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Decree 104/2004/nd-Cp: About The Gazette Of The Socialist Republic Of Vietnam

Original Language Title: Nghị định 104/2004/NĐ-CP: Về Công báo nước Cộng hoà xã hội chủ nghĩa Việt Nam

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DECREE PHỦVề Gazette of the Socialist Republic of Vietnam PHỦCăn MAIN government organization law on 25 December 2001; Pursuant to the law enacting the legal text on 12 November 1996, the law on amendments and supplements to some articles of the law enacting the legal text on December 16, 2002; Pursuant to Decree No. 18/2003/ND-CP, dated 20 February 2003 of the Government functions, tasks, powers and organizational structure of the Office of the Government; According to the recommendation of the Minister, the Chairman of the Government Office, CONFERENCE ĐỊNHChương INHỮNG CHUNGĐiều REGULATIONS 1. Object, scope of this regulation specified the địnhNghị position, the function of the Official Gazette of the Socialist Republic of Vietnam (hereafter referred to as The notice); the mission, organization and operation of the Gazette; procedure for sending, receiving and posted the text of the law on the Official Gazette; the responsibility of the State bodies for the legal text in the Official Gazette. Article 2. The location, the function of The báo1. The report is the publication of legal information, official home of the Socialist Republic of Vietnam by the unity Government to manage; functions declared the legal documents and the time effect of the text to which the provisions of the law, the international treaties already in force against the Socialist Republic of Vietnam, except the International Convention of the parties to the agreement are not published or are not allowed to publish under the decision of the competent authority; information, common law by the organs, organizations and authorities of the Socialist Republic of Vietnam issued (hereinafter referred to as the competent body). 2. The report was published in the Central and in the provinces, the central cities (hereafter referred to as the provincial level); be released for everyone to use. 3. The report includes: The print and the electronic Gazette. The newspaper published at Central has the Gazette supplement. The Prime private rules on the operation of the electronic Gazette. Article 3. The report 1. The report includes the report of the Central and in Official Gazette at the provincial level, is the Agency tasked to receive, register, system, store, disseminate the text of the law of the competent bodies issued sent to; publishing organization, released The report. 2. The Central Organisation in the reception, registration, storage, system, common legal documents of the competent agencies in the Central Government issued; the organization published, released documents Gazette of the Socialist Republic of Vietnam. The report in the provincial organization of the reception, registration, storage, system, common legal documents of the competent bodies at the provincial level, district level; the organization published, released documents Gazette local in scope. Article 4. Guidelines posted on The báo1. The newspaper published the full text, correct, adequate, timely legal documents do the competent authorities issued. 2. The report is not posted on State secret documents belonging to the category of State secrets under the provisions of the law. Article 5. The text posted on the Gazette in Central ương1. Legal documents by the competent authorities in the Central Government issued. 2. The decision of the competent body text processing is unlawful; the particular text; the text has legal value by the competent authorities decisions. 3. International treaties already in force with respect to the Socialist Republic of Vietnam as prescribed in clause 1, article 2 of this Decree. The newspaper supplement was released with The report, posted on the draft text of the law when the State Agency has the authority to decide to post to get the opinions of the agencies, organizations, individuals. Article 6. The text posted on The newspaper published in the province level 1. The legal texts by the people's Council and provincial people's committees, district level. 2. The decisions of the competent bodies to handle text contrary to law; the particular text; valuable legal texts by the Chairman of the provincial people's committees, district level decision. 3. Be posted again legal texts published in the Official Gazette of the Socialist Republic of Vietnam by the competent authority in the issuing of local central. Article 7. The legal value and the time effect of the text posted on the Gazette 1. Legal documents posted on the Gazette has the same value with the original text; is the only official text of the same original text used to collate and use in all cases when there is a difference between the text posted on The newspapers and text from other sources, or when there is a legal dispute. 2. The texts of the laws by the publishers, news agencies in the publication, do not have the same legal value as when published in the Official Gazette that the only valid reference. 3. The time of validity of the legal text is the time specified in article 75 of the law on amendments and supplements to some articles of the law enacting the legal text in 2002. The time of validity of the legal texts by the Government, the Prime , Ministers, heads of ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate issued and legal documents issued as President after fifteen days from the date The quote or later force if specified in that text. With regard to legal texts by the Government, the Prime Minister, the Ministers and the provincial people's Committee issued to apply enforcement measures in an emergency situation, the effective time specified at the right of that text, regardless of the date The report. 4. The time of validity of the individual texts and texts other legal value because the competent authority issued the text of the decision right in the text that, regardless of the date The report. The time effect of international treaties with regard to the Socialist Republic of Vietnam are determined by agreement of the parties or by the provisions of the law on signing and implementing international treaties and enshrined in the text copy of contents of international treaties. 5. The time of validity of the legal text posted on the provincial Gazette does not depend on the date The report Chapter IITHỜI TERM and PROCEDURE for SUBMITTING, RECEIVING, TEXT REGISTRATION to POST the BÁOĐiều 8. The time limit for sending the text to The báo1 post. Text by the competent State agencies in the Central Government issued must be sent to the central message of the two days of enactment, to post The report. 2. Text by the competent State agencies in the province, the city of centrally issued must be sent to the Agency at the latest Provincial Gazette is two days from the date of enactment, to post The report. 3. The report must receive the full, correct legal procedure the text issued by the agencies send to according to the prescribed time limit on here to Post Gazette. Article 9. Procedure for sending, receiving, sign posted to The báo1 text. The text added to the Gazette is the original text. 2. send text case Post Gazette is the right to copy with the original, or are taken from the original, signature and stamp of certifying authority has signed or authorized person. 3. Send text to Post Gazette is a print or electronic copy sent via the network must have the correct content to the original, the recipients are inscribed the words "Gazette", or indicated on the voucher sent text the words "send text Post Gazette", stating the day, month, year. 4. The text submitted to the Agency must be registered to Gazette "registry and collated text Post Gazette". 5. The report to the full archive of legal documents do the competent authorities send to and classified according to the system for the retrieval, use. Chapter IIITRÁCH of the COMPETENT AUTHORITY ISSUED the TEXT for the TEXT on the BÁOĐiều 10. The responsibility of the competent authority issued the text in the text sent to The báo1. The competent authority issued or agency is the Agency issued an authoritative text is responsible for sending the full, timely documents issued to The newspaper agency as defined in article 8 of this Protocol. 2. The head of the competent authority issued or agency is the Agency issued an authoritative text is responsible for checking, the urge to send text to the Gazette and to be responsible for the accuracy of the text, about not sending, sending incomplete or not submitted on time to the text to Post Gazette. Article 11. The responsibility of The Agency in the posted text 1. Reception, on "the registry and collated the text posted The quote" all the text by the competent authority issued or agency is the Agency issued an authoritative text. 2. The newspaper posted the text sequence: previous text posted before, then posted the following according to the numbers registered in the "registry and collated text Post Gazette". Case of legal texts by the ministries, ministerial agencies has issued regulations to adjust content or decide the measures, important policy must apply timely, is the head of the Agency issuing the written request in writing then published The report immediately to ensure the time that text's effect. 3. At the latest after fifteen days from the date of the text, to post the text on The paper. 4. Be responsible about not posting, post is incorrect, incomplete or slow post post the text received. 5. The system, stored, disseminated, provided the text has posted The report. 6. Return the Agency has the authority to enact the text when discovered that erroneous text on the content and legal procedures in issuing and sending the text to Post Gazette. Article 12. Revised text on The text after báoCác published in the Official Gazette, if found to have flaws, they must be revised: 1. If errors are the responsibility of the competent authority issued the text then the head or the person authorized by the body that must sign the revised text. 2. If errors are the responsibility of The Agency in the Central text revised by the head of The agency report central or who is authorized to sign the revised text. If errors are the responsibility of the Agency in the provincial Gazette, the text revised by the person in charge of the provincial Gazette agency or person who is authorized to sign the revised text. Chapter IVTỔ, VÀQUẢN OPERATIONS on the BÁOĐiều 13. Organization of The report 1. The central message is that business units directly under the Text Government rooms; have legal personality, has its own stamp and account. 2. The report in the provincial people's Committee Office, central cities. Organization Provincial Gazette due to the Chairman of the provincial people's Committee. Article 14. Publishing activity, release The báo1. The central alarm Agency and provincial Gazette publishing organization, widely released Gazette newspaper in the State bodies, social organizations, social-political organizations, professional organizations, the armed units and in people, including individuals, organizations , foreign representative offices in Vietnam. 2. the State guaranteed funding for the works published in the Royal Gazette. Annual funding for works published Gazette are estimation and allocated in accordance with the current legislation. 3. The Gazette Sheet be issued do not collect money for some of the object due to the Prime Minister to decide. The newspaper was allowed to collect from the publishing activity, The newspaper publication issued to offset a portion of spending from the budget for this activity. 4. The newspaper report was released through The Agency, postal enterprises, agencies and individuals. The report was released to foreign countries and have been translated into foreign languages. The translation is only valid reference. Article 15. The governance of The báo1. The unified Government to manage state on The report. 2. State management content about the Gazette include: a) construction planning, The development plan. b) issued legal documents as the basis for the operations of the newspaper. c) instructions, inspection, inspection of the implementation of the rules on publishing activities, the release of The report. d) reward, the handling of violations, complaints, accusations related to operation of The notice. 3. Government Office to help the Government directly manages the Agency's activities comprehensive Gazette in Central, managed the publication and release of documents Official Gazette of the Socialist Republic of Vietnam, including the management of The newspaper publications translated into foreign languages. Government offices to help guide government operation of provincial Gazette Agency. 4. The provincial people's committees to manage activities and decide on the printing, release the local Gazette newspaper.                                        Chapter VKHEN VÀGIẢI DISCIPLINE, COMPLAINTS, ELEMENT CÁOĐiều 16. Every organization, individuals must have the responsibility to implement the provisions of the Decree on the Gazette. The Organization, individuals made exceptional provisions of this Decree will be rewarded according to the rule of law. Article 17. Organizations and individuals violating the legal provisions regarding The activities reported under this Decree and the regulations of other relevant legislation, the custom on the nature, the degree of the violation will be disciplined, handling administrative violations or prejudice criminal liability under the law. Article 18. The Organization, individuals have the right to complain about violations of the provisions of this Decree and other laws relevant to The operations quote. Article 19. Individuals have the right to denounce the violations of the provisions of this Decree and other laws relevant to The operations quote. Article 20. Authority, order, procedure for resolving complaints, accusations related to the publishing activity, released The report made under the provisions of the law on complaints and denunciation. Chapter VIĐIỀU ACCOUNT HÀNHĐiều EXAMINATION 21. Effective hànhNghị this effect after fifteen days from the date The report. The previous provisions contrary to this Decree are repealed. Article 22. Responsibility 1. Minister, Chairman of the Government Office responsible for the organisation, the management of the Agency's activities in Central Gazette; instructions, check the operation of the provincial Gazette under the provisions of this Decree. President of the people's Committee of the central cities, responsible organization, Operations Manager of the local Gazette Agency. 2. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the people's Council and people's Committee Chairman of the province, central cities is responsible for the implementation of this Decree.