Pursuant to Decree No. 60/2008/ND-CP dated 9/5/2008 of the Government functions, tasks, powers and organizational structure of the Commission;

Pursuant to Decree No. 40/2010/ND-CP dated 12 April 2010 the Government examine and handle the legal text;

Pursuant to circular No. 20/2009/TT-BTP on 30/11/2010 of the Ministry of Justice detailing the implementation of a number of articles of Decree No. 40/2010/ND-CP dated 12 April 2010 the Government examine and handle the legal text;

Ethnic Committee guidelines, testing procedures and the handling of legal documents on ethnic work as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular guidelines, testing procedures and the handling of legal documents on ethnic work.

2. This circular applies to the Service, subdivisions, ethnic Commission, agencies, units and individuals related to the implementation of the tasks of managing the State on ethnic work.

Article 2. The text in the test object, text processing is checked and handled as prescribed in this circular includes: 1. The circular of the Minister, the Chairman of the peoples Committee (hereinafter referred to as the Secretary, the Chairman); Circular between Ministers, the Chairman with Ministers, heads of ministerial agencies; Circular of the heads of ministries, ministerial agencies issued related to ethnic work.

2. Resolutions of the Board of the central cities (hereafter referred to as the provincial level); Decisions, directives of the provincial people's Committee regarding the ethnic work.

3. The text contains legal but are not issued by the legal text; the text contains legal or can form, the content as text by legal authorities, who do not have the authority of the Commission or of ethnic ministries, the people's Council, the provincial people's Committee issued related to ethnic work upon receipt of request recommendations of agencies, organizations, individuals, information agency, or by servants, officers discovered during the test also examined, processed according to the provisions of this circular, including: a) text contains legal by the Minister, Chairman, Secretary Ministerial heads, issued or contact President issued but were not issued by the circular form, circular; The text contains legal of the provincial people's Council issued but not be issued in the form of the resolution; The text contains legal of the provincial people's Committee issued but not be issued in the form of directives, decisions of the people's Committee;

b) documents can form, the content as legal text (for example: circular, resolutions, decisions, directives), the text may not be the legal text but contains legal (for example: dispatch, statement, notice, regulation, regulation, program, plan and other administrative documents) by the Agency individuals do not have the jurisdiction to enact legal text enacted: heads of Service, units of the ethnic Committee, heads of units in ministries, ministerial agencies, issued or by the President of the people's Council, the people's Council, the organ of the provincial people's Council , Chairman of the provincial people's Committee, the heads of the specialized agencies in the provincial people's Committee issued (including text can form, the content as above is redundant commands).

Article 3. The purpose of the written test the written test be conducted in order to detect the contents against the law, to promptly suspend the enforcement, cancel, annul, ensuring the constitutionality, legality, consistency and synchronization of the text with the current legal system, at the same time the Agency recommendations , competent person determine the responsibilities of the Agency, who issued illegal text, to improve the quality, efficiency and building the legal system.

Article 4. Content check text content text test is the review, evaluation and conclusion on constitutionality, legality of text are checked according to the following: 1. The basis of issued documents for the base text and the legal base as a basis for enacting legal documents are the legal text effect the higher legal force are currently in force or already enacted, through which is not yet in force at the time of enactment but the effect before or at the same time with writing were issued, including: a) the legal text of the Superior State bodies are competent to rule on the function the Agency's mission, issued the text;

b) legal documents of the Superior State bodies are competent to rule on the matter in the object scope of the text.

2. The Authority issued the text of the legal text enacting the right authority includes the authority form and authority on the content: a) Authority on form: Agency, authorized person issuing mere text issued according to text form (the name) the legal text has been specified for the Agency , competent person;

b) Authority on the content: body, authorized to be issued only the text contents are consistent with his authority be permitted by law or has been assigned, the hierarchy. This jurisdiction is defined in the text of the Superior State bodies are competent to rule on the assignment, hierarchy, functions, duties and powers of specific state management of each agency, each level, each for each sector.

3. The text content of the text consistent with the provisions of the current legislation, namely: a) the circulars and circular of the Minister, Chairman, Ministers, heads of ministerial agencies issued or contact President issued must conform with the Constitution, laws, resolutions of the National Assembly Ordinances, resolutions, resolution of the President of the Commission of the National Assembly, the orders, the decision of the President of the country, Decree, resolution of the President of the Government, the Prime Minister's decision and the Minister's circular, ministerial-level heads of the field by the Minister, the Ministerial agency heads that manage;

b) resolutions of the provincial people's Council; Decisions, directives of the provincial people's Committee to be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions, resolution of the President of the Commission of the National Assembly, the orders, the decision of the President of the country, Decree, resolution of the President of the Government, the Prime Minister's decisions and circulars , Circular of the Ministers, the Chairman.

4. The text was issued to correct presentation Protocol, technical provisions of current law.

5. The text was issued must be in full compliance with the provisions of the order and procedure of construction, issued under the provisions of the law. Detection test cases writing has content that is unlawful, the ethnic Committee must consider the sequence of construction procedures, and issuing documents to serve as a basis for the processing of text and consider, handle the responsibility, the Agency issued unlawful text that , as well as bodies, who are responsible for drafting, staff appraisal, through the text contents are contrary to law and petitions processed under the authority.

Article 5. The legal basis for determining the content of the text is unlawful check text for legal basis in order to determine the content of the text is unlawful checks must ensure the following conditions: 1. The text must have higher legal force the text to be examined by the Agency who has the authority to enact.

In case the text is the legal basis for determining the content of the text is unlawful test has different regulations about the same issue, the applicable text of higher legal force.

In case the text is to examine the legal basis are due to an agency issued about the same problem but have different rules, shall apply the provisions of the text to be issued after the; for the circular by the Minister, Chairman of the National Committee of Ministers, heads of ministerial agencies issued that have different rules about the same issues, in relation to the ethnic work, then apply circular of the Minister, the Chairman of the Committee.

2. Text effect or already issued, through but not yet in force at the time of check out.

Check point text is the time Agency, authorized person sign the issued, through the text are examined and arise the authority, responsible for examining the Commission's text.

a) text is in effect at the time of the test: the time of validity of the legal text is determined by the provisions of article 78 of the law enacting the legal text and article 51 of the law enacting the legal texts of the Council The people's Committee. At the same time, the text for the legal basis, to determine the contents of the text to be unlawful must test and yet effective period is specified in the text; not yet replaced by new documents of the main water agency has issued it; not yet been cancelled, repealed by competent State bodies.

The text has been discontinued, effective enforcement under the provisions of article 80 of the law enacting the legal text and article 52 of the law enacting the legal texts of the Council of the people, the people's committees shall not be used as a legal basis to check texts from the time of discontinuation effect for time to continue in effect contest under the decision of the competent State agencies;

b) text was signed, issued, through not yet in effect at the time of the test but should take effect before or at the same time the effect of the text are examined, including: text that is put into making a legal base to enact text be examined; The text related to the determination of unlawful content of text are checked.

Article 6. Authorized unlawful processing of the Secretary, the Chairman of the


1. Annul, modify, supplement or enact other legal text alternatives to his text issued unlawful.

2. Recommendations to the Minister, the heads of ministerial bodies or the Prime Minister to suspend the enforcement of, cancel, annul part or the entire text is unlawful because Ministers, heads of ministerial agencies issued related to ethnic work.

3. Petition the Prime Minister to suspend the enforcement of the resolution of the provincial people's Council issued contrary to the text in the field of ethnic affairs.

4. Suspension of the enforcement and suggested the Prime Minister cancel, annul part or the entire decision, the directive of the provincial people's Committee as opposed to the text in the field of ethnic affairs.

5. Perform other authorities when the Government or the Prime Minister delivered in text processing is unlawful.

6. Director of Legal Affairs shall assist the Secretary, the Chairman of the implementation of the provisions of paragraph 1, 2, 3, 4, 5.

Article 7. Announcing the result of handling illegal text 1. The Minister, after processing the text content is unlawful according to the rules (including the case of the text to be processed in the form of revised) responsible to publicly decide the unlawful processing, reporting on mass media, posted on the Gazette , posted on the website of the Agency issuing the text or listed as defined in article 8 of Decree No. 40/2010/ND-CP dated 12/4/2010 of the Government on screening and processing legal documents (hereinafter referred to as the Decree No. 40/2010/ND-CP) and regulated by the Government on the report.

2. The text processing results left the law specified in paragraph 1 of this article also apply to the text processing results contrary to law of the ethnic Committee of self-examination by the text itself. For the text of the provisions of paragraph 3 of article 2 of this circular, the processing results must be submitted to the Agency, organization or individual that earlier text was submitted; If that text was posted on the Gazette, reported on the mass media, posted on the website of the Agency issued or is listed, then the processing results must also be publicly posted, put the news on the news media.

Chapter II EXAMINATION, PROCESSING the TEXT article 8. Responsibility to check the text 1. Heads of Service, units of the ethnic Committee is responsible for the examination of the text due to Service, his unit issued or presiding Editor.

2. Director of Legal Affairs shall assist the Secretary, the Chairman of perform the self test of the text by the Secretary, the Chairman issued or contact President issued and other texts of the Commission.

Article 9. Send text and coordination to self test, the handle 1. For the circular of the Minister, the Chairman of the Executive Committee was signed, when released, the Agency chaired the editor is responsible for simultaneously sending 1 text for Service legislation to perform the self test. When text is contrary to law or no longer appropriate, Legal Service is responsible for immediately notify unit chaired the drafting of texts, at the same time coordinate Exchange to unify the unlawful content or no longer appropriate, consistent measures to handle and prepare draft text , report to the Minister, to timely handle according to the authority.

2. for circular, the legislation is responsible for self check the contents in the field of ethnic work, and coordinating with the Service, units of the ethnic Committee, the Agency signed the joint text to check the entire text content. Text detection case contrary to law or no longer appropriate, then the Exchange, discussion and recommendations handle must also have coordination between the agencies signed the joint text.

Article 10. The sequence, self test procedure 1. As for the Service, the units of the Commission: a) the heads of the Service Unit, assigned to the Group of experts, in which the responsible professional conduct the test;

b) responsible officer Group perform the self test is responsible for research, check the entire text as specified in article 4 of this circular for review, evaluation and conclusion on the legality of the text to be checked;

c) responsible officer on behalf of the group test summary report in writing to the head of Service, the unit test of test results;

d) heads of Service, unit test review, signed the text, move the entire results of self-examination to legal Services for review, the Secretary General, the Chairman.

2. for Service legislation: a) Service legislation made in the self test the Commission's text. When receiving the written test results of the Service, the unit, the Director of the legislation Division expert group responsible for implementation. Depending on the requirements of the text is checked, Director of Legal Affairs decides whether to invite collaborators participated in the examination of the text;

b), professional Group of collaborators was assigned responsibility for research, check out the entire text, collated text content are tested, reviewed, evaluated and conclusions about the legality of the text to be checked;

c) for writing that President join peoples Committee issued, range check the focus on content in the fields of ethnic work, and coordination with the legal organization or Service, other units of ministries, ministerial-level agencies have signed a joint document to check the entire text content;

d) responsible officer on behalf of the group test summary report to the Director of the legislation about the implementation process check, the contents were examined and the concluding comments of the Group of text are checked. The report must also indicate those comments yet (if any) and the opinion of the expert in charge of the matter.

DD) in the case of uniform inspection team concluded the text contents are contrary to law, the responsible expert "test Votes" text according to the model No. 1 attached to this circular and "records of documents with content that is unlawful," the Director of the legislation.

e) Director of Legal Affairs review, sign the slip text check of the test group. In case of need could have held discussions in the unit, or with other relevant units before signing.

Article 11. Unlawful processing through the self check 1. For the text that is unlawful, the Director of the legislation establishing the profile check text and immediately report to the Minister, Chairman for review, make the handling as defined in article 6 of this circular.

2. Report the results manually checked for unlawful documents of Legal Services include the following: a) review, assess content, illegal levels of text and to propose measures to handle, remedial due cause text (if any), the time limit for processing that text;

b) determine the cause, the liability of public officials, the officer advised the editor, text evaluation.

Article 12. Consider, handle the responsibility for people, the Agency released the text of the law left the review, handling responsibility for people, the Agency issued the illegal texts are made according to the provisions of article 34 of Decree 30/2010/ND-CP.

Chapter III WORD PROCESSING, CHECK UNDER the JURISDICTION of article 13. Authority check writing Director of Legal Affairs shall assist the Secretary, the Chairman of perform the check according to the authority with respect to the legal texts relevant to ethnic work by Ministers, heads of ministerial agencies, the people's Council, the provincial people's Committee.

Article 14. Send text to the Agency, the competent person check 1. For circular, the circular of the Ministers, heads of ministerial agencies; The resolution of the provincial people's Council; Decisions, directives of the provincial people's Committee regarding the ethnic work, within a period of 3 (three) working days since the signing of the documents issued or through agencies, authority issued documents, agency presiding Editor to send text to the Committee.

The Agency, the authority issued the text of the provisions of this clause clearly in the "recipients" of the text, the name of the peoples Committee.

After receiving the text, the ethnic Committee Office is responsible for why a send Service legislation to implement the inspection according to the authority.

2. For the text of the provisions in paragraph 3 article 2 to this circular, the Agency receives the request, the Agency's recommendations, organizations, individuals, our bodies must send to the Commission (via the Service legislation) to check and handle according to the regulations.

Article 15. Testing procedures, unlawful processing 1. Director of the Legal Affairs Minister, report in writing on the text test results have left signs the legislation, expected handling measures; the Minister signed the written notice to the Agency, who issued a written test, the handle specified by the law.

2. where the Agency, who has texts issued unlawful sign is not processed in accordance with the prescribed time limit or the result of that processing does not match the Service legislation reports and recommendations to the Minister, the Chairman of the text processing as defined in article 6 of this circular.

Article 16. The process for implementing the inspection documents according the Authority 1. Legal Services Commission of the nation must open the "text Book" to track sending and receiving texts sent to test.

2. the Director of the legislation Division expert group, including the responsible professional conduct check text (depending on the requirements of the text is checked, Director of Legal Affairs decides whether to invite collaborators participated in the examination of the text).

3. Who was assigned to check out is responsible for projecting the text content is checked with the text for the legal basis to identify illegal content defined in article 6 of Decree 30/2010/ND-CP and article 5 of this circular for review, evaluation and conclusion on the legality of the text is checked.


4. Who was assigned to check the text must sign and specify days, months, years to check on the top of the text that I have checked (to confirm the check, the check point) and set up the report attached to the catalogue texts have been assigned to check.

5. When the text was examined with signs contrary to law, the check writing to report test results and proposals processed through "test Votes" text according to the model No. 1 attached to this circular.

Depending on the level of unlawful content, the text is checked, and the consequences of unlawful content caused to society and on the basis of the nature and extent of the Agency's fault, who issued the text, the text test can suggest: a) text processing have illegal content with forms : suspension of the enforcement of, cancel or annul part or the entire text content. The case of the text to be checked just wrong on legal bases invoked, Protocol, technical presentation of text content is also consistent with the provisions of the law shall make the fix for these flaws;

b) consider, handle the responsibilities of the Agency, the authority has issued the text against the law under the provisions of the law on responsibility, criminal liability under the law. The check text is also recommending the consideration, handled the responsibility comes on for officers, public servants in the process Editor, staff appraisal, through the text contents are unlawful in the case of the person at fault.

6. After the establishment of the votes checked, the check text is set up "records of text has the content against the law" and the Director of Legal Affairs.

The records include: text is checked, the text for the legal basis, to determine the contents of the text against the law are examined, the vote check text and other relevant documents (if any).

7. the Director of the Legal Affairs Minister, reports to inform the content unlawful signs of text are checked to the Agency, who has issued it self test, processor, announced results for the peoples Committee handled under the provisions of the law.

Written notice should have the following basic content: text Name is checked; the name and the text content as a basis to determine the content of the text against the law are examined; comments on the content of the law left the text be examined; request to the Agency, who has issued it self test, treat and report results of self-examination, processed according to the provisions of the law.

8. The case of the ethnic Committee disagree with the result of processing or text that is unlawful does not announce results processed according to the Rules Committee for ethnic agency report, competent treatment prescribed in clause 1, article 20 and paragraph 1 , Article 17 of Decree No. 40/2010/ND-CP.

The report profiles including: report of the Committee; the text to be checked; the legal basis for inspection; vote check writing; the opinion of the Authority (if any); the official announcement of the Committee; the text explanation, reported results of self-examination, the handling of text are checked and other related documents.

9. open peoples Committee "as text handling illegal signs" to track, urging the processing of the body according to the model No. 2 attached to this circular.

Chapter IV REPORTING and ENSURE CONDITIONS for the WORK to CHECK the TEXT of article 17. Report mode 1. Periodically the six (6) months, in the agencies, units of the ethnic Committee responsible for the report writing test work, sending about legislation at the latest on 05/05/06 and 12. The time retrieved 06-report data from the date 01/12 of previous year to 31 May of the year of the report; The time taken to report data annually from December 1, last year to November 30 of the year of the report.

2. Service legislation is responsible for pooling test results, text processing, Chairman of Ministers reports; at the same time reporting six (6) month and year of report on inspection, handling of legal documents sent the Ministry of Justice.

Article 18. Conditions of guarantee for the inspect the text 1. Funding for the work of checking the text: a) secured funding for inspection documents are general estimation in funding operations annually of the ethnic Committee due to the State budget;

b) Service Plan-finance, in collaboration with legal Services expenditure plans annual writing test process approved by the Commission.

c) the management and use of funds check writing made under the provisions of the law.

2. dedicated professional check writing Director legislation Division of the Professional Service dedicated to the work of checking the text according to the provisions of article 39 of Decree 30/2010/ND-CP.

Chapter V IMPLEMENTATION article 19. Effect 1. This circular effect since August 10, 2011 and replaces decision No 3/2007/QD-BTM DATED 4 June 2007 of the ethnic Committee about issuing test rules, processing of legal documents.

Article 20. Responsibility 1. Director of Legal Affairs has the responsibility to monitor, examine the implementation of this circular.

2. Heads of Service, units of the ethnic Committee responsible for implementing the Organization made this circular in Service units.

3. Service legislation and the relevant units responsible for coordination with the authority, the functions of the ministries, the provincial people's Committee in the examination of the text under the authority and related text.

4. In the process of implementing, if there are obstacles, suggest that timely reflection on peoples Committee (through the Service legislation) to the Secretary General, the Chairman of the review decision.