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Circular 1/2004/tt-Btp: About Guiding The Implementation Of A Number Of Articles Of Decree No. 142/2003/nd-Cp Dated November 14, 2003 By The Government On Screening And Processing Legal Documents

Original Language Title: Thông tư 01/2004/TT-BTP: Về việc hướng dẫn thi hành một số điều của Nghị định số 135/2003/NĐ-CP ngày 14/11/2003 của Chính phủ về kiểm tra và xử lý văn bản quy phạm pháp luật

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CIRCULAR on the guidelines for implementing a number of articles of Decree No. 142/2003/ND-CP dated November 14, 2003 the Government examine and handle the legal text _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 62/2003/ND-CP dated 6 June 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing legal documents;
In order to ensure uniform enforcement of decree 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing of legal documents, the Justice Department guidelines for implementing some of the following byline: i. GENERAL PROVISIONS 1. The text is examined and processed according to the provisions of Decree No. 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing legal documents (hereinafter referred to as the Decree No. 134/2003/ND-CP) include: 1.1. Legal text: a. decision, directive, the circular of the Ministers, heads of ministerial agencies;
b. the joint circular between Ministry, ministerial bodies;
c. joint circular between ministries, ministerial-level agencies with the Supreme People's Court, the Supreme People's Procuratorate, the central organ of the social-political organization;
d. resolutions of the Councils;
Sync decision, directive of people's Committee levels.
1.2. The text contains legal but are not issued by the legal text and the text by the Agency does not have jurisdiction to enact legal text enacted under the provisions of article 26 of Decree No. 142/2003/ND-CP, including: a. the Minister's text , The heads of ministerial agencies, the people's Council, the people's Committee of the level containing the legal but not be issued in the form of texts decision, directive, the circular of the Minister, the heads of ministerial agencies, resolutions of the people's Council, decision, directive of people's committees;
b. text can form and content as the legal text (for example, decisions, directives, circulars and resolutions), the text may not be the legal text but contains legal (for example: dispatch, notifications, rules, regulations, programs, plans and other forms) by the Agency individuals do not have the jurisdiction to enact legal text enacted: Government agency heads, heads of units of the Ministry, ministerial-level agencies, government agencies issued or by the President of the people's Committee, the heads of the specialized agencies in the provincial people's Committee level, issued (including text can form and content as above is redundant commands).
2. content writing test is to check the suitability of the text to be checked with the Constitution, laws, resolutions of the bumper and the text of the Superior State organs; the suitability of the form of text with the text content; the suitability of the content of the text with the Agency's jurisdiction to enact it. In particular: 2.1. Legal base as a basis for enacting legal text (point a and point b of paragraph 1 of article 3 of decree 142/2003/ND-CP) is the legal text of the Superior State organs are in effect at the time of the enactment of that text, including: a. the legal text of the Superior State bodies are competent to rule on the function the Agency's mission, issued the text;
b. the legal text of the Superior State bodies are competent to rule on the matter in the object scope of the text.
2.2. the legal text enacting the right authority includes the authority form and authority on content: a. the authority on form: according to the provisions of the law enacted the legal text in 1996 was amended and supplemented by the law on amendments and supplements to some articles of the law enacting the legal text of 2002 (hereinafter referred to as the law of the enacting the legal text), agency, authority issued the text just been issued the proper text form (the name) the legal text that the law has provisions for the Agency, the authority of which was issued (see point 1.1. of this entry).
b. competence for the content: body, authorized to be issued only the text contents are consistent with his authority be permitted by law or has been assigned, the hierarchy. This jurisdiction is defined in the text of the Superior State bodies are competent to rule on the functions, duties and powers of specific state management of each agency, each level, each for each sector.
2.3. content of the text consistent with the provisions of the applicable law: a. decision, directive, the circular of the Ministers, heads of ministerial agencies must conform with the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Committee of the National Assembly, the orders and decisions of the President , resolutions, decrees of the Government, the decision, the Prime Minister's directives and decisions, only market, the circular of the Ministers, heads of ministerial bodies on the field by the Minister, the Ministerial agency heads that manage;
b. resolutions of the provincial people's Council to be consistent with the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Committee of the National Assembly, the orders, the decision of the President, resolutions, decrees of the Government, the decision, the Prime Minister's directives and decisions, only market , the circular of the Minister, the heads of ministerial-level agencies (hereafter referred to collectively as the text of the central State bodies).
The resolution of the people's Council district level must match the text of the central State organs and the text of the people's Council, the provincial people's Committee.
Resolution of the Council of the people's commune-level must conform to the text of the central State authorities, the text of the people's Council, provincial and district people's committees;
c. decisions, directives of the provincial people's Committee to be consistent with the text of the Central and State organs have to match the resolution of the Assembly of people of the same level.
Decisions, directives of the people's committees at district level to be consistent with the text of the central State organs, the people's Assembly's text, people's committees and have to match the resolution of the Assembly of people of the same level.
The decision, directive of people's Social Committee must accord with the text of the central State organs, the people's Council's text, the people's Committee of the district, and also to fit the resolution of whether the same people;
d. text be examined must conform with the international treaties to which the Socialist Republic of Vietnam signed or joined. For text are examined to adjust the matter was prescribed in the international treaties to which Vietnam has signed or joined the international treaty that is the legal basis to check that text.
2.4. checking text must be presented in the right manner, the prescribed technique back clause 4 Article 3 of Decree No. 142/2003/ND-CP and the regulations of the Minister, the Chairman of the Government Office.
2.5. construction procedure, promulgated and published in the Gazette, reported or published texts are examined in full compliance with the provisions of the law. The event text is detected check contents against the law, the competent authorities check to review construction procedures and issuing documents to serve as a basis for determining the specific responsibilities of the Agency, the authority has issued a written sale is unlawful as well as Agency who is responsible for staff, unlawful content suggestions and recommendations dealt according to the authority.

3. The legal basis for determining the content of the text is unlawful is the test text higher legal force are in effect at the time of check in accordance with Chapter III, "the effect of the legal texts and guidelines applicable legal text" of the law enacting the legal text. Text examination Bureau under the Ministry of Justice, the legal organization of the ministries, the judiciary, local authorities have a responsibility to help the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's committees, district level regularly and promptly review, identify the text higher legal force are in effect at the time of the written test to do the legal basis serves for check writing.
3.1. Text effect: higher legal text to be checked is written due to the Superior State bodies of text are checked issued that the content of the text is examined it is suitable according to the instructions in point 2.3 of this entry.
For example, with regard to decisions, only market, the circular of the Ministers, heads of ministerial agencies, the legal effect is higher than the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Committee of the National Assembly, the orders, the decision of the President, resolutions, decrees of the Government the decision, the directive of the Prime Minister and the international treaties to which Vietnam signed or joined; as for the decision; instruction of the provincial people's Committee, the legal effect is higher than text because the central State authorities issued, the international treaties to which Vietnam signed or joined and the resolution of the Council of the people of the same level; with respect to the decision, the directive of the district people's Committee, the legal effect is higher than text because the central State authorities issued, the international treaties to which Vietnam signed or joined, the text of the people's Council, the provincial people's Committee and the resolution of the Assembly of the people of the same level; with respect to the decision, the directive of the people's Committee of the commune, then writing the legal effect is higher than text because the central State authorities issued, the international treaties to which Vietnam signed or joined, the text of the people's Council, the provincial people's Committee, the district and the resolution of the Assembly of the people of the same level.
In case the text is the legal basis for determining the content of the text is unlawful test has different regulations about the same issue, the applicable text of higher legal force. For example, when checking a circular that found between the Government's Decree and the decision of the Prime Minister Government make legal basis to test circular which has different regulations about the same issue, the application of the provisions of the Decree; When examining a resolution of the people's Council district that saw between the decision of the Prime Minister and the Ordinance of the Standing Committee of the Relevant legal basis Council to examine the resolutions which have different regulations regarding the same matter shall apply the provisions of the Ordinance; When checking a decision of the district people's Committee that found between the resolution of the District Councils and the text of the provincial people's Committee as a basis to examine the legal decisions that have different rules about the same matter shall apply the provisions of the text of the provincial people's Committee.
In case the text is to examine the legal basis are due to an agency issued about the same problem but have different rules, shall apply the provisions of the text to be issued after the; with regard to the text by the Ministers, heads of ministerial agencies issued that have different rules about the same problem, then apply the text of Minister Ministerial heads, the governance of the sector, the field related to that issue.
3.2. legal basis made text to check writing in effect at the time of check out. The time of validity of the legal text is determined by the provisions of article 75 of the law on issuing legal text.
For text content in State secrets then the effective time specified in that text.
With regard to the resolution of the people's Council, decision, directive of people's committees, do not currently have general provisions on time effect of your text should in principle, the text has effect from the date specified text again.
At the same time, the above text is not all the time limit in effect is specified in the text; not yet replaced by new text of key State agencies issued the document; not yet been cancelled, repealed by competent State bodies. The effect of writing detailed rules, instructions executed is attached under the effect of the text are detailed rules, instructions executed. In the case of the text are detailed rules, enforcement guidelines have been modified, added, replace only the contents of the specified text, text enforcement guidelines which continue in force when they are still consistent with the provisions of the new legal text.
The text has been discontinued, effective enforcement as defined in Article 77 of the law enacting the legal text cannot be used as a legal basis to check texts from the time of discontinuation effect for time to continue to have effect as determined by the competent State bodies.
The results of these operations say at this point is the system of writing, the regulations in effect at the time of the written examination, to be updated regularly at the request of the inspection (at the same time the system text, regulation has been law at the time of checking).
4. the written examination Bureau under the Ministry of Justice, the legal organization of the ministries, local justice agencies assigned clues help the Ministers, heads of ministerial agencies, heads of government agencies, provincial people's committees, district level check writing is responsible for building and managing database system serves for checking the text in the vi the authority assigned to it.
4.1. Database Systems consists of the following basic content: a. The legal text has been reviewing to establish the legal basis according to the instructions in point 3 of this Item serves for checking the text under the jurisdiction of ministries and check people Committee granted under the provisions of article 12 and article 13 of Decree No. 135/ 2003/NĐ-CP;
b. test results and text processing (including the legal text and the text is examined and processed according to the provisions of article 26 of Decree No. 142/2003/ND-CP);
c. information on the check services;
d. the information, documents and other data serves for check writing.
Database systems including material written, categorized, arranged a scientific way and step by step information according to the possibilities and conditions of funding allows for convenience of administration, lookup, use.
4.2. Based on the authority and scope of the assigned text check, responsible for gathering, handling the legal text mentioned in detail a, 4.1 points of this entry is assigned, the decentralized according to the following guidelines:

a. the Bureau examined the text of the Ministry of Justice is responsible for reviewing the legal documents of the Parliament, the Committee of the National Assembly, State President, Prime Minister, Government and legal texts by the Minister of Justice issued or contact President issued to establish the legal basis for the written test as prescribed in paragraph 1 article 10 (self test) and paragraph 3 article 12 (check under the authority and helps prime the text check of ministries and local) of Decree No. 134/2003/ND-CP test Department coordinated text with legal organizations to aggregate the ministries of your results say in detail b , point 4.2 of this entry to building common database systems serve to check and text processing;
b. the legal organization of the ministries are responsible for reviewing the legal documents of the Parliament, the Committee of the National Assembly, State President, Prime Minister, government regulations on the matter in the scope of the governance of the ministries and legal texts by the Minister Ministerial heads, which issued or contact President issued to establish the legal basis for the written test as prescribed in paragraph 1 article 10 (self test) and item 2 article 12 (check under the jurisdiction) of Decree No. 142/2003/ND-CP;
c. the Department of Justice is responsible for reviewing the legal texts by the people's Council, the provincial people's Committee and Board combined into the database by checking the text provided serve to check and handle the text under the carpet;
d. judicial Room is responsible for reviewing the legal texts by the people's Council, the district people's Committee issued and combined into the database by the Department of Justice provided to serve to check and handle text according to competence and provide social justice to serve is to check the text of the Council the people, the people's Committee of social level.
In the process of reviewing the text, if found to have text or regulatory inconsistency, overlapping or no longer fit but not enough legal basis to determine the effect of the text or the regulations, the bodies of your organization, to the competent authority report accompanied by recommendations specific proposals, to review the decision.
5. Publish the text processing results contrary to law: 5.1. The result left text handling laws must be published in the Gazette, the mass media in Central, local, as specified in article 9 of Decree No. 142/2003/ND-CP and item 2 article 6 of Decree No. l04/2004/ND-CP dated 23 March 2004 the Government Gazette of the Socialist Republic of Vietnam.
5.2. The publication of the text processing results left the law says in point 5.1 above also apply to the text processing results contrary to the law of Agency, the authority issued a written test issued by his text. For the text of this Item 1.2 points at speaking (article 26 of Decree No. 142/2003/ND-CP), the results of processing must be submitted for all the agencies, organizations and individuals that previously destroyed documents have been submitted; If that text was posted on The news or on the means of mass communication, the results of processing must also be published in the Gazette, give information on the mass media.
5.3. The publication of the results of unlawful processing must be done in the shortest time after a decision disposing of bodies, competent word processing is unlawful. The extent, duration on the text processing results against the law on the mass media must match with the previous popular for text contents against the law have been processed.
6. the written examination Bureau under the Ministry of Justice, the legal organization of ministries and local justice agencies assigned clues help check and text processing is responsible for coordinating closely with the organs of the press, radio, television and other mass information bodies at Central and local levels to timely information on a have illegal content, the text contains legal but are not issued by the legal text and the text by the Agency does not have jurisdiction to enact legal text enacted; on the text processing results unlawful.
II. On the IMPLEMENTATION of SELF TEST and TEXT PROCESSING AS DEFINED in CHAPTER II of DECREE NO. 142/2003/ND-CP 1. The test is made with respect to: a. the legal texts by the Ministers, heads of ministerial agencies, the people's Council, the people's Committee issued (including writing by Ministers, heads of ministerial agencies President issued);
b. the text outlined in point 1.2 section I of this circular when required, recommendations, complaints of bodies, organizations, agencies and information of the individual.
2. for legal documents, as specified in item 1 article 10 of Decree No. 142/2003/ND-CP, responsible organizations check was delivered to the Minister, the heads of ministerial agencies, the people's Council, the people's Committee has issued or the President issued it.
As for the writing spoke in detail b point 1 of this Section, as specified in item 1 Article 26 of Decree No. 142/2003/ND-CP, responsible organizations check was delivered to the Minister, the Ministerial agency heads, heads of agencies in the Government, the people's Council, Chairman of the people Committee where the text was issued.
3. Depending on the nature, scope, requirements management and the number of documents to be issued by each Ministry, local branches, the self check text can be assigned to organize legal affairs ministries, the local judicial authorities directly implement or assign the units under the Ministry , branches, departments, local industry (hereafter referred to as unit) follow the field was put in charge with ensuring the conditions closely and promote the role of legal organization focal ministries, local judicial agencies in building the plan , the urge to track the work test, and report the results to test yourself with the competent State bodies.
The head of the legal organization of the ministries, the judiciary, local authorities have a responsibility to advise Ministers, heads of ministerial agencies, heads of government agencies, the people's Council, the people's Committee of the specific provisions of the Organization's mission and legal affairs ministries, the local judicial authorities in the making clues help the Secretary , The heads of ministerial agencies, heads of government agencies, the people's Council, the people's Committee of the self-test documents prescribed in paragraph 2 article 10, paragraph 1 Article 26 of Decree No. 142/2003/ND-CP and ensure conditions for the work of self-examination.
4. For the text of the legal authority, authorized person sign the issued, the release of the text, the text release unit is responsible for simultaneously send text for the unit was assigned to check that text to perform a self test. When the text contains illegal content or no longer appropriate, the unit was assigned to check the responsibility to notify the unit was drafted, the text, and to coordinate the Exchange to unify the unlawful content or no longer appropriate, consistent measures to handle and prepare draft text handling , reporting to the authorities, who issued a written order to promptly handle according to the authority.

For writing legal organization, contact President ministries are responsible for self check the contents in the field of governance of the ministries themselves, in cooperation with the relevant units in ministries, agencies and organizations have signed the joint text to check the entire text content. Text detection cases have illegal content or no longer appropriate, then the Exchange, discussion and recommendations handle must also have coordination between the agencies signed the joint text.
5. legal organizations ministries, local judicial bodies have the responsibility to track, aggregate results of self-examination and periodic reporting of the work of examination under the provisions of Decree No. 135/2003NĐ-CP and the instructions in point 3 of section IV of this circular.
The Agency has the authority to enact the text has the responsibility of ensuring the funding, staffing and carving conditions for self check his text.
III. ABOUT the TEST PROCEDURE and TEXT PROCESSING AS DEFINED in section 3 of CHAPTER III of DECREE NO. 142/2003/ND-CP 1. The text submitted to the authorities competent to examine text: 1.1. In the latest period is 10 days from the date of signing, agency, authority issued the text to send to the competent authorities examine the text through organizing legislation or judicial bodies (hereinafter referred to as the Agency) under the provisions of article 18 of Decree No. 142/2003/ND-CP. for the text of the Secretary , The heads of ministerial agencies, councils, provincial people's committees shall send to the competent authorities refrain from writing test by industry sector, have to submit to the Bureau a written examination in the Ministry of Justice.
To sending a regular text, promptly under the provisions of Decree No. 142/2003/ND-CP, agency, authority issued the text clearly in the "recipients" of writing the name of the Agency to check the text that I have a responsibility to send the text to check.
1.2. The Agency checked the text to open the "text Book" to track sending and receiving texts sent to test.
2. Head checking the text assigned to the dedicated professionals, collaborators conducted the test text.
Who was assigned to check out is responsible for projecting the text content is checked with the legal basis (the instructions in point 3 of section I of this circular) to review, evaluate and conclusions about the legality of the text is checked.
3. Who was assigned to check the text right top corner of the text that I have checked (to confirm the check) and accompanying reports catalogue texts have been assigned to check.
4. When the text being checked contains content that is unlawful, the person who signs the check text to have reports about test results through "test Votes" text.
4.1. "test Votes" text should have the following contents: name of check writing; the name of the text to be checked and the text for the legal basis to check; unlawful content of text are checked; the opinion of the Auditor on the unlawful content of text are checked; suggest unlawful content processing of text (suspend, amend, revoke or annul part or the entire contents of the text), the remedial measures by issuing, make unlawful cause text and proposed treatment responsible of the Agency , the authority has issued documents is unlawful.
4.2. When recommending treatment illegal content of the text, the text may be checked: a. the proposed form to suspend the enforcement of a section or the entire text in case of wrong that if the content has not been modified, abrogated, cancelled in time and if continued could cause serious consequences , do affect the interests of the State, the legitimate rights and interests of citizens;
b. the proposed revised form in case the text is issued in the right jurisdiction but there is a part of the content does not match the text content of the State agency level on the newly released or no longer fit in with the social-economic situation and the need to have other regulations replacing it;
c. proposed forms of removal of part or all of the contents of the documents in the case that content contrary to the contents of the new documents to be issued is the legal basis of the text be examined without in case of need the modified proposal;
d. proposed form of cancellation of part or all of the contents of the text in the event all or a portion 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 the enactment of that text. The proposed form of cancel also applies with respect to the documents specified in article 26 of Decree No. 142/2003/ND-CP. 4.3. When recommending treatment responsible of the Agency, the authority has issued documents is unlawful, the person checking the text may suggest forms, levels of processing according to the provisions of the law on the responsibility to discipline, civil liability, criminal liability based on the unlawful content and extent of the damage actually caused by the illegal texts According to the provisions of article 8 of Decree No. 142/2003/ND-CP Who check text can also suggest forms of handling responsibility comes on for bodies, who are responsible for staff, the proposed content is unlawful in the case of organs, the person at fault.
5. After the establishment of the votes checked, the check text is set up "records of text has the content against the law" and the head of check writing. The record need: text is checked, the text for the legal basis to test, check the text votes.
6. Head checking the text held discussions, exchange of uniform on the left marks the content of law texts are examined and reported to the Agency, who has issued it self test, processor, announced the result handle to the Agency a written examination prescribed by the law. The case Agency is organizing legislation ministries, the announcement was made in accordance with article 20 of Decree No. 142/2003/ND-CP. Dispatch notice should have the following contents: name text is checked; the legal basis for inspection; comments on the content of the law left the text be examined; request to the Agency, who has texts of self-examination, processed according to the provisions of the law.
The self test, the unlawful processing of the Agency, who has texts which follow the provisions of chapter II of Decree No. 142/2003/ND-CP and the guidance in section II of this circular.
7. To make the self test, text processing is unlawful are good, after sending the message, the text test agency responsible for coordination with the functional unit of the Agency had issued a check to Exchange, discuss the unlawful content of the writing and the direction handle unlawful content. The Exchange, discussion can be made in the form of work directly or check the Agency, the Agency has issued a check (depending on each specific case) held seminars, talks taking the opinion of the experts, representatives of the agencies, other relevant organizations.
8. where the inspection body text does not agree with the result of processing or text that is unlawful does not announce results processed according to the rules, the Agency examined the report text bodies, competent person proceed under the provisions of Decree No. 142/2003/ND-CP.

The report records need: the Agency's inspection report writing; the text to be checked; the legal basis for inspection; vote check writing; the official announcement of the test body text, body text has been examined and other related documents.
9. in case the text has the content in State secrets then the test can be conducted at the Agency have written or tested at the Agency check writing (preferred checking in text is checked). The test and the test records the text must adhere to the security mode as specified by the law.
10. The joint text test was performed according to the instructions of this circular and should ensure the exchange mechanisms, coordination between the agencies signed the President issued text.
11. Checking the documents specified in article 26 of Decree No. 142/2003/ND-CP is made when receiving requests, Petitions, complaints of organized mass information bodies and individual citizens of Vietnam, foreigners (including case by civil servants who are dedicated to check , the Agency examined the text auto detect in the course of checking the text). Testing procedures, handling, cancellation of the text was made according to the provisions of article 26 of Decree No. 142/2003/ND-CP and the guidance in this circular.
12. check text body must "open as text processing with signs contrary to law".
13. The information, check the documentation, text processing must be the Agency examined the periodic classification, text processing inserted into database system according to the instructions in point 4.1 section I of this circular.
IV. ABOUT PERFECTING THE ORGANIZATION, STAFF WORKING ON EXAMINING THE TEXT; 6 month REPORT MODE, EVERY YEAR; EMULATION WORK REWARDED, Discipline, Direction And MANAGEMENT 1. About the whole event organization, the reinforcement of the professional staff responsible for checking text: 1.1. Based on the scope, nature and writing test was authority in law, legal institutions, ministerial-level agencies, government agencies in cooperation with the relevant units of the Ministers, heads of ministerial agencies, heads of government agencies decided to supplement the payroll and the number of officers dedicated to needed to ensure implementation have the efficiency test task text is delivered.
1.2. The Department of Justice, Office of Justice collaborated with the local authorities to build the project on organizing, staffing dedicated to judicial bodies in the working text test in local people's committees report the same level for approval to perform.
1.3. the written examination Bureau under the Ministry of Justice have continued to strengthen the Organization, staffing the Minister of Justice decide; regularly monitor the situation of the whole event organization, the payroll work check the text in the ministries, local, periodic reporting to the Minister of Justice to coordinate with the leadership of the Ministry of industry, directing, urging local and General Government reports, Prime Minister.
2. About the Organization and the management team of collaborators examine text: 2.1. Text test agency responsible to the authorities, who have jurisdiction to examine the text in the construction and management of a team of collaborators examine the text. Selected collaborators among the professionals have experience in the construction field and check the text in the body of the judiciary, the other State management bodies at Central and local levels, research officer, taught law in the research base and legal training , the bodies of other relevant organizations, consistent with text fields are checked.
2.2. The scale team of collaborators of each agency depends on the text range, the text properties of the jurisdiction test. During the inspection, collaborators documents subject to the management, the Agency's guidance documents inspection, operating under the mechanism of the stock or contract term, perform the work required by the Agency to check the text.
2.3. The regime, policies for collaborators are made according to the instructions of the Ministry of Justice and finance.
3. the reporting regime of 6 months, annually: 3.1. 6 month report mode, every year on work to check the text of the ministries, ministerial-level agencies, government agencies, provincial people's committees, district level are implemented as specified in paragraph 1, point g g item 2 Article 32, point c Article 33 paragraph 1 of Decree No. 142/2003/ND-CP. Establish and send report 6 months yearly, about the work of checking the text is done together with the time limit for the General report on the work of 6 months, the Agency's annual report, the unit.
3.2. report 6 months, annually on work to check the text of the ministries, ministerial agencies, government agencies, provincial people's Committee was submitted to the Prime Minister, the Ministry of Justice. 6 month report, annual inspection of the Commission's text-level people are sent to the provincial people's Committee and are combined into a report of the provincial people's Committee.
3.3. the written examination Bureau under the Ministry of Justice, Ministry of Legal Affairs Organization, ministerial-level agencies, government agencies, the Department of Justice, the judiciary is responsible for preparing the report for 6 months and annually on work check writing process Ministers, heads of ministerial agencies, Its head of government agency , Chairman of the provincial people's Committee, the district level.
3.4. report 6 months and annually on work to check the text needs to have the following content: a. oversee the situation examined by the authority in writing of the time, the report includes data synthesis and analysis, reviews for each type of text: do ministries local enactment, were self test and process; was sent to check and fact checked; discovered content is unlawful and asked the Agency, authority issued a written test, the handle; has been processed according to the requirements of the inspection agency has handled by the authority;
b. General evaluation of quality of construction work, the text issued in the field was assigned to check through check writing and recommendations;
c. the situation of pwd text for the legal basis to serve the text test in the area assigned; the result of building the database serves for checking the text;
d. organizational situation, officers working on the text and check conditions of guarantee for the inspect text;
timer operations in implementation of check writing and professional exchanges; the work of training, instruction, professional training check out text;
e. the difficulties, obstacles and recommendations;
g. other related matters.
4. Regarding the work of the emulation, reward and discipline: 4.1. The result, the achievements in the implementation of the tasks of the written examination is one of the standard emulation to consider emulating, rewarded in the merits of the individual units.
4.2. The Agency, organization, individual achievement, completing assigned tasks in the work of checking, text processing be rewarded according to the provisions of article 29, paragraph 1, point h h points and item 2 Article 32, Article 33 paragraph 1 g point of Decree No. 135/2003/ND-CP and rules of law about the reward.
4.3. Agencies, organizations, individuals with violations of the law in the work of checking, text processing as specified in article 30 of Decree No. 142/2003/ND-CP shall be processed under the provisions of the law.
5. About urge, steering, check the perform test text:

5.1. The urge, steering, check the perform text checking must be performed regularly and periodically to ensure the work is done writing checks right regulated by law, timely detect and replicate these initiatives, good experience in the work of checking the text , praised the Agency, organization, individual achievement, prepare those deviations, uncovered the difficulties and obstacles to timely instructions, answers.
5.2. the written examination Bureau under the Ministry of Justice shall assist the Minister of Justice in the urge, directing, inspecting the implementation of inspection documents of the ministries, local.
5.3. the legal organization, ministerial-level agencies, government agencies, the Department of Justice, the justice shall assist the Minister, ministerial heads, heads of government agencies, the Chairman of the provincial people's Committee, the district level in the urge, directing the work of checking the text in the , local branches v. IMPLEMENTATION 1. This circular effect after 15 days from the date The report.
2. the written examination Bureau under the Ministry of Justice, legal institutions, ministerial-level agencies, government agencies, the Department of Justice, the justice shall assist the Minister, ministerial heads, heads of government agencies, the Chairman of the provincial people's committees, district level organizations make to this circular.
3. In the process of implementing, if there are obstacles to timely reflect the recommendations of the Ministry of Justice (through the Bureau examined the text) to research, resolve.