Circular 33-Bt: Tutorial On Text Form And Issuing The Text Of State Administrative Agencies

Original Language Title: Thông tư 33-BT: Hướng dẫn về hình thức văn bản và việc ban hành văn bản của các cơ quan hành chính Nhà nước

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CIRCULAR of the MINISTER, the CHAIRMAN of the GOVERNMENT OFFICE for instructions on text form and issuing the text of State administrative agencies pursuant to the law on Government Organization 30-9-1992, section V, chapter II a Government's work regulations attached to Decree No. 12/CP dated 1 December 1992 of the Government , This circular guides specific to forms of the text and the text issued by the Government, the Prime Minister, Ministers, heads of ministerial agencies, government agencies and people's committees, the central cities as follows: I-of the FORM of LEGAL DOCUMENTS 1-Government text a) resolutions of the Government to enact the major undertakings , specific policies, plans and projects through the State budget before the National Assembly; approval of international treaties on behalf of the Government and other important work under the authority of the Government be the Constitution and the law on organization of the Government decision; reviews the results of the law, the State plan, the State budget and other advocates, the Government's policy.
b) the Decree of the Government to the specific provisions of Law Enforcement Ordinance of the Committee of the National Assembly; the specific terms of the regime, to enforce the provisions of the Constitution and of the laws and ordinances of the management of social life (economic, cultural, social, security, defense, etc.) on the rights and obligations of citizens; decision on the establishment, merger, dissolution of government agencies; Mission rules, powers, organization and operation of ministries, ministerial agencies, government bodies and the governing bodies of the system in local industry; the decision established new, import, share, adjusted the boundaries of administrative units below the provincial level, city level; enact the Statute provisions on administrative management mode of State and other important issues under the authority of the Government.
2-the text of the Prime Minister.
a) Prime Minister's decision to enact the measures, undertakings operating activities and leadership of the Government and the State administrative system from the central to the base; These decisions undertakings, mode, the Prime jurisdiction rules; appointment, dismissal, maneuver, to retirement, reward, or discipline officers in the authority of the Prime Minister; approval of the election of the provincial people's Committee member, central cities; suspension of enforcement or removal decisions, instructions, circular of the Ministers, heads of ministerial agencies, government agencies and people's committees of provinces and cities under central Government contrary to the Constitution, laws and the documents of the Superior State organs; the suspension of the enforcement of the resolutions of the Board of the central cities, contrary to the Constitution, laws and the documents of State organs and other matters decided by the authority have been regulated by law.
b) Prime Minister's directive to steer, London independent, test, tutorial, coordinate the activities of ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities in the implementation of policy and guidelines, the laws of the State, the Government's decision.
3-text of Ministers, ministerial-level heads.
a) decision of the Ministers, heads of ministerial-level agencies to enact specific rules, measures to implement state laws and guidelines, the Government's policy on the management of the industry, areas in the country; the standards, processes, rules and the technical-economic norms in the industry; established; dissolved, regulation duties, powers and organization of the unit, under the authority of ministries, ministerial agencies decide; appointment, dismissal, maneuver, retirement, reward, or discipline officers under the authority of the Minister, the Ministerial agency account; decide the other issues the jurisdiction specified by law or authorized by the Government.
b) circular of the Minister, the heads of ministerial-level agencies to manuals, explains the resolutions, decrees of the Government, the decision, the Prime Minister's directives or instructions made the rules of the industry, in the field of management by Ministry, ministerial bodies in charge.
In the case of the ministries, ministerial agencies, government agencies in partnership with each other or in combination with a central agency of the people's Union to detailed rules or guidelines of the Government, the Prime Minister then called circular.
c) directive of the Minister, the Ministerial agency heads to propose remedies, undertakings and directing agencies, units of the right to make the decision, advocates, law in the field of the industry; assigned to the unit in the Department's management responsibility, ministerial bodies; solving the problems in the Department's authority, ministerial authority has been regulated by law.
4-text of the heads of government agencies.
The heads of government agencies have state management functions for the industry, the field was delivered in the country used the form as text for Ministers, heads of ministerial agencies mentioned above.
5-text of the provincial people's Committee, the central cities.
a) decided to enact the major measures taken by specific state laws, guidelines, regulations, policies of the Government, the Prime Minister, Ministers, heads of ministerial-level agencies, government bodies and the resolution of the Assembly of the people of the same level; decision on the organisation and personnel under the authority the decision of the provincial people's Committee, the central cities; to implementation and testing, inspectors for the Agency, held in observance of the laws of the State (including agencies, organizations of the central authorities in local); and other matters under the jurisdiction of the provincial people's Committee, central cities have been regulated by law.
b) directive to its reach and direct the implementation of the policy, the policy of the Central Government, the resolutions of the Council, and the decision of the provincial people's Committee, the central cities in the absence of necessary decision; responsibility for the administrative agency under implementation.
II-the TEXT other than the real image text says above, the Government, the Prime Minister, Ministers, heads of ministerial agencies, government agencies, provincial people's Committee, central cities are also taking the form of text below: 1-press used to publish an important internal change events , foreign Government.
2-information to information about activities of the Government, the Prime Minister, heads the Ministry of industries, government agencies, provincial people's Committee, the central cities; Quick information on important decisions of the Government, the Prime Minister, Ministers, heads of ministerial agencies, government agencies, provincial people's Committee, the central cities.
3-dispatch (the message) to solve the work between the State bodies with each other, between the State authorities with civil society organisations and citizens; process with a draft text, scheme, or recommend a particular problem should be solved on the level; suggested resolution of the lower levels; or to urge prompt subordinates make superior decisions.

4-other documents such as telephone (including mobile), referral, Streetwear, paper, paper ballots sent, still follow the previous rules.
III-SOME POINTS TO NOTE WHEN DRAFTING AND ENACTING THE TEXT.
1-drafted and enacted to ensure the text content and text form in accordance with the law and properly authorized.
No true talk text form in section II to replace the legal documents say in section i. case should repeal, amendment, addition of a part or the whole of the legal text then it must use the corresponding legal documents (resolutions, decisions, decrees, circulars, directives).
The content of the provisions in the text of the Government, the Prime Minister and the bodies in the administrative system is not contrary to the Constitution, laws, ordinances and regulations in the State Agency's text. The provisions in the text of Minister, ministerial heads, government agencies are not contrary to the provisions in the text of the Government, the Prime Minister. The provisions in the text of the provincial people's Committee, the central cities in addition to compliance with the provisions of the Constitution, laws, ordinances, government documents, the Prime Minister, have to comply with the provisions in the text of Minister, ministerial heads, government agencies have sectoral management functions , the field in the country.
2. To effect text, fix bad loopholes, delays (the text content is unlawful, have overlapping conflicts, unclear regulations, lack of sync etc made under difficult to perform or understand and do vary), the text editor to process on promulgation or promulgate yourself need to : a) done right regulation of Governments on the draft text; Heads presided over the drafting of the text needs himself or steer the opinions, discuss with the heads of the relevant agencies to unify the direction and co-ordination of activities, should not be given to officers under this work; When drafting the text of the content issue should be the guide must also draft the right text guiding the implementation to enhance effectiveness and efficiency in the implementation of the decision.
b) When text editor must pay attention to the current text to ensure consistency of law advocates. If the amendment or repeal the provisions of the previous text, stating the terms of the text to be modified or repealed, to avoid the General records, cause difficulties when executed.
c) the things specified in the text that need clear, specific to the organs, organizations and people to understand, hard to avoid putting into writing the regulations or the terms for implementation can understand.
d) When prescribing the duration of effect of the text, the text issued Agency must carefully calculate to have just done the right regulation of Governments, has just secured to the Agency, organization or individual responsible for enforcing time prepared the conditions of implementation.
3. The ministries, ministerial agencies, government agencies, the provincial people's Committee, the city should centrally deployed officers have a basic knowledge and understanding of the Administration, the law to text editor. The process of drafting the text should have the participation of professional staff, the law, and before signing, the officials must verify it and take responsibility for the content, form and legal text. Chief, ministerial-level agencies, government agencies, provincial people's Committee, central cities must sign off and is responsible for writing the agency leadership.
This circular replaces circular No. 2-BT on 11-1-1982 Secretary of Secretary General of the Council of Ministers and implemented from the day of promulgation. In the process, if there are problems and obstacles, ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central Government Office to reflect the settlement.
SAMPLE of the TYPES of TEXT and SOME DETAILS ABOUT the TEXT GUIDE (attached to circular No. 33-BT on December 10, 1992) form the TEXT TYPE (*) MODEL NO. 1: resolution to the problems that have been meeting Government through collective, made a base out of the text.
 
The GOVERNMENT of the SOCIALIST REPUBLIC Of VIETNAM independence-freedom-/CP happiness-----------------------------------------------, Hanoi, on May 19 the Government's resolution about............... (1)
.....................................................................
........................... (2).......................................
T. M the Government Prime Minister (1) name of the resolution: summary record of the content of the resolution.
(2) the content of the resolution:-usually not divided into terms that divide into parts I, II, III, ... before going into the content of these sections can have comment, reviews the situation but need clear, accurate, compact stated should not make long lines.
-With regard to the issues of content, not simple or divided into I, II, III, ... that itemized points 1, 2, 3, ...
(*) The sample text below is the text of the Government, the Prime Minister, government offices. The text of the ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities also apply similar samples of 3a, 3b, 4, 5, 6, 7 ... but instead of burned titles and authority to sign documents for compliance..., the people's Committee issued the text.
SAMPLE 2: the text of the Decree DECREE often used in two cases:-Specifies the enforcement Ordinance, enacted policies, specific rules or established, removal, functions, duties, powers and organization of the State bodies (ministries, ministerial-level agencies , government agency). (form 2a).
-Enacting a statute or a regulation (form 2b).
FORM 2A the GOVERNMENT of SOCIALIST REPUBLIC Of VIETNAM independence-freedom-/CP happiness--------------------------------------------, Hanoi, on May 19 the Government Decree about..................... (1) the Government base........................ (2)
Căn cứ........................ (3) as suggested by................
Decree: article 1..........................
Điều 2..........................
Điều 3.......................... (4) t. M the Government Prime Minister (1) clearly, a brief content problem.
(2) If enacted the great policy which the Constitution or the law empowering the Government shall record the articles of the Constitution, the legislation, if it is the right of the Government shall record the Act Government on 30 September 1992 (for the Government Organization Act was passed by Congress on September 30, 1992).
(3) If a direct base for policy, mode, fixed terms. For example, Ordinance or resolution of the Standing Committee of the National Assembly, or the Decree of the Government (if any) are not based on the text itself the new decree issued to that text negative.
(4) where the content of the Decree, including the many problems, large range, can be divided into the chapter, section, article. If established, abolished or regulated functions, missions, organization of the State authorities need to arrange in order, for example:-the name and function of the Agency to form.
-In the specific mission and organizational structure should also be arranged in the order of each sector (planning, planning, policy, etc.).
The GOVERNMENT of the SOCIALIST REPUBLIC Of VIETNAM independence-freedom-/CP happiness-----------------------------------------------, Hanoi, on May 19 the GOVERNMENT'S DECREE issued.............. (1) the Government base...........................;
Căn cứ...........................; (2) as suggested by................, (3) the Decree: article 1-attached to this Decree........ (4)
Điều 2 .................................
Điều 3 ................................. (5)

Article 4. The ... ... is responsible for the implementation of this Decree (6).
T. M the Government Prime Minister (1) clearly states that the statute or a regulation.
(2) Stated the base directly.
Example: law on organization of the Government on September 30, 1992.
(3) specify the Secretary, the Chairman of the Committee.
(4) clearly and consistently with text title (1).
(5) common rules:-scope of effect of the Charter.
-Stated the text being amended or repealed.
-The responsibility to guide, monitor, reported.
(6) If relevant to all sectors need stated, for example, all Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for enforcement of the Decree ...; If just any industry-related, local, stating that sector heads and the local people's Committee concerned.
FORM 3A: the DECISION of the GOVERNMENT of the SOCIALIST REPUBLIC Of VIETNAM independence-freedom/TTg-happiness--------------------------------------------, Hanoi, on May 19 decision by the Prime Minister about.................. (1) the Prime base...........................;
Căn cứ ........................... (2);
As suggested by.................., DECIDES: 1................................................ (3) the Prime Minister (1) If the policy name, mode:-the case of appointment, dismissal, maneuver, reward, retired officers in the name of any agency. If the number of lots from 2 upwards, the numbers 2, 3, ... that agency officials.
-Demarcation boundaries stating the name of the town, some communes (if multiple) in the district, the province would.
-Disciplinary case officers: specific form of discipline record. .... the name of officers being disciplined in any agency.
-Enacted statutes, mode.
-Approval of the technical-economic justification, tackle supplies.
(2) the Stated basis of proposed decisions such as: law, ordinances, resolutions, decrees of the Government, or a brief outlined the situation and the need for a decision.
(3) content: the Stated policies, modes.
Finish: Outlined responsibility, time, time.
FORM 3B: the DECISION the GOVERNMENT of the SOCIALIST REPUBLIC Of VIETNAM independence-freedom/TTg-happiness---------------------------------------------, Hanoi, on May 19 DECISION by the PRIME MINISTER about...........................
Căn cứ ............................;
Để .................. (1)............, the Prime Minister decided: 1/(2)..............................
2/ (3)..............................
3/ (4)..............................
The Prime Minister (1): can burn under the Agency's proposal would. ...
(2), (3): the content of the decision, the content of which should be to each individual issue.
(4): can record local agencies are responsible for enforcing.
Model 4: INSTRUCTS the GOVERNMENT of the SOCIALIST REPUBLIC Of VIETNAM independence-freedom/TTg-happiness------------------------------------------------, Hanoi, on May 19 the Prime Minister's directive about.............. (2)
1/ (3) ..............
2/ ..................
3/ ..................
Where: K. T the Prime Deputy Prime Minister (1) the Prime Minister shall obtain the symbol TTg. (2) stating the contents, brief.
(3) the same way present decided by points (1, 2, 3, ...) are not divided according to article 1, article 2 or under item II such as circular.
Opening: usually go straight on certain issues only where necessary, has a review of the situation, you should say.
SAMPLE 5: CIRCULAR (only used for Ministry, ministries, government agencies, or between government agencies with the central authorities of the people's Union). (Bosnia). (1) the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness No... ... (2) –-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-Hanoi, on May 19 the circular about....... (3)
....... (4) .......
...................
Where the Minister receives: (5) (1) if the circular clearly Sets: set ...
92) If the burner is shut down the name..
If your own text is a Ministry shall record the name of the shortcut.
(3) Stated briefly, the purpose of the circular is the thud or guide.
(4) In circular content usually divide the points 1,2, 3 ...
(in the case of large content length may be divided into parts I, II, III ...)
(a) preamble: brief text content Stated need instructions explain: resolution, Decree, decision or other legal documents of the Parliament, the Committee of the National Assembly.
(b) the content: common explanations and instructions.
(c) end: Outlined responsibility.
Note: the text cited would clearly rhyme of................ of that text.
(5) specify the agencies, institutions need to send, submit (enforcement, reporting, to know ...).
Prime MODEL 6: CHARTER the GOVERNMENT of the SOCIALIST REPUBLIC of VIETNAM--------independence-freedom-happiness-------------------------------------------------Charter (1) On..............
(Attached to the Decree. ... ../CP days in May)
Chapter I article 1-................................................
 
CHƯƠNG II
Điều ....................
.................................. (2).............................
T. M the Government Prime Minister (1) the Charter is attached to the Decree should not take private number, stating the rules, regulations, bylaws.
(2) the end of the Charter not to terms of responsibility because this has placed in the Decree.
The content usually have chapter I General principles (General provisions).
......................
Chapter ... ... the final terms.
If the Charter then in once the chapter can be divided into categories, each category has articles, in each article split the points 1, 2, 3 or a, b, c Last chartered required. the provisions in force on space and time.
SAMPLE 7: DISPATCH Office of the Government of the SOCIALIST REPUBLIC of VIETNAM----------------------independence-freedom-happiness no.:/V1-----------------------------------------------V/v........... Hanoi, May 19 date dear:.................... (1)
.....................................................................
............................. (2).....................................
Minister, Chairman of the Government Office Where received:-as above,-............... (3)-Liu (1) stating the name or agency heads need to send.
(2) the content and customize specific arrangement issues.
-If is dispatch reply: specify text to be answered (No. .... on ... of one).
-If the task reminders require the work to raise the issue even prompted.
-If the new text of the meeting need to talk the meeting content is what matters.
+ How long period of time, starting when.
+ The location of the meeting.
(3) in addition to recipients such as (1) should submit to the relevant bodies to know or report.
Form 8: DISPATCH ANNOUNCING the CONCLUSIONS of ITS WALLS at the GOVERNMENT session, the CONFERENCE Office of the Government of the SOCIALIST REPUBLIC of VIETNAM------------------independence-freedom-happiness no.:------------------------------------------------, Hanoi, on May 19 the notification (1) the conclusion of the Prime Minister at the Government session (or Conference , the meeting) on ....,............................... (2) at the session of Government (conferences and meetings) on ... month ... year ... about........... (3) after hearing the report of........... (4) the Prime Minister concluded: 1/2/3,........ (5) Office of government announcements to....... (6) know and implement.
Minister, Chairman of the Government Office Where received:---. ... (7)-Save ... (8) Notes: (1) this category is only used to announce the conclusion of the Prime Minister (Deputy Prime Minister took the name of the Prime Minister) in the Government session or Conference or meeting with local ministries, etc., not used to notice the comments addressed a specific daily work , Minister, Chairman of the Government Office of the real image of the text and the text issued by the State administration.
(2), (3), the contents of the session or meeting, our meeting.
(4) The responsible units should report at your meeting or Conference.
(5) the content of the conclusions on the meeting.

(6) the ministries, local units, etc. are responsible for enforcing.
(7) the Agency's name, the unit is responsible for the implementation, to reporting, or to know (including the units within the Office of the Government).
(8) the unit do the text and the text of the message.
SAMPLE 3: DISPATCH MEETING Office of the Government of the SOCIALIST REPUBLIC of VIETNAM------------------independence-freedom-happiness no.:----------------------------------------------V/v meeting (1) Hanoi, May 19 date dear:---................. (2) Admit the Prime command, Office of the Government invited comrade (3) attend the meeting:---................ (4) time: from ... ... ... ... ... ... ... ... ... ... ... ... ... in 19 ...
Location;
Proposal:............... (5) the request to the correct composition meeting was invited.
K. T Minister Government Office Deputy notes: (1) part name scored only 2 letters of invitation, do not write the content of the meeting stated in section (4).
(2) the full name of the new agency is meeting.
(3) the specific position of Record who are new (comrade Minister, ministries, leaders or representatives of the ministries, etc.).
(4) the content of the meeting.
(5) this section is used to record recommended the agency or entity as part of the invitation in section (2) preparation of documents, reports, or opinions etc ... for the meeting (if necessary).
MODEL 10: REFERRAL to the Office of the Government of the SOCIALIST REPUBLIC of VIETNAM----------------independence-freedom-happiness no.: ... ... GT/VP---------------------------------------------, Hanoi, on May 19 the recommendation to introduce comrade.............................................................................. Văn phòng Chính phủ được cử đến
.....................................................................
.....................................................................
.....................................................................
Về việc .............................................................
.....................................................................
.....................................................................
Hanoi, October ... months .... 199. ...
K. T Minister, Chairman of the Government Office Vice Chairman of value cease the day ... ... must return the FORM 11: VOTES SENT in Office of the Government of the SOCIALIST REPUBLIC of VIETNAM----------------independence-freedom-happiness no.: .... ../PG------------------------------------------, Hanoi, on May 19 the vote sent (1) dear............................................................
Nội dung............................................................
....................................................................
....................................................................
Administrative Office of the Government Chief Who got signed on........
(1) the votes sent in case: documents, to the Agency should move to. Do not change the votes submitted by the writer to tackle the job, work relations.
 
Model 12: the Electric power (1) power: Government Office-(2)-Hanoi, no.........., on ... ... ... ... ... ... the year 199...........
............................ (3).....................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
 
Minister, Chairman of the Government Office (4) the Administrative Director of the VPCP (name, stamp) (1) The cell is a type of administrative office, reception, processing and save as văm.
(2) the sender's name or agency heads need to fill.
(3) content should articulate individual, power circuit, not duplicate, the brief.
(4) the signing authority is the heads or Deputy Heads to sign instead. Name, stamp.
(Original records saved in the Agency, a copy of the signed Administrative Services moved to the post office in order to TELEX and do the payment base).