Decision No. 126/QD-TTg dated January 25, 2018 of the Prime Minister on promulgating the Plan on nationwide uniform systemization of legal documents of the 2014-2018 period

DECISION

Promulgating the Plan on nationwide uniform systemization of legal documents of the 2014-2018 period[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to Article 170 of the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to Article 164 of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of and measures for implementing the Law on Promulgation of Legal Documents;

At the proposal of the Minister of Justice,

DECIDES:

Article 1.To promulgate together with this Decision the Plan on nationwide uniform systemization of legal documents of the 2014-2018 period.

Article 2.This Decision takes effect on the date of its signing.

Article 3.Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

PLAN

On nationwide uniform systemization of legal documents
of the 2014-2018 period

(Promulgated together with the Prime Minister’s Decision No. 126/QD-TTg of January 25, 2018)

In accordance with the 2015 Law on Promulgation of Legal Documents (Clause 2, Article 170) and the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of and measures for implementing the Law on Promulgation of Legal Documents (Article 164), effective legal documents shall be periodically systemized and the systemization results be announced once every 5 years. Hence, in 2018, state agencies shall conduct the nationwide uniform systemization of legal documents of the 2014-2018 period^[2](the point of time for identifying documents subject to systemization for announcement is December 31, 2018). In order to ensure the schedule and quality of the periodical systemization of legal documents, the Prime Minister promulgates the Plan on nationwide uniform systemization of legal documents of the 2014-2018 period with the following specific contents:

I. PURPOSES AND REQUIREMENTS

1. Purposes

a/ To specify the contents, time limits and schedule of, and responsibilities of state agencies in implementing, the document systemization work; to sufficiently announce effective legal documents so as to help ensure effectiveness and convenience in law making, application and enforcement and increase publicity and transparency of the legal system;

b/ To determine a mechanism for effective coordination among agencies in implementing the document systemization work.

2. Requirements

a/ Contents of the document systemization work shall be associated with responsibilities and promote the proactiveness and activeness of the agency assisting the Government in performing the state management of the document review and systemization work and agencies in charge of implementing such work;

b/ It is necessary to ensure regular and effective coordination between the Ministry of Justice and the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, ministries, ministerial-level agencies and localities nationwide in conducting document systemization;

c/ To specify the time for completing the document systemization work;

d/ Heads of agencies in charge of document systemization shall direct the performance of tasks under this Plan.

II. OBJECTS AND SCOPE OF DOCUMENT SYSTEMIZATION

1. Objects of document systemization

Objects of document systemization include effective legal documents and legal documents which have been promulgated but not yet become effective counted by the end of December 31, 2018 (except the Constitution).

2. Scope of document systemization

The scope of document systemization covers all legal documents which have been promulgated and, after being reviewed, are identified as remaining effective, by the end of December 31, 2018 (including also documents which have been promulgated but by the end of December 31, 2018, not yet come into force, except the Constitution) and which are subject to review and systemization by agencies in accordance with the 2015 Law on Organization of Legal Documents and Decree No. 34/2016/ND-CP.

III. CONTENTS OF DOCUMENT SYSTEMIZATION WORK

1. Formulating documents guiding the planning and implementation of the systemization of documents of the 2014-2018 period

a/ Implementing agency: Ministry of Justice;

b/ Coordinating agencies: Ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies;

c/ Completion time: January 2018.

2. Formulating plans on systemization of documents of the 2014-2018 period of ministries, sectors and localities

a/ Implementing agencies: Ministries, ministerial-level agencies and People’s Committees at various levels;

b/ Coordinating agencies: Related agencies;

c/ Completion time: February 2018.

3. Training in and providing professional guidance on document review and systemization serving the systemization of documents of the 2014-2018 period

a/ Training in and providing professional guidance on document review and systemization for legal departments of ministries and ministerial-level agencies, and provincial-level Departments of Justice

- Implementing agency: Ministry of Justice.

- Coordinating agencies: Ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies.

- Completion time: Quarter II of 2018.

b/ Training in and providing professional guidance on document review and systemization for agencies and units of ministries, ministerial-level agencies and provincial-level People’s Committees

- Implementing agencies: Ministries, ministerial-level agencies and provincial-level People’s Committees.

- Coordinating agencies: Ministry of Justice and related agencies.

- Completion time: Quarter II of 2018.

4. Conducting the systemization of documents of the 2014-2018 period

a/ Implementing agencies: Ministries, ministerial-level agencies and People’s Committees at various levels.

b/ Coordinating agencies: Related agencies and organizations.

c/ Completion time: January 2019.

5. Announcing results of systemization of documents of the 2014-2018 period

a/ Implementing agencies: Ministries, ministerial-level agencies and People’s Committees at various levels^[3].

b/ Coordinating agencies: Related agencies and organizations.

c/ Completion deadline:

- For documents promulgated by central agencies: January 30, 2019.

- For documents promulgated by People’s Councils and People’s Committees at various levels: March 1, 2019.

6. Reporting on the results of systemization of documents of the 2014-2018 period

a/ Reporting on the results of systemization of documents of the 2014-2018 period of agencies

- Implementing agencies: Ministries, ministerial-level agencies and People’s Committees at various levels.

- Coordinating agencies: Ministry of Justice and related agencies and organizations.

- Completion time: March 2019.

b/ Making a summarization report on results of nationwide uniform systemization of documents of the 2014-2018

- Implementing agency: Ministry of Justice.

- Coordinating agencies: Supreme People’s Court, Supreme People’s Procuracy, State Audit Office of Vietnam, ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies.

- Time for submission of the report to the Prime Minister: May 2019.

IV. ORGANIZATION OF IMPLEMENTATION

1. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees at various levels and other agencies responsible for conducting document systemization shall base themselves on the contents of this Plan and the practical conditions at their ministries, sectors and localities to promulgate detailed plans so as to ensure the schedule, quality and effectiveness of the document systemization work.

2. On the basis of this Plan, the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Justice and related agencies in formulating and implementing their own plans and send document systemization results to the Ministry of Justice for summarization according to the schedule prescribed in Clause 6, Section III of this Plan; and report any difficulties and problems arising in the course of implementing their plans to the Ministry of Justice for coordinated settlement.

3. Funds for the implementation of document systemization plans shall be allocated from the state budget within annual current expenditure estimates and other sources as prescribed by law.

Agencies assigned to take charge of specific tasks prescribed in this Plan shall estimate and arrange sufficient funds for the document systemization work. The estimation, finalization, management and use of funds for the document systemization work must comply with the law on the state budget.

Agencies which are assigned to take charge of specific tasks prescribed in this Plan but have not yet received funds for the performance of such tasks shall be entitled to allocation of additional funds from the state budget according to their budget estimates approved by competent state agencies.

4. The Ministry of Justice shall monitor, urge, direct, inspect and guide ministries, ministerial-level agencies and provincial-level People’s Committees in implementing the document systemization work according to schedule and report the implementation results of this Plan to the Prime Minister.

Provincial- and district-level People’s Committees shall urge, direct and guide the document systemization by their subordinate People’s Committees according to regulations.-

Prime Minister
NGUYEN XUAN PHUC