Circular 13/tt-Bvhttdl/2011: Rules Of Order And Procedure Of Construction, Issued Legal Documents Of The Ministry Of Culture, Sports And Tourism

Original Language Title: Thông tư 13/2011/TT-BVHTTDL: Quy định về trình tự, thủ tục xây dựng, ban hành văn bản quy phạm pháp luật của Bộ Văn hoá, Thể thao và Du lịch

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Pursuant to the law enacting the legal text on 03 June 2008;

Pursuant to Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text;

Pursuant to Decree No. 63/2010/ND-CP dated 8 June 2010 of the Government on the control of administrative procedures;

Pursuant to Decree No. 185/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of culture, sports and tourism;

The Ministry of culture, sports and tourism of forth order procedure in the construction, issued legal texts about culture, family, fitness, sport, and tourism as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the procedures of the Ministry of culture, sports and tourism in building, enact legal texts by the Ministry chaired drafting or issued by the authority in the field of culture, family, fitness, sports, and tourism.

Article 2. The object application this circular applies to the General Directorate, Department, Service, inspection Office (referred to as the Agency); the units of the Ministry of culture, sports and tourism and the organizations and individuals related to the sequences, procedures of construction, issued legal documents about the family, culture, sport and tourism.

Chapter II CONSTRUCTION PROGRAM in the LEGAL TEXT of article 3. Recommendation of the Agency, The units on the construction of legal texts 1. Every year, agencies, units of the Ministry (hereinafter referred to as the Agency) on the basis of the functions, duties and recommended construction of the legal text of the organizations and individuals who have content related to the scope of the Chief of the Agency's governance themselves suggest writing about the Law construction Parliament's resolutions, ordinances, resolutions of the National Assembly Standing Committee (hereinafter referred to as laws and ordinances); The Decree of the Government; The circular of the Minister of culture, sports and tourism, the joint circular between Ministry of culture, sports and tourism with the Ministers, heads of ministerial agencies, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate (hereinafter referred to as the circular).

The suggested text was sent to General Legal Services report to Minister according to the following deadlines: a) proposed building laws and ordinances under the term of the National Assembly must be sent at the latest is November 1 of the year of the first term of the National Assembly;

b) proposed building laws and Ordinances annually on the basis of the program of the Congress term must be submitted at the latest within 170 days, before March 1 of the year preceding the year of expected Congressional process, the Commission of the National Assembly;

c) suggested building laws and ordinances not yet in annual program of building laws and ordinances of the Congressional term must be submitted at the latest within 170 days, before March 1 of the year preceding the year of expected Congressional process, the Commission of the National Assembly;

d) proposed the construction of the annual decrees must be submitted at the latest on 1 September of the year is before the Government expected;

DD) recommended building the annual circular must be sent at the latest is 1 August of the year before the projected year.

2. proposed text send Service legislation has the following basic content: a) the suggested text of building laws and ordinances must clearly state the necessity to enact text, objects, the scope of the text, the views, the basic policy, the main content of the text; projected resources, conditions ensuring the text editor; the report reviews the preliminary impact of the expected time and writing the text;

b) text recommended construction of the decree must state clearly the need to enact text, subject, scope of text; basic policy content of the text, the report reviews the preliminary impact of the expected time and writing the text;

c) text recommended building the circular must clearly state the necessity of issuing documents, legal base, scope, application objects, the contents of the text; Agency name chaired drafting, coordination bodies and expected time to process the text.

3. for the proposal of building laws and ordinances, decrees, in addition to Ministry agencies submit proposed text specified at points a and b of paragraph 2 of this Article must perform the following operations: a) the Organization consulted the relevant bodies of Law construction proposal Ordinances, decrees; upload a presentation of recommends building laws and ordinances, decrees and report preliminary impact assessment on electronic information of the page as specified in point a of article 3 paragraph 1 and article 14 paragraph 4 a score of Decree No. 24/2009/ND-CP dated 11/3/2009 of government regulation and details measures law enacted legal text ( hereinafter referred to as the Decree No. 24/2009/ND-CP);

b) presiding, in collaboration with relevant agencies, to profile research suggest building laws and ordinances, the Decree prescribed at points a and b of paragraph 1; the points a, b, c and d of paragraph 2; the points a, b, c and d of paragraph 3 to article 4 and paragraph 1 article 15 of Decree 24/2009/ND-CP; complete records on the basis of the comments and suggestions, send suggestions to the Legal Service to the aggregate.

The case suggested building laws and ordinances and decrees (except the Decree specified under art. 2 article 14 of Decree 24/2009/ND-CP) have provisions related to financial resources and human resources, The leadership proposal to send the proposal of building laws and ordinances , The decree to the Finance Ministry to take comments on the reasonableness of the expected financial sources and the Interior Ministry to get comments on the reasonableness of the expected manpower.

4. With respect to the proposed construction of the decree regulating the issues necessary but not sufficient condition built into law or Ordinance to meet the requirements of governance, economic management, social management, the Agency suggest to the Minister to coordinate with the Office of Government The Ministry of Justice to prepare resumes, please comments Standing Committee on the National Assembly issued the Decree according to the provisions in clause 4 article 14 of law issued legal documents.

Article 4. Establishment of the draft proposed building laws and ordinances, decrees, circulars of Ministers 1. Establishment of the proposed draft law on construction, Ordinance, Decree on Legal Services is responsible for: a) General construction recommendation of law, ordinances, decrees of the agencies in The provisions of article 3 of this circular, and recommended the construction of laws, ordinances, decrees of the authorities, institutions and individuals, in accordance with paragraph 3 to article 3 paragraph 1 and article 13 of Decree 24/2009/ND-CP.

b) Established the draft recommended the construction law, Ordinance, Decree, the Ministers reviewed the decision.

In the process of establishing the draft proposed building laws and ordinances, decrees, legislation, organized a meeting or send the text consulted relevant bodies to modify, finalize the draft proposed the building of laws and ordinances, decrees and related records. In case of need, the Minister held the meeting with agencies under the Ministry, ministerial-level agencies, government agencies have the participation of the representative of the Ministry of Justice, phũng Chớnh Government Office, Ministry of finance, the Ministry of Interior to give comments on proposed construction law, Ordinance, Decree;

c) send to the Department of Justice, Office of the Government by the deadline specified in the paragraph 1, 2 and 3 article 4; item 7 article 14 of Decree 24/2009/ND-CP DATED after Ministers decided to recommend building law, Ordinance, Decree of the National Assembly, the Committee of the National Assembly, the Government.

2. Set up the draft circular building program of the Ministry of Legal Affairs is responsible for: a) general recommendations build circular of Ministry agencies and recommended construction of the circular of the agencies, organizations and individuals;

b) Established the draft circular building program.

In the process of establishing the draft circular building programs, Legal Services chaired the meeting organizer or send text to consult relevant agencies, modify, improve the draft circular building programs to the Minister for consideration and decision.

3. The Office is responsible for the notification or the stars sent within 5 working days from the date of the program building laws and ordinances, decrees, circulars are approved by the authority for the Agency chairing the drafting to implementation.

4. Legal Service program base building laws and ordinances, decrees, circulars are issued the approval authority, in cooperation with the Office performed the track, urging the construction progress text.

5. The bodies suggested the text construction is responsible for ensuring timely and quality text editor under the program of building laws and ordinances, decrees, circulars are approved by the authority; the Minister reports on the progress made.

Article 5. Tailor your proposal to build legal writing 1. The cases suggest tuning: a) taken out of the program the text not yet issued or required is no longer necessary to enact due to the change in the socio-economic conditions;

b) back the process due to the slow progress of the editor or the text quality is not guaranteed;

c) additions to the text of the program due to the request of the management or to amend in accordance with the new text was enacted to ensure the uniformity of the legal system or to implement international commitments.

2. procedure adjustment: a) in the case provided for in point a and b paragraph 1 of this article, the agency recommended tuning must have written the report the Minister (through the Service legislation). With regard to laws, ordinances, decrees, in addition to writing the report, the Minister proposed to draft the Papers of Ministers, stating the reason, the direction, the solution, the time taken to process the Prime Minister through the Department of Justice, Office of the Government;

b) in the case provided for in point c of paragraph 1 of this article, the agency recommended adjustments should follow the suggested procedure to build the text as specified in articles 3 and 4 of this circular.

Chapter III DRAFTING of LEGAL TEXTS article 6. The Agency chaired drafting


1. the Agency has proposed the construction of laws, ordinances, decrees, circulars in the law building program was approved by the authorized under the provisions of chapter II of this circular is the Agency chaired drafting.

2. drafting case decisions of the Prime Minister (hereinafter referred to as the decision) or a text editor according to recommendations of organizations, individuals, Ministers decided to communicate to the Agency under the Ministry in charge of the specialized field concerned the Agency is chairing the drafting.

Article 7. The order of drafting the law, Ordinance, Decree, decision 1. For those documents by the Ministry of culture, sports and tourism was given the host Editor, to establish the national Editorial Board as specified in articles 20 and 25 of Decree No. 24/2009/ND-CP. Organization and operation of the drafting Committee made under the provisions of article 21 , 22, 23 and 24 of Decree 24/2009/ND-CP.

2. The Agency chaired drafting is clue to help the Secretary performs the following tasks: a) guarantee the operational conditions of the editor and Editorial Board;

b) to coordinate and facilitate the drafting Committee of the law enforcement situation; impact assessment when drafting the law, Ordinance, Decree; survey, evaluate the reality of social relations in relation to the content of the draft; Research Organization of information, documents, international treaties to which Vietnam is a member related to the draft; preparing the outline, compiling, organizing and modify before sending the draft evaluation.

When the text editor has content rules on administrative procedures, in addition to the implementation of the above provisions, the Agency chaired drafted also must evaluate implications for the administrative procedure according to the provisions of article 10 of Decree 63/2010/ND-CP dated 8/6/2010 of the Government on the control of administrative procedures (hereinafter referred to as the Decree 63/2010/ND-CP);

c) presiding, in cooperation with the relevant agencies in preparing the draft text detailing the implementation.

3. organizations consulted in the process of drafting: a) held opinions of the agencies, organizations, individuals and objects subject to the direct impact of the text, in the form of: direct poll; send the draft for comments; Organization of workshops; through the electronic portal of Government of the Ministry, or the mass media;

b) chaired the drafting agencies must submit the draft text to the ministries, ministerial agencies, government agencies to get comments, which must take the opinion of the Ministry of finance, the Ministry of the Interior if there are regulations related to financial resources and human resources. Text case rules of administrative procedure, before submitting the evaluation, the Agency chaired the drafting to take the comments of the Bureau of control procedures in government offices as defined in art. 1 article 9 of Decree 63/2010/ND-CP profile send comments please follow the provisions of article 10 of Decree 63/2010/ND-CP.

Text comments are regulates the time limit for replies is slow as 20 working days from receipt of full text and the suggested profile feedback;

c) posting of draft content page on the Ministry's electronic information to obtain extensive comments of the organizations and individuals, as follows:-the Agency chaired drafting have posted recommendations text information sent to the information technology center of the Ministry;

-Send attached the text suggested 1 electronic records the content of draft legal text as specified in paragraph 2 to article 57 of Decree 24/2009/ND-CP (draft signed confirmation of heads and hanging of the Agency chaired drafting for the Agency to have its own stamp);

-Posted 01 soft second draft content of the text through the electronic mailbox of the information technology center;

-The Center for information technology is responsible for posting the full text of the draft within 7 days from receiving the full request at this point;

d) chaired the drafting agencies are responsible to acquire research opinions of the agencies, organizations and individuals. The case of not receiving comments, the Agency chaired drafting specific explanation must be in writing.

Article 8. Draft circular sequence 1. Depending on the content of the circular, the Secretary may decide to establish the national agency representatives chaired drafting, legislation, administrative control in the Office (if the draft text has the content of the rules of administrative procedure), agencies, units or individuals of the the relevant departments (if circular). Heads chaired drafting nest National Chief, responsible to the Minister in terms of content, the quality, the progress of the drafting of the circular.

2. The Agency chaired drafting is responsible for the organisation of the implementation of the law; the survey reviews the reality of social relations; research information relevant to the content of the draft; preparing the outline, compiled and corrects the draft; the organization took comments; posted posted the full text of the draft (2nd) on electronic information of the page as specified in point c of paragraph 3 article 7 of this circular before the expected time the Minister issued at least 60 days to get the opinions of individual institutions; preparing the papers and documents related to the draft for submission.

Draft circular case with content rules on administrative procedures, in addition to the implementation of the above provisions have to evaluate the effects of administrative procedure according to the provisions of article 10 of Decree 63/2010/ND-CP.

3. organizations consulted in the process of drafting: a) depending on the nature and content of the text, the Agency chaired the meeting Organization drafting opinions directly or submit the draft opinions of the Organization, the individual is subject to adjustments of the text and the agencies, the unit performs the function of State management staff concerned. If the object needs to get comments is the Ministry, ministerial authority, the Government agency heads presiding Deputy opinion editor in charge of the decision blocks;

b) circular case with content rules on administrative procedures, Legal Service before sending the appraisal, the Agency chaired the editor make comments such as the following:-for circular, take the comments of the Bureau of control procedures in government offices as defined in art. 1 article 9 of Decree 63/2010/ND-CP of records submitted comments made according to the provisions in clause 2 article 9 of Decree 63/2010/ND-CP;

-As for the circulars, opinions of administrative control in the Office as specified in point b of paragraph 1 article 9 of Decree 63/2010/ND-CP profile send comments please follow the provisions in clause 2 article 9 of Decree 63/2010/ND-CP;

c) text of opinions the Agency, unit and control room administrative procedures in the Office are stipulated time limit for reply of 10 working days from the date of full text and the suggested profile feedback. Case opinions of administrative control Bureau in the Office of the Government specified in point b of this paragraph, text comments are regulates the time limit for replies is slow as 20 working days from receipt of full text and the suggested profile feedback.

4. The Agency chaired drafting is responsible for acquiring research opinions of the agencies, organizations and individuals. The case of not receiving comments, the Agency chaired drafting specific explanation must be in writing.

Chapter IV EVALUATION of the DRAFT LEGAL TEXT of article 9. Procedures, records suggest the Justice Department evaluation 1. Project profiles, draft law, Ordinance, Decree, decided to send the Justice Department evaluation including: a) sheets of the Government on the project, the draft law, Ordinance, Decree; the draft documents the Prime on the decision;

b) A demonstration project details, draft;

c) draft text after receiving comments and suggestions;

d) A synthesis of the opinions of the agencies, organizations, individuals on the draft text; a copy of the comments of the ministries, ministerial agencies, government agencies; justification about receiving comments on the draft text;

DD) assessment of impact on administrative procedures; justification about receiving comments of the Bureau of administrative control in Government Office (if the project, draft regulation on content of administrative procedure);

e) assessment report on the impact of the draft text (for projects, draft law, Decree, Ordinance);

g) report summarizing the enforcement of law, reviews the reality of social relations related to the main content of the draft text (for projects, draft laws and ordinances);

h) other related documents (if any).

2. procedure for submitting records suggest the Justice Department evaluation: a) records as defined in paragraph 1 of this article must be legal Service checks and official comments before submission to the Minister to review the decision;

b) after the opinion of the Legal Service, the Agency chaired drafting the perfect record, the Secretary to the Ministry of Justice proposal evaluation. In addition to the documents prescribed in paragraph 1 of this article, the Ministers profile suggest that the Ministry of Justice evaluators must have the following documents:-Documents the Agency's Minister chaired drafting;

-Draft of the dispatches sent the Ministry of Justice proposed the evaluation of draft legal text;

-The text of the legislation regarding the proposed evaluation profile; explanatory text about receiving the opinion of the Legal Service (if available).

c) suggested the Justice Ministry records appraisal must be established as 10. The Agency chaired drafting is responsible for submitting the records suggest the appraisal to the Ministry of Justice; research, interpretation, acquiring evaluation comments; modify, finalize the draft text; made or proposed to the leaders of The relevant request of the competent authority until after the text was issued.

Article 10. The recommended procedure for record Service legislation evaluation 1. Legal services is responsible for appraising the draft circular before the Minister signed the promulgation. The Agency chaired drafting posted 2 proposed evaluation profile sets to Service legislation. The records include: a) The text of recommendation Service assessment legislation the draft circular;

b) sheets of the Ministers on the draft circular;

c) draft circular after studies, receiving comments and suggestions;


d) A rating impact on administrative procedures; justification about receiving feedback control Bureau's administrative procedures in government offices (for circular) or of administrative control in the Office (for private) if the draft circular with content rules on administrative procedures;

DD) reporting currency, the opinions of the individual units; copy the text suggestions of bodies, the unit, the individual;

e) other related documents (if any).

2. where the assessment records do not meet the requirements specified in paragraph 1 of this article, within a period not exceeding 3 (three) working days from the date of receipt, the Agency proposed legislation chaired drafting complementary profiles.

3. in case the draft circular suggest that evaluators have complex content, there are many different opinions about the content matter, involving many agencies, units or the draft circular by the Legal Services Agency is chairing the drafting proposed legislation, the Minister established authority consisting of legal experts and specialists related fields to conduct due diligence. The Board's evaluation results evaluation is recorded in the minutes of the appraisal (in the form prescribed in annex No. 1 attached to this circular).

Article 11. The content and the time limit for the evaluation of Service legislation 1. Content appraisal the draft circular include: the need to enact, the object and scope of the text;

The suitability of the content of the draft text to the way, the party's policies and guidelines;

Constitutionality, legality; consistency of the draft text with the legal system and compatible with international treaties to which Vietnam is a Member;

d) the feasibility of the text when it was issued; compliance with the order and procedure for drafting the text; technical text editor;

DD) propose handling the problems also have different opinions.

2. evaluation results must be made in writing (in the form prescribed in annex No. 2 attached to this circular).

3. If the draft circular with content rules on administrative procedures, in addition to the contents specified in the assessment of points a, b, c, d and DD clause 1 of this article, the legislation must consider the issue according to the provisions of article 7 and paragraphs 1, 2, 4 and 5 article 8 of Decree 63/2010/ND-CP on the evaluation results of administrative procedures must be stated clearly in writing the evaluation. Where necessary, the legislation invited representatives of administrative procedure control Rooms in the Office participated in the evaluation procedure content.

4. evaluation period a maximum of 10 working days from the date of Service legislation get enough profile as specified in item 1 article 10 of this circular; the case must establish authority or the text contents are complex, involving the work of many professional bodies, the unit, the time limit may be extended but not more than 15 working days; the case can not be verified to have the Minister report text.

5. The Agency chaired drafting is responsible for researching, acquiring, justification the opinion writing assessment and control, improve the draft circular before the Minister signed the promulgation.

Chapter V ISSUED LEGAL DOCUMENTS article 12. The Minister signed the issued Circular 1. The Agency hosted the editor responsible for the Minister signed the promulgation of circulars.

2. draft circulars profile Ministers sign the issued include: a) the vote process to resolve the Agency's job of presiding over the drafting process of the Minister in the form prescribed by the Ministry of culture, sports and tourism;

b) sheets of the Ministers on the draft circular;

c) draft circular was justified after evaluation of the opinion of the Legal Service;

d) reporting currency, the opinions of the individual units; copy the text suggestions of bodies, the unit, the individual;

DD) valuation of the text Service legislation;

e) report receiving awards assessment opinions;

g) other related documents (if any).

Article 13. Send circulars to Post Gazette, electronic and information page to check 1. The circular of the Minister of culture, sports and tourism issued or contact President issued must be added The newspaper and electronic information of the page. If not post Gazette, the circular has no effect (except for the text content in State secrets).

Within 2 working days from the date of signing issued circulars, the Office must be sent to The Agency by government offices and electronic information page of the 2 originals of the same electronic record contains the correct content to the main text.

2. in case of circular provisions enforcement measures in an emergency situation, you can in effect since enacted but must be posted on the Ministry's electronic information page, info on mass media and still have to Post Gazette at the latest after 10 working days from the date of signing issued as prescribed in paragraph 1 of this article.

3. At the latest after 10 working days from the date the circular was issued, the Agency chaired the editor is responsible for sending the Service legislation 01 to test according to the provisions of article 6 circular No. 14/2009/TT-BVHTTDL on 31/12/2010 by Secretary of the Ministry of culture, sports and tourism on check handling the legal text; monitor, assess, scrutinize, codified the legal texts in the field of culture, family, fitness, sports, and tourism.

Article 14. Revised legal text 1. After the legal text was promulgated and published in the Gazette, heads chaired drafting organization responsible self test that text. If found to have flaws, they must implement the revised as follows: a) If errors are the responsibility of the Ministry of culture, sports and tourism, the Agency chaired the right text editor text editor revised the Minister or Deputy Minister signed a text which issued signed the revised text;

b) If errors are the responsibility of The agency report, the heads chaired text editor is responsible for reporting the Minister and submit the text suggested the revised report.

2. The revised legal text enacted, has posted The report is based on the original text and do not alter the content of the provisions in the original text. The case saw the need to change the content specified in the original text, the Agency chaired the drafting to implementation in order to modify the text.

The only fix for typos or errors on the form, a text presentation technique, do not apply the fix for the flaws of the base, the authority, the content of the legal texts.

3. in case of detection of legal text enacted, has posted The report make mistakes about authority, about the content then heads chaired the editor or Director of Legal Affairs shall report the Secretary to suspend immediately the enforcement of that text and processed according to the provisions of the law.

Article 15. Compliance with the provisions on the protection of State secrets, drafting comments, appraisal, issued legal documents with content in State secrets must comply with the provisions of the law on the protection of State secrets.

Chapter VI ORGANIZATION of the IMPLEMENTATION of article 16. Guarantee for building the legal text 1. The expense of building the legal texts are arranged from the State budget and other sources of funding support under the provisions of the law.

Service plan, Finance Office, are responsible for arranging the funding to build the legal texts, guides the Agency in The estimating and finalizing funding construction of the legal text, ensure timely funding for construction, issued legal documents.

2. The agencies of the Ministry within the scope of the functions, duties, their powers are responsible for arranging, funding officers; support the work of the media, information, the conditions necessary for the preparation, drafting, and evaluation of the draft legal text, works closely with legal Services to ensure that the procedure and the quality of the text.

3. The Bureau for international cooperation is responsible for coordinating with legal Services in international cooperation activities to exploit the resources, investment projects for building the legal text.

4. The Agency chaired drafting legal texts proposed scientific research topics in science and technology plan of the Ministry with regard to the legal text has the scope, subject to broad, complex, potentially causing major impact to social-economic.

Article 17. Effect 1. This circular has effect from January 1, 2012.

2. From the date of this circular effect enforcement, regulation on the order and procedure for drafting, evaluation, issued legal documents of the Ministry of culture, sports and tourism attached to decision No 82/2008/QD-BVHTTDL on October 15, 2008 by the Minister of culture Travel, sports, and most effective.

Article 18. Responsibility 1. The Agency, the individual units of the Ministry of culture, sports and tourism is responsible for implementation of this circular.

2. Service legislation is responsible for monitoring, checking and evaluation of the implementation of this circular.

3. in the implementation process, if there are obstacles, the proposal reflects the timeliness of the Ministry of culture, sports and tourism (through Service legislation) to study, modify, Supplement.