Chương VI: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Công báo và niêm yết văn bản quy phạm pháp luật

Chapter VI

“CONG BAO” AND PUBLICATION OF LEGAL DOCUMENTS

Section 1. “CONG BAO”

Article 82. Forms of “CONG BAO”

1. “CONG BAO” comprises “CONG BAO” of the Socialist Republic of Vietnam published by the Government Office and provincial-level “CONG BAO” published by the Offices of provincial-level People’s Committees.

2. “CONG BAO” is published in printed and electronic forms.

3. The Government Office shall guide the forms, formats and techniques of presenting “CONG BAO” publications.

Article 83. Principles of publication of documents in “CONG BAO”

1. Legal document shall be published in “CONG BAO” in accordance with Article 150 of the Law.

2. “CONG BAO” publishes fully, promptly and accurately the full texts of legal documents sent by promulgating agencies.

3. “CONG BAO” does not publish documents on the list of state secrets as prescribed by law and treaties not published in “CONG BAO” under agreement of contracting parties.

Article 84. Responsibilities of “CONG BAO” management agencies and promulgating agencies for sending documents for publication in “CONG BAO”

1. The Government Office shall publish printed “CONG BAO” of the Socialist Republic of Vietnam and manage e-”CONG BAO” of the Socialist Republic of Vietnam on the web portal of the Government.

2. The Offices of provincial-level People’s Committees shall publish printed provincial- level “CONG BAO” and manage e-provincial-level “CONG BAO” on the web portals of provinces and centrally run cities.

3. The Government Office and the Offices of provincial-level People’s Committees shall take responsibility for failing to publish documents in “CONG BAO”, for delaying publication of documents in “CONG BAO”, or for failing to publish documents in full text, completely or accurately in “CONG BAO”.

4. Promulgating agencies shall take responsibility for failing to send or delaying the sending of documents, or sending incomplete or inaccurate documents, for publication in “CONG BAO”.

Article 85. Documents published in “CONG BAO” of the Socialist Republic of Vietnam

1. Legal documents promulgated by central state agencies.

2. Treaties which have taken effect on the Socialist Republic of Vietnam.

3. Resolutions of the Standing Committee of the National Assembly explaining the Constitution, laws and ordinances.

4. Documents annulling legal documents.

5. Decisions terminating the enforcement of, or handling, unlawful legal documents.

6. Documents correcting legal documents promulgated by central state agencies.

7. Lists of documents and regulations no longer effective, made and sent for publication in “CONG BAO” by competent central state agencies.

8. Other legal documents promulgated by central state agencies.

The publication of the documents prescribed in this Clause shall be decided by promulgating agencies.

Article 86. Documents published in provincial-level “CONG BAO”

1. Legal documents promulgated by provincial-level People’s Councils and People’s Committees, and local administrations of special administrative-economic units.

2. Documents promulgated by competent provincial-level agencies or persons handling unlawful legal documents.

3. Documents correcting legal documents promulgated by provincial-level People’s Councils and People’s Committees, and local administrations of special administrative- economic units.

4. Lists of documents and regulations no longer effective, made and sent for publication in “CONG BAO” by competent provincial-level state agencies.

5. Other legal documents promulgated by provincial-level People’s Councils and People’s Committees, local administrations of special administrative-economic units and chairpersons of provincial-level People’s Committees.

The publication of the documents prescribed in this Clause shall be decided by promulgating agencies.

Article 87. Legal validity of documents published in “CONG BAO”

Documents published in “CONG BAO” are official documents and have the same validity as the originals. When there are discrepancies between printed and electronic “CONG BAO”, printed “CONG BAO” must prevail.

Article 88. “CONG BAO” table of contents

“CONG BAO” table of contents is a publication published at the end of each year, listing titles of documents published in “CONG BAO” by promulgating agency and promulgation time to serve the search for documents published in “CONG BAO”.

Article 89. Time limit for sending documents for publication in “CONG BAO”

1. Time limit for sending documents for publication in “CONG BAO” of the Socialist Republic of Vietnam:

a/ Within 3 working days after announcing or signing for promulgation a document prescribed in Clause 1, 3, 4, 5,.6, 7 or 8, Article 85 of this Decree, promulgating agency shall send it to the Government Office for publication in “CONG BAO”;

b/ The time limit for sending treaties for publication in “CONG BAO” of the Socialist Republic of Vietnam must comply with the Law on Treaties.

2. Time limit for sending documents for publication in provincial-level “CONG BAO”:

Within 3 working days after adopting or signing for promulgation a document prescribed in Article 86 of this Decree, the promulgating agency shall send it to the Office of a provincial- level People’s Committee for publication in “CONG BAO”.

Article 90. Documents sent for publication in “CONG BAO”

1. Legal documents sent for publication in “CONG BAO” must be the originals; treaties sent for publication in “CONG BAO” must be true copies of the originals.

2. A document sent for publication in “CONG BAO” must comprise a printed copy, clearly indicated as “document sent for publication in “CONG BAO,” and an electronic copy.

The electronic copy must satisfy the criteria prescribed by law. The promulgating agency shall take responsibility for the accuracy of printed and electronic copies.

Article 91. Receipt of documents and publication in “CONG BAO”

1. The Government Office and Offices of provincial-level People’s Committees shall receive and publish documents in “CONG BAO”; record, manage and fully keep documents sent for publication in “CONG BAO” for comparison with documents published in “CONG BAO” when necessary.

2. If detecting errors in a document when receiving it, the Government Office or the Office of a provincial-level People’s Committee shall immediately, notify such to the promulgating agency for timely handling and the promulgating agency shall send the original within the day to ensure its publication in “CONG BAO” according to the prescribed time limit.

Article 92. Time limit for publication of documents in “CONG BAO”

1. Within 15 days after receiving a document, the Government Office shall publish that document in “CONG BAO” of the Socialist Republic of Vietnam.

2. Within 7 days after receiving a document, the Office of a provincial-level People’s Committee shall publish that document in provincial-level “CONG BAO”.

3. Documents shall be published simultaneously in electronic and printed “CONG BAO” from the same database.

Article 93. Sending, receipt and publication in “CONG BAO” of legal documents according to fast-track procedure and order

1. A legal document promulgated in accordance with Clause 1, Article 146 of the Law shall be sent to the Government Office or the Office of a provincial-level People’s Committee on the date of its announcement or signing for promulgation for publication in “CONG BAO”.

2. When receiving a document prescribed in Clause 1 of this Article, the Government Office or the Office of a provincial-level People’s Committee shall receive, record, arrange and publish it in the latest issue of “CONG BAO”, ensuring publication of the document within 3 working days after the date of its announcement or signing for promulgation.

Article 94. Correction of documents published in “CONG BAO”

1. Documents which are detected to have errors in presentation formats or techniques after being published in “CONG BAO” shall be corrected.

2. Responsibilities for correction:

a/ Promulgating agencies shall make correction documents for errors made in the formulation and promulgation of documents;

b/ The Government Office shall make correction documents for errors made in the publication of “CONG BAO” of the Socialist Republic of Vietnam. The Offices of provincial- level People’s Committees shall make correction documents for errors made in the publication of provincial-level “CONG BAO” based on comparison with documents sent for publication in “CONG BAO”.

3. Correction documents shall be published in the latest issue of “CONG BAO”.

Article 95. Publication and distribution of printed “CONG BAO”

1. “CONG BAO” shall be published and distributed widely on demand to agencies, organizations and individuals.

2. “CONG BAO” of the Socialist Republic of Vietnam shall be distributed free to communes, wards and townships with I copy/ issue/ commune, ward or township based on the demand registered by each locality.

Provincial-level People’s Committees shall make lists of their communes, wards and townships wishing to receive free “CONG BAO” and send them to the Government Office before December 1 every year.

3. Provincial-level People’s Committees shall decide on the free distribution of provincial- level “CONG BAO” in their localities.

Section 2. POSTING UP LEGAL DOCUMENTS

Article 96. Posting up legal documents

1. Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up.

2. Principles of posting up legal documents:

a/ To completely, promptly and accurately post up the full text of documents which are required to be posted up to enable public access to their entire contents;

b/ To post up legal documents in accordance with law;

c/ A legal document to be posted up must be the original with seal and signature.

3. District- and commune-level People’s Councils and People’s Committees shall post up legal documents promulgated by themselves.

Article 97. Time limit for posting up legal documents

A legal document of a district- or commune-level People’s Council or People’s Committee shall be posted up within 3 working days after it is signed for certification or for promulgation by the chairperson of the People’s Council or People’s Committee respectively. The posting time must be at least 30 consecutive days from the posting date.

Article 98. Places for posting up legal documents

1. Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up at the offices of promulgating agencies.

2. Legal documents of district- and commune-level People’s Councils and People’s Committees may also be posted up at the following places under decisions of chairpersons of People’s Committees of the same level:

a/ Citizen reception places of district-level People’s Committees, for legal documents of district-level People’s Councils and People’s Committees;

b/ Places for receiving and notifying administrative procedure settlement results of district- and commune-level People’s Committees;

c/ District- and commune-level cultural houses; cultural houses of hamlets, villages, residential clusters and street residential quarters;

d/ Commune-level post-culture points;

dd/ Community educational centers;

e/ Other residential points.

Article 99. Validity of posted documents

Legal documents of district- and commune-level People’s Councils and People’s Committees to be posted up must be the originals. In case of discrepancies between posted documents and those from other sources, posted documents must prevail.

Article 100. Correction of posted documents

1. Posted documents which are detected to have errors in presentation formats or techniques shall be corrected immediately after such errors are detected.

2. A correction document shall be posted up within 1 working day after it is signed by a competent person. The time limit for posting up the corrected document shall be calculated from the beginning.