Circular 31/2011/tt-Nhnn: Regulations About Checking And Handling The Legal Text Of The State Bank Of Vietnam

Original Language Title: Thông tư 31/2011/TT-NHNN: Quy định về kiểm tra và xử lý văn bản quy phạm pháp luật của Ngân hàng Nhà nước Việt Nam

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Pursuant to the law the State Bank of Vietnam the number 46/QH12 on 16/6/2010;

Pursuant to the law enacting the legal text no. 17/2008/QH12 on 03/6/2008;

Pursuant to Decree No. 40/2010/ND-CP dated 12/4/2010 the Government examine and handle the legal text;

Pursuant to Decree No. 96/2008/ND-CP dated 26/8/2008 of the Government functions, tasks, powers and structure of the State Bank of Vietnam, the State Bank of Vietnam specific rules about checking, handling the legal text as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation on circular check writing legal and unlawful processing of the State Bank of Vietnam (hereinafter the Bank).

Article 2. The object that applies to this circular apply to agencies, organizations, individuals related to checking the legal texts in the field of governance of the State Bank.

Article 3. The text to be checked and handled 1. The legal texts by the Governor of the State Bank (hereafter called Governor) issued or contact President issued, including: circular, circular.

2. The text of the State Bank when required, recommendations of agencies, organizations, individuals, news agencies or by officers, units of State Bank discovered in the process of checking on the left marks the text of legislation, including: a text signed by the Governor) that contain legal but not issued by information form , circular;

b) documents can form and content as the legal text, the text may not be the legal text but contains legal by the heads of units of the State Bank.

3. Circular of the Ministers, heads of ministerial agencies; circular between the Ministers, heads of ministerial agencies; circular between Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy; the resolution of the provincial people's Council; decisions, directives of the provincial people's Committee, are related to the field of governance of the State Bank on currency, banking and foreign exchange activities.

Article 4. Check the content of the text and the legal basis for determining the content of the text is unlawful check 1. Check the content of the text is done according to the provisions of article 3 of Decree No. 40/2010/ND-CP dated 12 April 2010 the Government examine and handle legal text (hereinafter the Decree No. 40/2010/ND-CP) and article 3 of circular No. 18/2009/TT-BTP on November 30, 2010 by the Minister of Justice detailing competition a number of articles of Decree No. 40/2010/ND-CP (hereinafter the circular No. 18/2009/TT-BTP).

2. The legal basis for determining the content of the text is unlawful is made according to the provisions of article 6 of Decree No. 40/2010/ND-CP and article 4 of circular No. 18/2009/TT-BTP.

Article 5. The method of checking the text 1. Check the text by the Agency, the authority issued the text sent to, including: self check against the text issued by the Governor or the President; Check the jurisdiction with regard to the texts by the Ministers, heads of ministerial-level agencies, provincial councils, provincial people's Committee issued related to the monetary sector, banking and foreign exchange activities.

2. check text when receiving requests, recommendations of agencies, organizations, individuals and agencies to our reflections on the text of the State Bank of illegal signs.

3. check according to thematic, geographical areas, sectors and areas.

Chapter II EXAMINATION, TEXT PROCESSING article 6. Responsible for test writing Director of legislation is the clue to help the Governor automatically check the text for the following: 1. The documents provided for in paragraph 1 of article 3 of this circular, right after the text was issued.

2. The text of the provisions of paragraph 1, paragraph 2 of article 3 of this circular when required, recommendations, complaints of agencies, organizations, individuals, news agencies or by officers, units of State Bank discovered during checks on illegal signs of writing.

Article 7. Order and procedure of self test, text processing by the Governor issued 1. For the text of the provisions of paragraph 1 of article 3 of this circular, after release, the Office is responsible for Legal Affairs sent a copy (1) to perform the self test.

2. After receiving the text, the legislation proceed to check out. Within three (3) working days from the date of dispatch of the legislation required to provide documentation, unit heads chaired drafting (hereinafter called the unit editor) is responsible for providing the records, documents that are related to the content of the text is checked.

3. When the text contents are contrary to law, the legislation is responsible for promptly notify the unit Editor. Drafting unit and Service coordinate legislation to define the content of the text, the unlawful measures the consistency of processing and preparing the draft text processor. Where necessary, the legislation or the drafting units can organize a meeting participant opinions of experts, the State Bank units or agencies, other relevant organizations related to the problem mentioned above.

4. After comments about text processing, editing units and Service coordinate legislation record check writing and report writing test results the Governor.

Profile check writing 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).

Self test results report text consists of the following basic content: review, evaluate the content, the level of writing and unlawful treatment; remedy the consequences caused by the text (if any); the time limit for text processing; Determine the cause, the liability of officials and civil servants advised drafting, evaluation and through the text.

5. in case of Service legislation and drafting unit not consistent comments about the handling of the text it had drafted the text stating his views, why send a legal Services (1). At the same time, the legislation created the profile check text and report the results to check the text.

6. On the basis of a written record containing illegal content, review, text processing decision contrary to law.

Article 8. The sequence, testing procedures, the text processing when receiving the notice, or request recommendations 1. Within a period of two (2) working days from the date of the notice, request, proposals of agencies, organizations, individuals, mass information bodies of writing illegal signs, Office, Agency inspectors, bank supervision and other units in the Bank responsible for reporting the Governor at the same time transfer the relevant materials to the Service legislation to make the clue test.

The case of officers, units of State Bank spotted illegal signs of writing during the check, the officer, the unit that is responsible for the notification and documents relevant for Legal Services.

2. Within a period of two (2) working days from the date of receipt, by the provider of Legal Services, has announced dispatch to drafting unit test writing, and Legal Services conducted the test text.

3. within five (5) working days from the date of receiving the notification of dispatch Service legislation, drafting units should conduct self-examination in writing and send the results to test yourself for the Service legislation.

4. After the test results, the drafting and Legal Services collaborated to identify illegal content of the text and processing measures. The unification of the test content and report the Governor was made according to the provisions in clause 3, clause 4, Clause 5 article 7 of this circular.

5. After the Governor have concluded about the text processing unit, responsible for drafting the text signed by Governor State Bank announces results of self-examination and text processing agencies, organizations, individuals, news agencies reported, request , recommendations, complaints. Written notice of State Bank added Service legislation a (01) to the track.

6. The time limit for check against the text of the notice of the competent authority to check text is thirty (30) days from the date of the notice.

Article 9. The sequences, procedures to check for text processing, due to the Governor of the State Bank President issued the order, the procedure checks for the text by the Governor of the State Bank President issued are made according to the provisions of article 7 of this circular and the coordination with the signed Agency issued a check for the entire text content. The determination of unlawful contents of text and processing methods are conducted on the basis of the coordination, consistency of comments with the Agency signed the issued text.

Article 10. Check the text for cases of State secrets in the examination of the text has the content in State secrets made under the provisions of this circular and the legal provisions on the protection of State secrets.

Chapter III EXAMINED, TEXT PROCESSING UNDER article 11 JURISDICTION. The authority to check the text 1. The Governor has the authority to inspect the documents specified in paragraph 3 of article 3 of this circular.

2. the Director of the legislation do clues help the Governor organizing the examination the documents specified in paragraph 3 of article 3 of this circular.

Article 12. The order, a written examination procedure under the Authority 1. Service legislation open the "text Book" to track sending and receiving texts sent to test according to the authority.

2. Who was assigned to inspect check writing, check content focused on the provisions related to state management of State Bank on currency, banking and foreign exchange activities.


3. 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.

4. When the content of the text is examined with signs contrary to law, who was assigned to check the text to report test results and proposals processed through "test Votes" text. Depending on the level of unlawful content, the text is checked, the consequences of the unlawful content causes to society, on the basis of the nature and extent of the Agency's fault, who issued the text, the proposed text check: a) text processing with content is unlawful according to the forms prescribed in article 15 , or the revised text as specified in article 16 of this circular.

b) considered, responsible for handling bodies, who issued the text against the law under the provisions of the law on responsibility, criminal liability under the law. Who was assigned to check the text also proposes a review, handle the responsibility of officials for the said public officials in the process of drafting staff, evaluation, verification, through text contents are unlawful in the case of the person at fault.

5. After the establishment of the votes checked, the person who was assigned to check the text to establish "a text record of unlawful content" and the leader of the Legal Service.

6. Legal Service leaders report and recommendations to the Governor to sign the notice to the Agency, who has issued it self test, treat and report the results of processing in accordance with the law.

Message text contains 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.

The case when the check discovered the contents of the text be examined conflict, overlap, is no longer consistent with the text of the Superior State bodies have issued the notice in writing, is also petitioning the Agency, who has texts research, reviewing the handling of the contents no longer fit it under the provisions of the law.

Article 13. Unlawful processing checks by the authority expiry clause 1 Article 23 of Decree No. 40/2010/ND-CP, agency, who has texts have left signs law no notice about the test results, text processing or the Governor does not agree with the processing results within 15 (fifteen) days The Governor, the agency reports, the authorities on the review, the handling is as follows: 1. the recommendations of Ministers, 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 the industry , state management of State banks;

2. Petition the Prime Minister to suspend the enforcement of the resolution of the provincial people's Council enacted contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the orders, the decision of the President, government documents, the Prime Minister issued or contrary to the text of the State banking industry , the field of the management of the Bank;

3. Suspend the enforcement and suggested the Prime Minister cancel, annul part or the entire decision, the directive of the provincial people's Committee left with writing about the industry, the field of the management of the Bank;

The report profiles including: report of State Bank; 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 test body text; the text explanation, reported results of self-examination, the handling of text are checked (if available) and other related documents.

Article 14. Check the text according to thematic, geographical areas or by industry, the field of checking the text according to thematic, geographical areas or by industry, the field was made according to the provisions of article 15 of Decree No. 40/2010/ND-CP and article 10 of circular No. 18/2009/TT-BTP.

Chapter IV FORMS of UNLAWFUL PROCESSING article 15. Other forms of unlawful processing 1. Suspend the enforcement of a part or the whole content of the text: form to suspend the enforcement of a part or the whole content of the text is applied in the case of unlawful content that has not been modified, added, cancelled, repealed in time and if continued could cause serious consequences , do affect the interests of the State, the legitimate rights and interests of organizations and individuals.

2. remove a part or the whole content of the text: a) the form of cancellation of part or all of the contents of the text to be applied in case a part or the whole of the text which was enacted contrary authority on form, authority on content or does not conform with the provisions of the law from the time of writing to be issued.

b) for the text in Paragraph 2 of article 3 of this circular: remove the entire text for the text case can form and content as the legal texts by the heads of units of the State Bank issued;

Remove the legal text in by Governor issued but not correct text forms as prescribed by law; the legal text in by the heads of units of the State Bank.

3. To annul part or the whole content of the text: form of repeal of a part or the whole content of the text applies in cases of part or the entire text as a base text issued are checked have been replaced by other documents of the competent State Agency , lead to the content of the text no longer fits current law or social-economic situation changes.

Article 16. Revised text in the test process, when the text is just wrong on legal bases invoked, Protocol, presentation techniques, and the content of the text consistent with the provisions of the law, ensuring the constitutionality, legality, the unit responsible for drafting the draft revised text the Governor.

Article 17. Consider the responsibility for the Agency, who issued illegal text 1. The review, responsible for handling bodies, who issued illegal text was made according to the provisions of article 34 of Decree No. 40/2010/ND-CP.

2. Results processing is unlawful must be announced publicly, put the news on the news media and posted The notice, posted on the website of the State Bank of the following three (3) working days from the date of the decision process.

Chapter V CONDITIONS WARRANT for INSPECTION and PROCESSING the TEXT to article 18. Staffing and funding text test 1. Based on the functions, missions, the volume, nature and specific job characteristics, Director of Legal Affairs, the Chief of payroll layout ensures effective implementation of the duty to check the text.

2. State Bank made the arrangement to ensure funding for the work of checking the text under the guidance of the Ministry of finance and the Ministry of Justice. Every year, based on the current rules of the secured funding for inspection documents, Legal Service estimating funding guaranteed for inspection submitted text Management Bureau, general cost estimation in general operations of the Bank. The management, spending, settlement funding made under current financial regime.

Article 19. Organization and management of a team of collaborators examine the text of the State Bank of 1. Check writing collaborators as the professionals have experience in construction and checking of text in the field of monetary, banking and foreign exchange activities in the divisions of the Bank, the credit organization, the judicial authorities, other State management bodies at Central and local levels , research officer, teaching law in the research base and training law, the bodies of other relevant organizations, consistent with text fields are checked.

2. Service the authorization admitting the legislation the Governor signed a partnership with the collaborators, responsible to the Governor in building and managing a team of collaborators examine the text.

3. The partners operate under the mechanism of securities or contracts, subject to the guidance management, assigning of Service legislation, at the same time be responsible before legislation on the progress and quality of work.

4. The partners are entitled to remuneration according to the amount of text comments, please, to be paid upon working group participants checking according to thematic, geographical areas, sectors, areas and enjoy the other policy mode under the guidance of the Ministry of finance and the Ministry of Justice.

Article 20. Build and manage the database system serves for checking, processing the construction of database system used for the test, text processing is done according to the provisions in Article 35 paragraph 1 of Ridin points of Decree 30/2010/ND-CP and article 15 of the circular No. 18/2009/TT-BTP.

Chapter VI LIABILITY of the STATE BANKING UNITS in the TEST article 21 TEXT. General responsibilities of the unit during testing and the handling of documents 1. The organization test of the text by his unit chaired drafting periodic reports, 6, and on the work of self test and process the text of his unit, send Service legislation before 31 May and before November of every year.

2. Coordination with legal Services in checking, handle the writing of General the State Bank and the text drafted by his unit, the enactment of related documents, when required, in order to ensure that the examination be conducted timely textual, true rule of law.


3. Regularly review the text issued by the Governor within the assigned area, timely detect the contents no longer fit the situation of socio-economic development, the management requirements of the State or when the superior state agencies issued new text proposed to modify Supplement, replace, repeal.

4. When the text issued by the Bank or by the competent authority issued in relation to the governance of the State Bank has content that is unlawful, inconsistent, overlapping, no longer fits the situation of socio-economic development, governance requirements , or when the notice, request, proposals, complaints, the unit, officers, public servants in the State Bank has the responsibility to reflect promptly with the Governor, the Director of Legal Affairs, heads of unit chaired text editor to check and handle.

Article 22. Specific responsibilities of the unit in helping the Governor checked and text processing 1. Service legislation a) is a clue to help the Governor checks and handle text according to legal provisions on testing, text processing.

b) held, presided the construction and management of database system serves for inspection, text processing.

c) responsible to the Governor in building and managing a team of collaborators examine the text.

d) advised the Governor and in cooperation with the relevant units held professional training check text for staff, public officials examine the text.

6 month recurring) and annual report of the Department of Justice about the inspection and processing of the State Bank.

e) annually, in cooperation with the Department of management, financial and accounting Service estimating and finalizing funding for inspection under the provisions of law texts on the management and use of secured funding for the work to check the text.

g) in collaboration with the Ministry of Justice and the other units in the Organization of the examination and processing of texts in the field of monetary, banking and foreign exchange activities.

h) performs other duties prescribed by law on checking and text processing.

2. The Office a) Do clue collection of texts from the sources as specified in article 7, article 8 of this circular, send Service legislation implementing the examination text.

b) in coordination with legal Services in building database system serves for inspection, text processing.

c) in collaboration with legal Services in the Organization of the meeting to the test text.

d) in collaboration with the Legal Service in the publication of the text processing results unlawful.

3. Department of information technology of Bank collaborated with the French in building and managing database system serves for inspection, text processing.

4. Financial-accounting and Administration Bureau, in collaboration with legal Services in the browser, the level of funding and the guaranteed funding settlement for the work to check the text.

Chapter VII ENFORCEMENT PROVISIONS Article 23. Effect 1. This circular is effective from January 13, 2011. Decision No. 38/2006/QĐ-NHNN DATED JAN. of the Governor of the State Bank on 1/8/2006 issued regulations to check and handle the text of State Bank ceases to effect from the date of this circular effect.

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 and circular No. 18/2009/TT-BTP.

Article 24. Responsibility Office, Director of Legal Affairs, heads of units of the State Bank is responsible for the implementation of this circular.