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Circular 03/2006/tt-Vpcp: Guide The Implementation Of Decree No. 105/2004/nd-Cp Dated 23 March 2004 The Government Gazette Of The Socialist Republic Of Vietnam For The Organization And Operation.

Original Language Title: Thông tư 03/2006/TT-VPCP: Hướng dẫn thi hành Nghị định số 104/2004/NĐ-CP ngày 23 tháng 3 năm 2004 của Chính phủ về Công báo nước Cộng hòa xã hội chủ nghĩa Việt Nam đối với tổ chức và hoạt động ...

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CIRCULAR guiding the implementation of Decree No. 105/2004/ND-CP dated 23 March 2004 the Government Gazette of the Socialist Republic of Vietnam for the Organization and operation of the provincial Gazette _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law enacting the legal texts of the Council The people's Committee, on December 3, 2004;
Pursuant to Decree No. 105/2004/ND-CP dated 23 March 2004 the Government Gazette of the Socialist Republic of Vietnam;
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;
After reaching the comments with the Minister of the Interior and the Minister of finance, Minister, Chairman of the Office of the Government guidelines on the Organization and operation of the provincial Gazette as follows: i. GENERAL PROVISIONS 1. The scope of application of this circular guidelines on the Organization and operation of the Gazette due to the people's Committee of the province, the city of centrally managed (including provincial Gazette and the provincial Gazette).
2. Provincial Gazette a) Provincial Gazette (hereinafter referred to as The notice) is a legal information publication of the official State of the Socialist Republic of Vietnam by the provincial people's Committee, the central cities of publication, functions announced the law specified in section II of this circular.
b) Gazette was printed by Vietnamese and can be translated into a foreign language, or ethnic minorities as defined in clause 5 section I of this circular.
 3. Forms and techniques presented a Gazette) The printing press had 20.5 cm x 29 cm framework and is presented in the form of unity Gazette published in Central.
b) cover of Gazette print coat, of the Socialist Republic of Vietnam, the NEWSPAPER printed two letters with red ink and the name of the provincial people's Committee is responsible for the publication.
c) last Page of The report in the name, phone, Fax, E-mail, Website of the provincial people's Committee is responsible for publishing and printing facility Gazette.
Sample cover page, the last page of The print are specified in annex I, II attached to this circular.
4. legal value of documents posted on the Gazette a) Only the text posted on The new printing press is the original and is used in all official transactions, relations.
b) The text posted on the mass media and other publications and reference values only.
5. The translation of The report, the foreign and out of minorities a) based on the local conditions, the report proposed to the Chairman of the provincial people's Committee consideration, decided the room Gazette out foreign or minority language in order to create favorable conditions for the enforcement and application of the law.
b) cover a room Gazette out foreign languages, minorities do not print coat, and two letters of the GAZETTE; name of publication must specify exactly which languages is "the GAZETTE TRANSLATIONS ..." (foreign or minority) in the United States, with black ink.
c) a translation of the Gazette out foreign minority, only reference values.
II. DOCUMENTS PUBLISHED On The OFFICIAL GAZETTE 1. Legal text a) resolutions of the provincial councils, district level;
b) decision, the directive of the Ministry of communications, the provincial district level.
2. other legal text a) resolutions of the provincial councils, district level contains no legal issue to resolve specific, individual tasks.
b) individual directives, decisions by the provincial people's Committee issued to perform the tasks and powers of provincial people's committees are regulated from 82 to 96 and Article 124 of law hosted the people's Council and people's Committee in 2003.
c) decision, directive by the Chairman of the people Committee of the provincial enactment to perform the tasks and powers of the Chairman of the provincial people's Committee are specified in the paragraph 1, 4, 5, 6 and 7 Article 127 law on organization of people's councils and people's committees in 2003.
d) decided to attach the legal text itself has errors on forms and techniques presented.
DD) international treaties by State agencies in the Central signing or acceding directly apply locally.
e) local international agreement signed with the local water or the territories, international organizations under the provisions of current legislation about the signing and implementation of the international agreements of the province, central cities, the social-political organizations, social organizations and social-professional organization of the Socialist Republic of Vietnam South.
g) The Post Gazette for legal documents not specified in point a, b, c paragraph 2 of section II of this circular and the law of the people's Committee, Chairman of the people's Committee at district level by the President of the provincial people's Committee decision.
III. Functions, Tasks, POWERS And ORGANISATIONAL STRUCTURE Of The AGENCY The PROVINCIAL NOTICE 1. The location, the function of the provincial report Provincial Gazette Agency was established and named The Center reported in the Office of the provincial people's Committee, has the function of legal texts published in the Official Gazette; directly managed the publication and release of The report; allocation management, use for The free report for the Agency, held in the province.
The report Center is the business units have legal personality, and seal your own account, be sure local budget funding of activities, funding publication under the provisions of the law.
2. duties and powers of The Center reported a) reception, registration, publication, archive documents by the State Agency and authority issued sent to.
b) scrutinize, examine the last text before publication on the Official Gazette according to the following criteria: the legal base to enact, jurisdiction, content, form, manner and presented technical documents according to legal provisions.
c) sent and recommended the Agency issued legal documents and edit the text of errors (if any) prior to publication in the Official Gazette.
d) directly managed the publication and release of The report; signed, made and liquidated the contract printing, released Gazette under the provisions of the law.
DD) proposals, build and process level has the authority to decide matters related to the operations of the newspaper.
e) help the Chief of the provincial people's Committee drafted the provincial people's Committee issued legal documents related to The activities and organizations, examine the implementation of the texts that after enactment; advised leaders of the provincial people's Committee of the content involves reviewing, codification of the legal texts published in the Official Gazette.
g) manages and updates a database of provincial Gazette onto the electronic Gazette of the Socialist Republic of Vietnam; active organizations and directly manage The provincial electronic newspaper after it was established.
h) estimating operational funding, funding publication, released The annual report to the authority for approval; management, use for the Center's financial activities Gazette under the provisions of the law.
I) subject to the direction, check, direct instructions of the Central Government and responsible newspaper reports periodically or at the request of the central message of the professional activity, professional publishing and released The report.
k) perform other duties as assigned.
3. Press The Center of the base of the professional titles of The report Center are specified in this circular and scale, workload, the provincial people's Committee decides specific staffing to ensure the Centre Gazette complete assigned tasks.

Gazette Center Director, the Deputy Directors and officers, professional service. The appointment of the head of miễm, the Centre of The report under the provisions of the current law.
4. Organizational structure of the Centre The report based on the functions, tasks and workload, the Chairman of the provincial people's Committee on specific decisions about the Organization and the number of departments, The Centre's services to perform the following tasks: a) General-Career Service :-reception, sorting, into the registry the written law;
-Review, check out the last legal texts submitted Post Gazette. When detecting erroneous text about the legal base to enact, jurisdiction, content, form, forms and techniques presented the text of recommendations the Agency issued to edit or propose the process to the decision authority;
-Arrange the text qualified into each of The newspapers to switch to the editing room;
-Establishment of the periodic report, irregular about professional service reporting to the Chairman of the provincial people's Committee and The central alarm agency according to the General guidelines;
-Estimating the funding of activities, funding publication, released The annual report to the authority for approval;
-Perform the tasks of financial-accounting and administration-administrator according to common rules.
b) editorial Rooms:-collect electronic records, editor and responsible for the editorial content of each of the Gazette;
-Read and proofreading of print try than the originals; Browse prints try finally slid ớc when moving in.
c) release: Room-planning publication, released monthly, quarterly Gazette; General report on the activities of publishing, released June Gazette, and annually to the provincial people's Committee under the provisions of the law;
-Check, track progress, Lu ợng printing and issuing The alert;
-Drafting of contracts related to the printing, released The report and made the transaction of the contract under the provisions of the law;
-Perform other transactions related to the publishing activity, releasing The report.
d) electronic Gazette:-Rooms to build, manage and update the database of each number up Gazette website;
-Updated database of provincial Gazette onto the electronic Gazette of the Socialist Republic of Vietnam under the rule of law;
-Prepare the physical premise, techniques for the introduction of the electronic Gazette and implement the activities after the electronic Gazette was established.
5. The standards officer, officer of The Center report officer, officer of the Gazette Center must meet the criteria, requirements for public servants in General, and must have experience, knowledge about legislation, administration, foreign languages, Informatics to ensure implementation of the tasks , specifically: a) officer, the officer is responsible for receiving, reviewing, codified laws must have a law degree;
b) officers, employees in the editing room and the room electronic Gazette are Bachelor majors match;
c) officer, the officer is responsible for the financial monitoring of the Gazette are available in accounting.
IV. Procedure For SENDING TEXT To POST GAZETTE 1. Procedure for sending text to Post Gazette a) within 10 days from the date of signing, the documents specified in section II of this circular must be sent Post Gazette.
b) issued a written authority must send 2 originals of the same electronic record contains the correct content to the main text to Post Gazette, the first page of the text are stamped with red ink with the words: "send text Post Gazette".
c) Protocol and techniques presented in the text of the law of the people's Council, the provincial people's Committee, and the text of the Chairman of the provincial people's Committee sent the Post Gazette must comply with the provisions of article 7 of the law enacted the legal texts of the Council The people's Committee; point a paragraph 1 article 5 of Decree 110/2004/ND-CP dated 8 April 2004 by the Government on clerical work; Circular No. 55/2005/TTLT-BNV-VPCP on May 6, 2005 of the Ministry of the Interior and the Office of the Government guidelines on form and techniques presented in the text.
d) the time of validity of the legal texts by the people's Council, the provincial people's committees, district level issued send Post Gazette must comply with Article 51 Law enacted the legal texts of the Council of the people, the people's Committee in 2004 and has to be clearly stated in the text.
2. the procedure for receiving documents posted a Gazette) When receiving legal documents and send the Post Gazette, Gazette Center must register on "registry and collated text Post Gazette", in which recorded the following: full-order number;
-name, number, symbol, date of issuance and contents of text;
-On text effect;
-On receiving the text;
-the date, the number of the posted text Gazette;
-Notes (text delivered slowly, revised, returns ...).
b) "registry and collated text Post Gazette" caused by the release of government offices and is applied uniformly throughout the country.
3. store the text to send a text message to The post to be categorized, stored in a systematic way at The Center to serve the collation with the text that is printed on The report.
The storage time for this text is 2 years from the date of the text published in the Official Gazette.
V. The PROCESS EDITOR And POSTED The TEXT On The GAZETTE 1. Saudi Gazette editorial process) after registering on the "registry and collated text Post Gazette", the text is converted to General-professional to review the modified according to these criteria: the legal base to enact, jurisdiction, content, form, manner and presented technical documents according to legal provisions.
b) when laws are erroneous, The Center reported to have immediately sent back dispatches and documents suggested the Agency issued text processing, editing as prescribed by law. The report Center is not responsible for the slow posting for this text.
The agency sent back a text issued must be clearly stated reasons, day, month, year of sending in notes in the column "registry and collated text Post Gazette".
Send the text back to the form prescribed in annex III attached to this circular.
c) Only fix the errors on the forms and techniques of presentation of text send Post Gazette. The wrong record own symbols lead to confused the legal nature of the text must be canceled and issued new documents to record the notation for the proper legal provisions.
The text wrong on legal bases, competence and the contents must be processed under the provisions of the law for writing illegal signs are detected during self-test and checks by the authority.
d) When receiving text, editing room is responsible for editorial content, design techniques for each of The report, ensure all text posted in full within the time limit required by law. In the process of editing, editors are allowed to removed the part speed (if available) and where received in the form of text.
DD) editors have to ensure the ultimate test prints with no errors and the Chief Editor is responsible for signing the browser before moving in.
2. Order and posted the text on the Gazette a) sequence posted the text on The report according to the rule: the text to the previous post before, the text came after posted the following.
b) with respect to the legal text regulating the key policy measures, to be announced soon on The report by the Director of The newspaper to review the decision.
VI. The RELEASE Of The REPORT 1. Allocate The free newspapers

a) annually, according to the instructions of the Minister, the Chairman of the Government Office and based on the specific situation of the local Gazette Center established the list of expected objects are allocate The free newspapers to the provincial people's Committee decision.
b) Gazette Center directly or in collaboration with agents organized the sufficient, timely allocation according to approved list; responsible for tracking, check the release schedule; manage the use of The free newspapers and reported provincial people's Committee.
c) local budget guarantees granted the entire funding for works published, released The report free of charge by decision of the provincial people's Committee.
2. release The report for other objects in addition to the amount of free newspapers mentioned above, based on the needs of readers, The Center directly or through agents, individuals are eligible to release The report to the agencies, organizations, individuals in and out of the water by the method of taking the currency compensate. 3. Rates and charges released a Gazette) Reviews and released The report made according to price, the cost of the central press release by the Secretary, the Chairman of the Office of the Government decision. When there is a change in the price or cost center, released The report to inform the readers, agents, personal business before the 15 (fifteen) days.
b) all transactions related to works released by Gazette Gazette made on a contract basis.
The contract was signed and the Gazette released follow the sample contracts by the Central Agency for the Gazette Guide.
4. the financial management for The operations quote a) direct Gazette Center financial management for publishing activity and release The report under the provisions of the law.
b) drafted Gazette Center, the authority issued a decision on financial management regulation for Public activities.
c) every year, on the basis of the list of levels, play The free newspapers were approved, The report Center are responsible for estimating the expense of publishing, released The report according to the legal provisions.
VII. IMPLEMENTATION 1. The responsibilities of the Agency issuing the text a) is responsible for the entire content, authority issued, form, manner and procedure for submitting text Post Gazette in accordance with legal provisions.
b) where text has posted The erroneous quote about the form, the form, the Agency issued a decision text revised text by the head of the agency or person who is authorized to sign; the decision to attach the main text should be posted on the Gazette.
Revised decision model text is printed in Appendix IV attached to this circular.
c) announce the name, phone number, Fax, E-mail of the focal unit is responsible for submitting documents and electronic records for the Gazette.
d) before June 5 monthly, focal unit is responsible for issuing legal documents of provincial people's committees, district level send the Gazette category Center legal documents issued in the month prior to The examination report Center, ensure that all the texts are published in the Gazette.
2. The responsibilities of The Center reported a) on the basis of the plan text issued monthly, quarterly, year of the body text, the Center issued Gazette planning published and released The report in full and promptly.
b) where text was posted on The erroneous quote due to failure of The Centre, the Centre must Gazette changed decisions by the Director of The Centre or person is authorized to sign. Revised decision must be published in the Official Gazette.
Revised decision form is printed in Appendix V attached to this circular.
c) ensure the reception and held posted the text on The full, accurate report within 10 days (special cases, this time limit may be extended but not more than 15 days) from the date of the text being passed or signed; responsible for non-disclosure, insufficient disclosure, timely textual receiving eligible Post Gazette.
d) Have the responsibility to build, manage and connect to the database of provincial Gazette onto the electronic Gazette of the Socialist Republic of Vietnam. The case has no website, The Center report must submit electronic records of every Gazette by means of bringing information to The central alarm Agency.
DD) monthly, The report Center helps the Chief provincial people's Committee reporting process Commission President the people of province level situation received and posted the text of the law on the Official Gazette; the proposal, recommended measures to resolve the difficulties and problems (if any) in order to ensure the completeness, accuracy, timeliness of legal texts on the Gazette.
e) before June 15 in January of every year, The Center report sent to report on the situation of the previous year's activities to the central message to General Government reports under the provisions of the law.
When required by the Agency to the Central Gazette, Gazette Center is responsible for sending the full, timely reports on publishing activities, released The report to The central alarm Agency.
Sample report by the Central Agency for the Gazette Guide and be applied uniformly in the whole country.
g) Send 1 of every Gazette book issued to the central message to ensure the inspection, directing professional service activities in accordance with the legal provisions.
3. Effective enforcement of this circular have the effect after 15 days from the date The report.
In the process, if there are problems, people's committees of provinces and cities under central and related agencies reported Government offices to promptly consider and resolve.