Chapter 2:
DOCUMENT DRAFTING AND PROMULGATION
Article 4. Forms of document
The forms of document which are formed in activities of organ or organization, including:
1. The legal normative documents as stipulated by the Law on promulgation of legal normative documents dated 12/11/1996 and the Law amending and supplementing some articles of the Law on promulgation of legal normative documents dated 16/12/2002;
2. Administrative documents
Decision (specific), directive (specific), announcement, notice, program, plan, project, scheme, report, minutes, statement, contract, official letter, official order, certificate, proxy, invitation, letter of introduction, leave permit, travel warrant, receipt, sending slip, transfer slip;
3. Specialized documents
The forms of specialized document are stipulated by Ministers and Heads of sector management organs after reaching an agreement with the Minister of Home Affairs;
4. Documents of political organizations, political – social organizations.
The forms of documents of political organizations, political – social organizations are stipulated by the Heads of Central organs of political organizations, political – social organizations.
Article 5. Formula of document
1. Formula of legal normative document and administrative document
a) The formula of legal normative document and administrative document consists of the following components:
- Official name of country;
- Name of organ or organization issuing document;
- Number and symbol of document;
- Geographical name and date of issue of document;
- Name of type and excerpt of document content;
- Document content;
- Position, full name and signature of the competent person;
- Seal of organ or organization;
- Place of receipt;
- Sign of urgency or confidentiality level (for types of urgent or secret document)
b) For official letter, public order, letter of introduction, invitation, sending slip and transfer slip, in addition to the components specified under Point a of this Clause, there can be the address of organ or organization; E-mail address, telephone number, telex or fax number.
c) The formula and presentation techniquess are stipulated by the Minister of Home Affairs and the Minister and Chairman of the Office of the Government
2. Formula of specialized document
The formula and techniques of presentation of specialized documents are stipulated by Ministers and Heads of sector management organs after reaching an agreement with the Minister of Home Affairs;
3. Formula of document of political organization, social-political organization
The formula and techniques of presentation of document of political organization, social-political organization are stipulated by the head of central organs of political organization, social-political organization.
4. The formula and techniques of presentation of document to be sent to foreign organs, organizations or individuals shall comply with the international practices.
Article 6. Document drafting
1. The drafting of legal normative documents shall comply with the provisions of the Law on promulgation of legal normative documents dated 12/11/1996 and the Law amending and supplementing some articles of the Law on promulgation of legal normative documents dated 16/12/2002;
2. The drafting of other documents are stipulated as follows:
a) Based on the nature and content of documents to be drafted, the heads of organ or organization shall assign their units or individuals to do or monitor the drafting.
b) The units or individuals shall perform the following tasks:
Define the form, content, confidentiality and urgency level of the document to be drafted;
Collect and process relevant information;
Draft documents;
In case of necessity, request the head of organ or organization to ask for advice from other relevant organizations and units; study and be open to advice to complete the drafts;
Submit for approval such documents with relevant materials;
Article 7. Draft approval, correction and addition of approved drafts
1. The draft document must be approved by the person with authority to sign.
2. In case of correction or addition of approved draft documents, they must be presented to the approver for consideration and decision.
Article 8. Typing and duplication
The typing and duplication of document must ensure the following requirements:
1. Typing of exact content of draft with proper formula and techniques of presentation of document. In case of error or ambiguousness detection in the draft, the typer must ask the unit or individual making such drafts or the draft approver;
2. Duplicating the prescribed number;
3. Keeping the document content confidential, typing and duplicating such documents at prescribed time.
Article 9. Document check before signing for promulgation
1. The head of unit or individual in charge of drafting must check and take responsibility for the accuracy of document content.
2. The Chief of Office of Ministries, ministerial-level organs, governmental organs and People’s Committee at all levels (hereafter referred to as Chief of Office); Head of Administrative Department at organ or organization having no office (hereafter referred to as Head of Administrative Department); the person assigned with tasks to assist the head of organ and organization to manage work of records and archives at other organ or organization (hereafter referred to as task assignee) must check and take responsibility for the form, formula, presentation techniques and procedures for document promulgation.
Article 10. Document signing
1. At organ or organization working under the leadership mode, the head of organ and organization has the authority to sign all documents of such organ or organization. The head may authorize his deputy to sign on his behalf the documents which are under the deputy’s assigned fields.
2. At organ or organization working under collective mode:
a) For important issues of organ or organization which must be discussed collectively and decided by the majority as stipulated by law, the signing of document is provided for as follows:
The head of organ or organization shall sign such documents on behalf of leadership collective;
The head’s deputy and the members holding other positions may sign on behalf of collective or head of organ or organization the documents under the authorization from the head and the documents which are under their assigned fields.
b) The signing of documents related to other issues shall comply with the provisions specified in Clause 1 of this Article;
3. In special cases, the head of organ or organization may authorize a cadre in charge lower than one level to sign on his behalf a number of documents he must sign. The authorized signing must be stipulated in writing and limited in a certain period. The authorized person must not authorize another person to sign such documents.
4. The head of organ or organization may assign the Chief of Office, Head of Administrative Department or Head of some units to sign by order a number of documents. The signing by order must be specified in the operation regulation or regulation on work of records and archives of organs ororganizations.
5. Do not use pencil, red ink or other types of fadable ink upon document signing.
Article 11. Document copy
1. The forms of document copy specified in this Decree include the certified copy, excerpt copy, extract copy.
2. The formula of copy is specified as follows:
Form of copy: certified copy, excerpt copy or extract copy; name of organ or organization making copy of document, symbol of copy; geographical name and date of copy; position, full name and signature of the competent person, seal of organ or organization making copy; place of receipt;
3. The certified copy, excerpt copy or extract copy shall be done in accordance with the provisions in this Decree with their legal value as the primary copy.
4. The copy with seal and signature of document not comply with the formula specified in Clause 2 of this Article shall be for only information or reference;
Tìm kiếm
Nghị định 110/2004/NĐ-CP (Bản Word)