Advanced Search

The Decree 40/2010/nd-Cp: Regarding Checking And Processing Legal Documents

Original Language Title: Nghị định 40/2010/NĐ-CP: Về kiểm tra và xử lý văn bản quy phạm pháp luật

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law organizing the people's Council and people's Committee on November 26, 2003;

Pursuant to the law enacting the legal texts of the Council of the people, the people's Committee of 3 December 2004;

Pursuant to the law enacting the legal text on 03 June 2008;

Considering the recommendation of the Minister of Justice.

DECREE: chapter I GENERAL PROVISIONS article 1. Object and scope 1. This Decree regulates check legal documents (hereinafter referred to as the text) and text processing with signs contrary to law by the Minister, the heads of ministerial agencies, councils, committees and levels.

2. The text was examined, processed according to the provisions of this Decree are: a) the circular of the Ministers, heads of ministerial agencies;

b) 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;

c) resolutions of the people's Council, decision, directive of the people's Committee.

3. The text contains legal but are not issued by the legal text; the text contains legal or can form and content as the text by legal authorities, who have no authority in the Ministry, local and industry issued also be examined, processed according to the provisions of this Decree.

Article 2. The purpose of the written test the written test be conducted in order to detect the illegal content of the text to promptly suspend the enforcement, cancel, annul, ensuring the constitutionality, legality and the uniformity of the legal system, at the same time, recommendations, the Agency has jurisdiction to determine the liability of the Agency , who issued illegal text, contribute to improving the quality, efficiency and building the legal system.

Article 3. Content check text content text test is the review, evaluation and conclusion on constitutionality, legality of the text according to the content specified in the law promulgated legal documents on June 3, 2008 (hereinafter referred to as Law promulgated legal documents) and the law enacted the legal texts of the Council of the people, the people's Committee of 3 December 2004 (hereinafter referred to as the law enacting the legal texts of the Council of the people, the people's Committee).

Constitutional text, the text is legally secured enough of the following conditions: 1. the correct legal base is issued.

a) Have legal bases for issuing;

b) The text for the legal bases that have been signed, issued, through to the time of the promulgation of the text is checked.

2. Issuing Authority properly.

The authority issued documents include: authority on form and authority on the content.

a) Authority on form is the Agency who has the authority to enact the text in the correct form has been prescribed in the law promulgated legal documents and laws enacted the legal texts of the Council of the people, the people's Committee.

b) Authority on the content, the Agency has the authority to enact the text consistent with his authority under the provisions of the law.

3) the content of the text consistent with the provisions of the law.

a) text is issued under the authority is consistent with the Constitution, laws, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly; the order, the decision of the President; the text by the Government, the Prime Minister, Ministers, heads of ministerial agencies and issued the text of the Superior State bodies;

b) legal text does not make the content have been stipulated in other legal texts and to ensure consistency between existing text with new text was issued by the same agency;

c) text by Ministers, heads of ministerial agencies issued other must match the text of Minister Ministerial agencies, heads of State management in the field;

d) decisions, the Commission's directive to match the resolution of the Assembly of people of the same level.

Text by the State Agency, the authority issued must ensure the request not to impede the implementation of the international treaties to which the Socialist Republic of Vietnam is a member.

4. Documents issued in the right sequence, procedures, forms and techniques presented in accordance with the law.

Article 4. Principle of the test documents, unlawful processing 1. Checking the text, text processing is unlawful are conducted regularly, timely, comprehensive; objective, transparent, publicity; true competence, order and procedures; combine the inspection of competent bodies to examine the Agency's promulgation of texts, ensuring coordination between relevant agencies.

2. Prohibit the agencies, organizations, individuals taking advantage of checking the text for the purpose of service, making it difficult for the normal operation of the Agency, who has texts and interfere with the process of unlawful processing.

3. After the test, the Agency examined the text must contain the conclusions of the inspection and report to the Agency, the authority has issued the text be examined according to the provisions of the law.

4. Bodies, competent word processing is responsible for concluding the test, its processing; If the decision unlawful processing must then overcome legal consequences because of that decision.

Article 5. Test method for text text test was conducted by using the following method: 1. Check the writing by the Agency, the authority issued the text;

2. check text when receiving requests, recommendations of agencies, organizations, personal reflections on writing signs contrary to law;

3. check the text according to thematic, geographical (at the Agency issued text) or by industry sector.

Article 6. The legal basis for determining the content of unlawful text be examined the legal basis for determining the content of the text against the law are examined according to the provisions of article 3 of this Decree is the legal texts in force in higher legal force or already enacted , adopted at the time of the written test as specified in Chapter IX, "the effect of the legal text, the principle applied, public legal text" of the law enacting the legal text and chapter V "effect and principle apply the legal texts of the Council The people's Committee, "the law's promulgation of the legal texts of the Council of the people, the people's Committee.

Article 7. Measures for handling bodies, who issued illegal text based on the unlawful content of the text and the extent of the damage actually caused by the text is unlawful cause, bodies, competent person check recommendations: 1. The Agency, who issued illegal timely textual apply remedial measures by the Board of and make unlawful cause text;

2. Bodies, competent person determine the form and the level of processing for the Agency, who issued illegal documents.

Depending on the nature and extent of the violation of the text against the law, authority, who issued illegal text must be responsible for the discipline, criminal liability under the law.

Article 8. Announced the unlawful processing of results unlawful processing must be announced publicly, reported on the mass media and are published Gazette, posted on the website of the Agency issued (text by ministries, ministerial-level agencies Government agencies, and provincial level issued) or listed on the Agency headquarters issued or other locations due to the people's Committee Chairman, Chairman of the people's Committee of social decision (for text due to district level and Social Action Committee), slowest is after 3 (three) working days from the date of the decision process.

Article 9. Profile check writing 1. The Agency, the competent person responsible text test file to check the text.

2. check writing profile includes the text content contrary to law are discovered through the examination of texts and recommended processing as specified by law; the text processing results.

3. check writing profile is stored under the provisions of the law on archives.

Article 10. Checking and handling of text content in State secrets the inspection and handling of text content in State secret applies under the provisions of this Decree and in accordance with the law on the protection of State secrets.

Chapter II, the COMPETENT AUTHORITY ISSUED the TEXT TEST TEXT article 11. Responsibility to check the text 1. Ministers, heads of ministerial agencies, people's councils and people's committees of all levels to check his documents issued or contact President issued immediately after the text was issued, when the notice of the authorities, who have jurisdiction to check text or ask recommendations of agencies, organizations, individuals and the mass media.

Specific responsibilities are as follows: a) Director of the legislation Department of the Ministry, ministerial-level agencies, Director of the law of the Office of the Government (hereinafter collectively referred to as the head of the Legal Affairs Ministry organization, ministerial agencies) are clues to help Ministers, heads of ministerial agencies perform the self test circular , circular by the Minister, the heads of ministerial agencies issued;

b) Director to check legal documents belonging to the Ministry of Justice (hereafter called the Bureau to check text) is the clue to help the Minister of Justice made the self check circulars, circular by the Minister of Justice issued;

c) head of the legal organization of government agencies to coordinate with the Organization Department of the legislation which that Minister has issued the text in the field of activity of the Agency in the Government automatically checks the text;


d) recruitment of the people's Council, the Director of the Department of Justice, the Chief Justice, the judicial officer-level civil registrar is the clue gúp the people's Council, committees of the same level perform the self test text.

2. Director check writing, head of Legal Affairs Ministry organization, ministerial-level agencies, government agencies are responsible for coordinating with the relevant units of the Ministry of industry, have issued joint text to self test the entire text content.

3. The agencies and units concerned must promptly provide the information, documents, materials needed and with the written examination, The legal organization, ministerial-level agencies, government agencies, legal Council, the Department of Justice, the judiciary, the judicial officer-level civil registrar in the test text.

Article 12. Unlawful processing through the self check 1. When done the self test text, text detection signs contrary to law, the Agency, the unit performs the test prescribed in article 11 of this decree established the profile test written and immediately report to the Agency, the authority has issued or the President issued that text to consider , automatically processed according to the rules.

2. for unlawful documents, test results report text consists of the following basic content: a) 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;

b) determine the cause, the liability of officials and civil servants advised drafting, evaluation, and assessment through the text.

3. Bodies, competent person is responsible for timely processing of text against the law was enacted.

4. automatic text processing results must be published in accordance with article 8 of this Decree. The case made the self test when the notice of the inspection, the Agency must notify the Agency checked the text know according to the provisions of article 23 of this Decree.

Chapter III EXAMINATION and PROCESSING of TEXT ACCORDING to the JURISDICTION of section 1. AUTHORITY to CHECK the TEXT of article 13. The authority of Ministers, heads of ministerial-level agencies in checking the text 1. Ministers, heads of ministerial agencies examine the text of a decree concerning the State management sector of the industry, because the Ministers, heads of ministerial agencies, other people's councils and people's committees of provincial level.

The head of Legal Affairs Ministry organization, ministerial bodies to help Ministers, heads of ministerial agencies perform the inspection the inspection authority in writing of the Minister, the heads of ministerial agencies.

The head of the Organization Department of the Agency of government legislation in cooperation with The legal organization, ministerial-level agencies have a duty to manage the State of the industry, the Agency's field operations in the Government implement the inspection according to the authority of the text in the field of activity of the Agency in the Government.

2. The Minister of Justice made the authority examining the text as specified in paragraph 1 of this article and help Prime test: a) the circular by the Minister, the heads of ministerial agencies issued related to the field of State management of the Ministerial organs, it or related fields , many of the State management sector;

b) circular between Ministers, heads of ministerial agencies; the content in the fields of governance of the ministries, ministerial-level agencies in joint 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;

c) resolutions by the Council, decisions, directives by the provincial people's Committee issued related to many disciplines, many of the State management sector.

Director examined the text help the Minister of Justice examines the text under the authority of the Minister of Justice.

3. The Minister, Chairman of the Government Office made inspection authority as specified in paragraph 1 of this article and help Prime test: a) the circular by the Minister of Justice issued about the industry, the State management sector of the Department of Justice; circular between the Minister of Justice with the Ministers, heads of ministerial agencies, with the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy;

b) other text when the Government or the Prime Minister.

4. in case of dispute the jurisdiction test, then the Minister of Justice reported the Prime Minister's decision.

Article 14. The authority of the Chairman of the provincial people's Committee, Chairman of the people's Committee at district level in testing text 1. Chairman of the provincial people's Committee organized a text check by the people's Council, the people's Committee at district level.

2. The President of the people's Committee of the district level held by the Council text check people, social people's Committee issued.

The Director of the Department of Justice, the Chief Justice helps people's Committee Chairman the same level performs the check text that is specified in the paragraph 1 and 2 of this Article.

Article 15. Check the text according to thematic, geographical areas or by industry, field 1. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, Chairman of the people's Committee at district level approval of test plans, thematic text area or by industry sector, and urge, directing, inspecting the implementation of the plan.

2. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, Chairman of the people's Committee at district level Unions decided to establish interdisciplinary testing to make the text test according to thematic, geographical areas or by industry, field test jurisdiction.

3. Before making the inspection according to thematic, geographical areas or by industry, the field, the Agency must notify the Agency in writing is examined to know; the Agency has the text been checked are responsible for coordination with the check in the check text.

Section 2. AUTHORIZED UNLAWFUL PROCESSING article 16. The Minister of Justice to help prime the left text handling law the Minister of justice the prime consideration, decides: 1. To suspend the enforcement of, cancel, annul part or the whole content for: a) the circular by the Minister, the heads of ministerial agencies issued contact President, 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, the Decree of the Government, the Prime Minister's decision, the regulations on the industry, the State management sector of the Ministry, ministerial bodies;

b) decided, by the directive Committee of the provincial people issued 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, the Decree of the Government, the Prime Minister's decision, circular, circular of the Ministers Ministerial-level heads, and the resolution of the Assembly of the people of the same level.

2. Suspend the enforcement of a part or the whole content for: a) the content is unlawful in the fields of governance of the ministries, ministerial-level agencies in the circular by the Minister, the heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the Minister the Supreme People's Prosecutor issued at the same time, asked the Ministers, heads of ministerial-level agencies in agreement with the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate of the same text processing;

b) resolutions 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, the Decree of the Government, the Prime Minister's decision, circular, circular of the Ministers , The heads of ministerial agencies, at the same time, the Commission proposed the National Assembly abolished.

3. Implementation of other authorities in the processing of documents is unlawful under the provisions of article 17 of the law. The authority of Ministers, heads of ministerial-level agencies in handling illegal text 1. The authority of Ministers, heads of ministerial-level agencies: a) 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 ministries;

b) 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 Ministerial agencies, about the industry, by the field, ministerial-level agencies in charge;

c) suspends 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 State administration ministries;

d) made the other jurisdiction when the Government or the Prime Minister delivered in text processing is unlawful.

2. The authority of the Minister of Justice: a) right text processing is unlawful as defined in paragraph 1 of this article;

b) petitioning the Secretary of ministerial heads, 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, the State management sector of the Ministry, ministerial-level agencies or related industries many areas of governance.

Petition the Prime Minister to suspend the enforcement of resolutions against the law by the provincial people's Council issued related to many disciplines, many of the State management sector;

c) suspends the enforcement and suggested the Prime Minister cancel, annul part or the entire directive, decision contrary to law by the provincial people's Committee issued related to many disciplines, many of the State management sector;


d) text processing unlawful contact President between the Ministers, heads of ministerial agencies, between the Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy according to the procedure prescribed in clause 4 article 20 of this Decree;

DD) text processing is unlawful when it is authorized by the Prime Minister and the Prime Minister to report on the results of processing.

3. The authority of the Secretary, the Chairman of the Government Office: a) right text processing is unlawful as defined in paragraph 1 of this article;

b) petitioning the Minister of Justice to suspend the enforcement of, cancel, annul part or the entire text contrary to law by the Minister of Justice issued about the industry, the State management sector of the Department of Justice;

c) handle circular left the law between the Minister of Justice with the Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate made under the provisions of paragraph 4 of article 20 of this Decree;

d) handle the text against the law when it was delivered by the Prime Minister.

Article 18. The authority of the Chairman of the provincial people's Committee, Chairman of the people's Committee at district level in handling illegal text 1. Suspend the enforcement and cancel, annul part or the entire text to the left of the law of the people's Committee of direct subordinates.

2. Suspension of the enforcement of resolutions against the law of the people's Council and direct subordinates suggested the people's Council granted themselves cancelled or abolished.

Category 3. TESTING PROCEDURES, UNLAWFUL PROCESSING article 19. Time to send the text to the agency within a period of 3 (three) working days from the date of registration issued, agency, authority issued documents, agency chaired drafting must submit to the Agency, the competent person inspect the text according to the following provisions : 1. The text of the Ministers, heads of ministerial agencies, the people's Council, the provincial people's Committee issued sent to test writing Bureau, Ministry of Justice and Legal Affairs Ministry organization, ministerial-level agencies have the authority to check the text according to the industry, the field.

Circular between the Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate by Department or agency issued sent to test writing Bureau-Ministry of Justice;

2. The circular of the Minister of Justice, circular between the Minister of Justice with the Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate by Department or agency issued sent to Service Law-Office of Government;

3. The text of the people's Council, the people's Committee at district level sent to the Justice Department;

4. The text of the Council, the Commission submitted to the township-level people's justice.

Article 20. Procedure by the Minister, the heads of ministerial agencies conduct checks, unlawful processing 1. Procedure by the Minister, the heads of ministerial agencies conduct: a) When checked, text detection of illegal signs, head of Legal Affairs Ministry organization, ministerial-level agencies report the Ministers, heads of ministerial agencies notify the authorities, who issued a written test processing, in accordance with the law;

b) case, the Agency has issued documents have left signs law does not handle according to the prescribed time limit or Ministers, ministerial heads are not agreed with the results of processing, the Ministers, heads of ministerial-level agencies have the authority to check the text for text processing as defined in paragraph 1 of article 17 of this Decree.

2. procedure by the Minister of Justice proceed: a) When checked, text detection of illegal signs, Director check the written notice to the Agency, who issued a written test, the handle. For text, the President after receiving the notice, the Agency has issued a circular to coordinate to check for yourself, treat the text as specified;

b) case, the Agency has issued unlawful text not processed or Director to check text for location processing results with the Director a written inspection report to Minister of justice processing as defined in paragraph 2 of article 17 of this Decree.

3. The Minister, Chairman of the Government Office conducting the check, unlawful processing by the Minister of Justice issued, contact President issued and other text when the Prime Minister delivered according to the procedure prescribed in paragraph 1 of this article.

4. in case of detection of content regulation in the field of the Supreme People's Court, the Supreme People's Procuracy in circular signs contrary to law, the Minister of Justice or of Ministers, Chairman of the Government Office (for circular with the Ministry of Justice) reported to the body that self test processing, in accordance with the law; If the Supreme People's Court, the Supreme People's Procuracy of the notice does not handle or the Prime Minister does not agree with the results of processing, then the Minister of Justice or of Ministers, Chairman of the Government Office reported the prime consideration, handled by the authority or Committee report of the National Assembly to consider under the rules, handle.

Article 21. Text processing procedure is unlawful in the case of Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, the Prime recommendations 1. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee has the Prime recommendations about text processing is unlawful, then the records petitions must be submitted to the Ministry of Justice, and sent to government offices.

2. for the text, no longer different opinions on how to handle then within 15 (fifteen) days from the date of the petition, the Minister of Justice considered, reported the Prime Minister handled according to the provisions of article 16 of this Decree.

3. For text also has different opinions about the legality or the proposal to review the decision to handle according to the provisions in clause 5 Article 32 of this Decree shall within a period of 30 (thirty) days from the date of the petition, the Minister of Justice, in collaboration with the Secretary , Chairman of the Government Office, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the heads of the relevant agencies to conduct processing according to the following procedure: a), the competent authorities check and text processing recommendations report on the text has been checked is against the law , the need to handle;

b) Minister of Justice report on the constitutionality, legality of processing petition text and proposed directions;

c) Agency, the text was issued recommendations handle explanation about the content related to the text;

d) the Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, the heads of the relevant agencies to Exchange, discuss the legality of the text;

DD) Justice Minister concludes the proposed direction, text processing and Prime report the result handle.

Article 22. Procedure by the President of the people's Committee, the provincial people's Committee Chairman district level exercise control, unlawful processing 1. When checked, text detection of illegal signs, Director of the Department of Justice, the Chief Justice reported to the Agency has issued a written test, the handle specified by the law.

2. where the authority has issued a written signs is unlawful does not handle according to the prescribed time limit or the Director of the Department of Justice, the Chief Justice did not agree with the results of processing, the Director of the Department of Justice, the Chief Justice reported the President of the people's Committee at the same level of processing as defined in article 17 of this Decree.

Article 23. The time limit for processing illegal signs 1. Within a period of 30 (thirty) days from the date of receiving the written notice of signs contrary to law, the Agency has issued documents are self hosted word processing, check it and inform the result handle to check the text.

2. Expiry of the handle according to the provisions in clause 1 of this article, if the Agency, who has texts have left signs law does not test yourself, handle or competent authority checking, processing the text not agreed with the Agency's handling of results, who issued the text within 15 (fifteen) days competent authorities, processed for text that should the agency reports, the authorities on direct review, processed according to the rules.

3. The people's Council handle its resolutions issued unlawful signs must be conducted at the nearest session of the people's Council.

ITEM 4. CHECK for and HANDLE TEXT CONTAINS LEGAL ISSUED INCORRECT form, the AUTHORITY article 24. The text to be examined 1. Authorities, who have jurisdiction to examine the text in progress check against the text contains legal but are not issued by the legal text, the text may contain legal or can form and content as the legal texts by the Agency , who has no authority in the Ministry, local and industry issued upon receipt of the request, the Agency's recommendations, organizations, individuals and of our bodies.

2. check text specified in clause 1 of this article are: a) text contains legal by the Minister, the Ministerial agency heads, the people's Council, the people's Committee issued but were not issued by the circular of the Minister, the Ministerial agency heads resolutions of the people's Council, decision, directive of the people's Committee;

b text) contains the legal text or can form and content as the legal texts by the Government agency heads, heads of subdivisions, ministerial-level agencies, government agencies, the Chairman of the people's Committee, the heads of the specialized agencies in the provincial people's Committee level, or the head of the Agency, the unit of the Ministry, ministerial-level agencies, government agencies are organized at the provincial level, district level.


Article 25. Jurisdiction and procedure for checking, handling 1. The Minister of Justice to conduct checks, handle for the text to contain legal by Ministers, heads of ministerial agencies, councils or provincial people's Committee issued but were not issued by the circular of the Minister, the Ministerial agency heads resolutions of the people's Council or decisions, the Commission's directive; the text contains legal or can form and content as the legal texts by the Government agency heads, Chairman of the provincial people's Committee, the heads of subdivisions, ministerial bodies, government agencies or heads of the specialized agencies in the provincial people's Committee.

2. The Minister, Chairman of the Government Office conducting the test, the handle for the specified text in paragraph 1 of this article by the Minister of Justice or the heads of the units directly under the Department of Justice.

3. The Director of the Department of Justice to conduct checks, handle for the text to contain legal due to the people's Council or district-level people's committees issued but not be issued in the form of resolution of the people's Council or decision, the directive of the Committee; the text contains legal or can form and content as the legal texts by the Chairman of the people's Committee at district level, the heads of the specialized agencies in the people's committees at district level.

Chief of the people's Committee of the provincial people's Committee Chairman helps the same level perform checks, handle for the text to contain legal or text can form and content as the text by the legal Director of the Department of Justice.

4. The Chief Justice to conduct checks, handle for the text to contain legal due to the people's Council or social people's Committee issued but not be issued in the form of resolution of the people's Council or decision, the directive of the Committee; the text by the Chairman of the people's Committee of social or other individuals the promulgation, containing legal.

Chief of the people's Committee at district level to help people's Committee Chairman the same level perform checks, handle for the text to contain legal or text can form and content as the legal texts by the Chief Justice.

5. The inspection, for the processing of text containing legal text or can form and content as the legal texts by the head of the Agency, the unit of the Ministry, ministerial-level agencies, government agencies are organized at the provincial level, district level issued are as follows : a) to the text by the head of the Agency, the unit of the Ministry, ministerial-level agencies, government agencies are held in provincial enactment be examined, processed according to the provisions in clause 1 and 2 of this Article. The case of the person who issued the text is not in self test, the competent handling of test report, the recommendations of Ministers, heads of ministerial agencies handled by the authority;

b) with respect to the text by the head of the Agency, the unit of the Ministry, ministerial-level agencies, government agencies are organized at the district level issued be examined, processed according to the provisions in paragraph 3 of this article. The case of the person who issued the text is not in self test, the competent handling of test-level administration proposal on that Agency's review process.

6. Order processing procedure for unlawful documents specified in the paragraph 1, 2, 3 and 4 of this Article is made according to the provisions of clause 2, article 20 paragraph 3, article 22 and Article 26, paragraph 1 of this Decree.

Article 26. A text message is unlawful and form processing 1. The competent authority checks the message text for the Ministers, heads of ministerial agencies, people's Council Chairman or the Chairman of the Committee where the text has been checked to steer the Organization, self test, remove the text according to the authority. The notice was also sent to the Agency, who issued illegal documents.

2. When the self test detected or received notice of the competent agency, check writing, agency, who has texts must suspend and cancel illegal contents of the text. Cases, the Agency has issued no text processing, the competent authorities check the text of the report, the Agency has the authority to handle the cancellation of unlawful content of that text.

3. The text of the provisions in paragraph 2 of article 24 of this Decree shall be treated as follows: a) the cancellation of the entire text for the text case can form and content as the text by the legal person does not have the jurisdiction to enact legal text enacted;

b) cancelled the legal text in by people with the authority to promulgate legal text enacted but not in the correct form of the text prescribed by law; the legal text in by people not authorized to enact legal text enacted.

Issuing the new text to regulate social relations are legal before the tune but was cancelled by the Minister, the heads of ministerial agencies, Chairman of the people's Council, Chairman of the people's Committee issued the decision under the provisions of the law enacted the legal text.

4. The review, handling responsibility for people, the Agency has issued unlawful documents prescribed in this Article follow the provisions of article 34 of this Decree.

Section 5. OTHER FORMS of UNLAWFUL PROCESSING article 27. Other forms of unlawful processing forms processing is unlawful are: 1. To suspend the enforcement of a section or the entire text content;

2. Cancel, annul part or the entire text content.

Article 28. The suspension of the enforcement of illegal text form to suspend the enforcement of a section or the entire text applies in cases 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.

Article 29. Cancel, annul unlawful text 1. Form of cancellation of part or all of the contents in the text apply 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.

2. the form of the removal of part or the entire 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 agencies, leading to the content of the text no longer fits current law or social-economic situation changes.

Article 30. Revised text in the process discovered the text just wrong on legal bases invoked, Protocol, technical presentation of text content is also consistent with the provisions of the law, ensuring the constitutionality, legality, the fix for the flaws.

Chapter IV RIGHTS, OBLIGATIONS of the AGENCY, who ISSUED the TEXT of article 31. The obligation of the Agency, the authority issued a written text is examined, the Agency has the authority to enact the text has the text been checked (hereinafter referred to as the Agency, whose text is checked) is responsible for the following: 1. Send documents issued to the Agency who has the authority to check as specified; provides information, materials needed for the Agency who has the authority to check the text;

2. Post Gazette, listing, giving the legal text has been processed on the mass media under the provisions of the law.

3. Explanation of the text at the request of the authorities, who have jurisdiction to check the text;

4. the timely organization of the self test to detect and handle text illegal signs as specified in clause 1 article 11 and article 12 of this Decree;

5. Notice of unlawful processing for authorities, who have jurisdiction to check the text;

6. To create condition for the Agency who has the authority to check the text make the task of checking the text;

7. Implementation of the decision, the Prime Minister's request as specified in article 16 of this Decree.

8. implementation of the decisions and recommendations of the Ministers, heads of ministerial authority as defined in article 17 of this Decree; the resolution of the provincial councils, district level, the decision of the Chairman of the provincial people's Committee, the district level under the provisions of article 18 of the Decree.

Article 32. The Agency's authority, who has texts are examined, the Agency has been checking text has the following rights: 1. To be informed of the plan, test content, the content is requested;

2. The presentation of comments related to the content of the text is checked;

3. Refuse to answer, provided the information is not in the scope of the functions, duties, powers or the information in State secrets are not allowed to provide in accordance with the law;

4. Explain and recommend the Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, Chairman of the people's Committee at district level authority check, review word processing announcements about text processing have illegal signs within 15 (fifteen) days from the date of the notice;


5. where the authority, competent person check processing, still decided to treat as specified in articles 17, 18 of this Decree, the authority, the person having the text be examined has the right to suggest the Agency who has the authority to review the text treats the decision process. Within 15 (fifteen) days from the date of the proposed review of the decision process, if the Agency, the competent handling of the text is not reply or agency, who has texts was not unanimous, the inspection agency, the text has been checked had the right to report the Prime (if the Agency , who has handled the text as Ministers, ministerial bodies, heads the people's Council, Chairman of the provincial people's Committee) or to report people's Committee Chairman granted the province (if the Agency, who have handled writing as the people's Council, Chairman of the people's Committee of the district level).

When implementing the rights specified in paragraph 4 and 5 of this article, the Agency who has texts are examined need prove his text law properly enacted and are responsible to the level above and before the law about the truthfulness, correctness, reports suggest.

Article 33. These violations of the law in the work of checking, processing of the Agency, who has texts be examined 1. Do not submit documents issued to the Agency, the competent person check as specified; not provide information, the necessary documents for the Agency who has the authority to check the text.

2. Do not post Gazette, listing, giving the legal text has been processed on the mass media under the provisions of the law.

3. Don't organize self-examination to detect, unlawful processing by themselves.

4. Not held test, text processing when required, recommendations of Agency, authority or inspection requirements, recommendations of agencies, organizations, news agencies and individuals.

5. Acts impedes, causing difficulties for the authorities, who have jurisdiction to examine the process of checking the text.

6. The report untrue when made the right specified in clause 4 and 5 Article 32 of this Decree.

7. Do not make the decisions, requests and recommendations disposal of bodies, competent person check for unlawful documents issued by themselves.

8. These violations of the law in the process of implementing the provisions of this Decree and other legal texts concerned in the work of checking, text processing.

Depending on the nature and extent of the violations of the law on checking, text processing, agency, who has texts are examined must be dealt with according to the provisions of the law.

Article 34. Consider, handle the responsibility for people, the Agency issued unlawful text 1. The review, responsible for handling bodies, who issued the illegal texts are based on the content, nature and extent of unlawful and the consequences of unlawful content caused to society and on the basis of the nature and extent of the Agency's errors , who issued the Advisory issued on that text.

2. The consideration of collective responsibility, personal responsibility is made as follows: a) the Agency issued text with content contrary to law to organize the review, identified the responsibilities of the collective and the superior agency report has the authority to review the decision under the provisions of the law at the same time, consider the responsibility of the head of the Agency in issuing documents with content that is unlawful;

b) officers, public servants in the process Editor, staff appraisal, assessment, through text with content that is unlawful, depending on the nature and extent of the error and illegal content of the text, are responsible in accordance with the law on discipline of public officers.

Disciplinary procedures for officials and public servants comply with the provisions of the law on public officials;  

c) where public officials have violated the behavior in the process of drafting, enacting the text cause serious consequences, it might be recommended to consider, save for criminal liability in accordance with the law.

3. Agency, who issued the text of the notice, the recommendations of the competent authority to check the text that does not perform the self test, text processing is unlawful or not report the results processed according to the rules then dealt with according to the provisions of the law of officers civil servants.

4. The Minister of the Interior, in coordination with the Minister of Justice on specific guidelines the provisions in this article.

Chapter V RESPONSIBILITIES of AGENCIES in INSPECTION PROCESSING, Article 35. The responsibility of ministries, ministerial-level agencies in the work of checking, word processing 1. The responsibility of ministries, ministerial-level agencies: a) building, the competent authority issued or issued under the authority of the text about the test, text processing applied in ministries;

b) build and implement test plans in Authoritive texts inspection of ministries;

c) presiding, in cooperation with the Department of Justice, Office of the Government and relevant agencies in checking, text processing regulations in the field of governance of the ministries themselves by the Ministry, ministerial-level agencies, people's councils and people's committees of provincial level;

d) professional training organization check, text processing for staff, check out text; Organization and management of a team of collaborators checking the text in the administration of the ministries;

DD) Organization of information networks, build and manage the database system serves for checking, text processing in the Ministry, ministerial bodies;

e) six months and annually report the Ministry of Justice on the work test, text processing;

g) merit, discipline and suggested the authority rewarded, discipline the officers, servants and Associates examined the text in the administration of the ministries; rewarding agencies, organizations, individuals have discovered and suggested Ministers, heads of ministerial agencies check, text processing have illegal signs;

h) resolve complaints, accusations of check processing, according to the authority.

2. The responsibility of the Ministry of Justice in helping the Government to manage state on the work test, text processing within the whole country: a) building, the competent authority issued or issued under the authority of the text about the test, text processing;

b) presiding, in collaboration with the Office of the Government, the ministries and agencies concerned the Organization made plans to check the text under the authority of the Minister of Justice;

c) urging, steering, check the perform checks, handle the text of the ministries, local;

d) Guide, check out the work of checking, text processing for The legal organization, ministerial-level agencies, government agencies, the Department of Justice, Office of Justice;

DD) Organization of professional training test, text processing for staff, check out text; Organization and management of a team of collaborators check writing;

e) organize information networks, build and manage the database system serves for checking the text; scientific research organization of check, text processing;

g) summary, summarizing, organized the contest according to the industry, the field of inspection, text processing; six months and annually report the Prime Minister on the work test, text processing within the country;

h) reward, discipline and suggested the authority rewarded, discipline the officers, servants and Associates examined the text in the control; rewarding agencies, organizations, individuals have discovered and recommended to the Minister of Justice to check, text processing have illegal signs;

I) made international cooperation in the field of text processing, check;

k) complaints, accusations of check processing, according to the authority.

Article 36. The responsibility of the provincial people's Committee, the people's Committee at district level in check, handle legal writing 1. The responsibility of the provincial people's Committee, the people's Committee at district level: a) specifies the test regulations, local processing;

b) build and implement test plans in local documents;

c) urging, directing the inspection, local processing;

d) summary, summarizing, organized the contest about inspection, local processing; six months and annually report the Ministry of Justice (for the province level), the provincial people's Committee (for the district level) about the work of checking the text;

DD) coordination and facilitating the inspection agencies perform text checking text according to the authority;

e) professional training organization check writing; Organization and management of a team of collaborators examine local documents; scientific research organization of check writing;

g) organize information networks, build and manage the database system serves for checking the text;

h) reward, discipline and suggested the authority rewarded, discipline the officers, servants and Associates examined the local text; rewarding agencies, organizations, individuals have discovered and suggested the people's Council, the provincial people's Committee, the people's Council, the people's Committee at district level check, text processing have illegal signs;

I) complaints, accusations of check processing, according to the authority.

2. The Department of Justice, the judiciary committees of the same level to help implement state management on work inspection, processing the text set forth in paragraph 1 of this article.

Article 37. These violations of the law in the work of checking, processing of the Agency who has the authority to check the text 1. Do not inspect, handle the text under examination, handling.

2. Do not check, text processing when required by the Superior State bodies or suggestions, recommendations of agencies, organizations, individuals and information agencies.

3. Do not handle or not report, the Agency has jurisdiction to handle the text when the text contains illegal signs.


4. Decision unlawful processing, make a claim, petitions against the law for the Agency, who has texts are examined.

5. check processing, not under the control of processing, check.

6. Do not transfer to the Agency, the competent person check, text processing the text not the jurisdiction test, his handler.

7. The violation of other laws in the process of implementing the provisions of this Decree and other legal texts concerned in the work of checking, text processing.

Depending on the nature and extent of the violations of the law on checking, text processing, agency, authority checking the text must be dealt with according to the provisions of the law.

Chapter VI CONDITIONS WARRANT for INSPECTION PROCESSING, Article 38. Guarantee conditions for the work of checking the text in the range of functions, duties and powers assigned, Minister for ministerial heads, heads of government agencies, the Chairman of people's Committee of the levels are responsible for arranging the funding, organization, staffing and other warranties conditions serves for inspection , processing, reviewing the text.

Article 39. Organizations, payroll check writing based on function, duty, the volume, nature and characteristics of the specific work of the ministries and localities, Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's committees, district level have a responsibility to establish appropriate organizations (the room , Department, group or assigned civil servants who are dedicated), and staffing to effectively perform the task of checking the text.

Article 40. Contributors examine the text 1. Contributors examine the text is chosen among the professionals have experience in the construction field and check the appropriate text with text fields are checked, because the head of 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. check writing authority responsible to the authorities, who have jurisdiction to examine the text in the construction and management of a team of collaborators examine the text.

The scale team of collaborators examine the text of each agency depends on the text range, the text properties of the jurisdiction test.

Article 41. Funding secured for inspection, processing the text 1. Funding secured for inspection and the person doing the work to check the legal text of the Agency, held in level due to State budget levels that guarantee and are combined into the annual budget estimates of the unit.

2. The Minister of Justice in cooperation with the Minister of finance funding specific instructions specified in paragraph 1 of this article.

Article 42. Database system serves for inspection, processing, reviewing the text 1. The Ministers, heads of ministerial-level agencies responsible for reviewing the legal documents of the Parliament, the Commission of the National Assembly, State President, Prime Minister, government regulations on the matter in the scope of the governance of the ministries and legal documents issued by themselves or contact President issued , Chairman of the provincial people's Committee, the district level are responsible for reviewing the text due to the people's Council, the people's Committee issued its level to build the database System as the basis for the legal test, text processing.

2. Director check the text in the Ministry of Justice, head of Legal Affairs Ministry organization, ministerial bodies, government bodies help the Ministers, heads of ministerial agencies, heads of government agencies; The Director of the Department of Justice, the Chief Justice helps people's Committee Chairman the same level perform the review, building the database server for the check processing, according to the authority.

Chapter VII ENFORCEMENT PROVISIONS Article 43. Effect 1. The Decree has effect as from June 1, 2010.

2. Abolition of Decree No. 135/2003/ND-CP dated 14 November 2003 regarding the inspection and handling of legal texts and regulations previously contrary to this Decree.

Article 44. The transitional provisions of the decision, the Minister's directives, ministerial heads; circular between ministries, ministerial-level agencies with the central organ of the social-political organizations issued before 1 January 2009 that have not been cancelled, repealed or replaced by other text shall be examined, processed according to the provisions of this Decree.

Article 45. Responsibility 1. The Minister of Justice shall, within the scope of its powers is responsible for detailing the implementation of this Decree; test, urge and the annual recurring General, reported the Prime Minister about the situation in check, text processing of ministries, ministerial agencies, government agencies and people's councils, committees, provinces and cities under central.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Council, Chairman of the people's Committee of the levels is responsible for the implementation of this Decree.