Nghị định số 16/2013/NĐ-CP của Chính phủ: Về rà soát, hệ thống hóa văn bản quy phạm pháp luật

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 16/2013/ND-CP	Hanoi, February 6,2013

 

DECREE

ON REVIEW AND SYSTEMATIZATION OF LEGAL NORMATIVE DOCUMENTS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Promulgation of Legal Normative Documents dated June 3, 2008;

Pursuant to the Law on Promulgation of Legal Normative Documents of People s Councils and People s Committees dated December 3, 2004;

At the proposal of the Minister of Justice,

The Government promulgates the Decree on review and systematization of legal normative documents.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

1. This Decree specifies the principles, contents, order and procedures for reviewing and systematizing legal normative documents (hereafter referred to as documents); processing of review results; responsibilities for document review and systematization and conditions for assurance of document review and systematization.

2. This Decree regulates the document review and systematization by the ministries, ministerial-level agencies, government-attached agencies and People’s Committees of all levels.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Document review means the consideration, comparison and assessment of the provisions of documents reviewed with other documents which serve as the legal grounds for reviewing as well as the socio-economic development situation in order to detect and handle or propose the handling of unlawful, inconsistent or overlapping provisions or provisions which are no longer effective or appropriate.

2. Document systematization means gathering and arranging the reviewed documents which remain effective according to the document arrangement criteria prescribed in this Decree.

3. Periodical document systematization means document systematization based on backward time marker in order to systematize all documents which have been reviewed and determined to be still effective.

Article 3. Purposes of document review and systematization

1. Document review aims to detect unlawful, inconsistent, or overlapping provisions or provisions no longer effective or suitable to the socio-economic development situation for termination of enforcement, annulment, supersession, revision, supplementation or promulgation of new documents to assure the constitutionality, lawfulness, consistency and synchronicity of the legal system and in line with the socio-economic development situation.

2. Document systematization aims to announce the collection of systematized effective documents and lists of documents which make the formulation, application and enforcement of laws effective and convenient and enhance the publicity and transparency of the legal system.

Article 4. Principles of document review and systematization

1. The document review must be conducted regularly as soon as there are grounds for such review without omitting any document within review responsibility; promptly processing review results; complying with the review order and procedures.

2. The document systematization must be conducted periodically and synchronously; promptly announcing the collection of systematized effective documents and lists of documents; complying with the systematization order and procedures.

Article 5. Responsibilities for document review and systematization

Ministers, heads of ministerial-level agencies or government-attached agencies, and People’s Committees of all levels (hereafter referred to as reviewing agencies) will review and systematize documents as follows:

1. Document review and systematization responsibilities of ministers and heads of ministerial-level agencies or government-attached agencies.

Ministers or heads of ministerial-level or government-attached agencies will review and systematize documents promulgated or drafted by their ministries;  ; documents presented by agencies, organizations or National Assembly deputies with the amended matters under the state management of the Ministries, mistrial-level agencies, which are prepared by agencies, organizations or government-attached agencies.

Heads of professional units of ministries or ministerial-level or government-attached agencies will assist ministers or heads of their agencies in reviewing and systematizing documents which regulate matters under their state management.

Directors of the Legal Affairs Departments of ministries or ministerial-level agencies will urge, guide and summarize the overall review and systematization results of their ministries or ministerial-level agencies for submission to their Ministers or heads.

Heads of legal affairs organizations of government-attached agencies will assume the prime responsibility for, and coordinate with heads of related units in, assisting the heads of their agencies in reviewing and systematizing documents drafted by their agencies; and coordinate with directors of the Legal Affairs Departments of Ministries or ministerial-level agencies in reviewing and systematizing documents related to their sectors or fields of operation.

Heads of legal affairs organizations or heads of units assigned for legal affairs in the General Departments or equivalent or Departments directly under Ministries or ministerial-level agencies will assume the prime responsibility for, and coordinate with related units in assisting their General Directors or Directors in reviewing and systematizing documents related to the sectors or fields under their state management.

The heads of the units assigned to act as the focal point for the document review and systematization of the Ministry of Justice will urge, guide and summarize the overall review and systematization results of the Ministry of Justice.

2. Responsibilities for document review and systematization of People’s Committees

People’s Committees will review and systematize documents that they and People’s Councils of the same level have promulgated; coordinate with the standing People’s Councils in proposing People’s Councils to process the review and systematization results of documents of People’s Councils.

Chairmen of provincial or district-level People’s Committee will direct their professional agencies to review and systematize documents promulgated by their People’s Councils and People’s Committees.

Heads of professional agencies of provincial- or district-level People’s Committees will assume the prime responsibility for, and coordinate with heads of legal affairs sections of People’s Councils and related agencies in, reviewing and systematizing documents of their People’s Committees and People’s Councils of the same level, which regulate matters under their state management.

Heads of legal affairs divisions or units in charge of legal affairs of professional agencies under provincial-level People’s Committees will assume the prime responsibility for, and coordinate with related units in assisting heads of professional agencies in reviewing and systematizing documents under their charge.

Directors of Service of Justice and heads of Justice Division will urge, guide and summarize the overall review and systematization results of related professional agencies for submission to the Chairmen of their People’s Committees.

Chairmen of communal-level People’s Committees will organize the review and systematization of documents promulgated by communal-level People’s Councils and People’s Committees.

3. Responsibilities for document review and systematization in case of adjustment of administrative boundaries

a/ In case an administrative unit is divided into new administrative units, the People’s Committees of the new administrative units will review and systematize documents promulgated by the People’s Council and People’s Committee of the former administrative unit.

b/ In case a number of administrative units are merged into a new administrative unit, the People’s Committee of the new administrative unit will review and systematize documents of the People’s Councils and People’s Committees of the former administrative units.

Article 6. Document review proposed by agencies, organizations and citizens and responsibilities of reviewing agencies upon receipt of proposals

1. Document review proposed by agencies, organizations and citizens

When detecting an unlawful, inconsistent, overlapping or inappropriate document, an agency or organization or a citizen will propose a responsible state agency prescribed in Article 5 of this Decree to review such document.

2. Responsibilities of agencies receiving proposals

a/ An agency which receives a proposal to review a document will review that document under regulations if such review is within its responsibility.

b/ An agency receiving a proposal to review a document which is outside its responsibility will forward that proposal to an agency responsible for reviewing that document and concurrently notify such to the proposing agency, organization or citizen.

Article 7. Sources of documents for review and systematization

1. Documents for review and systematization must be used in the following priority order:

a/ The original;

b/ Documents published on printed and electronic Cong Bao (Official Gazette);

c/ Certified true copies and copies duplicated from the original by competent agencies or persons.

2. In case there are consolidating documents, these documents may be used for review and systematization. In case of technical errors leading to differences in content between consolidating and consolidated documents, consolidated documents may be used for review and systematization.

Article 8. Use of document review and systematization results

Document review and systematization results are used in the formulation of legal documents and improvement of the legal system; and for reference in the application and implementation of law. Review results can also be used for the codification and consolidation of legal documents and control of administrative procedures.

Article 9. Review and systematization of documents with state secret contents

The review and systematization of documents with state secret contents comply with this Decree and the law on protection of state secrets.

Article 10. General document system review, document review under special subject, field and area.

1. The Prime Minister will decide on the general document system review and document review under special subject, field and area according to state management requirements.

2. Ministers, heads of ministerial-level agencies or government-attached agencies and Chairmen of People’s Committees will, within the scope of their functions, tasks and powers, consider and decide on the document review under special subject, field and area (also including review upon adjustment of administrative boundaries).

3. Implementation responsibilities, contents, order and procedures for every document comply with this Decree.

4. Plans on general document system review and document review under special subject, field and area (below referred to as document review plan)

a/ The general document system review and document review under special subject, field and area must be planned.

The Minister of Justice will assist the Prime Minister in planning, and act as the focal point for conducting, the general document review or document review under special subject, field and area involving different Ministries and ministerial-level agencies as decided by the Prime Minister.

Ministers and heads of ministerial-level agencies will assist the Prime Minister in planning and organizing the document review under special subject, field and area under their state management as decided by the Prime Minister.

Directors of the Legal Affairs Departments of Ministries and ministerial-level agencies and the head of the unit assigned to act as the focal point for organizing the document review and systematization will assist their Ministers or heads in planning and organizing the document review.

Directors of Service of Justice, heads of Justice Division and communal-level judicial and civil-status officers will assist Chairmen of People’s Committees of the same level in planning and organizing the document review.

b/ The contents of document review plan must specify the purpose, requirements, subjects, scope of the general review or document review under special subject, field and area; implementation time and schedule; assignment of the implementing agency and coordinating units; funds and conditions to ensure the plan implementation.

Chapter II

CONTENTS, ORDER AND PROCEDURES OF DOCUMENT REVIEW AND PROCESSING OF DOCUMENT REVIEW RESULTS

Article 11. Grounds for document review

1. Review based on documents serving as the legal grounds

A document serving as the legal grounds for document review is the one which is promulgated after, and contains provisions related to, the document to be reviewed, and falls in one of the following cases:

a/ Its legal effect is higher than the document under review, including also treaties which the State or the Government of the Socialist Republic of Vietnam signs or accedes to after the promulgation of the document under review;

b/ It is a document of the very agency or person having competence to promulgate the document under review;

c/ It is a document of an agency or a person having competence to perform the state management of the sector or field at the same level with the agency or person having competence promulgate the document under review.

2. Review based on the socio-economic development situation

The socio-economic development situation is the ground for review will be determined based on the guidelines, lines and policies of the Party and the State; survey results and practical information relating to the subjects and scope of regulation of documents under review.

Article 12. Review contents based on documents serving as the legal grounds

1. Checking the effectiveness of documents under review, including clear determination of the document to be still effective or wholly or partially ineffective.

A document is determined as wholly or partially ineffective when:

a/ The effective term provided in the document under review has terminated;

b/ The document under review has been revised or superseded with a new document of the state agency that has promulgated it;

c/ The document under review is cancelled or annulled by another document of a competent state agency or person;

d/ The subjects of application of the document under review no longer exist;

dd/ The document under review details and guides the implementation of another document of a People’s Council or People’s Committee which is no longer effective.

2. Reviewing the promulgation grounds of documents under review

a/ To identify documents replacing, canceling, annulling and revising the document serving as the basis for promulgation of the document under review;

b/ To identify newly promulgated documents which contain provisions related to the provisions of the document under review.

3. Checking the competence to promulgate documents under review

To consider the conformity of the competence to promulgate the document under review with the document serving as the legal grounds for review, including competence of both form and content.

4. Checking the contents of documents under review

To consider and determine provisions of the document under review which are contrary, overlapping or inconsistent with provisions of the document serving as the legal grounds for review.

In case documents serving as the legal grounds for review contain different provisions on the same issue, to apply the document of higher legal effect. If documents serving as the legal grounds for review promulgated by a single agency which contain different provisions on the same issue, to apply the document which is promulgated later.

Article 13. Order and procedures for review based on documents serving as the legal grounds

1. Identifying documents under review

Reviewing agencies will identify documents for review as soon as documents serving as the legal grounds for reviewing those documents are promulgated.

2. Considering and evaluating promulgation grounds for identification and gathering of all documents serving as the legal grounds for review.

3. Considering and determining the effectiveness of documents under review

a/ Based on the cases of invalidation of documents specified in Clause 1, Article 12 of this Decree, reviewing agencies will determine documents under review as partially or wholly ineffective and concurrently determine the reason for and the point of time of their invalidation.

When a document is determined to be wholly or partially ineffective under Point d, Clause 1, Article 12 of this Decree, the reviewing agency will annul it according to its competence or propose a competent agency to annul the whole or part of that document.

b/ Documents determined to be wholly or partially ineffective must be listed for announcement under Article 20 of this Decree.

4. Considering and evaluating the promulgation competence and contents of documents under review

Documents which are not wholly ineffective under Clause 3 of this Article will be further reviewed in terms of their promulgation competence and contents under Clauses 3 and 4, Article 12 of this Decree.

Article 14. Processing of results of review based on documents serving as the legal grounds

1. Results of review based on documents serving as the legal grounds include the evaluation of the effectiveness, legal grounds and promulgation competence of documents under review; and provisions of documents under review which are contrary, overlapping or inconsistent with provisions of documents serving as the legal grounds for review. Review results are presented in document review reports.

2. Based on document review results, reviewing agencies will handle or make dossiers proposing the handling of documents according to the forms specified in Article 19 of this Decree.

3. Reviewing agencies will handle reviewed documents they have promulgated or coordinate with the agencies that have jointly promulgated documents in handling those joint documents.

The annulment, revision or supersession of documents under review to be handled by reviewing agencies must be carried out in order to be effective concurrently at the effective time of the documents serving as the legal grounds for review. For resolutions of People’s Councils, review results must be processed at the nearest session of the People’s Councils.

4. When detecting through review contents to be handled by another agency, the reviewing agency will make a dossier proposing that agency to handle those contents.

A record proposing the handling of a document under review comprises the document under review, the document(s) serving as the legal grounds for review; the reviewing agency’s proposal to the agency or person competent to handle the document under review; opinions of related agencies and units and other related documents. This record must be sent to the competent agency before the effective date of the document serving as the legal grounds for review.

Article 15. Contents of review based on the socio-economic development situation

A reviewing agency will consider and compare contents of a document under review with the socio-economic development situation in order to identify contents no longer appropriate, specifically as follows:

1. The subjects of application of the document under review no longer exist;

2. Specific provisions of the document under review are no longer appropriate;

3. Provisions of the document under review should be promulgated in a document of higher legal effect;

4. There arise social relations with regulation required but there have not been competent state agencies’ regulations.

Article 16. Order and procedures for review based on the socio-economic development situation

1. Identifying documents for review

A reviewing agency will identify documents for review when the socio-economic situation relating to the subjects and scope of application of those documents changes to an extent which makes the contents of such documents no longer appropriate.

2. Gathering documents serving as the grounds for identifying changes of the socio-economic situation.

3. Considering and comparing provisions of documents under review with those of documents serving as the grounds for identifying changes of the socio-economic situation in order to identify contents no longer appropriate under Article 15 of this Decree.

Article 17. Processing of results of review based on the socio-economic development situation

1. Results of review based on the socio­economic development situation include the evaluation of the subjects of application of documents under review, specific provisions of documents under review which are no longer appropriate, provisions of documents under review which should be promulgated in documents of higher legal effect, and social relations which should be amended by documents of competent state agencies. Review results are presented in document review reports.

2. Based on review results, reviewing agencies will consider and decide to handle documents or make dossiers proposing the handling in the forms specified in Article 19 of this Decree.

3. Reviewing agencies will handle reviewed documents they have promulgated or coordinate with agencies that have jointly promulgated documents in handling those joint documents.

4. When detecting through review contents to be handled by another agency, the reviewing agency will make a record to propose that agency to handle those contents.

A record proposing the handling of a document under review comprises the document under review, the document presenting the socio-economic development situation, the reviewing agency’s assessment report on contents of the document under review which are no longer suitable to the socio-economic development situation, proposal for handling and opinions of related agencies and units.

Article 18. Record of document review

1. Reviewing agencies will formulate record of document review which comprise documents under review, documents serving as the legal grounds for review, documents serving as the basis for identifying changes in the socio-economic situation, documents expressing opinions of reviewing persons, records proposing the handling of documents under review (if any) and other related materials.

2. Records of document review must be kept in accordance with the law on archives.

Article 19. Forms of handling the reviewed documents

1. To suspend the enforcement of part or the whole of the document in case this document has not been revised, annulled or superseded in a timely manner and remains enforced, it might cause serious consequences, harming the interests of the State and the rights and legitimate interests of organizations and individuals.

2. To annul the whole or part of documents

a/ To annul the whole of the document when its subjects of application no longer exist or all of its provisions are contrary, overlapping or inconsistent with the document(s) serving as the legal grounds for review or are no longer suitable to the socio-economic development situation, without necessarily promulgating a superseding document.

b/ To annul part of the document when some of its subjects of application no longer exist or some of its contents are contrary, overlapping or inconsistent with the document(s) serving as the legal grounds for review or are no longer suitable to the socio-economic development situation, without necessarily promulgating a replacing or revising document.

c/ In case of promulgating a document which only annuls the whole or part of a reviewed document, the competent agency or person will promulgate an administrative document on such annulment. The annulled document must be listed for announcement under Article 20 of this Decree.

Document annulling central- or provincial- level documents must be published on Cong Bao and the website of the reviewing agency. Document annulling district- or commune- level documents must be posted up at the office of the reviewing agency and published on this agency’s website (if any).

3. To supersede the document when all or most of its contents are contrary, overlapping or inconsistent with the documents serving as the legal grounds for review or are no longer suitable to the socio-economic development situation.

4. To revise the document when some of its contents are contrary, overlapping or inconsistent with the document(s) serving the legal grounds for review or are no longer suitable to the socio-economic development situation.

5. To promulgate a new document when through review detecting a social relation which should be governed in a document of higher legal effect or a social relation which has not been amended by any regulation.

Article 20. Announcement of lists of wholly or partially ineffective documents

1. Annually, wholly or partially ineffective documents as prescribed at Points a, b, c and dd, Clause 1, Article 12, and Point c, Clause 2, Article 19, of this Decree must be listed for announcement according to the following provisions:

a/ Ministers and heads of ministerial-level agencies or government-attached agencies will announce lists of wholly or partially ineffective documents falling within their review responsibility.

b/ Chairmen of People’s Committees  will announce lists of wholly or partially ineffective documents falling within their review responsibility.

2. A document announcing a list of wholly or partially ineffective documents is an administrative document.

A document announcing a list of wholly or partially ineffective documents at central and provincial levels must be published on Cong Bao and the reviewing agency’s website.

A document announcing a list of wholly or partially ineffective documents at district and commune levels must be posted up at the office of the reviewing agency and its website (if any).

Article 21. Handling of documents with unlawful contents which are detected at the time of their promulgation

1. When detecting through review a document with unlawful contents at the time of its promulgation which must be examined under the Government’s Decree No. 40/2010/ND-CP of April 12, 2010, on examination and handling of legal documents, the competent reviewing agency or person will, pursuant to Decree No. 40/2010/ND-CP, examine according to its/his/her competence or propose a competent agency to examine that document.

2. When detecting through review a document promulgated by the National Assembly, the National Assembly Standing Committee, the President, the Government or the Prime Minister with unconstitutional or unlawful contents at the time of its promulgation, the reviewing agency will coordinate with related agencies in proposing a competent agency or person to handle that document in accordance with law.

Chapter III

CONTENTS, ORDER AND PROCEDURES FOR DOCUMENT SYSTEMATIZATION

Article 22. Methods of document systematization

1. Periodical document systematization

Effective documents promulgated by the National Assembly, the National Assembly Standing Committee, the President, the Prime Minister, ministers, heads of ministerial-level agencies, People’s Councils and People’s Committees at all levels will be periodically systematized and have their systematization results announced once for every 5 (five) years. The point of time for determining documents to be systematized for announcement (below referred to as document systematization time) is December 31 of the fifth year counting from the previous document systematization time.

The first document systematization time nationwide is December 31, 2013.

2. Document systematization as required by state management

Based on state management requirements, competent agencies will decide on document systematization based on special subject or field.

Article 23. Document systematization contents

Document systematization includes collecting documents subject to and within the scope of systematization; re-examining results of regular review of documents subject to and within the scope of systematization (hereafter referred to as re-examination of review result) and additional review; arrangement of effective documents according to set criteria; and announcement of lists of documents and collection of systematized effective documents.

Article 24. Document systematization plans

1. Periodical document systematization must be planned by systematizing agencies.

2. A document systematization plan contains the following main contents:

a/ Purpose and requirements of systematization;

b/ Subjects and scope of systematization;

c/ Implementation time and schedule;

d/ Assignment of implementing and coordinating units;

dd/ Funds and conditions for assurance of the plan implementation.

Article 25. Order and procedures for document systematization

1. Collecting documents and results of review of documents subject to and within the scope of systematization

a/ Documents subject to and within the scope of systematization must be collected by sources of documents under Article 7 of this Decree.

Documents subject to and within the scope of systematization include documents in the previous collection of systematized documents which have been determined to be still effective through review, and documents promulgated in the current systematization period which have been reviewed and determined to be still effective.

b/ Review results of documents subject to and within the scope of systematization will be collected from the database of document review and systematization of agencies and persons competent to review and systematize documents under this Decree.

2. Concluding review result re-examination and additional review

a/ Review result re-examination

Review results of documents to be systematized must be re-examined to ensure the accuracy of their effectiveness by the time of systematization.

b/ Additional review

In case document review results show that the status of effectiveness of documents is not updated or there are documents which have not been reviewed under regulations, competent agencies or persons will promptly review those documents in accordance with this Decree.

3. Listing of documents

a/ General list of documents to be systematized;

b/ List of documents which are wholly or partially ineffective;

c/ List of effective documents;

d/ List of documents which need revision, replacement or promulgation.

4. Arrangement of effective documents in the collection of systematized documents

Effective documents will be arranged in the collection of systematized documents according to the criteria specified in Article 26 of this Decree.

5. Announcement of document systematization results

a/ Ministers and heads of ministerial-level agencies or government-attached agencies will announce document systematization results within their systematization responsibilities. Chairmen of People’s Committees will announce document systematization results within their systematization responsibilities.

Document systematization results include the collection of systematized documents and the lists of documents specified in Clause 3 of this Article.

b/ Document systematization results will be announced in administrative documents.

c/ Document systematization results must be announced within 30 (thirty) days, for central-level documents, or 60 (sixty) days, for documents of People’s Councils and People’s Committees of all levels, after the document by the time of systematization.

6. Document systematization results must be published on the websites (if any) of reviewing agencies. When necessary, reviewing agencies will issue the collection of systematized documents in the form of paper document.

Lists of central- and provincial-level documents which are wholly or partially ineffective must be published on Cong Bao.

Lists of district- and commune-level documents which are wholly or partially ineffective must be posted up at the offices of reviewing agencies.

In case after announcement, lists of documents and the collection of systematized effective documents are detected to contain errors, re­-review and correction must be made.

Article 26. Criteria for arrangement of documents in the collection of systematized effective documents

Documents in the collection of systematized effective documents are arranged according to the following criteria:

1. Field of state management;

2. Hierarchy of documents;

3. Promulgation time of documents;

4. Other criteria meeting state management requirements.

Article 27. Document systematization according to state management requirements

1. According to state management requirements, competent agencies will decide on document systematization based on special subject or field.

2. The document systematization based on special subject or field complies with Articles 23, 24 and 25 of this Decree.

Chapter IV

STATE MANAGEMENT OF DOCUMENT REVIEW AND SYSTEMATIZATION

Article 28. Responsibilities of Ministers, heads of ministerial-level and government- attached agencies

1. To propose competent agencies to promulgate or promulgate according to their competence the legal documents on document review and systematization; and document review plans based on subject or field.

2. To provide professional guidance on, and urge and examine, document review and systematization activities according to their competence.

3. To organize training and retraining in document review and systematization skills and operations for document review and systematization staffs; to organize and manage document review and systematization collaborators under their management.

4. To perform preliminary and final sum-up of document review and systematization under their management.

Ministries, ministerial-level agencies or government-attached agencies will annually send reports on document review and systematization to the Ministry of Justice for summarization and reporting to the Government.

5. To commend and discipline according to their competence or propose competent authorities to commend and discipline cadres, civil servants and collaborators involved in document review and systematization.

6. To settle complaints and denunciations about document review and systematization according to their competence.

Article 29. Responsibilities of the Minister of Justice for assisting the Government in performing the uniform state management of document review and systematization

1. To propose competent agencies to promulgate or promulgate according to his/her competence legal documents on document review and systematization.

2. To provide professional guidance on, and urge and examine, document review and systematization by ministries, sectors and localities.

3. To organize training and retraining in document review and systematization skills and operations for document review and systematization staffs nationwide.

4. To review document review and systematization activities; to annually report to the Government on document review and systematization nationwide.

5. To carry out international cooperation in document review and systematization.

6. To commend and discipline according to his/her competence or propose competent authorities to commend and discipline cadres, civil servants and collaborators involved in document review and systematization.

Article 30. Responsibilities of People’s Committees at all levels

1. To specify focal points and mechanisms for assignment and coordination and conditions to ensure document review and systematization work; to issue document review plans based on special subject, field and area in their localities.

2. To provide professional guidance on and urge document review and systematization work in their localities.

3. To organize training and retraining in document review and systematization operations; to organize and manage document review and systematization collaborators in their localities.

4. To review document review and systematization activities of their localities; to annually report on document review and systematization to the Ministry of Justice (for the provincial level), provincial-level People’s Committee (for the district level) or district-level People’s Committees (for the commune level).

5. To commend and discipline or propose competent authorities to commend and discipline cadres and civil servants and collaborators involved in document review and systematization in their localities.

6. To settle complaints and denunciations about document review and systematization according to their competence.

Chapter V

CONDITIONS FOR DOCUMENT REVIEW AND SYSTEMATIZATION ASSURANCE

Article 31. Conditions for document review and systematization assurance

Within their assigned functions, tasks and powers, ministers, heads of ministerial-level and government-attached agencies and People’s Committees of all levels will allocate funds and staff and other conditions for document review and systematization assurance.

Article 32. Staffs for document review and systematization

Based on their functions, tasks and volume, nature and characteristics of specific work of their Ministries, sectors and localities, ministers, heads of ministerial-level or government-attached agencies, Chairmen of People’s Committees  and heads of professional agencies of provincial and district-level People’s Committees will arrange appropriate staffs to effectively review and systematize documents.

Article 33. Funds for assurance of document review and systematization

Funds for assurance of document review and systematization, general document review and issue-, field- and locality-based document review and staffs for this work of agencies and organizations will come from the state budget of the same level of those agencies and organizations and be included in their annual state budget estimates. The estimation, use and settlement of funds of agencies and organizations comply with the Law on State Budget and its guiding documents.

Article 34. Document review and systematization collaborators

1. Document review and systematization collaborators are persons experienced in lawmaking and document review and systematization relevant to the fields of documents to be reviewed and systematized. The number of document review and systematization collaborators of each reviewing agency depends on the scope and characteristics of documents to be reviewed and systematized by such agency.

Article 35. Database of document review and systematization

1. Ministries, ministerial-level agencies and provincial and district-level People’s Committees will update the following contents in the database serving as the legal grounds for document examination and handling under the Government’s Decree No. 40/2010/ND-CP of April 12, 2010, on examination and handling of legal documents:

a/ Documents serving review and systematization;

b/ Information on the legal status of documents;

c/ Document review records under Article 18 of this Decree;

d/ Document systematization results;

dd/ Other related materials.

2. The database specified at Point a, Clause 1 of this Article will be connected uniformly from the information system of legal documents from central to local levels.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 36. Effect

1. This Decree takes effect on July 1, 2013.

2. To annul Article 62 of the Government’s Decree No. 24/2009/ND-CP of March 5, 2009, detailing and providing measures to implement the Law on Promulgation of Legal Documents, and Article 12 of the Government’s Decree No. 91/2006/ND-CP of September 6, 2006, detailing a number of articles of the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees, and previous provisions which are contrary to this Decree.

Article 37. Implementation responsibilities

1. The Minister of Justice will, within his/her tasks and powers, detail the implementation of this Decree; and examine and urge ministries, ministerial-level and government-attached agencies and provincial-level People’s Committees in implementing this Decree.

2. The Minister of Public Security will assume the prime responsibility for, and coordinate with ministers, heads of related ministerial-level and government-attached agencies in, promulgating documents specifically guiding the review and systematization of documents with state secret contents as prescribed in this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and People’s Councils and People’s Committees of all levels are liable to execute this Decree.-

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung