Chương IX: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Rà soát, hệ thống hóa văn bản quy phạm pháp luật

Chapter IX

REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS

Section 1. OBJECTS, PRINCIPLES AND RESPONSIBILITIES FOR REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS

Article 137. Documents to be reviewed and systematized

Documents to be reviewed and systematized include the documents mentioned in Article 4 of the Law, except the Constitution.

Article 138. Principles of review and systematization of documents

1. To review legal documents on a regular basis right upon the availability of a basis for the review; not to omit any document subject to review; to timely process review results; to observe the order of review.

2. To systematize documents on a regular and synchronous basis; to timely announce the Collection of systematized documents which remain effective and lists of documents; to observe the order of systematization.

3. The review and systematization of documents that contain state secrets must comply with the law on state secrets.

Article 139. Responsibilities for review and systematization of documents

1. Responsibilities of a minister or the head of a ministerial-level agency:

a/ A minister or the head of a ministerial-level agency shall review and systematize documents He/she has promulgated or has taken charge of the drafting thereof, and documents submitted by an agency or organization or a National Assembly deputy which regulate matters in the fields under the state management of his/ her ministry or agency;

b/ The head of a specialized unit of a ministry or a ministerial-level agency shall assist his/ her minister or the head of his/ her ministerial-level agency in reviewing and systematizing documents which regulate matters falling within the ambit of the state management functions and tasks of his/ her unit. The head of a legal organization or the head of a unit assigned to perform legal affairs of a general department or an equivalent unit or of a department of a ministry or ministerial-level agency, shall assume the prime responsibility for, and coordinate with relevant units in, assisting his/ her general director or director in reviewing and systematizing documents which regulate matters falling in the state management sector or field of his/ her agency or unit;

c/ The head of a legal organization of a ministry or a ministerial-level agency shall urge, guide, and summarize the results of, review and systematization of documents of the ministry or ministerial-level agency.

The Director of the Bureau of Legal Documents Post-Review of the Ministry of Justice shall urge, guide, and summarize the results of, review and systematization of documents of the Ministry of Justice.

2. Responsibilities of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General:

a/ The Chief Justice of the Supreme People’s Court shall review and systematize documents promulgated by the Judicial Council or Chief Justice of the Supreme People’s Court; documents drafted by the Supreme People’s Court; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the Supreme People’s Court.

The Procurator General of the Supreme People’s Procuracy shall review and systematize documents promulgated by him/ her; documents drafted by the Supreme People’s Procuracy; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the Supreme People’s Procuracy.

The State Auditor General shall review and systematize documents promulgated by him/ her; documents drafted by the State Audit Office of Vietnam; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the State Audit Office of Vietnam;

b/ Heads of units of the Supreme People’s Court, the Supreme People’s Procuracy or the State Audit Office of Vietnam shall review and systematize documents under regulations of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.

3. Responsibilities of a People’s Committee:

a/ A People’s Committee shall review and systematize documents promulgated by itself and its People’s Council; and coordinate with the standing body of its People’s Council in proposing the People’s Council to process the results of review and systematization of documents of the People’s Council;

b/ The chairperson of a provincial- or district-level People’s Committee shall direct specialized agencies of its People’s Committee in reviewing and systematizing documents promulgated by its People’s Council or by the People’s Committee.

The chairperson of a commune-level People’s Committee shall organize the review and systematization of documents promulgated by the commune-level People’s Council and by his/ her People’s Committee;

c/ The head of a specialized agency of a provincial- or district-level People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of his/ her People’s Council and relevant agencies in, reviewing and systematizing documents of his/ her People’s Committee and People’s Council which have contents falling within the ambit of state management functions and tasks of his/ her agency.

The head of the legal organization or a unit assigned to perform legal affairs in a specialized agency of a provincial-level People’s Committee shall assume the prime responsibility for, and coordinate with relevant units in, assisting the head of his/ her specialized agency in reviewing and systematizing documents.

The head of another agency having drafted documents of his/ her People’s Council or People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of his/ her People’s Council, the director of the provincial-level Justice Department, the head of the district-level Justice Division and relevant agencies in, reviewing and systematizing documents;

d/ The director of the provincial-level Justice Department or the head of the district-level Justice Division shall urge, guide, and summarize the results of, review and systematization of documents of his/ her People’s Council and People’s Committee.

4. Responsibilities of a People’s Committee in a special administrative-economic unit:

a/ To review and systematize documents promulgated by itself and its People’s Council; to coordinate with relevant agencies in proposing its People’s Council to process the results of review and systematization of documents of the People’s Council;

b/ To specifically define responsibilities of agencies under its management in assisting the People’s Committee in reviewing and systematizing documents.

5. In case of dissolution, merger, division, or adjustment of the administrative boundaries, of administrative units, the People’s Committee of the new administrative unit shall review and systematize documents promulgated by the People’s Councils or People’s Committees of the old administrative units.

Section 2. PROPOSALS FOR REVIEW OF LEGAL DOCUMENTS, DOCUMENTS USED FOR REVIEW AND SYSTEMATIZATION, BASES FOR REVIEW, FORMS OF HANDLING REVIEWED LEGAL DOCUMENTS, AND USE OF REVIEW RESULTS

Article 140. Proposal for review of a document

1. An agency, an organization or a citizen shall, when detecting a document that contains unlawful, contradictory, overlapping or inappropriate contents, propose a responsible state agency defined in Article 139 of this Decree to review such document.

2. An agency that receives a proposal for review of a document shall consider reviewing such document or transfer the proposal to an agency responsible for reviewing documents and, at the same time, notify such to the proposing agency, organization or citizen.

Article 141. Documents used for review and systematization

1. A document shall be used for review and systematization in the following order of priority:

a/ Master original, original;

b/ Document published on the printed or e-Cong Bao;

c/ Certified true copy, duplicate made by a competent agency or person;

d/ Document in the national legal database;

dd/ Document in the Collection of systematized legal documents announced by a competent state agency.

2. If a consolidated document is available, it shall be used for review and systematization.

Article 142. Bases for review of a document

1. A document used as a basis for review is a document that is promulgated later and contains provisions relating to the document to be reviewed, including:

a/ A legal document that has the legal effect higher than the document to be reviewed; and a legal document of the agency or person that has promulgated the document to be reviewed;

b/ A treaty which the Socialist Republic of Vietnam accedes to after the promulgation of the document to be reviewed.

2. The socio-economic development situation used as a basis for review shall be identified based on the policies and line of the Party and State; and investigation and survey results and practical information relating to the subjects and scope of regulation of the document to be reviewed.

Article 143. Forms of handling a reviewed document

1. Annulment of the whole or part of a document:

a/ Annulment of the whole of a document shall apply in case the subjects of regulation of such document no longer exist or all provisions of such document are contrary or contradictory to or overlap those of the document used as a basis for review, or are no longer suitable to the socio-economic development situation but it is unnecessary to promulgate a replacing document;

b/ Annulment of part of a document shall apply in case some of the subjects of regulation of such document no longer exist or part of the contents of such document is contrary or contradictory to or overlaps that of the document used as a basis for review, or is no longer suitable to the socio-economic development situation but it is unnecessary to promulgate an amending and supplementing document;

c/ An annulled document shall be included in a list to be announced under Article 157 of this Decree.

2. Replacement of a document shall apply in case the whole or majority of contents of such document are contrary or contradictory to or overlap those of the document used as a basis for review, or are no longer suitable to the socio-economic development situation.

3. Amendment and supplementation of a document shall apply in case part of contents of such document is contrary or contradictory to or overlaps the document used as a basis for review, or is no longer suitable to the socio-economic development situation.

4. Promulgation of a new document shall apply in case it is detected through a review that a social relation needs to be regulated by another document having a higher legal effect, or that a social relation needs to be regulated but there is not yet any legal provision to regulate it.

5. Suspension from implementation of part or the whole of the contents of a document shall apply in case the reviewed document has unlawful, contradictory or overlapping provisions which, if not being amended, supplemented, annulled or replaced in time and if being further implemented, are likely to cause serious consequences, affecting interests of the State and lawful rights and interests of organizations and individuals.

6. Cessation of the effect of part or the whole of a document for a certain period shall apply in case of review of a document based on socio-economic development situation in order to settle arising socio-economic issues.

Article 144. Use of results of review and systematization of documents

1. Results of review and systematization of documents shall be used to serve the elaboration of legal documents and improvement of the legal system; search in the process of law application and implementation; and update of information on documents to the national legal database.

2. Results of review of documents shall be used to serve the consolidation of documents, codification of legal norms and control of administrative procedures.

Section 3. CONTENTS AND ORDER OF REVIEW OF LEGAL DOCUMENTS AND PROCESSING OF REVIEW RESULTS

Article 145. Identification of documents used as the basis for review and of documents subject to review

1. A document amending, supplementing, replacing, annulling, suspending the implementation of, or ceasing the effect of, one or more document(s) shall be used as a basis for review; a document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.

2. A document amending, supplementing, replacing, annulling, ceasing the effect of, or suspending the implementation of, a document used as a basis for promulgation of one or more document(s) shall be used as a basis for review; a document promulgated on the basis of a document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.

3. A document amending, supplementing, replacing, annulling, ceasing the effect of, or suspending the implementation of, a document referred to in one or more document(s) shall serve as a basis for review; a document having the contents referred to in the document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.

4. A document containing provisions relating to one or more previously promulgated document(s) shall be used as a basis for review; the previously promulgated document shall be reviewed.

Article 146. Identification of socio-economic development situation for review of a document

The socio-economic development situation for review of a document shall be identified based on:

1. The Statutes, Platform, resolutions, circulars, directives and other official documents of the Party; and official documents of competent state agencies which are related to the document to be reviewed;

2. Investigation and survey results; socio-economic information; statistical data and reports; practical information and data, and other materials relating to the document to be reviewed, which are announced by competent state agencies.

Article 147. Contents of review of a document based on another document

1. Effect of the document.

2. Bases for promulgation of the document.

3. Competence to promulgate the document.

4. Contents of the document.

Article 148. Contents of review of a document based on socio-economic development situation

1. Subjects of regulation of the document.

2. Format of the document.

3. Contents of the document.

4. New social relations which need to be regulated by a legal document.

Article 149. Order of review of a document based on another document

1. The head of an agency or a unit shall assign a person to review documents right after the document used as a basis for review is approved or signed.

2. The document-reviewing person shall identify a document to be reviewed and report it to the head of the agency or unit for decision.

3. The document-reviewing person shall consider and assess the bases for promulgation of the reviewed document in order to fully identify and collect the documents used as the basis for review.

4. The document-reviewing person shall consider and determine the effect of the reviewed document as follows:

a/ In case the reviewed document ceases to be effective or is suspended from implementation under Article 153, or Clause 1, 2 or 3, Article 154, of the Law, He/she shall identify part or the whole of the contents, reason for and time of cessation or suspension of the effect, of the reviewed document. The determination of the effect of a document under Clause 4, Article 154 of the Law must comply with Article 38 of this Decree.

In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 1996 Law on Promulgation of Legal Documents and the 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents, the determination of cases of cessation of the effect of such document must comply with Article 78 of the 1996 Law on Promulgation of Legal Documents.

In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 2008 Law on Promulgation of Legal Documents, the determination of cases of cessation of the effect of such document must comply with Article 81 of the 2008 Law on Promulgation of Legal Documents.

In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees, the determination of cases of cessation of the effect of such document must comply with Article 53 of the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees;

b/ A document identified as ceasing to be effective or having its effect suspended in part or in whole shall be included in a list for announcement under Article 157 of this Decree;

c/ A document identified as remaining effective shall be further reviewed in terms of competence and content as prescribed in Clauses 5 and 6 of this Article.

5. The document-reviewing person shall consider and assess the competence in terms of format and competence in terms of content of the reviewed document.

6. The document-reviewing person shall consider and assess the contents of the reviewed document for identifying provisions that are contrary or contradictory to or overlap those of the document used as a basis for review.

Article 150. Sequence of review of a document based on socio-economic development situation

1. The head of an agency or a unit shall assign a person to review documents right after the socio-economic situation sees a change that is likely to make the contents of a certain document no longer suitable.

2. The document-reviewing person shall identify a document to be reviewed and report it to the head of the agency or unit for decision.

3. The document-reviewing person shall, based on the subjects and scope of regulation of the reviewed document, collect information, materials and documents used as the basis for identifying the change of the socio-economic situation under Article 146 of this Decree.

4. The document-reviewing person shall consider and assess the reviewed document for identifying the contents mentioned in Article 148 of this Decree.

Article 151. Making a document review slip

1. In case a reviewed document has provisions that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are no longer suitable to the socio-economic development situation, the document-reviewing person shall make a document review slip according to form No. 01 provided in Appendix No. IV to this Decree

In case the review results have complicated contents, the document-reviewing person shall propose the head of his/ her agency or unit to consider and collect opinions from related agencies and units for improving the review results.

2. In case a reviewed document has no provisions that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are still suitable to the socio- economic development situation, the document-reviewing person shall not make a document review slip but shall sign in the top comer of the reviewed document and write his/ her full name and date of review.

Article 152. Making a document review dossier

The document-reviewing person shall make a document review dossier, which must comprise:

1. The reviewed document;

2. The document used as a basis for review and relevant documents on the socio-economic development situation;

3. The document review slip;

4. A draft report on review results, made by the agency or unit of the reviewing person to the minister, head of ministerial-level agency or People’s Committee, containing assessments of the effect, competence to promulgate, and provisions of the reviewed document that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are no longer suitable to the socio-economic development situation, and proposed solutions;

5. A draft document on collection of opinions on the processing of review results (if any) from the agency(ies) that jointly promulgate(s) the document under review;

6. A draft document of the ministry, ministerial-level agency or People’s Committee proposing a competent agency or person to handle the document;

7. Other relevant documents.

Article 153. Collection of opinions on and finalization of a document review dossier

1. A document-reviewing agency or unit of a ministry or ministerial-level agency shall collect opinions from the legal organization; a document-reviewing agency or a unit under the Ministry of Justice shall collect opinions from the Bureau of Legal Documents Post-Review; a provincial-level document-reviewing agency or unit shall collect opinions from the provincial- level Justice Department; and a district-level document-reviewing agency or unit shall collect opinions from the district-level Justice Division, on document review results.

The document-reviewing agency shall collect opinions on the document review results from the agency(ies) that jointly promulgate(s) the document under review.

2. The consulted agency or unit shall give a written reply, clearly stating the contents it agrees and disagrees with and reasons, and other opinions.

3. The document-reviewing agency or unit shall finalize the document review dossier based on the collected opinions before submitting it to the minister, head of ministerial-level agency or People’s Committee for consideration and processing.

Article 154. Processing, or proposing the processing, of document review results

1. Ministers, heads of ministerial-level agencies or People’s Committees at all levels shall decide on the processing of, or propose competent agencies or persons to process, document review results.

2. Legal organizations, provincial-level Justice Departments, district-level Justice Divisions or commune-level People’s Committees shall open a “Book for monitoring reviewed documents” according to form No. 02 provided in Appendix IV to this Decree.

Article 155. Review of documents and processing of review results at the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam

The review of documents and processing of review results at the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam must comply with the order prescribed by the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.

Article 156. Review of documents and processing of review results of People’s Councils and People’s Committees in special administrative-economic units

The review of documents and processing of review results of People’s Councils and People’s Committees in special administrative-economic units must comply with the order prescribed by the People’s Committees in special administrative-economic units.

Article 157. Announcement of lists of documents that cease to be effective or have their effect suspended

1. Annually, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General or chairpersons of People’s Committees shall announce their lists of documents that cease to be effective or have their effect suspended and fall within their reviewing responsibility, which include detailing documents that cease to be effective, under Clauses 3,4 and 5, Article 38 of this Decree.

2. A document announcing the list of documents that cease to be effective or have their effect suspended is an administrative decision which shall be published in Cong Bao and on the e-portal or website (if any) of the document-reviewing agency or publicly displayed at the places mentioned in Article 98 of this Decree.

3. A document that ceases to be effective or has its effect suspended and is included in a list for annual announcement is a document that has the time of cessation of its effect or the time of commencement of suspension of its effect falling in the same year (from January 1 through December 31).

In case there is a document that ceases to be effective or has its effect suspended and needs to be announced in the previous period but has not been announced yet, the document-reviewing agency shall include such document in the list of documents for announcement.

4. A decision announcing the list of documents that cease to be effective or have their effect suspended, which is issued by a minister, the head of a ministerial-level agency or a provincial-level People’s Committee chairperson, shall be sent to the Ministry of Justice; such decision of a district-level People’s Committee chairperson shall be sent to the provincial-level People’s Committee and Justice Department; and such decision of a commune-level People’s Committee chairperson shall be sent to the district-level People’s Committee and Justice Division, for monitoring and summarization.

5. A list of documents that cease to be effective or have their effect suspended shall be made according to form No. 03 or No. 04 provided in Appendix IV to this Decree.

Article 158. Handling of documents detected to be unlawful at the time of promulgation

1. When detecting an unlawful document at the time of its promulgation which is subject to examination, the document-reviewing agency shall examine such document or propose a competent agency to examine it under Chapter VIII of this Decree.

2. When detecting that a document of the National Assembly, the National Assembly Standing Committee, the President, the Government, or the Prime Minister contains provisions that are contrary to the Constitution or a law at the time of its promulgation, the document- reviewing agency shall coordinate with related agencies in proposing a competent agency or person to consider and handle such document.

Section 4. OVERALL REVIEW OF THE SYSTEM OF LEGAL DOCUMENTS, REVIEW OF LEGAL DOCUMENTS BY TOPIC, SECTOR OR GEOGRAPHICAL AREA

Article 159. Overall review of the system of documents

1. The Government shall propose the National Assembly Standing Committee to decide on an overall review of the system of documents; and submit a plan on overall review of the system of documents to the National Assembly Standing Committee for promulgation, and organize the implementation thereof.

2. The Ministry of Justice shall assist the Government in formulating, and act as the focal point in organizing the implementation of, a plan on overall review of the system of documents.

Article 160. Decision on review of documents by topic, sector or geographical area

1. The Prime Minister, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General or chairpersons of People’s Committees at all levels shall decide on a review of documents by topic or sector in order to consider and re-assess documents that jointly regulate one or more groups of social relations within a specified period of time.

2. The Prime Minister, ministers, heads of ministerial-level agencies or chairpersons of People’s Committees at all levels shall decide on a review of documents by geographical area in order to consider and re-assess the promulgated documents that have a scope and subjects of regulation within a specified geographical area in order to meet state management requirements or in case of adjustment of administrative boundaries.

Article 161. Plan on review of documents by topic, sector or geographical area

1. A minister or the head of a ministerial-level agency shall assist the Prime Minister in formulating a plan on, and organizing, a review of documents by topic, sector or geographical area as decided by the Prime Minister within his/ her state management competence.

The head of a specialized unit of a ministry or ministerial-level agency shall assist his/ her minister or the head of his/ her ministerial-level agency in formulating, and organizing the implementation of, a plan on a review of documents that regulate matters falling within the state management functions and tasks of his/ her unit.

The head of a specialized agency of a provincial- or district-level People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of the People’s Council and related agencies in, formulating, and organizing the implementation of, a plan on a review of documents of the same-level People’s Committee and People’s Council that regulate matters falling within the state management functions and tasks of his/ her agency.

2. A plan on review of documents must state the purpose, requirements, objects and scope of the review; time and schedule of implementation of the plan; identify responsible and coordinating agencies and units in the plan implementation; and funds and conditions to ensure the plan implementation.

Article 162. Results of overall review of the system of documents and review of documents by topic, sector or geographical area

1. Results of an overall review of the system of documents and a review of documents by topic, sector or geographical area include assessments of the actual status of the system of documents; and recommendations and proposals for handling documents in order to improve the legal system.

2. Results of an overall review of the system of documents and a review of documents by topic, sector or geographical area shall be expressed in a report and lists of documents as follows:

a/ A report on the results of the overall review of the system of documents or review of documents by topic, sector or geographical area, which must clearly state the process of organizing the review; results achieved through the overall review or review; and assessments of the actual status of the system of reviewed documents, and recommendations and proposals for handling documents;

b/ A list of documents remaining effective, including documents that cease to be effective in part: a list of documents that cease to be effective or have their effect suspended in whole; a list of documents that cease to be effective or have their effect suspended in part; and a list of documents that need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated.

The above lists of documents shall be made according to forms No. 03, 04, 05 and 06 provided in Appendix IV to this Decree.

Article 163. Announcement of results of overall review of the system of documents or review of documents by topic, sector or geographical area

1. The Government shall submit results of an overall review of the system of documents to the National Assembly Standing Committee for decision to announce these results.

2. An agency or a person that decides on a review of documents by topic, sector or geographical area shall decide on announcement of its results.

Section 5. CONTENTS, ORDER AND PROCEDURES FOR SYSTEMATIZATION OF LEGAL DOCUMENTS

Article 164. Periodical systematization of documents

Effective legal documents shall be periodically systematized and the systematization results shall be announced once every 5 years. The point of time for identifying documents subject to systematization for announcement (below refereed to as the time of systematization) is December 31 of the fifth year counting from the time of the previous systematization.

Article 165. Contents of systematization of documents

1. Collecting documents subject to systematization.

2. Re-checking the results of reviews of documents and conducting additional reviews.

3. Arranging documents that remain effective according to the criteria mentioned in Article 168 of this Decree.

4. Announcing the lists of documents and the Collection of systematized documents that remain effective.

Article 166. Plan on systematization of documents

1. A plan shall be made for the periodical systematization of documents.

2. Such a plan must have the following contents:

a/ Purpose and requirements of the systematization;

b/ Objects and scope of systematization;

c/ Duration and schedule of systematization;

d/ Assignment of responsible and coordinating units;

dd/ Funds and conditions for implementation.

Article 167. Order of systematization of documents

1. Collecting documents and document review results for systematization:

a/ Documents subject to periodical systematization include documents in the Collection of systematized documents in the previous period of systematization and documents promulgated in the current period of systematization, including those that have not yet taken effect;

b/ Document review results for systematization shall be collected from the databases serving the examination, review and systematization of documents of agencies or persons competent to examine, review and systematize documents.

2. Re-checking document review results and conducting additional reviews:

a/ Document review results for systematization shall be re-checked to ensure the accuracy of th e effect of documents by the time of systematization;

b/ If the document review results fail to update the legal status of a document or it is detected that a document has not yet been reviewed under regulations, the agency or person with reviewing competence shall immediately review such document in accordance with this Decree.

3. Identifying documents subject to systematization:

a/ Based on the document review results already re-checked and additionally review results, the document-systematizing person shall identify documents subject to systematization;

b/ Documents subject to systematization include documents in the Collection of systematized documents in the previous period of systematization which have been reviewed and identified as remaining effective; documents promulgated in the current period of systematization which have been reviewed and identified as remaining effective; and documents promulgated in the current period of systematization but not yet taken effect by the time of systematization.

4. Making lists of documents:

a/ A list of legal documents that remain effective, including legal documents that cease to be effective in part and documents that have not yet taken effect by the time of systematization; a list of legal documents that cease to be effective or have their effect suspended in whole; a list of legal documents that cease to be effective or have their effect suspended in part; and a list of legal documents that need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated;

b/ The above lists of documents shall be made according to forms No. 03, 04, 05 and 06 provided in Appendix IV to this Decree.

5. Arrangement of documents that remain effective into a Collection of systematized documents:

Based on the list of documents that remain effective, the document-systematizing person shall arrange them into a Collection of systematized documents.

6. Announcement of systematization results:

a/ A minister, the head of a ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, or the chairperson of a People’s Committee shall announce document systematization results;

b/ Document systematization results include the lists of documents and the Collection of systematized documents prescribed in Clauses 4 and 5 of this Article;

c/ A document announcing document systematization results shall be issued in the form of administrative decision;

d/ Document systematization results shall be announced within 30 days, for documents promulgated by central agencies, or 60 days, for documents promulgated by People’s Councils and People’s Committees at all levels, from the time of systematization.

7. Document systematization results shall be published on the e-portal or website (if any) of the document-systematizing agency. When necessary, such agency shall issue the Collection of systematized documents in paper form.

The lists of documents promulgated by central and provincial-level agencies which cease to be effective or have their effect suspended shall be published in Cong Bao. The lists of documents promulgated by district-level agencies which cease to be effective or have their effect suspended shall be publicly displayed at the offices of the document-reviewing agencies.

After being announced, if the lists of documents and the Collection of systematized effective documents are found to contain errors, such documents shall be re-reviewed and errors shall be corrected.

Article 168. Criteria for arrangement of documents in the Collection of systematized documents and lists of documents

Documents in the Collection of systematized documents and lists of documents shall be arranged according to the following criteria:

1. State management field of an agency or field decided by the document-systematizing agency.

2. Sequence of documents, in the descending order of their legal effect.

3. Chronological sequence of promulgation of documents, from those promulgated first to those promulgated later.

4. Other criteria to meet state management requirements.

Article 169. Coordination among agencies and units in the systematization of documents

1. Legal organizations of ministries or ministerial-level agencies, the Bureau of Legal Documents Post-Review of the Ministry of Justice, provincial-level Justice Departments or district-level Justice Divisions shall assist their ministers, heads of their ministerial-level agencies or their People’s Committees in formulating plans on systematization of documents and act as the focal points in organizing the implementation thereof.

2. Specialized units of ministries or ministerial-level agencies shall systematize documents according to the sequence of systematization of documents and send document systematization results to the legal organizations of their ministries or ministerial-level agencies for summarization.

A specialized unit of the Ministry of Justice shall systematize documents according to the sequence of systematization of documents and send document systematization results to the Bureau of Legal Documents Post-Review for summarization.

Provincial- or district-level document-systematizing agencies and units shall systematize documents according to the sequence of systematization of documents and send document systematization results to provincial-level Justice Departments or district-level Justice Divisions for summarization.

3. Legal organizations, the Bureau of Legal Documents Post-Review of the Ministry of Justice, provincial-level Justice Departments or district-level Justice Divisions shall re- check document systematization results and submit them to their ministers, the heads of their ministerial-level agencies or the chairpersons of their People’s Committees for consideration and announcement.

4. Coordination among units managed by the Supreme People’s Court, the Supreme People’s Procuracy or the State Audit Office of Vietnam in the systematization of documents must comply with regulations of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.

5. Ministries, ministerial-level agencies or provincial-level People’s Committees shall send reports on document systematization results within 20 days from the date of announcement of these results under Point d, Clause 6, Article 167 of this Decree to the Ministry of Justice for monitoring, summarization and reporting to the Prime Minister.

Section 6. REPORTING REGIME, FORMS USED IN THE REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS

Article 170. Annual reporting regime

1. Annual reporting on the review and systematization of documents by ministries, ministerial-level agencies and People’s Committees at all levels is prescribed as follows:

a/ The Bureau of Legal Documents Post-Review of the Ministry of Justice, legal organizations of ministries or ministerial-level agencies, provincial-level Justice Departments, district-level Justice Divisions or justice-civil status officers shall make annual reports on the review and systematization of documents and submit them to their ministers, the heads of their ministerial-level agencies or the chairpersons of their People’s Committees.

b/ Annual reports on the review and systematization of documents of ministries, ministerial- level agencies and provincial-level People’s Committees shall be sent to the Ministry of Justice for summarization and reporting to the Prime Minister.

Annual reports on the review and systematization of documents of district-level People’s Committees shall be sent to provincial-level People’s Committees and Justice Departments and provincial-level Justice Departments shall summarize and report them to provincial-level People’s Committees.

Annual reports on the review and systematization of documents of commune-level People’s Committees shall be sent to district-level People’s Committees and Justice Divisions, and district- level Justice Divisions shall summarize and report them to district-level People’s Committees.

c/ The time limit for sending reports and the time of collecting data for annual reporting on the review and systematization of documents must comply with the statistical law.

2. Annually, based on reports on the review and systematization of documents of ministries, ministerial-level agencies and provincial-level People’s Committees as prescribed in Clause 1 of this Article, the Ministry of Justice shall summarize and report them to the Prime Minister.

3. An annual report on the review and systematization of documents must have the following contents:

a/ Results of the review and systematization of documents, including data on the number of documents subject to review and number of documents already reviewed, document review results, and handling of the reviewed documents; document systematization results; and results of review of documents by topic, sector or geographical area;

b/ General assessment of the quality of the elaboration and promulgation of documents subject to review or systematization;

c/ Assessment of institutions on the review and systematization of documents; organization, payroll and funds for the review and systematization of documents;

d/ Coordination in the review and systematization of documents; training and retraining in and other conditions for the review and systematization of documents;

dd/ Difficulties, problems and recommendations;

e/ Other relevant matters.

4. The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall provide information on the situation and results of review and systematization of documents under Point dd, Clause 1, Article 186 of this Decree.

Article 171. Forms used in the review and systematization of documents

1. Slip of review of legal documents (form No. 01 provided in Appendix IV).

2. Book for monitoring reviewed legal documents (form No. 02 provided in Appendix IV).

3. List of legal documents that cease to be effective or have their effect suspended in whole (form No. 03 provided in Appendix IV).

4. List of legal documents that cease to be effective or have their effect suspended in part (form No. 04 provided in Appendix IV).

5. List of legal documents that remain effective (form No. 05 provided in Appendix IV).

6. List of legal documents which need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated (form No. 06 provided in Appendix IV).