Pursuant to Decree No. 101/CP dated 23 September 1997 from the Government detailing the implementation of some articles of the law enacting the legal text;
Pursuant to Decree No. 142/2003/ND-CP dated 14 November 2003 by the Government on screening and processing legal documents;
Pursuant to Decree No. 34/2003/ND-CP dated 4 April 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 122/2004/ND-CP dated 18 May 2004 of the Government functions, tasks, powers and organization of the Ministry of Legal Affairs, ministerial-level agencies, government agencies, specialized agencies in the provincial people's Committee, central cities and State enterprises;
Proposal of the Director General and Chief of legislation, decision: article 1.
Attached to this decision "regulation drafting, evaluation, issued, checked and processed legal documents on transport".
Article 2.
Director of Legal Affairs is responsible for urging, check, General and periodic 6 month report the Minister on the implementation of this decision.
Article 3.
1. The decision to this effect after 15 days from the date The quote and replace decision No 2850/1997/QD-BGTVT dated 22 October 1997 of the Minister of transport issued the regulation and the order issued legal documents in the field of transport , Circular No. 2787/1998/TT-CHK on October 19, 1998 by the Director of civil aviation Guide Editor, reviewing legal documents for agencies, subdivisions, Vietnam Civil Aviation Bureau.
2. The Chief, Chief Inspector, head of the Service, Bureau, agency, organization and individual are concerned is responsible for the implementation of this decision.
REGULATION drafting, EVALUATION, issued, CHECKED and PROCESSED LEGAL DOCUMENTS on TRANSPORTATION (attached to decision No 18/2004/QĐ-BGTVT dated October 1, 2004 of the Minister of transport) chapter I GENERAL PROVISIONS article 1. Scope this regulation the provisions in principle, sequence, procedure in the: 1. Drafting, evaluation, issued legal documents of transportation;
2. Examine and handle the legal text about transportation, the text contains legal about transportation but not issued by forms of legal text or because the Agency does not have jurisdiction to enact legal text enacted (hereinafter referred to as the examination and processing of Legal Affairs transport).
Article 2. The object to apply these rules apply to agencies, organizations, individuals related to the preparation, appraisal, issued, checked and processed legal documents about transportation.
Article 3. Legal documents 1. The legal text is the full text of the following factors: a. the text by the competent State agencies issued in the form prescribed by law;
b. text is the competent State agencies issued according to the procedure, stipulated by the legislation order;
c. the text containing the General rules, to be applied many times, any object or group of objects, in effect within the country or locality;
The rules as to the standards to which all agencies, organizations, individuals must follow when engaging in social relations are rules that regulate.
d. text of State guaranteed by enforcement measures like advocacy, educate, persuade, measures on the Organization, administrative, economics; in case of need the State applying coercive measures required to enforce rules and sanctions for violations.
2. the legal texts mentioned in this Regulation include: a. laws, ordinances and resolutions that The transport was assigned the task of presiding over the drafting or celebrated draft to the Government the Parliament, the Committee of the National Assembly;
b. resolutions, decrees, decisions, directives that The transport was assigned the task of presiding over the drafting or celebrated drafted for submission to the Government, the Prime Minister issued;
c. decisions, instructions, circular by the Minister of transport issued by the authority to implement state management functions of transportation;
d. joint text by the Minister of transport of the same ministers, heads of ministerial agencies, heads of the Supreme People's Court, the Supreme People's Procuratorate, the Central Agency of the socio-political organizations sign;
Sync legal texts by the Ministers, heads of other ministerial councils, and provincial people's Committee issued related to transportation.
3. The content of decisions, directives, circular by the Minister of transport issued include: a. the Minister's decisions and regulations on the Organization and activities of the Agency, the Organization; standards, regulations, rules and procedures of the technical-economic norms about transport; regulatory measures to implement state management functions of the transportation and the problem was Government Affairs.
b. directive of Minister stipulates measures to direct, coordinate and supervise operations of the Agency, held in the transportation sector in the implementation of legal documents of State bodies and of the Executive Committee.
c. the Minister's circular is issued to guide the implementation of the regulations on transport was delivered in Parliament's resolutions, laws, ordinances, and resolutions of the Committee of the National Assembly, the orders, the decision of the President, resolutions, decrees, Government decisions, the directive of the Prime Minister.
4. The text also by competent State agencies issued without enough of the elements specified in paragraph 1 of this article and to resolve the service jobs that are specific to the particular object is not legal documents and are not subject to the terms of this Regulation as : decided to lift wages, reward, or discipline, activity, appointment, dismissal of public servants; the decision sanctioning administrative violations; the decision approving the project; directive on the launch movement, praised the good, the good and the other particular text.
Article 4. The program to build the legal text 1. Every year, the Service Chief, detective, Office, Department, Institute, school, business and other units in The base function, its mission and actual requirements for proposed construction program in the legal text the following year sent the Ministry of transport before July 10, for the law project Ordinances, resolutions of the Congress and the front on September 10 for the other legal texts.
Agencies, organizations, individuals also have the right to propose the construction of the legal text of the transportation Ministry of transportation to review the decision.
2. Program content to build legal texts by the agencies, organizations and individuals mentioned in clause 1 of this proposal includes the name of the text, the Agency issued, expected time (according to each level), the estimated time to enact, the need, scope object, apply, the feasibility of the text when it is issued.
3. Service legislation is responsible for general construction program legal documents of the Ministry of transport and the Chief Minister to review the report of the Office of the Government and the Ministry of Justice; at the same time the Ministers signed the text assigned to the Deputy Minister in charge of the direct Agency, text editor, the agency coordinated the drafting of the text, the text counsels.
4. direct agencies in drafting the text, the Chief of the legal text responsible for drafting organization, the text in the correct process, quality assurance, schedule; before the 20th day every month to report (via the Service legislation) the implementation of the task of building the legal text.
5. The case due to regulatory requirements need to enact legal texts not in the program or to change a program, the Agency held to send The proposal text (through legal Service) decision to supplement or change the program to build the legal text and assigned to agencies related organizations, done.
Article 5. Legal bases and form of legal texts by the Minister issued 1. Pursuant to the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Committee of the National Assembly, the orders, the decision of the President, resolutions, decrees, Government decisions, the directive of the Prime Minister, the Minister of transport issued the decision, directive, circular.
2. the legal texts by the Minister issued must follow the form prescribed in annex 1, annex 2, Appendix 3 and Appendix 4 of this regulation, be numbered according to year and write the symbol for each type of text according to the following rules: a. decisions : no:/.../QĐ-BGTVT;
b. indicator: number:/200.../CT-BGTVT;
c. Circular No.:/200. ../TT-BGTVT;
d. joint circular No.:/200.../TTLT/BGTVT-B ... Article 6. The authority issued or signed the legal documents legal documents specified in point a, point b, point c and a d clause 2 of article 3 of this regulation by the Minister of transport signed the enactment or the Government, the Prime Minister after the opinion of the Deputy Minister in charge of the field. In the case of communication, Vice Minister in charge of the field assigned to sign the sheet of the Government, the Prime Minister.
Article 7. The expense of building and checking, handle the legal text 1. Annual expenditure plan: a. construction program bases the legal text and the current mode, the text editor directly coordinated with the Service staff your text plan funding spent on construction of text send Service legislation. The funding plan for the legal text including funding expenses directly text editor, funding for the work of the staff and funding expenses evaluation text.
b. Legal Service plan funding spent on inspection and processing legal documents according to the prescribed regimes; at the same time are responsible for general funding spending plans for construction and inspection, handling of legal documents of the Ministry of transportation (includes funding for construction of the text and the funding for inspection, handling the legal text) and in coordination with the financial Ministers decided.
c. based on the funding plan was approved by the Ministry and the opinion of the financial evaluation, financial Service advised The leaders decide to allocate funds to build and inspect, handle the legal text to related agencies.
1. Make the payment, settlement: a. base plan funding is allocated, the Agency grounded mission mode and spending of State responsibility to build detailed estimation process of The approval of the leaders as the basis for the payment at the Treasury. Financial services Chief responsible for The leaders to approve the detailed estimates.
b. The settlement funds for the construction of the text and checking, handle the legal text is made according to the provisions of the law.
3. The Office manages the funds allocated to the Service, the Office of the Ombudsman, directly editing the text, the text counsels, evaluation of the draft text and checking, handle the legal text has been Secretary of the decision; the Service, the Ombudsman, the Office used the funds to finance the aforementioned organizations make text editor, Chief of the text, the text draft evaluation and testing, processing of legal documents.
CHAPTER II DRAFTING LEGAL TEXTS article 8. Direct agency drafting the legal documents of the Bureau of the Ministry or the Service Chief, Detective Office, directly drafting legal texts related to the functions and tasks of the Department, Service, inspection, the Office according to the assignment of Ministers (hereinafter referred to as the direct Agency text editor).
Article 9. The Agency draft legal text 1. Draft legal texts right through the Service staff are assigned to the Minister.
2. The head of the public service the Chief Minister to draft legal text (hereinafter collectively referred to as Service Chief of the text) according to the following rules: a. Service legislation: bills, ordinances, resolutions of the National Assembly, the National Assembly Committee on transportation.
b. investment planning: strategy, development of the sector; legal documents relating to the work plan, invest and build transportation industry.
c. Service personnel: legal text on the functions, duties, powers and organizational structure of the Ministry, subordinate organizations; about fostering, training civil servants and human resources; Labor, wages, labor protection.
transport services: legal texts about transport, transport services, security and traffic safety.
Timer Service Science-Technology: the legal text of the standards, processes, rules, technical-economic norms; about the environment, science and technology in the transportation industry; on quality management of goods and traffic quality.
e. Financial Services: legal texts on the financial sector in transportation.
g. international cooperation: the legal text on international cooperation in the field of transport.
h. Inspector: legal texts on inspection in the transportation industry.
i. Office: legal text on the regulation of work of the Ministry of transportation, regulatory management and use of State property and writing about the work of the Office.
k. in addition to the provisions in point a, point b, point c, d, DD, e, g point point, point h and i of this account, the Service, the Ombudsman, the Office is responsible for the Chief Minister to draft legal text regulating the liability and violation processing for agencies organizations and individuals related to the activity of transport according to the areas assigned to the provisions in paragraph 2 of this Article and the other legal texts are assigned Minister.
Article 10. The order of drafting the legal documents
1. The Agency was tasked to directly edit the text and text organization must send the draft legal text to join the opinion of the Agency, organization or individuals involved in the industry. Depending on the nature and extent of each text to specified response times, but at least 7 working days from the date of receipt of the comments, please. After the allotted time, agencies, organizations, individuals are to consult with no writing involved, then regarded as agreed with the draft text, except in the case of agencies, organizations and individuals that have a good reason and have direct authority to inform the drafting of the text.
2. On the basis of the opinion of the agency involved, the Organization, the individual concerned, direct agency research, text editor and modify the draft legal text for submission to the Ministry.
Article 11. Profile draft legal text by directly editing the process of The 1. With regard to the draft legal text of the Government, the Prime Minister, The program records include: a. The text of the Bureau The draft legal text;
b. draft Papers the Government, Prime Minister (in the form prescribed in annex 5 of this Regulation) stating the need, scope, application objects, the process of drafting, the content of the text, the problems are also different opinions, references;
c. draft legal text was modify after receiving the opinion of the Agency, participating organizations and individuals involved in the industry;
d. text join the opinion of the Agency, organization, or individual;
Sync your comments organized Local legislation.
2. With regard to the draft legal text, the Minister issued, The program records include: a. the Bureau's set of recommendations issued legal text, which stated the need to enact adjustment range, text, objects, the process of drafting the content of the text, the problems are also different opinions, references;
b. draft legal text was modify after receiving the opinion of the Agency, participating organizations and individuals involved in the industry;
c. text to join the opinion of the Agency, organization, or individual;
d. Organization of the opinion of the Legal Affairs Directorate.
3. in case of legal text, account rules to guide the implementation of the direct writing Bureau must have a written draft guidelines attached.
Article 12. Profile draft legal text by the Editor directly the Ministry 1. With regard to the draft legal text of the Government, the Prime Minister, The program records include: a. the vote the text according to the form prescribed by the Office;
b. draft Papers the Government, Prime Minister (in the form prescribed in annex 5 of this Regulation) stating the need, scope, application objects, the process of drafting, the content of the text, the problems are also different opinions, references;
c. draft legal text was modify after receiving the opinion of the agency involved, the Organization, the individual concerned;
d. text join the opinion of the Agency, organization, individual.
2. With regard to the draft legal text, the Minister issued, The program records include: a. the vote the text according to the form prescribed by the Office;
b. draft legal text was modify after receiving the opinion of the agency involved, the Organization, the individual concerned;
c. text to join the opinion of the Agency, organization, individual.
3. in case of legal text, account rules to guide implementation of the Service directly text editor must have a written draft guidelines attached.
Article 13. The sequence of receiving records and modify draft legal texts by the Agency directly process The text 1. Cases of direct Bureau Editor: a. When the Bureau directly editing the process of The draft legal text, The leaders assigned to the Chief of service of documents as prescribed in article 9 of this regulation.
b. Service staff assigned to the text must follow the following rules: for the text of the legal process of the Government, the Prime Minister: Please send the text of the opinion joined by the Chief of Service; receiving comments, corrects the draft text and the report is assigned to the Deputy Minister in charge of opinion to participate of the ministries, the provincial people's Committee, Vietnam Chamber of Commerce and industry, professional associations, transportation (if applicable objects including enterprises); General comments participants to acquire and modify the draft text; send Service valuation legislation.
As for the legal text in the authority issued by Secretary: Please send the text of the opinion joined by the Chief of Service; receiving comments, corrects the draft text and the report is assigned to the Deputy Minister in charge to join opinion of agencies, organizations and individuals outside the transportation industry (if necessary); receiving comments, corrects the draft text; send Service valuation legislation.
Time to Service staff send text comments, please join the provisions in points a maximum of 5 working days from the date of receipt of The communication task, unless there are justifiable reasons and be The leaders agree.
1. in case of direct service to the Editor: after the implementation of the provisions of paragraph 1 of article 10 of this regulation, the service is directly processing research, assimilate the opinions involved, modify the draft text, the Deputy Minister was assigned to take charge of and according to the provisions in point b of paragraph 1 of this article.
CHAPTER III APPRAISAL the DRAFT LEGAL TEXT of article 14. Evaluation of the draft legal text 1. With regard to legal documents specified in point b, point c and a d clause 2 of article 3 of this regulation because of the Service, the Ombudsman, the Office of the Chief Minister must be legal Service organizations the evaluation before the Ministers reviewed, issued or before the Minister considers , the competent State agencies; in case of need, the legislation established authority including the Service, Office, Bureau, Inspector of the Ministry and experts of the sector concerned.
2. for legal texts by the legislation directly edited or the Chief Secretary then before the Minister issued, Service legislation established authority, if it deems necessary.
3. Legal Service responsible for the content of the evaluation provided for in paragraph 1 of article 16 of this regulation.
Article 15. Profile send draft assessment legal writing 1. Profile due to the Service, the Ombudsman, the Office of Legal Affairs submitted the proposal evaluation draft legal text include: a. The Legal Service suggested evaluation draft legal text;
b. draft Papers the Government, Prime Minister under the provisions of article 11 paragraph 1 point b or the Bureau's Ministry as defined in point a of paragraph 2 of article 11 of this regulation;
c. draft legal text after it has been Chief of Mission control prescribed in article 13 of this regulation;
d. text join the opinion of the Agency, organization or individuals involved;
Sync your comments organized Local legislation (if direct Bureau text editor);
e. different opinions between draft and direct Service Bureau Chief of the text (if any);
g. references.
2. The number of records sent Service legislation evaluation draft legal text is 3.
Article 16. The content and duration of the appraisal the draft legal text 1. Content appraisal the draft legal text include: a. the need to enact text;
b. scope, object applies;
c. the constitutionality, legality, uniformity, synchronization of the draft legal text in the current legal system and the feasibility of the text;
d. conformity with the international treaties to which the Socialist Republic of Vietnam signed or joined;
technical editor, preferred language of the draft legal text;
g. process these different opinions still matter.
2. The time limit for evaluation of the draft legal text for a maximum of 10 working days from the date of receipt of application provided for in article 15 of this regulation; the case must establish authority, the time limit is extended but must not exceed 15 days, unless there are justifiable reasons and be The leaders agree.
3. After the evaluation of the draft legal text, the legislation sent a written appraisal according to the form prescribed in annex 6 of this regulation to the Chief of service of the text to the text and complete the Ministry leadership.
CHAPTER IV ISSUED LEGAL DOCUMENTS article 17. Profile by the Chief of the draft legal text 1. With regard to the draft legal text of the Government, the Prime Minister, the records include: a. the vote the text according to the form prescribed by the Office;
b. draft dispatch of the Ministry of Justice proposed the evaluation of draft legal text;
c. draft sheets of the Government, the Prime Minister under the provisions of point b paragraph 1 article 11 of this regulation;
d. draft legal text was modify text after the appraisal of Service legislation;
Sync text evaluation draft legal text of the legislation;
e. text join the opinion of the Agency, organization or individuals involved.
2. With regard to the draft legal text, the Minister issued, the records include: a. the vote the text according to the form prescribed by the Office;
b. Bureau of the dispatch The proposal issued legal documents as defined in point a of paragraph 2 of article 11 of this regulation;
c. draft legal text was modify text after the appraisal of Service legislation;
d. due diligence documents draft legal text of the legislation;
Sync text join the opinion of the Agency, organization or individuals involved.
Article 18. The order of the leaders of The draft legal text 1. Service Chief of the text for submission to the Office.
2. Upon receiving the profile draft legal text, the Office is responsible for checking records, text form; If the full records as defined in article 17 of this regulation, then the Deputy Minister in charge of the field for comments; If the records are incomplete or not properly regulated, the Office of the Chief of service of process required additional text full of records.
3. Following the Deputy Minister's comments agree with the draft legal text, Office of the Minister signed the issued or signed the Government, Prime Minister; the case is the Secretary authorized the Office of the Deputy Minister signed the Papers the Government, the Prime Minister.
In case the Secretary does not agree with the draft text, the Office returned to Service the research Chief, corrects the draft text or reserve his comments accompanied by explanation, filing for the Office to process the Minister to review the decision.
4. direct Bureau editor and Chief of the service of documents is responsible for the quality of the text. The Office is responsible for records and text form the leadership of the Ministry.
5. Service the staff responsible for tracking text the text has the Government, the Prime Minister until the text is issued.
Article 19. Sign the issued, the Government, the Prime Minister and the release of documents 1. The Minister signed the promulgation of legal texts under the authority of a Minister (2 originals), the Minister or Deputy Minister sign the Papers the Government, Prime Minister the draft legal text (3 original) as defined in article 6 of this regulation.
2. Within a period of 2 days from the day the leaders issued legal documents or signing the text of the Government, the Prime Minister, the Office is responsible for print, write, stamp number, keep 1 original, send the text for individual organizations as "recipients" , charged 1 original accompanied the record for Service staff have the text. The newspaper sent the Government, the Prime Minister must submit the original.
3. At the latest within 3 days from the date of signing the Minister issued, legal documents have to be submitted for the written examination Bureau (Ministry of Justice) and the Legal Service; joint text for the participation of the Ministry of Justice, in addition to the two aforementioned bodies have to send Service legislation (Government Office) to perform text checking as prescribed by law.
Chapter V INSPECTION and HANDLING the LEGAL TEXTS article 20. Check out the legal text 1. Checking and handling of legal documents made under the provisions of Decree No. 142/2003/ND-CP on November 14, 2003, the Government's circular No. 01/2004/TT-BTP on 16 June 2004 the Department of Justice's guide the implementation of a number of articles of Decree No. 142/2003/ND-CP and the provisions of this regulation.
2. Check the legal text mentioned in clause 1 of this article include the following: a. check the legal texts by the Minister of transport issued the joint text and by the Secretary and the Minister, the Ministerial agency heads, heads of the Supreme People's Court , The Supreme People's Procuratorate, the Central Agency of the socio-political organizations signed.
b. check the legal text of a decree concerning the State management sector about transport by Ministers, heads of other ministerial councils, and provincial people's Committee.
3. Service legislation is clue to help the Minister perform the inspection legal text.
Article 21. The method performs the check legal documents 1. Service legislation automatically checks the legal text according to the following method: a. regularly check the text when The enactment;
b. timeliness of your organization, check out text when:-the socio-economic situation has changed or when the superior state agencies issued the new text makes the text content has issued no longer fit;
-Get requests, Petitions, notices of the Agency who has the authority to check text or of the agencies, organizations, individuals and the mass media about the text because the Ministry had issued illegal signs or no longer fit.
2. Legal Services performed to check for text relevant to the field of management of the State on transportation by Ministers, heads of other ministerial councils, and provincial people's Committee issued a written receipt or receipt is required recommendations, the Agency's announcement, organizations, individuals and the mass media about text signs contrary to law or no longer fit.
Article 22. Content check legal documents 1. Content check legal texts about transport (including text contains legal about transportation but not issued by forms of legal text or because the Agency does not have jurisdiction to enact legal text enacted) is the review , reviews and conclusions about the legality of the text.
2. the legal text is text that ensure the following conditions: a. Is the correct legal base is issued;
b. Be issued properly authorized;
c. the content of the text consistent with the provisions of the law;
d. the text issued in the right manner and presentation techniques;
đ. Full compliance with the regulations on the procedure of construction, issued and published in the Gazette, reported or published texts.
Article 23. The process of automatically checking and processing legal documents Legal Service organizations are responsible for automatically checking the prescribed text. The cases detected have text content that is unlawful, contrary authority or no longer appropriate, then follow the following sequence: 1. reporting directly to the text editor and the Chief of the text.
2. Unification of the unlawful content or no longer fit; unified content handling measures contrary to law or no longer fit of text are checked (suspend, amend, revoke, annul part or the entire contents of the text) to report to The leadership to decide.
Case Service legislation, draft and direct Agency Service advised the inconsistent text processing methods for text is checked, then the Service leaders report legal decisions.
3. On the text processing as signs violate the law and establish the text test Votes according to the form prescribed in annex 7 of this regulation.
4. The leadership record check and text processing is unlawful as defined in article 25 of this regulation.
Article 24. The process for performing the examination and processing of legal documents by Ministers, heads of other ministerial councils, and provincial people's Committee issued 1. Legal services is responsible for implementation of text checking as prescribed. The cases detected have text content that is unlawful, contrary authority or no longer appropriate, Legal Service advised the leaders inform the Agency, the authority has issued a written test, the handle specified by the law.
2. within 30 days from the date of the notice, if the Agency who has the authority to enact text signs contrary to law is not processed or not processed results are acceptable, the Ministry Legal Services advised the leader text text processing is unlawful as defined in clause 1 article 16 of decree 142/2003/ND-CP 14 November 2003 by the Government, specifically the following: a. recommendations of Ministers, heads of ministerial-level agencies have issued documents contrary to legal texts about transport of the Ministry of transportation to suspend the execution, annulment of part or the entire text which within 15 days from the date of the petition; If the recommendations that are not accepted or not processed in time, your Minister of Prime Minister's report.
b. recommendations to the Prime Minister to suspend the enforcement of the resolution of the provincial people's Council, contrary to the legal text on the transportation of Congress, Committee on the National Assembly, the President, the Government, the Prime Minister or of the Ministry of transportation.
c. suspension of the enforcement of and recommendations from the Prime Minister to annul the decision, directive of the provincial people's Committee as opposed to the legal text of the transportation of the Ministry of transportation; If the provincial people's Committee does not agree with the decision to suspend enforcement of the decision of the Executive to the Ministry of transport but has the right to petition to the Prime Minister.
2. Service of process made legal check and text processing as defined in paragraph 3, paragraph 4 in Article 23 of this regulation.
Article 25. Records check and text processing is unlawful the leadership record check and text processing is unlawful because the legal process Service leadership Kit includes: 1. Slip the text according to the form prescribed by the Office;
2. check text Votes;
3. the legal texts are examined;
4. the legal texts as a basis for legal to check;
5. The draft message text or word processing documents is unlawful.
Article 26. Report on the work of the text check Service legislation is responsible for General, the leader of The signed report from the Prime Minister and the Ministry of Justice about text check work six months, annually.
APPENDIX 1A MODEL TRANSPORT MINISTRY DECISION number: 200/.../QĐ-BGTVT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
The DECISION of the MINISTER of TRANSPORT about............................................................... (1)
BỘ TRƯỞNG BỘ GIAO THÔNG VẬN TẢI
Căn cứ ......................................................................................................... (2)
.....................................................................................................................
Theo đề nghị của ........................................................................................... (3) decision: article 1. ...............................................................................................................
Điều 2. ........................................................................................................ (4) Article ... The decision to this effect. ... (5)......, and the suspension, cancellation or removal............................ (6) Article ... Office Manager, Director of Legal Affairs, Director.........., heads of agencies, units and individuals concerned is responsible for the implementation of this decision.
Where to get:-like thing ...-Legal Services-Department of check writing (Department of Justice)-Save: VP, Service staff.
The MINISTER of TRANSPORTATION (sign, stamp, name) (1) summary decision.
(2) the legal bases for decision, for example, pursuant to Decree No..........., day......... year of the Government about..........
(3) the proposal of the Agency (order of Service, Bureau Chief of the editor).
(4) the content of the decision, according to short or long content to split the articles 1,2, 3 ... long Article can be split into account 1, 2, 3 and the points a, b, c ...
(5) depending on the required preparations made to regulation time of the effect of the decision, but soon have to after 15 days from the Post Gazette.
(6) a specific reference to the text or the text's clause, suspended, cancelled or abolished.
APPENDIX 1B MODEL DECIDED to ENACT the CHARTER, STATUTES or REGULATIONS the TRANSPORT Of:/.../QĐ-BGTVT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
The DECISION of the MINISTER of TRANSPORT issued the regulations (rules) about.................... (1)
BỘ TRƯỞNG BỘ GIAO THÔNG VẬN TẢI
Căn cứ ......................................................................................................... (2)
...........................................................................................................................
Theo đề nghị của ......................................................................................... (3) decision: article 1. Attached to this decision rules (statutes or regulations).......... (4)......................................................................................................
Điều 2. ................................................................................................................
Điều 3. ................................. (5)...... ...................................................................
Where to get:-like thing ...-Legal Services-Department of check writing (Department of Justice)-Liu VP, Service staff.
The MINISTER of TRANSPORTATION (sign, stamp, name) (1) the name of the Statute (regulations) (2) As annex 1a (3) As annex 1a
(4) the name of the Charter, bylaws, regulations stated in (1) (5) stating the effect of the space, the time (as early as after 15 days from the date The notice). Suspension, cancellation, removal of text was issued, the agency responsible for enforcing, guide and check the implementation of the decision.
MODEL Charter, STATUTE or REGULATION ATTACHED to the DECISION of MINISTRY OF TRANSPORT of the REPUBLIC of VIETNAM'S SOCIALIST independence-freedom-happiness STATUTE (STATUTE or REGULATION) (1) On.......................................................
(Attached to the decision............./200/QD-BGTVT on................... 200. of the Minister of transport)
Chapter I article 1. ...............................................................................................................
Điều 2. ...............................................................................................................
CHƯƠNG II
Điều... ................................................................................................................
........................................................................................................................ (2) the MINISTER of TRANSPORT (3) (signature, name, seal) (1) the Charter, statutes or regulations are attached to decision should not numbered and dated.
(2) the end of the Charter, statute or regulation is not terms of record enforced because this is already specified in the decision.
The content usually includes: chapter I: General principles Articulated, definitions, explanations of terms.
Chapter II: specific content of the Charter, bylaws, regulations chapter ....: implementation.
If the Charter is long then the chapter layout consists of several items, in many things, many things in the account, in the account points.
(3) the authority to sign the Statute (Statute or regulation) is the person who has signed the decision issued, do not use form Seal hanging in a statute instead of the signature and the seal at the bottom.
APPENDIX 2 MODEL INSTRUCTS the MINISTRY OF TRANSPORT No.:/200.../CT-BGTVT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
The DIRECTIVE of the MINISTER of TRANSPORT about............................................... (1) Stated that base or abstract situation........................ (2)…......................................
1. ........................................................................................................................
2. ........................................................................................................................
a. ........................................................................................................................
b. ........................................................................................................................
Where to get:-...............-Legal Services-Department of check writing (TP)-Liu VP, Service staff.
The MINISTER of TRANSPORTATION (sign, stamp, name) (1) summary of the content of the directive (2) the content of the directive presented under each point (1,2, 3 ...) is not divided into chapters, as decided.
APPENDIX 3 SAMPLE TRANSPORT MINISTRY CIRCULAR No.: 200. ../TT-BGTVT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
CIRCULAR about............................................... (1)
........................................................ (2)................................................................
.............................................................................................................................
........................................................................................................................
.........................................................................................................................
.............................................................................................................................
............................................................................................................................
...........................................................................................................................
Where to get:-............-Legal Services-Department of check writing (TP)-Save: VP, Service staff.
The MINISTER of TRANSPORTATION (sign, stamp, name) (1) Stated the purpose of the circular is to explain or guide.
(2) the content of the circular: the first part outlined text must explain, guide and implement. Depending on the content of the long or short that split up the sections, entries for the match, not divided into chapters, as decided. The last mentioned responsibility, in effect, space time (as early as 15 days from the date The report) APPENDIX 4 CIRCULAR PATTERN........-............ (1) number:/200../TTLT-BGTVT-(2) of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
CIRCULAR about.............................................................. (3)
........................................................................... (4)
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THE MINISTER ... (5) (signature, name, seal) SECRETARY ... (5) (signature, name, seal) Where:-the ... ... ... ... ...-Legal Services-Legal Services (VPCP) (6)-check writing Bureau (Department of Justice)-Save: VP, Service staff.
(1) the name of the Ministry of transport, Ministry, ministerial-level agencies with issued circulars (whichever agency chaired then write the name of that agency).
(2) is the circular note: BGTVT ... (the symbol stands for the Ministry, ministerial-level agencies together issued circulars).
(3) summary the purpose of the circular is to explain or guide.
(4) the content may be divided into parts, ...
The layout: a-Open the summary text should guide, explains: the Decree, decided ... b-content: common explanations and instructions.
c-end: Stated responsible for enforcing, in effect, space time (as early as 15 days from the date The notice).
Note: When a text reference would then need to specify the number of......................., issued by the Agency.
(5) the Ministry would preside the editor signed and stamped to the right, the relevant Ministry signed, stamped on the left side.
(6) with respect to the circular of the Ministry of transport and the Ministry of Justice.
Annex 5 MODEL SHEETS of the MINISTRY OF TRANSPORT No.:/TTr-BGTVT SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
The GOVERNMENT NEWSPAPER About......................................... (1)
Kính gửi:.............................. (2)
........................................................ (3).............................................................
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Where to get:-as above-.............-Legal Services-Save: VP, Service staff.
The MINISTER of TRANSPORTATION (4) (signature, name, seal) (1) Stated the Sheet contents, brief, clear.
(2) the Stated name or agency heads should send the Sheet (3) content of the Sheet as defined in point b of article 11 paragraph 1 Regulation (4) the signing authority is the Minister, Deputy Minister case authorisation shall record the change sign is: KT. Minister of TRANSPORT DEPUTY MINISTER APPENDIX 6 EVALUATION FORMS the DRAFT LEGAL TEXT the TRANSPORTATION SERVICE LEGISLATION number:/PC SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
V/v: appraisal draft. ...
Dear answer text.............. of (Service Chief of the text) on the evaluation of the draft ... Legal Services, comments as follows: i. on a number of issues: 1. The need to enact the text 2. Object, scope of the text 3. Constitutionality, legality, uniformity, synchronization of text in the current legal system and the feasibility of the text 4. Conformity with the international treaties to which Vietnam signed or joined.
II. On some specific issues: 1. The form, the name of the text 2. The structure, the layout of the text 3. Drafting technical and legal language 4. The problems also have different opinions and process (if any).
The above is the opinion of the Legal Service appraisal about the draft ... ... to You Service gathered the Ministers decided.
Where to get: DIRECTOR of LEGISLATION-such as on-Save: PC.
APPENDIX 7 FORM TEXT CHECK the TRANSPORTATION SERVICE LEGISLATION number:/PC SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness on Hanoi in may 200 ...
VOTE CHECK WRITING dear: 1. check the professional Name text: 2. check text Name: 3. Text legal basis to check: 4. unlawful content of text are checked: 5. The opinion of the Legal Service of the contents against the law of text are checked : 6. Suggest unlawful content processing of text (suspend, amend, revoke or annul part or the entire text content): 7. remedial measures by issuing, make unlawful cause text and proposed treatment responsible of the Agency , the authority has issued unlawful text: 8. the text attached: 9. Leadership Service legislation: a) full name: b) signature: c) title:
