Chương III Nghị định 16/2013/NĐ-CP rà soát hệ thống hóa văn bản quy phạm pháp luật: Nội dung, trình tự, thủ tục hệ thống hóa văn bản

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.