Circular 05/2014/tt-Btm Dated: About Reviewing, Codified, Consolidated Legal Text In The Range State Management

Original Language Title: Thông tư 05/2014/TT-UBDT: Về rà soát, hệ thống hóa, hợp nhất văn bản quy phạm pháp luật thuộc phạm vi quản lý nhà nước

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THE NATIONAL COMMITTEE.
Numbers: 05 /2014/TT-UBDT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 10, 2014

IT ' S SMART

Regulation of review, systematization, merger text merger

The law of the state administration of the National Committee of Nations.

_____________________

The French Base ordered the Unity of the Code to be merged. 01 /2012/UBTVQH13 March 22, 2012 of the Standing Committee of the National Assembly;

Base of Protocol 16 /2013/ND-CP 06/02/2013 The Government ' s March 02/02/2013

Base of Protocol 84 /2012/NĐ-CP October 12, 2012 the Government provides for the functions, duties, powers, and organizational structure of the House of Nations.

On the recommendation of the Chief Justice of the Law,

The Secretary of State, the National Committee of the National Committee of the National Committee of the National Committee of the United Nations, provides provisions for the sweep, the system of systematization, the merger of the laws of the state of the National Committee.

Chapter I

COMMON RULES

What? 1. The adjustment range

This information provides for the sequence of self-responsibility, responsibilities, coordination relations between cases, units of control, systematization, unionization of law (later known as text) of the state administration of the National Committee.

What? 2. Subject applies

This information applies to cases, the unit of the National Committee concerned with the sweeping, systematized, unified text of the state administration of the National Committee.

What? 3. The Minister ' s responsibility, the Chairman of the sweeping, systematized, unified text

1. Responsibility for the sweep, the text ization system

The organization carried out the sweep, the writing system issued by itself, the board of directors or presiding over the drafting; the agency, organized by the agency, the delegate of the National Assembly, which regulates matters of the House of Nations management scope, including: include:

a) Law, the resolution of Congress;

b) Ordinal law, the resolution of the Standing Committee of the National Assembly;

c) Command, decision of the President of the Water;

d) Government decree;

The decision of the Prime Minister;

e) The Minister ' s Information, the Chairperson of the National Committee (later called the Minister, Chairman);

g) The resolution of the citizenship between the Standing Committee of the National Assembly or between the Government with the central body of the political-social organization;

h) A joint venture between the minister, Chairman with the Supreme People 's Institute of Human Examination, the Chief Justice of the Supreme People' s Court, the Minister, the Head of the Equal Authority;

i) Other forms of text issued prior to the March 3, 2008 law promulgable legislation enacted in effect.

2. Accountability of text merger

The organization performs the merger of the text and signs of the merger with the text of the President, the Prime Minister, the Prime Minister, the government of the government with the central body of the political organization-the social-chaired by the National Committee. It was written by the Minister, the Executive Chairperson, or the Vice-Chairperson of the National Committee.

What? 4. The coordination and accountability of the Head of the Service, the unit of sweeping, systematized, unified text.

1. The responsibility of the Prime Minister of Cases, Units

a) Help the Minister, the Director of Sweeping, systematized, uniting the prescribed texts at Article 3 of this Information in function, the state management task of the case, the unit itself or the written assigned documents;

b) Every year, sets up a budget bill of sweeping, systematized, uniformable text, the state management task of the case, its unit, or the published texts drafting at this point, sending the Plan-Finance and the Legal Affairs to the aggregate;

c) In addition to the regulatory responsibility at the point of paragraph 1 This Article:

The Chief of Planning-Finance is responsible for the annual funding of funding guarantees for sweep, systematization, uniformization of text in the current regulation;

The Director of the Information Center is responsible for posting the results of sweeping, systematized, uniformizing text on the National Committee ' s Electronic Information Portal; building up the Database System on Sweeping, Systematization, unified text as the legal basis for the service. check, document processing is specified at the Digital Protocol. 40 /2010/NĐ-CP April 12, 2010 The Government of the Law on Examination And Disposal of the Law of the Law;

The Chief Office of the Committee is responsible for providing documents as a source for a sweep, systematization, which is unified at the request of the cases, units; the registration of search results, systematization, unification of text by regulation;

The Chief Inspector of the Committee is responsible for the reflection, the petition of the agency, the organization, the individual involved in the text-sweep to the French case to conduct a prescribed sweep at this Smart and Chapter II Digital Protocol. 16 /2013/ND-CP 06/02/2013 The Government ' s June 02/2013, the text ization system (later called the Digital Protocol) 16 /2013/NĐ-CP).

2. The responsibility of the Chief Justice

In addition to the responsibility of the provisions of this one Article, the Chief of the Legal Affairs is responsible:

a) Staff, the Minister, the Executive of the Executive Committee of the Controllers, the Systematization System, in accordance with the jurisdiction;

b) Building a plan and plan for a sweeping, systematized, unified system of ministerial programming, the Chairperson; the governor, the inspection, the combined results, the final, the total plan approved;

c) presided over, in coordination with the Functions of the Ministry of Guidance, the organization of skills fostering, business, guidance, control, systematization, fusion of writing to the civil service team as planned, according to the plan.

d) Check the accuracy of the content, the merger technique for the text of the Cases, the unit that made the merger before the programmer, the owner of the authentication;

There are other tasks in search, systematization, unified text when assigned by the Minister, the Lord of the Lord.

Chapter II

COPYRIGHT REVIEW OF THE LAW

What? 5. The public division performs a text sweep

1. The chief of the cases, the task unit for the public to perform a text sweep of its responsibility.

The civil service is tasked with monitoring, writing, and socioeconomic situation in relation to the object, the scope of the adjustment of the text under the control of the Case, the unit itself as a search base.

2. Shortly after the text was a legal base for the sweep to be issued or the economic-social situation associated with the object, the scope of the adjustment of the text had the change that made the contents of the text no longer fit, the Chief of the Cases, the unit responsible. No, no, no, no, no, no.

What? 6. Do text sweep

1. The public is tasked with carrying out the text-based text sweep, the procedure stipulated at Article 13, Article 16 of the number 16 /2013/ND-CP And Article 7 of the Digital 09 /2013/TT-BTP June 15, 2013 by the Minister of Justice Regulation the details of the digital decree. 16 /2013/ND-CP (the following is called Digital News 09 /2013/TT-BTP), The following:

a) The text is a legal base.

-Text-to-text review of the text that defines the search, the Leader of the Case, the unit to review, the decision.

-Consider, evaluate the base base of the scanned text to identify and fully assemble the text as a legal base for a sweep under the provisions at paragraph 1 Article 11 of the digital decree. 16 /2013/NĐ-CP.

-Review, determine the validity of the scanned text.

The base of all the validity of the prescribed text at 1 Article 12 Decree Number 1. 16 /2013/ND-CP, The search for the identification of the text of the text is controlled by partial or full effect, the reason for the full effect, the timing of the effect. The text is determined to run out of full force or partially put into the category for publication by regulation at Article 20 of the number 16 /2013/ND-CP And Article 10 of this. The specified text in effect (including the partially partially defined text) is further scrutinated on the executive authority and the contents of the text.

The text case is determined to run out of full effect or partly because there is no regulatory object specified at the point of 1 Article 12 of the Digital Protocol. 16 /2013/ND-CP then the text controller is clearly shown that the petition content repel the whole or part of the text at the Text-sweeping Text on Appendix 1 issued to this message.

The case of a text-controlled case which is a legal base for a sweep to be issued in accordance with the order, the procedure stipulated at the Law promulgation Act of November 12, 1996, and the amended Law, the addition of certain provisions of the Law of the Executive Act. The law, December 16, 2002, determines which cases the full validity of the reviewed text is carried out under the provisions of Article 78 law promulgation of the law of 12 November 1996.

-Review, assessment of the authority to issue a controlled text

The official review of the text of the authority for the authority to issue a scanned text (the authority on the form and authority of the content) with the text of the text is a legal basis for sweeping. The authority on the form is determined by the prescribed form (type name) of the executive authority of the agency, who has jurisdiction. The authority on the content is determined by the regulation of the assignment, hierarchy, functional regulation, the mandate, the authority to manage the specific state of each organ, every level, every sector for each sector.

-Review, review of the contents of the reviewed text.

Text-to-text review conducted review, defining the contents of the regulated-regulated text, overlapping, contradicts the rule of writing as a legal base for sweeping.

The case of texts is the legal base for sweeping rules of different regulation on the same issue that applies the regulation of the text to a higher legal effect; if the texts are a legal base for sweeping due to an enacted body that has different rules about it. The same problem applies the following issued; if the text is a legal base for sweeping the ministers, the chief agency of the board, which has a different regulation on the same issue, applies the Secretary to the Secretary, the Chief Minister. The Ministry of State has the authority to administer the state of the field, the field.

b) The base of economic-social development.

-Text-to-text-defined text scanning, the range of adjustment associated with the change of economic-social situation to scrutinology.

-The text gathering is the base that determines the change of economic-social situation.

Based on the subject, the scope of the adjustment of the text is searched, the public review of the text, the document, the document, the other text is the base that determines the change of the economic-social situation in paragraph 2, Article 11 of the United States. Number 16 /2013/NĐ-CP.

-Review, the contents of the content of the text that is controlled with the information, documents, text is the base that determines the change of the economic situation-the society to determine the unsuitable content of the scanned text under regulation at Article 15 of the Decree. number 16 /2013/NĐ-CP.

2. A Text-Control Vote on Appendix 1 issued by this message.

Text-control votes must have the review contents of the review: The validity of the validity of the text, the written authority of the controlled text, the contents of the reviewed text with a left-rule, overlapping, contradicts the rule of the text. is the legal base for sweeping or no longer in line with the situation of economic development-society; proposes text processing in accordance with the prescribed forms at Article 19 of the Digital Protocol. 16 /2013/ND-CP (if any).

In the case of complex text sweep results, the public review proposed the Leader of the Case, the review unit, the exchange organization, the discussion or the opinion of the agencies, the relevant unit to perfect the results of the text sweep.

Text-control votes were also established in the case of a controlled text without a left, contradictated, overlapping with the rule of writing as a legal base for a sweep.

3. Text-Control Profile

The text sweep is responsible for the task of setting up the assignment of the Director's text, the review unit, which handles the results of the text sweep. Text sweep files include:

a) The text is scrutinated;

b) The text is a legal base for sweeping;

c) The text is the base that determines the change of economic-social situation;

d) The text expresses the opinion of the assigned public;

-Text-to-text.

e) Report the results of the text-sweep results of the Case, the Minister of Ministers, the Chair, which specifies the assessment of the validity of the effect, the authority to enact, the left, overlapping, contradicts of text that is controlled with the rule of the text as the legal base. To take a sweep or no longer fit the economic-social and social development situation;

g) The work of the National Committee takes the opinion of the body and the board of the citizenship;

h) The written opinion of the agency with the board of the citizenship text on the handling of the sweep of the connection;

i) The work of the National Committee of the Organ Petition, who has the authority to process the text;

l) Other documents are relevant.

What? 7. Take the opinion of the Law on the results of the text sweep

1. After the search results, the cases, the unit sent 1 document sweeping files prescribed at 3 Article 6 of this Notice to take the initiative of the Case. The French case has a written opinion, which expresses certain content, inunanimous or other opinion in the 5-day period of work since the date of receiving valid records.

2. The case, the unit presiding over the course of the program, took over the opinion of the French case, perfated the Search Profile.

The unincorporated case of the resulting sweep results, the leader of the case, the unit, and the leadership of the French case, the meeting to exchange, unify the relevant content. If you do not agree, then report to the Minister, the President decides.

What? 8. Minister, review, processing, or petition for processing the results of the text sweep

1. The case, the unit presiding over the Case File to the Minister, the Presiding Judge, the decision to process or petition the handling of the sweep results. After the Minister, the Minister has the opinion, the case, the presiding unit that sends the results of the text sweep to the French case to monitor, synthe-sum.

2. The French case sets up a "reviewed text monitor" to monitor the search and results of the general text of the National Committee on Annex 2 issued by this message.

What? 9. Building text suspensework, repel, substitution, modification, revised text supplement or new text issued

1. After the direction of the direction of the Minister, the Chairperson or the agency, the competent person on the results of the text sweep, the Chief Minister, the assigned unit is responsible:

a) The Chair, in collaboration with the Legal Bureau of the Building of the Minister, the Executive Committee on the authority or the agency, who has the authority to issue to suspend the enforcement, abolition, amendment, document addition being swept or issued new text. Instead.

b) The case of a suspension of the suspension of the execution or promulboard of only the full abolition of the text or part of the written text, the unit was assigned to build the draft text (the administrative decision) the Minister, the board of the board. By authority or agency, you have authority to review, promulgate.

2. The French case is responsible for the synthesis, the governor, to monitor the processing of the text.

What? 10. Text category published full of full effect or partial

1. The full text category expires or a portion must be announced as late as December 10. The base in reporting results in regular text scans of the cases, units sent to, the General Legislation of the synthesis, and the construction of a full text portfolio of all or in part to the Minister's presentation, the Chairperson of the following regulations.

2. Minister for Secretary, Chairman including:

a)

b) The draft decision to publish the full text catalog expires in all or in part;

c) Other documents are relevant.

3. The decision to publish a full text catalog expires at all or in part must be published and posted on the Electronic Information Portal of the National Committee during the time of 3 (three) working days, since the day of publication.

4. The full text category is either full or partially created by Form 03 issued by this message.

Chapter III

TEXT SYSTEMATIZATION

What? 11. Text systematization planning

1. The planning of the cultural systematization of the Minister's system of systematization, the Chairperson is implemented in the 4th year of the systematization period (5 years once).

2. The Supreme Court, in conjunction with the Joint Chiefs of Staff, the Joint Chiefs of Staff, the Chairman of the Planning Commission, to enact a systematic plan of systematization at the expense of one Article.

3. Content Planning System by regulation at paragraph 2 Article 24 of the Digital Protocol 16 /2013/NĐ-CP.

What? 12. The process of implementation of the text system

1. Text collection, sweep results, test results check, text supplement sweep to systematized chemical systems

a) On the basis of regular sweep results, cases, units responsible for the set of text and text sweep results to make the basis of the object's text, the scope of the system specified at 1 Article 25 of the number of Protocol 16 /2013/ND-CP and the text of the specified text catalogue at paragraph 3 Article 25 of the Digital Protocol. 16 /2013/NĐ-CP;

The text of the object, the scope of periodic systematization that includes the text in the systematization of the previous system of systematization, which has been systematically reviewed, the text issued in the current systematization system has been reviewed and in effect, the text is issued in the systematization but has not yet been effective at the time of the systematization;

b) The text sweep results are subject to the object, the scope of the system that has been assembled at this point a paragraph must be checked again. The case of the sweep results reflects not updating the legal status of the text or the uncontrolled text detection by the specified system, the implementation of the system must proceed with additional review under the provisions of the Digital Protocol. 16 /2013/ND-CP and rules this.

2. Set up the text categories and arrange the text as effective as the Chemical Systems Collection.

a) After the results of the subject text sweep, the scope of the system is re-examined, the public conducts the system of establishing the specified text categories at paragraph 3 Article 25 of the Digital Protocol. 16 /2013/ND-CP as follows:

-The aggregation of documents belonging to the Annex 4 Annex to the Appendix 04 issued this message (including the specified texts prescribed at 1 Article);

-The full text category expires in all or in part according to Annex 05 issued by this message;

-The text category is also valid by Annex 06 issued by this message (including partial text of partial validity, the text that has no validity specified at 1 Article);

-The document category needs to be modified, added, repel or issued a new replacement by Annex 07 issued by this message;

b) The case after conducting a review of the results of the review of the object's text, the scope of the systematization that the sweep results had secured accurate calculation of the validity of the text at the time of the systematization and the text was fully scrutinized. specifies, then the catalog of documents belonging to the system of the systematization system and the Text Catalogue is valid;

c) The cases, the unit responsible for sending text categories at this point a paragraph to the French case to organize the text to the effect of the systematization of the following criteria:

-According to the state administration of the House of Nations.

-In the effective order of the text, the order of order starting from the text with higher legal validity to the text has a lower legal effect;

-According to the text of the text of the text, the order that the order starts from the original text to the text is issued later;

-Other criteria are consistent with state management requirements.

3. Annalize the results of text systematization

a) After receiving the results of the cultural systematization of the cases, the unit, the Law of Examining the results, the synthesis, the Minister, the Consideration, the publication. Minister, the owner announced the result of the slothless text systematization of 30 (thirty) days from the time of the systematization;

b) The Secretary of the Minister's text system, which is: Report of the results of the systemalization; Systematization; categories; Additional scanning records (if any); other documents are related;

c) The text form published the results of the text systematization as the Administrative Decision;

d) During the period of 20 (twenty) days of work since the publication of the results of the system of systemization, the National Committee sent a report of the results of the cultural system to the Ministry of Justice to follow suit, the general joint report of the Government.

4. Subscription the results of the cultural systematization system on the Electronic Portal and the release of the text systematization set in the form of the paper text.

After the Minister, the Chairman of the Executive Committee decided to publish the results of the cultural systematization, the Office of the Committee sent 1 copies of the decision to publish the results of the information system for the Information Center to post on the National Committee of Electronic Information. At least three days of work since the time of publication.

The release of the collection of text formalization in the form of paper-written text issued by the Minister, the Chairman decided on the recommendation of the French case.

Chapter IV

MERGE TEXT

What? 13. Responsible, Text-to-text

1. The case, the unit presiding over the revised text, the addition of the Minister, the Executive Chairperson, the authority, or the competent authority issued by the authority to monitor, access the status of the issue of the text in time to merge.

2. Shortly after receiving the revised text, the addition of the President of the Water, Government, Prime Minister, the written link between the Government with the central body of the political-social organization or the authority issued by the authority, the Minister, the Task Officer, The Permanent Unit or the presiding editor to perform the merger and completion of the filing in the period of no more than 2 working days, to send the Legal Case, the records include:

a) The text of the offer to test the accuracy of the content and the merger technique;

b) The merged text draft (prescribed in the appendix issued by France the merger text of the law of the law in 2012);

c) The revised, complementary, and text text is modified, supplemated (the main copy or the main medical copy).

3. The French case is responsible for examining the accuracy of the content and the merger, answering by writing in a 2-day period of work since the date received the merger of the merger text.

4. The case, the unit is responsible for the merger of the completed text of the Minister ' s program, the Owner of the authentication during the 1-day period of work, since the date of the opinion of the Trial of France. Secretary of State, prescribed by provisions of Article 2 and the written opinion of the Law of the Law.

What? 14. Subscription of the merger on the Public Press, Electronic Information Portal

1. The Office of the Commission is responsible for sending the merged text simultaneously with the revised text, supplemally to post the Government ' s Public Works.

2. The Office of the Committee is responsible for sending the merged text to the Government Office for a 2-day period of work, since the date of the validation, to bring up the Government ' s Electronic Information Portal.

3. As slow as 2 (two) the day of work since the date of the signing of the incorporated script of the executive authority of the Minister, the Chairperson, the most incorporated text must be posted on the Electronic Information Portal of the National Committee.

Chapter V.

REPORT MODE, EXECUTION BUDGET

What? 15. Report responsibility

1. The case, the unit is responsible:

a) A six-month term report, a yearly review of a sweeping, systematized, unified document of the French case for tracking, synthesis;

b) A groundbreaking report on the sweep, systematization, fusion of text (if available) of the Legal Case to follow, aggregate.

2. The French case is responsible for aggreging the ministry report, the Executive Chairman, to the Ministry of Justice to sum up, report the Government.

What? 16. Content, deadline reporting

1. Report Content

The report on the sweep, systematization, unified text needs to have the following content:

a) The situation that performs the sweep, systematization, unified text in the reporting period, including the number of copies of the number of text searched, the number of documents that has been swept, the text sweep results, the scanned text situation, and the search results. control of the base on the situation of economic development-society; the results of cultural systematization; the results of a review of text according to the subject, field, site;

b) The general assessment of the quality of construction work, the publication of responsibility for sweeping, systematized, unified;

c) The situation of building the database sweeping, systematized, unified text;

d) The practice of institutional practice as the basis for the sweep, systematization, fusion of text; layout, funding for sweep, systematization, fusion of text;

) Operating coordination in the implementation of the sweep, systematization, unified text; training, instruction, accretion of sweep, systematization, text merger, and other conditions warranties for the sweep, systematization, fusion of text;

e) difficulties, entanged and petitions;

g) Other problems are relevant.

2. The deadline for reporting

The case, the unit sent the Report 6 months before June 20, reported the previous year on December 10 for the French case to sum up, the Minister ' s presentation, the review, the decision.

What? 17. Cost of execution

1. The catering business for the sweeping, systematized, merger system is done according to the Digital Federal Information. 122 /2011/TTLT-BTC-BTP August 17, 2011 of the Ministry of Finance, the Ministry of Justice guiding the bill, management, utilization and determination of the state budget budget guarantee for testing, processing, sweeping, cultural systematization of law; and Information Systems 192 /2013/TTLT-BTC-BTP December 13, 2013, of the Ministry of Justice-Ministry of Finance of the Ministry of Finance Planning, management, use, and determination of a state budget budget guarantee for the merger of the legal and legal code of law that rules the law and other documents related to the law. Yeah.

2. In the case of the specified text at paragraph 1 This is modified, supplemable, substitution is applicable to the new text.

Chapter VI

THE ORGANIZATION.

What? 18. Effect of execution

It has been in effect since 24 January 2015.

What? 19.

1. The chief of affairs, units and agencies, organizations, individuals with regard to the sweeping, systematized, unified text of the state management scope of the National Committee responsible for the organization's implementation of this Information.

2. The Chief of Legal Affairs is responsible for tracking, checking, and the practice of doing this.

3. In the process of organizing, if there are difficulties, problems, cases, units, officials, officials, agencies, organizations, individuals in time to respond to the National Committee (through the Legal Affairs) to sum up, the Minister, the President, the review, the ./.

Minister-Chairperson

(signed)

Let's go.