The Government has just issued Decree No. 79/2025/ND-CP regulating the inspection, review, systematization and handling of legal documents.
The Decree clearly stipulates that the inspection and handling of documents must ensure the following principles: Ensuring comprehensiveness, objectivity, publicity, and transparency; correct authority, order, and procedures; combining inspection by competent agencies and individuals with self-inspection by agencies and documents issuers; ensuring coordination between relevant agencies.
Ensure that the inspection and handling of documents are not taken advantage of for profit, causing difficulties for the operations of agencies and competent persons issuing documents and intervening in the process of handling illegal documents.
Ensure that there are no obstacles or difficulties for the agency, competent person for inspection, or inspection agency in the process of checking documents.
Violations during the implementation of document inspection and handling will be considered and handled according to the provisions of law depending on the nature and severity of the violation.
The Decree stipulates that documents subject to inspection include:
1. Legal documents specified from Clause 3 to Clause 14, Article 4 of the Law on promulgation of legal documents (laws); legal documents specified from Clause 3 to Clause 14, Article 4 of the Law with content within the scope of state secrets determined by competent authorities.
2. Documents showing signs of containing legal provisions but not issued in accordance with the authority, form, order, and procedures prescribed by law, including:
- Documents of the Standing Committee of the National Assembly, the President, the Presidium of the Central Committee of the Vietnam Fatherland Front, the Supreme Court of Judges, the Chief Justice of the Supreme Court, the Director of the Supreme People's Procuracy, the State Auditor General; Government and Prime Minister; Ministers, heads of ministerial -level agencies, local authorities at provincial, district and local authorities in special economic administrative units.
- Documents of agencies under the Government; Standing members of People's Councils, Chairmen of People's Councils, Chairmen of People's Committees at all levels; Chairmen of People's Councils, Chairmen of People's Committees at special administrative - economic units; organizations under, directly under ministries, ministerial-level agencies, agencies under the Government; specialized agencies under the People's Committees at provincial and district levels, special administrative - economic units (or equivalent); local authorities at commune level.
3. Documents guiding the application of legal documents of competent authorities and individuals specified in Clause 1, Article 61 of the Law.
The Decree clearly states 5 contents of document inspection including:
- Authority to issue documents.
- Content and form of the document.
- Procedures for drafting and promulgating documents.
- issued basis, format, presentation techniques.
- Comply with legal regulations on determining state secrets and the confidentiality of state secrets in documents with content under the scope of state secrets.
