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Circular 4/2004/tt-Vpcp: Guide The Implementation Of Decree No. 105/2004/nd-Cp Dated 23/3/2004 Of The Government Gazette Of The Socialist Republic Of Vietnam For The Operation O. ..

Original Language Title: Thông tư 04/2005/TT-VPCP: Hướng dẫn thực hiện Nghị định số 104/2004/NĐ-CP ngày 23/03/2004 của Chính phủ về Công báo nước Cộng hoà xã hội chủ nghĩa Việt Nam đối với hoạt động củ...

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Circulars implementing Decree No. 105/2004/ND-CP dated 23/3/2004 of the Government Gazette of the Socialist Republic of Vietnam for the operations of the newspaper in Central Government organizations pursuant to the law on 25 December 2001;
Pursuant to the law enacting the legal text was a National Assembly of the Socialist Republic of Vietnam passed on 12 November 1996 and the law amending and supplementing 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;
Pursuant to Decree No. 105/2004/ND-CP dated 23 March 2004 the Government Gazette of the Socialist Republic of Vietnam;
Minister, Chairman of the Government Office manual operation of the Gazette at central as follows: i. GENERAL PROVISIONS 1. This circular applies to the works published in the Gazette.
2. The newspaper published at Central (hereafter referred to as The notice) is a legal information publication of the official State of the Socialist Republic of Vietnam. The Gazette is printed by Vietnamese and foreign languages for certain cases specified in point d of paragraph 1 of part III of this circular. The report contains the framework of 20.5 cm x 29 cm. On the cover of The newspaper picture coat of arms, of the Socialist Republic of Vietnam and the Red Gazette digit. The last page of The newspaper to print the name, address, contact phone of the agency responsible for publishing the Gazette and Gazette printing Agency.
3. The report of the Office of the Government (hereafter referred to as the notice) to have the task of directly managing and organizing the publication and release of The report in Central; Guide and management expertise, professional publishing and released Provincial Gazette; manage the use of The quote level for communes, wards and towns throughout the country.
II. WRITING POST GAZETTE 1. The type of the posted text 1.1 Gazette. Legal documents by the authority, the central authorities issued (hereinafter called the Agency issued text), in particular: a) issued by the National Assembly text: the Constitution, laws, and resolutions.
The text by the Commission of the National Assembly enacted: Ordinance, resolution.
b) text by the competent State agencies in the Central Government issued:-command, the decision of the President;
-Resolutions, decrees of the Government; the decision, the directive of the Prime Minister;
-Decisions, only market, the circular of the Ministers, heads of ministerial agencies;
-Resolution of the Council of judges of the Supreme People's Court; decisions, directives, circular of the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy;
-Resolution, circular between the competent State agencies, between competent State agencies with social-political organization under the provisions of the law;
-The Agency's decision, the authority on the handling of the legal text enacted contrary to law.
1.2. The individual text and text with other legal values: a) the decision of the President, the Prime Minister about the Medal, Honorary State appointed leading cadres to State organs, judicial organs and the armed forces and other individual decisions.
b) the text direction of the Government, led by Prime Minister decided the Post Gazette. The text direction of the Minister, by ministerial heads heads issued uniform text with the Secretary, the Chairman of the Government Office decided the Post Gazette.
c) international treaties to which Vietnam signed or joined has effect with respect to the Socialist Republic of Vietnam; the diplomatic documents other than international treaties already in force should be announced.
d) calls, the speeches, the important statement of the State President, the Prime Minister, the President of the National Assembly in the ceremony, the big Conference.
1.3. revised decision documents issued contain errors of spelling, form and legal procedures.
1.4. In case of need, can post again on the Gazette text of laws, ordinances and other legal text that has been in force along with the modified text, additional laws and ordinances and legal documents to the application of the law to be advantageous.
1.5. The draft legal text should take the opinions of the agencies, organizations, individuals posted on the Gazette supplement.
2. About the validity of the text posted on the Gazette a) law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly with effect from the day the President signed the order of publication, except that text on rules in force to another, regardless of the date The report.
b) legal documents of the President in force from the date of posting The notice, except that text on rules in force.
c) all the legal documents of the Government, the Prime Minister, Ministers, heads of ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate and the legal text President must specify in terms of rules of the time effect of your text is : "this text is in effect after 15 days from the date The quote".
The case specify the time of validity of the legal text later than after 15 days from the date The quote, then that time is after at least 30 days from the date of signing issued text.
Example: circular ... of Finance Ministry, issued October 1, 2005, if needed regulation time of the effect of circular later after 15 days from the date The quote, then that point is not specified before 1 February 2005.
d) with respect to legal texts in the authority issued by the Government, the Prime Minister specified enforcement measures in an emergency situation, the effect of the time the text is specified directly in that text and do not depend on the date The report.
DD) the time of validity of international treaties and the individual texts, the texts have other legal values are specified directly in the text there and does not depend on the date The report.
e) posting the legal text on the Gazette does not alter the effect of time writing it.
3. the legal value of the text posted on the Gazette the texts published in the Official Gazette of the same value with the original text and is used in all official transactions, relations.
South Vietnamese translation of the texts of international treaties was signed only in a foreign language when posting on the Gazette only reference values.
The text posted on the Gazette supplement and other publications only have reference value.
4. The room Gazette out foreign Gazette was translated into several foreign languages as: English, Russian, French, German, Chinese. Gazette publications translated into a foreign language is not in the picture, the coat, the two words on the cover that the Gazette stating the name of the publication was a translation of the Gazette out one of the languages on the.
The Gazette translations out foreign publications are posted on the Gazette translations reference value only.
Government offices in coordination with Vietnam News Agency and related agencies to ensure the room Gazette out foreign languages, printed and published the Gazette publications translated into foreign languages in accordance with the provisions of the current law.
III. Procedure For SENDING, RECEIVING, POSTING TEXT REGISTRATION GAZETTE 1. Procedure for sending text to Post Gazette

a) within a period of 2 (two) working days from the date of signing the issued documents, the Agency released the text to send the text released to The newspaper Agency to promptly Post Gazette.
b) when sending text Post Gazette, the Agency issued the text send 2 (two) originals of the same electronic record contains the correct content to the main text to The message body.
c) legal texts by the Agency issued the Central texts issued when sending Post Gazette, in terms of form, the authority issued the text and specified the time effect of the text to ensure correct and sufficient factors:-the number, symbol, date of , year of legal texts to write fully and properly with the provisions of article 3 of Decree 101/CP dated 23 September 1997 from the Government detailing the implementation of some articles of the law enacting the legal text.
-The legal text of the Government, the Prime Minister, Ministers, heads of ministerial agencies, the Supreme People's Court, the Supreme People's Procuratorate and the legal text President must comply with the provisions in point c of paragraph 2 of part II of this circular.
d) in the case of international treaties just concluded in a foreign language, when sending international treaties has been to exemplify the Gazette to Post Gazette, the Agency proposed the signing of or accession to international treaties must submit both translations of international treaties by the Vietnamese and is responsible for the translation at the same time sent a electronic record that contains the text content of international treaties and international treaties that translation.
DD) when sending a text to the main Gazette through the dispatch to the Post Gazette, the Agency issued documents must write the words "send text Post Gazette" in the section on the first page of the text. An electronic record can be sent to the newspaper through the methods (network of government wide area network, Internet or other methods).
2. The procedure of getting the text posted a Gazette) When getting the text sent to The post report, the report must subscribe "registry and collated text Post Gazette", which clearly:-the number of the order;
-Number, symbol of the text;
-The name and contents of the text;
-Issuing authority Name text;
-The day, month, year issued text;
-Days, months, years to receive the text.
For the erroneous text, so have to wait for the Agency issuing the text edit or fix, the writing time is calculated from when the newspaper received erroneous text has been revised and is eligible to Post Gazette.
b) text after you've printed The quote must be registered:-the number of the posted text Gazette;
-The day, month, year posted the text on The report;
-The day, month and year of the text;
-Notes.
IV. Process EDITOR And POSTED The TEXT On The GAZETTE 1. Saudi Gazette editorial process) text by the Agency issuing the text sent to The newspaper Agency to Post Gazette is registered to "register and collate text Post Gazette". After registration is complete, the text was transferred to Division General-career service to check the text.
b) When receiving text, synthetic Division-responsible business review the last text.
Cases detected erroneous text, synthetic Division-responsible business leadership The agency report. Head of Gazette notice signed by text send a text issued authority to edit again before Post Gazette. The Post Gazette is slow for the erroneous text in this text issued by the agency responsible.
Case of inconsistency with the Agency issued documents, Agency leaders proposed Gazette and the process of with the Secretary, the Chairman of the Government Office to the Secretary, the Chairman of the decision by the authority.
c) after checking, if no longer errors, text is moved to the Editorial Department.
When receive text, the Editorial Department is responsible for collection of text, electronic records of the text to the editor, arranging the content, design techniques for each of The report, ensure all text to be posted must Gazette published within a period not exceeding 12 (twelve) days of receiving the text.
The text editor Post Gazette must ensure accuracy with content, sentences of main text text issued by the Agency. In the editorial process, editorial strategy permitted parts removing speed (if available) and where received in the form of text.
d) for the text of laws, ordinances and other legal documents posted as specified in point 1.4 clause 1 part II of this circular, The Agency must report notes like in the latter part of the name of the text the words "post again text has posted on the Gazette of ... ... ... ... ....,....".
For example, when posting back to the text the law of credit institutions has been published on the Official Gazette of 4 October 2 1992 accompanied by amendment, addition of some articles of the law on credit institutions of The new newspaper, the Gazette notes like after the name of the post text as follows : credit institutions Law (re-posted the text was published on the Official Gazette No. 4, October 2, 1992)) after the editor to Post Gazette, curator and editor of signed and shipped the manuscript of the same electronic record to the Department as a.
After receiving the print version to try, people in charge of editorial staff assignment editor to read the print control to try to insure accurate test prints with the content and sentences of main text. Cases detected an error in a test print, editorial staff must inform the Department as a known to this page. The editorial staff was assigned to read control be sure to print the last test no longer fault and people in charge of editorial responsibility sign before moving in.
2. Order and posted the text on the Gazette a) pursuant to the order of registration in writing "the registry and collated text Post Gazette", arranging the text content to post on each of The compliance report in sequence: the text to the previous post before, the text came after posted the following text to the order number.
b) documents issued under the authority of the Government, the Prime Minister defined the measures enforced in the State of emergency are arranged in the Gazette soon after The Agency received the written notice.
c) for special cases, the legal text of the ministries, ministerial agencies need to post The report earlier than the above sequence, the Agency issued a written public documents send the report to suggest that text soon post. The report reviewed the Post Gazette text on under the authority or the Minister, the Chairman of the Office of the Government decision.
d) laws and ordinances and other legal text was posted again as defined in point 1.4 clause 1 part II of this circular must comply with in order to post Mainland following laws and ordinances and legal text revising, supplementing the above text in a number of newspapers.
3. the editorial processes and procedures for posting the draft text on The Gazette supplement editor and posted the draft legal text on the Gazette supplement is made by editorial processes and procedures posted the text on The report in item 1 and item 2 of part IV of this circular.
V. OPERATIONS MANAGEMENT RELEASED The REPORT 1. Works released a Gazette) Public bodies report directly released Gazette to agencies, organizations, individuals in and outside the country or through agents, individuals have enough business conditions released books, newspapers in the country.

b) sale price Central Gazette and Gazette Agency released the proposal based on the fact the Minister, Chairman of the Office of the Government decision. When there is a change in the selling price or cost of release, the Gazette is responsible for timely notification for readers, release agents, personal business before the 15 (fifteen) days.
c) all transactions related to works released under Gazette Gazette made on a contract basis. The contract was signed Gazette issued by the authority or by the authority of the Secretary, the Chairman of the Government Office.
2. release The report for communes, wards and all activities related to the publication of the Gazette and for the communes, wards in the country by decision No. 69/1998/QD-TTg dated 31 March 1998 from the Prime Minister's Office by the Government manage and comply with the current rules.
3. release The report for other objects based on the needs of readers, the newspaper directly organize the publication and release of The report for other objects according to the principle of taking the currency, compensate. financial management regulation for operation Gazette by the Minister , Chairman of the Government Office.
VI. IMPLEMENTATION 1. The responsibilities of the Agency issuing the text a) full responsibility for the content, the form, the authority issued a written procedure and sent the text to post The notice as prescribed by law.
b) where documents issued and published The newspaper, shortly after discovering there are procedural flaws, the form belongs to the Agency issued documents, the Agency issued the text revised by a responsible decision on revised text by the head of the agency or person who is authorized to sign and submit the decision to the Agency revised The report to Post Gazette on the issue soon.
The agency decision revised the text to write to the first part of the decision reads: "snap decision (text). .. on ....,........ of (agency name issued text) has posted The notice of................" c) announce the name, address, telephone number, address E. mail clue unit is responsible for sending text and electronic record of his Agency for Public agencies to create favorable conditions for solving the problems related to the process of sending, receiving written and electronic records to The Agency.
d) on November 5th of every month, the Agency issued the text sent by the central authority in the Gazette category legal documents issued during the preceding month to the inspection report, collated with the text of the law issued in March had posted The notice, to ensure that the documents issued in need posted Gazette must be published in full.
2. The responsibilities of The agency report a) on the basis of the plan text issued monthly, quarterly, year of the Agency issuing the documents in Central, the newspaper publishing and planning to release The report in full and promptly.
b) in the case of the text posted on the Gazette's not right with the main text due to the flaws of The Agency the Agency shall report The report is posted on the revised decision The report released early, shortly after discovering the flaws. The decision is revised by the people in charge of The agency or person who is authorized to sign.
c) Gazette authorities must ensure the reception and held posted the text on The report in full, accurate and timely regulation within 13 (thirteen) days from the date of the text; responsible for non-disclosure, disclosure, delay announced, not full text of the report received from the Agency issued text.
d) monthly, the newspaper reported the Minister, Chairman of the Government Office of the situation of receiving and posted the text of the law on the Official Gazette; the proposal, recommended measures to resolve the difficulties and problems (if any), to ensure the completeness, accuracy, timeliness of legal texts on the Gazette.
3. Effective enforcement of this circular have the effect after 15 days from the date The report.
In the process if there are obstacles, suggest the bodies, timely reflect the units of government offices, to study, to solve.