment.
3. The examination and processing of legal documents with content in State secrets in the financial sector made under the provisions of the law on the protection of State secrets.
Article 2. Application object 1. The administrative organization of the Finance Minister to help implement state management functionality.
2. legal organizations in the General Department (and equivalent), who do the work of legislation in the Bureau, under the Ministry of Finance Services.
3. organizations and individuals involved in the inspection and handling of legal documents in the field of finance.
Article 3. The text in the test object and the handle 1. Legal texts by the Minister of Finance issued in the form of circular and circular with Ministers, heads of ministerial agencies or with the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate.
2. Text by the Ministry of Finance issued or contact President issued containing legal but not be issued in the form of legal text; text can form, the content as legal text or text that explains the policy content, mode, handling of problems related to the policy, or professional guidance due to the heads of the units of the Ministry of Finance issued.
3. the legal texts by the Ministers, heads of ministerial agencies, the people's Council, the provincial people's Committee issued a decree concerning the financial sector.
Article 4. Contributors examine the text 1. Contributors examine the text on finance was the choice among financial professionals have experience in the construction field and check financial documents, headed the Agency checked the text signed a partnership, operating under the mechanism of the stock or contract term , subject to the management, guidance and perform the work as required by the Agency to check the text.
2. Ministry of finance Legal Service, legal organization in the Bureau (and equivalent), people working in the Legal Department, Service Department of the General staff and the proposed Ministers, heads of unit selection signed a partnership, operating under the regulations or the contract has a time limit, submit , professional guide and perform the work as required by the Agency to check the text.
3. standard of collaborators examine text: a), understanding the law, knowledge of one or various financial sector;
b) Has experience in construction and check writing;
c) experienced in field work was delivered from 3 years upwards.
Article 5. The database to check the legal text 1. The test database is the system of legal text had been reviewing to establish the legal basis defining unlawful content of text are checked; the test results and text processing; the information on the check services and the information, documents and other data serves for check writing.
Sorting, sorting a database must be done step by step and scientific information according to the possibilities and conditions of funding allows for convenience of administration, lookup, use.
2. Ministry of finance Legal Service, legal organization in the Bureau (and equivalent), people working in the Legal Department, Service Department of the General staff for Ministers, heads of unit to establish databases serve to check the text of the Finance Ministry and of the unit.
3. The use of the database must be interconnected, sharing between the units of the Ministry and regularly updated on the information page of the Ministry of Finance (Department of Informatics and statistics in collaboration with the Financial Services France management) to serve the common text check of the Ministry of finance.
Chapter II SPECIFIC RULES ABOUT CHECKING and TEXT PROCESSING section 1. CHECK and TEXT PROCESSING DUE to the MINISTRY of FINANCE ISSUED article 6. Responsible for checking and processing 1. Heads of agencies are responsible for: a) the organization check against the text drafted by the host unit;
b) when writing signs wrong committed in collaboration with legal Services and the related unit (if the text by the Legal Affairs Ministry chaired the drafting in cooperation with the unit) to the proposal and the draft text content modification, Supplement, replace text with signs against the law (if necessary);
c) delivery of legal institutions in the General Department (and equivalent), people working in the Legal Department of the Ministry, the finance help the heads of units performing missions of this circular and reports The results of the unit according to the regulations.
2. the Director of the Legal Affairs Ministry is responsible for: a) join processing, and tracking the results of self-examination and text processing have left the law content of the unit in The editor presiding;
b) process of text processors have illegal signs at the suggestion of the host in The editor.
Article 7. The test sequence and text processing 1. For the text of the provisions of paragraph 1 of article 3 of this circular: a) soon after The leaders signed the issued text, unit heads chaired the drafting done self test, if the text contains illegal content, they must stop the release. Within 7 working days from the date of discovery of the text contents are against the law, heads of unit are assigned host text editor is responsible for submitting The replacement text;
b) where after the release, the Post Gazette, send the text for new individuals, institutions found to have illegal signs, text processing is done as follows: step 1: prepare the written examination consists of the following documents:-a written test Votes under model number 03 attached herewith;
-The text to be checked;
-Text legal basis to identify illegal content;
-Other materials related to the processing of the text.
Step 2: send a text's contents against the law take the opinion of the Legal Service and the units of the Ministry concerned. During 3 working days the units responsible for taking comments on the contents in the scope of management of the unit.
Case of legal texts by the joint Ministry of Finance issued, after obtaining the opinion of the units of the Ministry, to the Ministries to submit records of text content is unlawful to contact President bodies (with the Ministry of Finance) to get the comments and issued the proposed text handling the illegal content of the text is checked.
Step 3: Process (through Service legislation) the aggregate results of the opinion, the proposed text processing. The process document includes: sheets of the Ministry; Vote check writing; the text is examined and the text for the legal basis to check; comments of participants inside and outside the Department (if any).
2. For the text of the provisions in Paragraph 2 of article 3 of this circular a) unit heads chaired drafting organization check, if detected violations then follow specified in point b of Paragraph 1 of this article. Private content text explaining policy, mode, handle bottlenecks related to policies, or guidance mode, the unit sends Service legislation to perform the test within 3 working days from the date the text was issued, at the same time, General report by model No. 2 attached to this circular. Service legislation The check, if the breach notification to the responsible unit test within 3 working days following the sequence indicated in point b of paragraph 1 of this Article.
For the text of The legislation by the presiding Editor, perform the test yourself, get the opinion of the units concerned and the process of The process.
b) test case text detection illegal signs, the Unit conducted the test prescribed in paragraph 1 of this article, make the Exchange with the legislation and the relevant unit processes The process according to the forms prescribed in article 26 of Decree 30/2010/ND-CP after the test and process The , why send Service legislation Sets 01 to track, aggregate.
Article 8. The test sequence and text processing according to the notice of the competent State agencies to check text

1. Upon receipt of the notice of the competent authority to check the text of the text due to the Ministry of Finance issued signs contrary to law, The Legal Service coordinated with the related Department of the unit check the text according to the steps outlined in article 7 paragraph 1 point b to this circular.
2. The time limit for the examination and processing of documents is 20 days from the day the Finance Ministry received notice about text signs against the law of the State bodies are competent to check the text.
3. Results of self-examination and text processing is sent to the competent authorities examine the text according to the provisions of Decree No. 40/2010/ND-CP of items 2. CHECK for and HANDLE LEGAL TEXTS by the ministries, local ADMINISTRATIVE COMMITTEE FINANCIAL-RELATED article 9. Responsible for checking and processing 1. The units of the Ministry when receiving text responsibly: a) check made for the legal text in the scope of the State management sector of the unit. Legal organizations in the General Department (and equivalent), people working in the Legal Department of the Ministry, the finance help the heads of units made the order referred to in point b of this Clause and aggregate the results report The unit heads according to the regulations;
b) the case for text detection of signs of violations, perform the test according to the provisions of article 7 paragraph 1 point b to this circular and in coordination with the Ministry of Legal Affairs to propose the text processing with content contrary to law, and the draft text of the notice the agency sent test results who has the authority to enact the text test. The content writer: text name is checked; content of the request, the Agency issued text with unlawful content self test and process the text in accordance with the law;
On the basis that the notice of dispatch browser test results and follow-up, handling. The case Agency issued text signs against the law disagree with the result handle or do not report test results, text processing to the Ministry of finance in accordance with the current law, the written test units coordinated with the Ministry of Legal Affairs process for this text under the provisions of Decree No. 40/2010/ND-CP DATED. 2. Legal services the Department is responsible for: a) check for the legal text is delivered under the authority of the Minister of Finance according to the order specified in this circular;
b) in coordination with the unit when receiving text proposed text processing have illegal signs;
c) synthesis, report The results as specified in paragraph 3 article 16 of this circular;
d) based test results, recommendations of the unit, chaired the Ministry to check the text directly under the provisions of article 10 of this circular.
Article 10. Check text directly in local ministries, where issued text 1. Checking the legal text directly in local ministries, where issued writing was done in the case of several legal texts promulgated vires, content with signs contrary to the provisions of the legal texts in the field of finance.
2. Service The legislation pursuant to the provisions in Clause 1 of this article and the suggestions of the units of the Ministry, planning to check directly the ministries, the local Ministry for approval. On that basis, coordinated with the related Department of the unit construction plan and implementation checking.
3. The test results must be aggregated, inform local ministries, issued text.
Category 3. CHECK to MAKE the LEGAL TEXT and a POLICY, strategy, planning, plan in the MANAGEMENT SCOPE of article 11. Define text subject to inspection 1. The text in the test subjects including legal texts by the Ministry of Finance issued, contact President issued or issued by the authorized program and policy, strategy, planning, planned in the scope of management of the Ministry of finance into the category text check done.
2. The policy, strategy, planning, plan to check out include: the policy, strategy, planning, planning has been institutionalised in the legal texts by the Ministry of Finance issued, contact President issued or the authority issued; and individual text, text direction, of the Prime Minister, the Minister of finance.
3. Before 1 December each year, the head of the unit responsible for the proposal (via Service legislation) the text in the range, the unit's management should check made in the following years including the content: a) the legal text made from 1 year upwards or have problems that need research to modify perfect supplement;
b) content In the focus of the unit in the annual work programme of the Department.
4. Based on the recommendation of the Legal Services Unit, The General, proposed, adding more text to be checked (if necessary) into the category text to check the implementation of The review, decision and implementation organization.
Article 12. Test principle the text in the category text test 1. Closely match the test made by writing the check text with tracking, reviews the implementation of the law and inspect only after specific checking methods have been approved by the Ministry.
2. The examination must guarantee democracy, public, lawful, not troubling and not to impede the normal functioning of the test object.
3. To end the test must have a clear conclusion, if found to have violations must propose measures to handle.
Article 13. Test plan execution 1. Base text list check performed by the Ministry for approval, the unit was tasked with chairing check done writing is responsible, in coordination with the unit concerned and the legal service of the Ministry of construction, the Ministry plans to check specific.
2. test methodology consists of the following basic content: test range; the purpose of the check; the content, the form check; the area, test subjects and responsible organizations make check.
Article 14. Check forms depending on the particular case, based on the content of the test and the actual situation, can choose or combine the two following forms: 1. examination passed the self test report test subjects: the unit test host has the required dispatch and guide the unit performs a self check and report the results to the Ministry of Finance ( through the unit test host).
2. check the Union directly: on the basis of the report of the unit test, the test object selection and inspection organisations directly under each sector, each specific localities. Host unit responsible to notify the test subjects before making direct checks at least 7 working days.
Article 15. Report test results 1. When the test finishes, the unit hosted the test report The test results, and send Service legislation to track, aggregate.
2. Test report includes the following principal contents: the situation, the results of the text; the difficulties and obstacles in the implementation of the text; proposed the amendments, additional text (if available); Petitions handled the breach was discovered during the inspection.
3. The draft report the inspection results must be submitted opinions of the units involved and check the relevant units before submitting.
4. The unit test host is responsible for coordinating with the relevant unit implementation guidance of the Ministry in a report test results.
Chapter III IMPLEMENTATION article 16. Modes of inspection reports, handle legal writing 1. Report on the inspection, handling the legal text of the units of the Ministry sent about (through legal Services) as follows: a), report submitted on 23 monthly;
b) reported 6 months sent on 15 may at the latest;
c) reported in the slowest sent on Oct. 15.
2. The unit is tasked to examine the legal text is responsible for organizing the examination, done strictly periodic report mode as specified in paragraph 1 of this article and unscheduled reports about test results when required (according to the attached reporting form).
3. The Legal Services is responsible for tracking, urge and General report of the test results in writing responsible check of the unit under the Ministry.
Article 17. Resources, ensuring conditions for inspection and processing legal documents 1. Funding guarantees for checking and processing legal documents follow the provisions of circular No. 122/2011/TTLT-BTC-BTP 17/8/2010 of the Ministry of finance, the Ministry of Justice guidance estimating, management, use and settlement expense budget guarantee for the inspect , processing, reviewing, codified the legal text; Circular No. 01/2007/TT-BTC dated 26/01/2007 of the Ministry of finance guide to estimating, management, use of funding guarantee for the inspect the implementation of policies, strategies, planning, planning.
2. The legal organization of the Ministry of Finance (including The Legal Service, the legal organization in General and equivalent) who do the work of legislation in the Finance Bureau of the Ministry, has the responsibility to coordinate with the Finance Department estimating unit and make payment funds checking and text processing according to current legislation.
3. Service personnel, heads of units of the Ministry is responsible for arranging, coordinating and staffing arrangement with The Legal Service training, fostering, professional enhancement for public servants to do the work of inspection, handling the legal text.
Article 18. Effect 1. This circular has effect from July 15, 2015. Annuls decision No 3922/QD-BTC on December 25, 2007 by the Minister of Finance issued regulations to check and handle documents of the Ministry of finance.

2. The content of the test, text processing is not prescribed in this circular are made according to the provisions of Decree No. 40/2010/ND-CP dated 12/4/2010 the Government checks, handle legal text, circular No. 18/2009/TT-BTP on November 30, 2010 by the Minister of Justice detailing the implementation of a number of articles of Decree No. 40/2010/ND-CP and the legal texts concerned.
3. in case of legal texts are references to apply this circular was modified, supplemented or replaced by a new text will follow the text.
4. in the implementation process, if there are problems, the agencies, organizations, personal reflections in time about the Finance Ministry for additional research, modified./.