Circular 13/2013/tt-Bct: Amendments And Supplements To Some Articles Of The Circular No. 01/2011/tt-Bct On May 31, 2010 The Minister Of Industry And Trade Regulations On The Building, Appraised And Issued Written B

Original Language Title: Thông tư 13/2013/TT-BCT: Sửa đổi, bổ sung một số điều của Thông tư số 22/2011/TT-BCT ngày 31 tháng 5 năm 2011 của Bộ trưởng Bộ Công thương quy định về việc xây dựng, thẩm định và ban hành văn b

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MINISTRY OF COMMERCE
Number: 13 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 9, 2013

IT ' S SMART

Edit, add some of the stats of the Digital 22 /2011/TT-BCT May 31, 2011 by the Minister of Commerce

regulation of the construction, appraisal and issue of the copyright law of the Ministry of Commerce

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Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

The French base orders the United Nations Standing Committee to rule the law of the Standing Committee of the National Assembly;

Base of Protocol 48 /2009/NĐ-CP May 19, 2009, of the Government of the United States Regulation of Gender equality;

Base of Protocol 35 /2011/ND-CP May 18, 2011 of the Government on the measure of the protection of national security, safeguards, social security;

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;

On the recommendation of the Chief Justice of the Law;

Minister of Labor Department of Commerce amended, compleming some of the provisions of the Digital News 22 /2011/TT-BCT May 31, 2011, of the Minister of Commerce Regulations on the Construction, Appraisal, and promulgation of the Law of the Ministry of Commerce.

What? 1. Modified, supplement some of the provisions of the Digital 22 /2011/TT-BCT May 31, 2011 of the Minister of Commerce Regulations on the Construction, Appraisal and promulgation of the Law of the Ministry of Commerce.

1. Add to a paragraph d 1 Article 5 as follows:

" d) Control define content related to gender equality or gender inequality, discrimination against gender. In the case of determining which content related to gender equality, gender discrimination, it is necessary to envisage policies and measures to exercise gender equality, not discrimination on gender; determining the human resources, the financing needed to implement gender equality. The declaration of gender equality in the proposal for the construction of the law of its own unit. "

2. Add to paragraph 5, Article 7 is as follows:

" 5. Before sending the case of the Inquisitor to the law, the ordinance, the decree and decision of the Prime Minister, the proposed unit must send all the prescribed records at paragraph 1, 2, 3, 4 This goes to the Ministry of Public Security for comment on the appropriate protection requirements. Security, order ".

3. Additional Article 14a as follows:

" 14a. The cage of gender equality in the process of drafting the rule of law.

In the process of drafting the rule of law that has content related to gender equality, the drafting chair is responsible for implementing regulation at Article 8 and Article 10 of the number of resolutions. 48 /2009/NĐ-CP May 19, 2009, of the Government of the United States Regulation of Gender equality. "

4. Modified, add Article 15 as follows:

" 1. In the process of drafting the rule of law, the draft holder must take the opinion of the agencies, organizations, individuals, and objects that are subject to the direct impact of the text, possibly by the forms: take direct opinion; submit the draft to the purpose; organization of the seminar; through the government's electronic information page, of the Ministry of Commerce or the media.

2. For the bill of law, the ordinance, the presiding officer must submit the draft to the ministries, the peer-to-peer agency, the Government agency for the opinion. In it, the Finance Ministry 's opinion on the financial resources, the Interior Ministry' s opinion on human resources, the opinion of the Ministry of Natural Resources and the Environment on environmental impact, the Foreign Ministry ' s opinion on the compatibility with the relevant international treaty that the Republic has. The Socialist Republic of Vietnam is a member, the opinion of the Ministry of Public Security concerning security, order.

3. For the Government 's draft resolution, the Prime Minister' s decision, the Minister ' s Discretion, The Drafting of the Presiding Officer must take responsibility for the organization to take the opinion according to the following regulation:

a) For the draft of the Government's decree: The drafting of the drafting unit must take the Ministry's opinion, the peer-to-peer agency, the government agency, the subjects that are subject to the direct impact of the text; stating the problems that require the opinion and the specific identification of the address. A donation.

The drafting holder is responsible for aggregation, internship, process of internship content, or no further contributions to contributions. The reception document or presentation of the comments and the draft was followed, correct to be posted on the Government ' s Electronic Information Portal, of the Ministry of Commerce.

For the draft regarding the rights and obligations of the business, the drafting holder is responsible for sending to the Chamber of Commerce and Industry of Vietnam to take the opinions of the businesses;

b) For the decision draft of the Prime Minister 's decision, the Minister' s privacy: The drafting of the drafting holder is responsible for holding the opinions of the Ministry, the relevant sector according to the nature, the content of the draft; take the opinion of the subject subject to direct impact. It ' s about the text and the body, the organization, the individual in terms of this.

The case of a regulated text concerning the rights and obligations of the business, the drafting holder is responsible for sending to the Chamber of Commerce and Industry of Vietnam to take the opinions of the businesses. .

4. For the Government 's draft resolution, the Prime Minister' s decision is concerned with security, order, in addition to having to take the opinion of the agencies, units, organizations, individuals according to the regulation at paragraph 3 This, the drafting holder responsible for the government. send a draft profile to the Ministry of Public Security for comment on the impact of text on the request for security protection, order.

5. The drafting holder is responsible for aggregation of opinion according to object groups; sending the Legal Case to post on the electronic information page of the Ministry of Proceeds or the Interpretation of the comments and the draft has been followed.

6. The drafting unit for the drafting of the Legal Department posted the draft and the report assessment of the impact of the text (for the bill, ordinance; draft Government decree), to define the address and the deadline to receive comments on the Electronic Information Portal. of the Government or of the Ministry of Commerce in the time of at least 60 (sixty) days for the agency, organization, individual to notice. "

5. Add to paragraph 4 Article 16 as follows:

" 4. In the process of drafting the draft law that rules the procedure for the administrative procedure the drafting of the drafting chair must make an impact assessment on the regulation of administrative procedures in accordance with the following criteria:

a) the necessity of administrative procedure;

b) The validity of administrative procedure;

c) The legitimacy of the administrative procedure;

d) The costs of compliance with administrative procedures.

The assessment of the impact of the administrative procedure is carried out by the template issued by the Minister of Justice "

6. Modified, add Article 19 as follows:

" Article 19. Taking an opinion on the regulation of administrative procedures in the project, the draft text of the law rules.

1.Before sending the appraisal, the drafting chair unit must submit the agency ' s opinion, the unit that controls the administrative procedure under the following regulation:

a) Take the opinion of the Administrative Procedal Control Authority (of the Ministry of Justice) for the regulatory procedure stipulated in the draft law, the ordinance; the draft of the Government ' s decree, the draft decision of the Prime Minister, the draft of the nationality;

b) Take the opinion of the Law of the Law on the regulatory procedure specified in the Minister's private draft.

2. Content for opinion on the regulation of administrative procedure under regulatory matters at Article 7 and Article 8 of the Digital Protocol. 63 /2010/NĐ-CP June 8, 2010 the government regulates administrative control.

In the case of the need for the preparation of the organization, the organization is relevant and the subject is subject to the impact of the procedure on administrative procedures through consultation, conferences, seminars, or forms of opinion issued by the Ministry of Justice and published by the Ministry of Justice. on the basis of national data on administrative procedures for aggregation of the draft of the drafting chair.

3. The draft holder is responsible for the study, which continues the opinion of the Regulation by regulation at the point b 1 This Article. In the absence of an opinion, the principal drafting unit must have a written specific solution and must send the entire case to the French case for the appraisal. "

7. Modip the clause 5 Article 20 as follows:

" fuck. The process report on the reception of the opinion on the administrative procedure stipulated at the point b 1 Article 19 of this Information ".

8. Add to 6 Article 23 as follows:

" 6. Other specific content: For the draft text of the rule of law with the regulation of administrative procedures, the French case is responsible for appraisal of administrative procedures in accordance with the criteria specified at 1 Article 10 of the Digital Protocol. 63 /2010/NĐ-CP June 8, 2010 by the Government of the Regulation of Administrative Procedisship Control and expresses this content in the Appraisal Report.

In the process of the jurisdiction of the rule of law that involves gender equality, the French case is responsible for implementing regulation at Article 8 and Article 11 of the Decree. 48 /2009/NĐ-CP May 19, 2009, of the Government of the United States Regulation of Gender equality. "

9. Fix 1 Article 24 as follows:

" The Law of the Supreme Court of the Law of the Appraisal of the Law. For text-related texts relating to specialized technical elements, the content of various opinions, the French case may invite a representative unit of drafting, drafting, experts, technicians, and other units involved. participate in the appraisal meeting. "

10. Revitalization of Chapter V to "Board, publication, translation and merging text of the law of the law".

11. Corrects 2 Article 26 as follows:

" 2. The initial draft of the Executive Editor must have full of the prescribed documents at this 1 Article; the signature abbreviation of the unit leader editor; the signature of the French leader in the right corner of each page of the draft text and the letter shortcuts. of the Chief of Staff of the Office of the Final Office at the final position in the "place of receiving" regulations at paragraph 2 Article 9 Regulation (template) of text work, issued issued issued by Digital Information 04 /2013/TT-BNV April 16, 2013 by the Minister of the Interior directed the construction of the process of office work, the archives of the agencies, the organization. "

12. Modified Clap 2, Article 29 as follows:

" 2. The translation is done in the form of an organization, the individual has the expertise ".

13. Additional Article 29a as follows:

" 29a. Merger of the text of the law.

1. The revised text, the addition of some of the provisions of the rule of law which must be technically united with the revised, complementary text.

2. The units of the Ministry within the functional range, the task of which is responsible for presiding over the merger of the legal code of law by its unit presiding over and coordinating with the French Case of the Secretary of the Contracting Act. It is time to rule in paragraph 3 of Article 6 and paragraph 5 Article 7 of France's order to merge the law of the law as follows:

a) For the merger of the government ' s rule of law, the Prime Minister, the written citizenship of the Government with the central body of the political organization-society: In the time of the 05 (year) day of work, since the date of the revised text, add to the Office of the Government sent, the drafting holder is responsible for the merger and the Secretary of the Authentication Secretary in the merged text;

b) For the merger of the text of the rule of the Minister: In the time of the 05 (year) day of work, since the date of the statute of the statute of the rule of law, the drafting holder is responsible for the merger of the merger and the Minister for the Secretary to authenticate. The most important thing.

3. After the merger of the merger, the most signalling units proceed to submit the merger of the merged text on the Electronic Report and the Electronic Information Portal as follows:

a) For the merger of the government ' s rule of law, the Prime Minister, the office of citizenship between the Government with the central body of the political organization-society: The merger of the merger sent the merged text to the Office of the Ministry to send the Office. The government put on the Government ' s Electronic Information Portal and sent the Electronic Report on a 2-day period of work, since the day the Minister was confirmed;

b) For the merger of the Code of the rule of the Minister: The most contracting unit sends a merger text to the Office of the Ministry to include the Electronic Information Portal of the Ministry of Commerce and register the electronic paper immediately after the Secretary of the Law is validated.

4. Report mode: The most active host of documents is responsible for reporting on the situation to implement the legal procedure of the law of its unit periodically six months, every year, or a break-in of the General Legislation Case, report the ministry. "

14. Remove point c, paragraph 2 Articles 18 and Appendix 4, Annex 5, Annex 6 issued by Digital Notice 22 /2011/TT-BCT May 31, 2011, of the Minister of Commerce Regulations on the Construction, Appraisal, and promulgation of the Law of the Ministry of Commerce.

What? 2. Responsibility

The Minister of the Ministry, the Minister of Units of the Ministry and the organizations, the individual is involved in the responsibility of this practice.

What? 3. Effect of execution

This message is valid since the date of the issue.

Minister.

(signed)

Your Majesty.