The Decision To 2015/2007/qd-Ttcp: Issued The Regulations On The Activities Of The Inspector Of The Government In The Preparation, Appraisal, Issued Legal Documents

Original Language Title: Quyết định 2015/2007/QĐ-TTCP: Ban hành quy chế về các hoạt động của thanh tra Chính phủ trong việc soạn thảo, thẩm định, ban hành văn bản quy phạm pháp luật

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The DECISION, issued the regulations on the activities of the Inspector of the Government in the preparation, appraisal, issued legal text _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the INSPECTOR GENERAL issued pursuant to the law the legal text on November 12, 1996 and the law amending and supplementing some articles of the law enacting the legal text on December 16, 2002;
Pursuant to Decree No. 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law issued legal documents and the law on amendments and supplements to some articles of the law enacting the legal text;
Pursuant to Decree No. 55/2005/ND-CP on April 25, 2004 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
According to the proposal of the Director General, Legal Affairs, of the DECISION: article 1. Attached to this decision, "the regulation of the activities of the Inspector of the Government in the preparation, appraisal, issued legal documents".
Article 2. This decision takes effect after 15 (fifteen) days from the date The report.
Article 3. Office Manager, Director of Legal Affairs, heads of Service, Bureau, government inspection units responsible for the implementation of this decision.

 



INSPECTOR GENERAL (signed) Tran Van Transmission REGULATION on activities of the Inspector of the Government in the preparation, evaluation and issued legal documents (attached to decision No. 2015/2007/QD-TTCP on 26/9/2007 of the Inspector General) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter 1: GENERAL PROVISIONS article 1. Scope this regulation regulates the activities of the Inspector of the Government in the preparation, appraisal, issued legal documents.
Article 2. The object to apply these rules applicable to the Service, Department, unit (hereinafter referred to as units) and officers, public servants in the Government Inspector is related to the preparation, appraisal, issued legal documents.
Article 3. Legal documents by government inspectors chaired drafting or editing 1. Law, resolutions of the National Assembly; Ordinances, resolutions of the Standing Committee of the National Assembly that the Government inspectors are tasked with chairing the drafting process of the Government to the National Assembly, the Standing Committee of the National Assembly.
2. Resolutions, decrees of the Government, the decision, the Prime Minister's directive that government inspectors are tasked with chairing the drafting to the Government, the Prime Minister issued.
3. The decision, directive, by the Inspector General of the circular issued by the authority.
4. Circular resolutions, President between government inspectors with the ministries, ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate, the State Auditor; the central organ of the Organization of politics, social-political organizations.
Article 4. Construction principles and issued legal documents legal texts are built, issued according to the following rules: 1. Consistent with the Constitution, laws and ordinances and legal documents of the Superior State organs; ensuring uniformity, synchronization of the legal system.
2. Fit the program building laws and ordinances and legal documents of State agencies.
3. Consistent with the provisions of the law on issuing legal documents and regulations.
4. Fit the operating practices of the Government Inspector.
Article 5. Formula and techniques presented legal writing 1. Formula and techniques presented legal text is made according to the provisions of article 5 of Decree 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law enacting the legal text and the law amending and supplementing a number of articles of the law on issuing legal documents and Information portfolio No. 55/2005/TTLT-BNV-VPCP on 06 May 2005 between the Ministry of the Interior-Office of government guidance on Protocol and techniques presented in the text.
2. the legal texts by the Inspector General of registration issued to get the number in writing in the Office of the Government Inspector.
Article 6. Time effect and the amendments, additional legal texts 1. The time of validity of the legal text is made according to the provisions of article 6 of Decree 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law enacting the legal text and the law amending and supplementing a number of articles of the law enacting the legal text.
2. The amendments and supplements the legal text is made according to the provisions in paragraph 3 article 1 of law amendments and supplements to some articles of the law enacting the legal text.
Article 7. The expense of building the legal text 1. Funding for construction activities legal text due to State budget guarantees, are balanced in funding the Agency's often genera Inspector and Government funding to support the construction of the law every year from the State budget according to the provisions of the law on the State budget. Other funding sources: aid, funding of organizations and individuals in and outside the country (if any).
2. The management and use of funds to build the legal text is done according to decision No 69/2000/QD-TTg dated 19/6/2000 of the Prime Minister issued the regulation on the management and use of funds to support construction of the legal text; Circular No. 100/2006/TT-BTC dated 23/10/2006 the Ministry of Finance shall guide the management and use of State budget funds secured for the formulation of the legal text; Decision No. 1180/QD-TTCP on 04/6/2007 of the Government inspectors issued regulating the use of State budget funds serve for the formulation of the legal text of the Government Inspector.
3. The base building program legal texts, Legal Services is responsible for coordinating with host units drafting legal documents General planned funding for the construction of legal documents by government inspectors drafted reunification with the Office and reported government inspectors leadership review decision.
4. The Office has the responsibility to guide the establishment of estimation, level of funding, check the use, payment of funds to build the legal text as prescribed by law.
Chapter 2 ESTABLISHMENT of the PROJECTED CONSTRUCTION PROGRAM LEGAL TEXTS article 8. Responsibility for recommendations, expected the program, report expected programme implementation to build legal writing 1. The responsibilities of the units in the proposal, setting the expected program, implemented the program build legal documents include: a) annual inspection of units proposed government program to build legal documents relating to his field of responsibility to Service legislation before 1 June of the previous year for the law project Ordinances, resolutions of the National Assembly; before the day of 10-20 years ago for documents issued under the authority of the Government, the Prime Minister and before 30 November of the year before for text under the authority of the Inspector General;
b) six-month recurring, annual progress report building the text was delivered in the program to build the legal text has been issued about the legislation.
2. Responsibility of Service legislation in the proposal, setting the expected program, implemented the program build legal documents include: a) General and proposed construction program in the legal text of the Parliament, the Commission of the National Assembly, the Government, the Prime the Inspector General suggested the Government review , The Prime Minister (through the Office of the Government and the Ministry of Justice);
b) synthesis and proposed construction program in the legal text of government inspectors to the Inspector General for approval;
c) track, guide, inspect, urging units of government inspectors and send the proposed programs, implement the program to build the legal documents have been issued;
d) six-month recurring, annual, Legal Service, in collaboration with the Unit reviews the results of the program to build the legal text of the Inspector General report.
Article 9. The expected content of the program to build the legal text the content expected the program to build the legal text include: 1. The need for enacting the text.
2. Scope, object applies; the content of the text.
3. The Agency chaired drafting, coordinating body, the Agency issued, expected time to process the text.
4. Prediction of socio-economic impacts, the feasibility of the text after it is issued.
5. Provision of funds to build the text.
Article 10. The Authority decided to propose program and approval of the construction program of legal texts 1. Inspector General decided to propose the text construction program legal authority issued by the Government, the Prime Minister that the content of State management under the authority of the Government Inspector and the Government proposal to Congress, the Commission of the National Assembly scheduled to build legal documents under the authority of a Congressional enactment , The Commission of the National Assembly.
2. The Inspector General approved the program to build the legal text in the authority issued by the Inspector General.
Article 11. Adjust the program to build the legal text 1. Unit case presided over drafting legal documents it deems do not follow the time specified in the program to build the legal text then the text Service must have legislation stating reasons; Service legislation in cooperation with the Office of the Inspector General report general review decided against the text because the Inspector General issued or suggest Authority decided to adjust the program to build the legal text in the authority issued by the Government, the Prime , Congress, the Standing Committee of the National Assembly.

2. where it is necessary to amend, Supplement, remove content in the program to build the legal text then the unit heads in the Government Inspector has text stated the reason for sending the Service legislation to the General Inspector General review, the decision or the Inspector General suggested the authority to decide.
Chapter 3: drafting, EVALUATION, the LEGAL TEXTS by the GOVERNMENT, the PRIME MINISTER DELIVERED to GOVERNMENT INSPECTORS CHAIRED DRAFTING article 12. Drafting of bills, ordinances, draft resolutions of the Assembly, the Standing Committee of the National Assembly of the draft resolution, the Decree of the Government.
1. The drafting of bills, ordinances, draft resolutions of the Assembly, the Committee of the National Assembly, the draft resolution, the Decree of the Government made under the provisions of article 22 of Decree 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law enacting the legal text and the revised Law addition of some articles of the law enacting the legal text.
2. Activities of the Committee drafting the draft project, is made in accordance with decision No. 03/2007/QD-TTg dated October 1, 2007 by the Prime Minister issued the regulation on organization and operation of the drafting Committee.
Article 13. Draft legal text of the Prime Minister 1. The draft legal text of the Prime Minister to follow the provisions of article 23 of Decree 163/2005/ND-CP of the Government on December 27, 2005 detailing and guiding the implementation of some articles of the law enacting the legal text and the law amending and supplementing a number of articles of the law enacting the legal text.
2. Activities of the Committee drafting the legal text of the Prime Minister was made in accordance with decision No. 03/2007/QD-TTg dated October 1, 2007 by the Prime Minister issued the regulations on the Organization and operation of the drafting Committee.
Article 14. Prepare, submit records project, the draft suggested the Justice Department evaluation 1. Host unit drafted in collaboration with the Service legislation, the drafting Committee, the editorial preparation of draft records legal documents suggest the Justice Department evaluation.
2. The records suggest that the Ministry of Justice evaluators include: a) The text of the proposed government inspectors assess the draft text;
b) draft the Government Papers on the project of law, Ordinance, draft resolutions of the Assembly, the Committee of the National Assembly, the draft decree, the Government's resolution, draft sheets the Prime on the draft decision, the directive of the Prime Minister;
c) project, the draft was Inspector General of the Government decision, the prime consideration;
d) A synthesis of the opinions of the ministries, agencies, relevant organizations on the project, draft and copy the comments of ministries, agencies and organizations; a general opinion of the objects subject to the direct impact of the text, people's opinions about the project, draft (if any); a explanation on the receiving, not comments on the project, draft;
The number of documents specified in point b, point c d fig account 2 this is 10 (ten).
3. Service legislation legal opinions for the draft legal text specified in paragraph 1 of this article before sending the Justice Department evaluation. Time Service legislation legal opinions for the text not to exceed 5 (five) working days from the date of receiving the text.
4. Unit chaired the research editor receiving the opinion of the Legal Service to improve the draft. With respect to these issues are also different opinions, presided over the drafting unit must have the Sheet Inspector-General explanation about receiving or not receiving opinions of the Legal Service.
Article 15. The newspaper content must process Sheet stating the need to enact text, the purpose of the request, the scope, subject to the drafting process, the basic content of the draft, the issues are also different opinions. The case is also different opinions the drafting unit, the editor must be stated in full the various opinions, at the same time stating the proposed opinion perspective, the direction of the resolution on that issue to ask for guidance.
Article 16. The award, receiving the appraisal comments process, acquiring evaluation comments follow the instructions in article 33 of Decree 163/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of some articles of the law enacting the legal text and the law amending and supplementing a number of articles of the law on issuing legal documents the law.
Article 17. The Government, the Prime project, draft 1. Host unit drafted in collaboration with legal Services, the Office prepared draft project profile to the Inspector General of Government, the Prime Minister.
2. The records include: a) the sheets of the Government, the Prime Minister about the project, draft;
b) project on laws and ordinances; the draft resolutions, decrees, decisions, only market;
c) A general opinion about the project, the draft of the ministries, relevant local (attached to the comment text of ministries, local project, draft);
d) dispatch of evaluation the Department of Justice about the project, draft;
DD) other relevant documents (if any);
e) draft guidance documents (if any).
3. The number of project records, draft the Government, Prime Minister: a) the number of projects of laws and ordinances; draft resolutions of the Assembly, the Committee of the National Assembly; the draft resolution, the Government Decree of 80 (eighty);
b) the number of records the draft decisions, the prime directive is 5 (five).
4. the Government Newspaper, the Prime Minister because of the Inspector General (or Deputy Inspector General was authorized Inspector General) signed and stamped in accordance with the regulations.
Chapter 4: drafting, EVALUATION, ISSUED in the LEGAL TEXT of the INSPECTOR GENERAL and the LEGAL TEXT PRESIDENT Article 18. Organize text editor base construction program, enacted the legal text of government inspectors and requirements, the nature of the text is drafted, Inspector General of the decision: 1. Specify the unit in the Government Inspector chairing text editor.
2. Establishing a text drafted by the heads of units drafting is the presiding Minister. In case of need for the construction of joint text, the text should have the participation of agencies, related organizations, then suggest the Agency, held that the election officers involved Editor.
Article 19. The nest Editor 1. Unit heads presided over drafting legal documents is responsible for the Exchange in writing with the legislation and the relevant units of the election officers involved and the General Inspector General decided to set up a nest.
2. The responsibility of drafting a) summarizing the law enforcement situation, reviews the legal texts relevant to the current draft text; survey, evaluate the reality of social relations related to the main content of the draft text;
b) research information, material related to the draft text;
c) building outline, compiled and corrects the draft text according to the provisions of article 20 and article 25 of this regulation;
d) organize text editor according to schedule, quality assurance; According to the provisions of article 21 of this regulation;
DD) suggest that the Inspector General and the decision to organize the opinions of the agencies, organizations, individuals concerned according to the provisions of article 22 and Article 23 of this regulation;
e) prepare papers and relevant documents the Inspector General as defined in article 15 and article 33 of this regulation.
Article 20. Build the outline of legal texts 1. Based on the purpose of the requirement of issuing legal documents, drafting construction outline of the legal text. The outline should contain the following: a) the scope, subject to the legal text;
b) structure, the layout of the legal text;
c) content should mentioned in each chapter, item.
2. The outline must be approved by the Inspector General.
Article 21. Drafting legal texts 1. Based on the outline of legal documents, drafting the details of the content of the article, paragraph, point in the chapter, item of the draft legal text.
2. The draft shall be the members of the drafting adjustments, finishing before the Inspector General.
Article 22. Comments on the draft legal text 1. Legal documents must be consulted by the unit in the Government Inspector and the ministries concerned.
2. The comments are made in the following forms: a) the heads of unit chaired the drafting held opinions joined by the unit; leader of the Government Inspector chairing the Organization consulted The industry, provincial people's Committee;
b) in the case of necessity to organize seminars on the content of the draft legal text, the Inspector General decided the scale and form of the seminar.
Article 23. Held opinions of the object and effect of the scientist 1. In case of need can get the opinions of scientists, experts on the content of the legal texts.
2. Form opinions: a) through text please comments;
b) through the mass media and the internet;
c) through expert lease;
d) organizations, conferences and workshops in accordance with point b, item 2 Article 22 of this regulation.
Article 24. General comments and save the profile draft legal text 1. The opinions specified in article 22 and Article 23 of this regulation should be put into the record the draft text.
2. On the basis of the comments provided in paragraph 1 of this article the nest General Editor for inclusion in the draft track record to the text.
3. Unit chaired text editor is responsible for storing and preserving records the draft text.
Article 25. Modify, finalize the draft text 1. The draft text must be justified based on the opinions specified in article 22 and Article 23 of this regulation.
2. within 5 (five) working days from the date of receiving the evaluation comments, the editor must research, acquiring evaluation comments to modify, finalize the draft text.
Article 26. Responsible for the evaluation

1. Service legislation is responsible for evaluation of the draft text by the units of government inspectors drafted before the Inspector General of registration issued.
2. in case the draft requires the coordination of evaluation units are involved, the Legal Services report to Inspector General assigned to the unit coordinating the appraisal.
Article 27. The responsibility of presiding over the drafting of the text of the evaluation 1. Send the application appraisal according to the provisions of article 28 of this regulation to Service legislation.
2. Provide the information, documents and presentations on the draft to be appraised at the request of the unit responsible for evaluation.
3. valuation opinion research to modify, finalize the draft according to the provisions in clause 2 article 25 of this regulation.
4. the award text to send to the Service before the legislation process of the Inspector General.
Article 28. Profile evaluation profile evaluation proposal draft legal text by presiding Editor to send Service legislation include: a) the text of the proposal evaluation;
b) Draft Documents the Inspector General as defined in article 15 of this regulation;
c) draft legal text;
d) A General Prize, receiving the comments in accordance article 24 item 2 ears of this regulation.
DD) references (if any).
The number of documents specified in point b, c, d and DD this is 5 (five).
Article 29. Content content evaluation appraisal the draft legal text include: 1. The need for enacting the text.
2. The object, scope of the draft.
3. Conformity with the party's policies and guidelines.
4. Constitutionality, legality and consistency of the draft with the legal system; the suitability of the content of the draft with international treaties to which the Socialist Republic of Vietnam is a member.
5. Feasibility of the draft.
6. Compliance with the order, the drafting procedure.
7. language, technical text editor.
Article 30. The Organization of appraisal Service legislation 1. Within fifteen (15) working days from the date of receipt of a valid application in accordance with Article 28 of this regulation, the legal service to conduct research and complete the evaluation.
Evaluation profile the case lacks one of the documents stipulated in article 28 of this regulation, Service Unit sent back legislation chaired drafted immediately after the receipt of the record and suggested the unit chaired drafting complementary profiles. Evaluation time will be counted from the date of Service legislation receive a valid profile.
2. where necessary, the legislation held opinions involved the evaluation under the following forms: a) Submitted evaluation profile comments, individual units concerned;
b) in collaboration with the unit of chairing the Organization of meetings, drafting opinions involved the appraisal with the units and individuals concerned;
3. In the process of due diligence, Legal Services Unit may request the presiding Editor to provide more information, the relevant document to clarify the content of the draft.
Article 31. Legal value of appraisal comments 1. Comments evaluation unit must be chaired the drafting of research followed to complete text and the explanatory report, the Inspector General.
2. the appraisal comments is grounds for the Inspector General to review the decision issued text.
Article 32. Responsible for signing issued legal documents 1. Chaired the drafting unit is responsible for preparing the signing of Inspector General records issued text. Unit heads chaired drafting signed the Sheet Inspector General on the text.
2. The Office is responsible for receiving, checking records and signing text format according to the provisions of article 5 and article 33 of this regulation. If the formula and rules text records, the Office is responsible for the Inspector General of registration issued.
3. in case records or incorrect text format rules, the Office drafted units to be sent immediately after receipt of the request and the records unit chaired the drafting is complete.
Article 33. The Inspector General of registration records issued the record Of the inspection mentioned in clause 2 Article 32 of this Regulation include: 1. the Sheet Inspector General after receiving comments evaluation.
2. The draft decisions, directives, circulars, contact President law text.
3. A general explanation, the next currency comments join the draft.
4. The text of the assessment Service legislation.
5. The opinion of the Agency, the Organization of the same name released for legal President.
6. other relevant documents (if any).
Article 34. Sign issued legal documents 1. The Inspector General is the person who signed the promulgation of legal texts.
2. where necessary, the Inspector General took the decision to add the opinion of the authority, relevant organizations, require additional management, custom text before signing.
Article 35. Responsible for releasing the legal text after legal documents are signed, the Office is responsible for the number of text, printing, stamping, host, send the text for individual organizations as "where" and send the signed for presiding over the drafting of regulations.
Article 36. Submit legal documents 1. As soon as the Inspector General of the signed documents, unit chaired drafting legal documents sent to the Office of two (2) original electronic file attached.
2. in a slow time of two (2) working days from the day the Inspector General Register Office documents issued to send legal documents of government inspectors to the Government Office two (2) original electronic file attached to the Post Gazette.
3. in a slow time for three (3) working days from the date of signing, the Office sent the legal text of government inspectors to check writing Bureau (Ministry of Justice), the Legal Services Ombudsman and Legal Services the Government ministries involved (if available) to check under the authority. To contact President text with the Ministry of Justice in addition to the aforementioned Office units also must submit to the Board the construction law (Government Office) to check.
4. send the Office software legal text has been Inspector General of registration issued to the information centre of the Government inspectors to be posted on the website (web) Government and onto the website of the Government Inspector.
5. Sending Post Gazette legal text of government inspectors as stipulated in article 8 of Decree 163/2005/ND-CP of the Government on December 27, 2005 detailing and guiding the implementation of some articles of the law enacting the legal text and the law amending and supplementing a number of articles of the law enacting the legal text.
Chapter 5: terms of ENFORCEMENT of Article 37. Responsibility 1. Service in collaboration with the Office of Legal Affairs monitor, guide and supervise the implementation of this regulation.
2. The head of the unit responsible for the popular, urge, examine the implementation of this regulation in its unit in charge. In the process, if the provisions of this regulation was not appropriate, the unit need timely reflection on Service legislation for the Inspector General to review the decision.