IT ' S SMART

The regulation of the sequence, the procedure of building, the promulgable text of the law.

by the Ministry of Culture, Sports and Tourism presiding over or enacted

________________________________

The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;

Base of Protocol 24 /2009/NĐ-CP March 5, 2009 by the Government of the Government Regulation and the implementation of the Law of the Executive Code of the Law of the Law;

Base of Protocol 63 /2010/NĐ-CP June 8, 2010 by the Government on the control of administrative procedures;

Base of Protocol 48 /2013/NĐ-CP May 14, 2013 of the Government amended, complements some of the provisions of the decrees concerning the control of administrative procedures;

Base of Protocol 76 /2013/NĐ-CP 16 July 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

On the recommendation of the Chief Justice of the Law,

The Minister of Culture, Sports and Tourism issued a regulatory issue of the order, the procedure of construction, the promulgation of the rule of law by the Ministry of Culture, Sports and Tourism presiding over or enacted.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The information provides for the order, procedure in the construction, promulgation of a law of law, by the Ministry of Culture, Sports, and Tourism presiding over authority in the field of culture, family, fitness, sports and tourism.

What? 2. Subject applies

This information applies to organizations belonging to the Ministry of Culture, Sports and Tourism that helps the Minister to perform state management functions under regulation from Clause 1 to Section 22 Article 3 of the Digital Protocol. 76 /2013/NĐ-CP 16 July 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Culture, Sports and Tourism (later known collectively as the Department of the Ministry); organizations, individuals with regard to the sequence, construction procedures, and the board of offices. Copyright law in the field of culture, family, fitness, sports and tourism.

The case for the Head of Government of the Government organizes a Diploma in Culture, Family, Fitness, Sports and Tourism to program the Minister of Culture, Sports and Tourism Board, implemented in accordance with the order, procedure stipulated at Article 35. Number Protocol 24 /2009/NĐ-CP March 5, 2009 of the Government rules the details and measures the implementation of the Code of Statute Statute (later called the Digital Protocol). 24 /2009/NĐ-CP ) and stipulated at Articles 10, 11, and 12.

Chapter II

LAW BUILDING PROGRAM

What? 3. Proposal of the Ministry of State Agency for the construction of the law of the rule of law

1. Every year, on the basis of function, its mission and the petition to build a document that violates the laws of the institutions, the individual is involved in the scope of the state governing staff of its body, the offices of the ministry offer by writing about the construction. The law, the Resolution of the National Assembly, the OrdinNations, the Resolution of the Standing Committee of the National Assembly (later known collectively as Law, Ordination); Government Decree; the Diploma of the Minister of Culture, Sports and Tourism, the Diploma in association between the Minister of Culture, Sports. Travel and Tourism with Ministers, peer-to-peer agency Chief Justice, Chief Justice of the Supreme People 's Court, Supreme People' s Institute of Human Examination (later). It ' s called Private.

The text offers to send the Legal Case to the President to report the Minister under the following deadline:

The proposal to build the Law, the Ordinal Ordination of Parliament must be sent as late as the 2 January of the first year of the term of Parliament;

The proposal to build the Law, the annual Ordinal Ordination on the Program base of both the term of Parliament must be sent at least 170 days before the March 1 of the year prior to the five congressional agenda, the Standing Committee of the National Assembly;

The proposal for the construction of the Law, the Ordinal Ordinal Ordination of the Law, was not included in the Law Building Program, the Ordinal Ordination of both the term of Parliament must be sent at least 170 days before the March 1 of the year prior to the year before the National Assembly, the Standing Committee of the National Assembly;

The proposal to build the Annual Decree must be sent as late as June 1 of the year before the five Government presentations;

The annual announcement to be built is to be sent as late as August 1 of the year before the planned year.

2. The proposed text to the Legal Case contains the following basic content:

a) The text of the proposal to build the Law, the Ordinal Order must specify the need for the enacrology, subject, scope of the adjustment of the text, the views, the basic policy, the main content of the text; envisage the resources, the conditions guaranteed for the drafting of the text. copy; the report reviews the preliminary impact of the text and envisages the text presentation time;

b) The proposed building of the Protocol must specify the need for a text, object, scope of the text; the basic policy content of the text, the report assessment of the preliminary impact of the text and the expected text of the text;

c) Text-building offers must explicitly state the need for a written, legal base, a scope of adjustment, subject to apply, the principal content of the text; the name of the executive editor, the coordinating body, and the time of the text presentation.

3. For the proposal to build Law, Ordinal Ordinal, Decree, in addition to submitting the proposed text at the points a and b Clause 2 This, the subordinate agencies must do the following work:

a) The organization takes on the opinions of relevant agencies on the proposal to build the Law, Ordination, Decree; register the proposal of the proposal for the construction of the Law, Ordination, Decree, and the report assessment of the preliminary impact on the Ministry ' s electronic information page in accordance with regulations. Point a 1 Article 3 and point a 4 Article 14 Protocol 24 /2009/NĐ-CP;

b) presided over, in coordination with relevant research agencies, the filing of a proposal for the construction of the Law, Ordination, Decree; completion of the filing on the basis of the comments; submitted a proposal to the French case to sum up. The implementation of the prescribed execution profile at Article 4 and Clause 1 Article 15 The number of digits 24 /2009/NĐ-CP.

The proposed case for the construction of the Law, Ordination and Decree (except for the Rules of Regulation in Point A 2 Article 14 Digital Protocol) 24 /2009/NĐ-CP ) has the regulation regarding the financial and human resources, which must propose to the Leader of the Department to submit a proposal for the construction of the Law, Ordination, Decree to the Ministry of Finance to take an opinion on the rationing of the expected financial resources and the Ministry of Internal Affairs for comment on the calculation. reasons for the expected workforce.

4. For the proposal to build a decree that stipulate the necessary matters but not enough conditions to build into law or ordinance to meet the requirements of state management, economic management, social management, the proposed agency must submit the Minister to coordinate with the Office. The Department of Justice, the Department of Justice to prepare the case, please comment on the Standing Committee of the National Assembly for the promulgation of the Decree in accordance with Article 4 of Article 14 of the Law of the Executive Committee of the Law.

What? 4. Set up a draft proposal to build Law, Ordination, Decree, Minister ' s Information

1. Set up a draft proposal to build Law, Ordination, Decree

The French case is responsible:

a) The set of proposals for the construction of the Law, the Ordinal, the Decree of the Department of the Ministry of Regulation at Article 3 of this and the petition for the construction of the Law, the Ordinal, the decree of the agency, the organization, the individual pursuant to the provisions of Clause 3 Articles 1 and paragraph 3 Article 13 Decree number 24 /2009/NĐ-CP;

b) Set up a draft proposal to build the Law, Ordinal Law, Conference of Ministers review, decision.

In the course of the draft proposal to build the Law, Ordination, Decree, the Legal Affair, hold the meeting or send text to the opinions of relevant agencies to correct, complete the draft proposal for the construction of the Law, Ordination, Decree, and Case. All right. In the case of necessity, the Minister held the meeting with the local agencies, the peer-to-peer agency, the government agency involved with the Representative of the Ministry of Justice, Government Office, Ministry of Finance, Ministry of Internal Affairs to give comments on the proposal to build the Law, France. command, Decree;

c) Submit a profile by the specified deadline at 1, 2 and 3 Articles 4; paragraph 7 Article 14 Digital Protocol 24 /2009/NĐ-CP to the Ministry of Justice, the Office of Government after the Minister decided to sign the petition to build the Law, Ordination of the National Assembly, the Standing Committee of the National Assembly; the Government of the Government.

2. Set up the Ministry ' s Information Building Program

The French case is responsible:

a) The proposed synthesis of the Information Building of the Ministry of the Ministry of the Ministry and the recommendation to build the Information of the institutions, the individual;

b) Set up the Information Building Program.

In the process of the draft of the Intelligent Construction Program, the French case hosts the meeting or sent text references to relevant agencies, corrects, fining the Information Building Program to the Minister for consideration, decision.

3. For a five-day period of work, since the date of the Law-Building, Ordinal, Decree, Issued Notification Authority, the Office has the responsibility to inform or copy to the presiding authorities known for execution.

4. The program to build the Law, Ordinal, Decree, Information, Information provided by the competent authority, the French case in coordination with the Office of the Tracking Execution, the administration of the progress of writing.

5. The written drafting agencies are responsible for ensuring the correct progress and quality of writing under the Law Building, Ordination, Decree, Issued Approval, and the Minister report on the progress of progress.

What? 5. Recommend to adjust the Law Building Program to violate the law

1. The recommended cases:

a) Get out of the program of texts that have not yet been necessary to enact or no longer need to be issued due to changes in economic-social conditions;

b) Back the course of the presentation by slow progress of redaction or unsecured text quality;

c) Additional in the Program of texts due to the urgent requirements of management or must be amended in accordance with the newly issued text to ensure the unity of the legal system or to implement international commitments.

2. Procedal procedure:

a) In the case of regulation at the points a and b 1 Article, the recommended regulator must have a written statement of the Minister stating the reason for adjustment (sent through the Legal Affair). For the Law, Ordination, Decree, in addition to the Office of the Secretary, the recommended body must draft the Minister ' s Papers, stating the reason, the direction, the solution, the execution time to the Minister of the Prime Minister through the Ministry of Justice, Office. The government.

b) In the case of regulation at Point 1 Article 1 Article, the regulatory recommended body must follow the proposed process of building the specified text at the Articles 3 and 4.

Chapter III

DRAFT LAW-BREAKING TEXT

What? 6. Ministry of the Drafting Authority

1. The Ministry of the Ministry has proposed to build the Law, Ordination, Decree, the Judiciary In The legally granted Legislative Building Programme under the stipulation at Chapter II This is the presiding officer of the drafting.

2. The case of drafting the decision of the Prime Minister (later called the Decision) or the drafting of the text at the petition of the organization, personally, the Minister decided to hand over the agency in charge of the relevant industry in relation to the agency. Master, the editor.

What? 7. Proposition of Law, Ordination, Decree, Decision

1. For those written by the Ministry of Culture, Sports and Tourism entrusted with the drafting of the drafting committee, must form the drafting Board and the Editorial Order in accordance with Articles 20 and 25 Digital Protocol. 24 /2009/NĐ-CP . The organization and operation of the Executive Committee are under regulation at Articles 21, 22, 23 and 24 United States Census. 24 /2009/NĐ-CP.

2. The redaction presiding agency is the tip of the help that the minister does on the following tasks:

a) Asking the operational conditions of the drafting board and the Editorial Foundation;

b) Coordinate and facilitate the drafting committee for the implementation of the law enforcement implementation; assessment of the previous impact and during the drafting of Law, Ordination, Decree; evaluating the impact of administrative procedures on the text of the specified content of the procedure. Administrative; survey, assessment of the status of social relations with regard to the draft content; the organization of information research, materials, international treaties that Vietnam is a member with regard to the draft; the preparation of the proposal, the editor, the organization of opinion, and opinion. adjust the draft before sending the appraisal;

c) Host, in coordination with relevant agencies preparing to draft detailed regulatory documents.

3. The organization took the opinion during the drafting process:

a) The organization takes on the opinions of organizations, individuals and subjects who are subject to the direct impact of the text, in formforms: Take direct opinions; submit the draft to the purpose; organization of the workshop; through the Government ' s electronic information page, of the Ministry or its ministries. The media, the media.

b) The drafting chairs must submit text draft to ministries, peer agencies, government agencies; post of draft content on the Government's electronic information page, of the Ministry to take comments on the content of the draft. The draft of the draft on the Ministry's electronic information page is currently specified at Section 3 Article 8 This Information.

In the case of the administrative procedure, the presiding officer must take the initiative of the Executive Control Department of the Ministry of Justice under the provisions of Article 2 of Article 1 of the Constitution. 48 /2013/NĐ-CP May 14, 2013 of the Government amended, complements some of the provisions of the decrees relating to administrative procedure control (the following call for the Digital Protocol). 48 /2013/NĐ-CP);

c) The drafting holder is responsible for the study to continue the critical opinion of the organization, the individual. The case did not continue to comment, the presiding officer drafted a specific document in writing.

What? 8. Press Editor

1. Depending on the content of the Information, the Minister may decide to set up the Editorial Foundation of the representative body of the drafting holder; the representative of the French case; representatives of ministries, departments, agencies, units and individuals involved. The Chief Minister for the Editor, Chairman of the Editor, is responsible to the Minister for the content, quality, and the process of drafting.

2. The presiding officer responsible for coordinating with the French case and related agencies organized the situation to implement the law; the survey evaluated the status of social relations; the study of the information information was related to the draft content; prepare to be prepared, compiled and edited the draft; the organization takes the opinion; send all the draft content (2nd time) on the Ministry ' s electronic information page in accordance with Article 3 This Article 3 This before the initial ministerial meeting is at least. 60 days to take up the contributions of organizations, individuals; prepared sheets and documents related to the draft to the Minister.

The case of the Drafting of the Wise has a regulatory content of the administrative procedure, in addition to the implementation of the regulation at this paragraph and must evaluate the impact of the prescribed administrative procedure at Article 10 of the number of Protocol 63 /2010/NĐ-CP June 8, 2010 the Government on Administrative Procedulation Control (then called the Digital Protocol). 63 /2010/NĐ-CP); Paragraph 3 Article 1 Decree 48 /2013/NĐ-CP.

3. The organization took the opinion during the drafting process:

a) Depending on the nature, contents of the text, the governing body drafting the organization meeting directly or sending the draft to the opinions of organizations, individuals are subject to the regulation of the text and the agencies, the unit that performs the function of the management of the house. It's relevant. If the subject needs to take the opinion of the ministries, the peer-to-government agency, the government agency, the chair of the presiding officer, he asked for the Deputy Minister for the decision of the decision.

b) The case in which the Information is about the administrative procedure, the presiding body of the drafting body is made to take the initiative of the French case of administrative procedure in accordance with Article 2 of the Article 1 Protocol 48 /2013/NĐ-CP.

c) The posting of the draft content on the Ministry ' s electronic information page to take the broad opinion of the organizations, the individual performs as follows:

-The redaction editor has the text of the offer to post the draft sent to the Ministry of Information Technology Center of the Ministry and submitted with the written statement 1 draft of the second draft of the prescribed law in accordance with Article 2 Article 57 of the Census. 24 /2009/NĐ-CP (the draft has the Secretary ' s confirmation signature and the suspension of the drafting chair for the agency with its own seal);

-Send a second draft of a second draft of the text through the e-mail of the Information Technology Center.

-During the draft of the draft, the Center for Information Technology was responsible for the reception of the organization's opinions, the individual and the sending of opinions to the drafting authorities.

4. The presiding officer is responsible for the research, taking on the opinions of organizations, individuals. The case did not continue to comment, the presiding officer drafted a specific document in writing.

Chapter IV

DOCUMENT DRAFT LAW

What? 9. Records, the procedure recommended by the Department of Justice

1. The project record, draft of the Law, Ordinal Law, Decree, Decision to send the Department of Justice to include:

a) The Government program on the project of Law, Ordinal Law, draft of the Decree; draft of the Prime Minister ' s paper on the promulgation of the Decision;

b) The draft text after the reception of the Italian feedback (3rd draft);

c) The detailed theory of the project, the draft;

d) Report assessment of the impact of the draft text (for the project, draft Law, Ordination, Decree);

The report sums up law enforcement, assessing the status of social relations with regard to the main content of the draft text (for the project, draft Law, Ordinal Ordination);

e) The general opinion of the organization, the individual of the draft text; the copy of the opinion of the ministries, the peer-to-peer agency, the Government-based agency; the process report on the reception of the comments drawn to the draft text;

g) The assessment of the impact on administrative procedure; Report of the Process of Recepalization Of Administrative Procedures of the Ministry of Justice Administration (if the project, the draft has a regulatory content of administrative procedures);

h) Other documents are relevant (if any).

2. The procedure to submit the filing of the Justice Department recommended:

a) The prescribed record at paragraph 1 This must be checked by the French case and have an official opinion before the Secretary review it, decide;

b) After the opinion of the French case, the presiding body is fining up the case, the Minister to recommend the Justice Department. In addition to the prescribed documents at this one Article, the Minister's program recommended that the Ministry of Justice have the following documents:

-The chair of the agency ' s job addressing the drafting of the Chief Minister for the template by the Ministry of Culture, Sports and Tourism enacted;

-The Ministry of Justice ' s draft of the Ministry of Justice recommended the appraisal of the draft text of the law;

-The text of the Legal Case on the Profile of the Appraisal; the text of the document on the reception of the opinion of the Legal Affair (if any).

c) The filing of the appraisal Justice Department must be made up of 10 ministries. The drafting holder is responsible for sending the appraisal of the appraisal to the Department of Justice; the study, the process, the reception of the appraisal opinion; editing, fining the draft text; implement or propose to the Leader of the Department of the Relevant Requirements of the agencies. There is a jurisdiction until the text is issued.

What? 10. Profile, the procedure for the Law of the Appraisal

1. The French case is responsible for the appraisal of the Information draft before the Board of Ministers is enacted. The presiding officer sent two sets of files to the French case. Profile:

a) The Justice of the Law recommended that the preparation of the draft be made;

b) Minister for the draft of the Information;

c) The Information Draft after it has been studied, further feedback (3rd draft);

d) The assessment of the impact on the administrative procedure by regulation at Article 10 of the Digital Protocol 63 /2010/NĐ-CP if the draft of the Wise has a regulatory content of the administrative procedure;

The report on the proceeds of the comments made by organizations, individuals; Report of the Process of the Takeover Comments of the Law on Administrative Procedulants to the draft of the Information Information on Administrative Procedisation of the Administrative Procedre; copies of the documents It ' s the idea of the organization, the individual.

e) Other documents are related (if any).

2. The case of an appraisal case does not meet the regulation requirement at paragraph 1 This Article, for the duration of no more than 3 working days, since the filing date, the French case recommended the presiding officer to supplement the profile.

3. The case of draft information recommended that appraisal is complex content, there are various opinions on important content, involving multiple agencies, units, or the Information draft issued by the French case as the drafting chair, the French case of the proposed process. The Minister established the Council of Appraisal of legal experts and experts of relevant fields to conduct the appraisal. The appraisal outcome of the Council of appraisals is inscribed on the Appraisal Margin (prescribed in Annex 01).

What? 11. Content and the jurisdiction of the Legal Case

1. Content-draft appraisal includes:

a) The necessity of enacting, the object and the scope of the adjustment of the text;

b) The suitable content of the draft text with the path, advocated, the policy of the Party;

c) Legitimacy, legality; the unity of the draft text with the legal system and compatible with the international convention that Vietnam is a member;

d) The feasibility of the text when enacted; the compliance of the sequence, the procedure of writing text; text drafting techniques;

Proposition of a problem with different opinions.

e) If the draft of the Wise has a regulatory content of the administrative procedure, in addition to the regulatory content stipulated at the points a, b, c, d and this clause, the French case must be determined the regulation of the prescribed administrative procedure at 1 and 2 Articles 11 Parliament. Number 63 /2010/NĐ-CP, modified, supplemable at paragraph 4 Article 1 decree 48 /2013/NĐ-CP.

2. The appraisal results must be expressed in writing (prescribed in Annex 2 issued by this message).

3. The maximum appraisal deadline is 10 working days, since the day the French case has received enough filing by regulation at Article 1 of this Article 10. The case must form the Council of Appraisal or the text of complex content, which involves the specialized work of many agencies, the unit then the deadline may be extended but not more than 15 working days. The case cannot be determined, it must be written by the Minister within five working days.

Chapter V.

COPYRIGHT LAW ENFORCEMENT

What? 12. Secretary of the Justice Department

The presiding officer is responsible for the position of the Secretary of the Board of Justice.

2. The initial draft of the Department of Ministerial Parameters consists of:

a) The decision to resolve the work of the presiding officer for the drafting of the Minister by the Ministry of Culture, Sports and Tourism;

b) Minister for the draft of the Information;

c) The Information Draft has been corrected after the appraisal of the Trial of the French case (4th draft);

d) The general opinion of the organizations, individuals; the Report of the Takeover, The Interpretation Of The Opinions Of Organizations, individuals; copy of the contribution texts of organizations, individuals;

The appraisal text of the Law;

e) The program report to the intent of the appraisal;

g) Other documents are relevant (if any).

What? 13. Send the Notice to post the Public Report, site of electronic information and to check

1. The investment of the Ministry of Culture, Sports and Tourism issued or the executive order must be submitted to the Public Information and Logs at the Ministry's electronic information site. If you do not post the report, the Information is not valid (except for the text of the state secret content).

During the 2-day period of work since the date of the private practice, the office must be sent to the Public Office of the Government Office and the electronic information page of the Ministry 2 itself and the electronic record containing accurate content with the main text.

2. The private case that regulates enforcement measures in a state of emergency can come into effect since the date of the issue but must be posted right on the Ministry ' s electronic information page, coverage on the mass information media and still have to register. The slop announcement after 2 days of work since the date of the executive signing in Clause 1 Article.

3. Slowly after 3 days of work, since the date of the issue of the Notice, the presiding officer has the responsibility to send the Legal Case 1 copy to examine the provisions of the law on the law enforcement of the law.

After the rule of law was issued and published in the press, the chief executive officer was responsible for organizing that text. If the error is detected, you must make the following:

If the responsibility of the Ministry of Culture, Sports, and Tourism, the executive editor of the text must be drafted by the Minister of Culture, or the Secretary of State, signed the script, signing the document, signing it.

If the body's responsibility is wrong, the Chief Minister of the Office presiding over the text is responsible for reporting the Minister and sending the document to the Security Council.

The promulgation of the text of the rule of law issued, published the article which had to be based on the original text and not to alter the contents of the rule in the original text. Where the specified content is needed in the original text, the editor is required to follow the text of the text modification.

The engagement is only done to the official or erroneous description of the format, the text presentation technique, which does not apply the engagement to the errors of the executive base, the authority, the contents of the text of the rule of law.

3. The case of a law-breaking document issued, which has published the report that there are errors in the jurisdiction, in terms of content, the chief executive officer of the editor, or the Chief Justice of the French, must report that the Minister is only immediately enforced. That text and the rules of law.

What? 15. Compliance on the regulations on state secret protection

The drafting, taking of opinion, appraisal, promulgation of the legal code of the state secret content must comply with the laws of state secret protection laws.

Chapter VI

THE ORGANIZATION.

What? 16. Make sure to build a legal code of law

1. The bill for building a law of legal rule is arranged from the state budget and other sources of funding under the rule of law.

The Planning, Finance; Office is responsible for the layout of the annual law-building document, which guides the Department of Accounting Department agencies and the budget decision-building budget, ensuring the timely funding of the bill. Construction work, law enforcement.

2. Department agencies within the range of functions, duties, their powers are responsible for the deployment of cadres, funds; support of the means of work, information, other necessary conditions for preparation, drafting, and taking opinions and appraisal of the projects. text of the rule of law, in close coordination with the French case to ensure the procedure and the quality of text.

3. The International Cooperation Bureau is responsible for coordinating with the French case in international co-operation activities to exploit the resources, the investment project for the work-building writing business.

4. The presiding agency that drafted the law of the law proposed the topic of scientific research in the Ministry ' s annual technological science plan of the Ministry of Law on the scope of the scope of the law, the broad, complex regulatory object, the possibility of greater impact. to socioeconomic.

What? 17.

1. This message was effective from 1 January 2014.

2. This information replaces the Digital 13 /2011/TT-BVHTTDL November 7, 2011 of the Minister of Culture, Sports and Tourism stipulated on the sequence of the Ministry of Culture, Sports and Tourism.

What? 18. The responsibility for execution

The agencies, units, individuals belonging to the Ministry of Culture, Sports and Tourism are responsible for this practice.

The French case is responsible for tracking, testing and evaluating the implementation of this information.

In the course of execution, if there is an entangrium, the agency, the organization, the individual reflects on the Ministry of Culture, Sports and Tourism (through the Legal Affairs) to study, modify, add ./.