Chương XI: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Điều khoản thi hành

Chapter XI

IMPLEMENTATION PROVISIONS

Article 183. Responsibility to organize implementation of legal documents

The implementation of legal documents shall be organized in a timely and effective manner. For a law or an ordinance, the organization of its implementation must focus on:

1. Planning the organization of implementation of the legal document.

2. Organizing the implementation of policies and measures in the legal document.

3. Disseminating the legal document.

4. Promulgating documents (if any) detailing the implementation of the legal document.

5. Training in the legal document.

6. Receiving and processing reports and proposals of individuals and organizations.

7. Ensuring physical foundations, funds, organizational apparatus and human resources for the implementation of the legal document.

8. Monitoring, examining and urging the implementation of the legal document.

9. Making preliminary and final reviews of the implementation of the legal document.

10. Reporting on the organization of implementation of the legal document and proposed solutions to problems arising in such organization.

Article 184. Responsibilities of ministers, heads of ministerial-level agencies or People’s Committees to ensure conditions for elaboration of legal documents and improvement of the legal system

1. To observe the order and procedures for elaboration and promulgation of legal documents prescribed in the Law and this Decree.

2. To ensure conditions for the elaboration of legal documents in ministries, ministerial- level agencies or localities.

3. To organize training to improve capacity to make proposals for elaboration of legal documents; drafting skills and skills to assess impacts of policies and collect opinions on draft documents; and to assess the implementation of legal documents.

4. To provide information relating to sectors or fields under their management at the request of agencies in charge of drafting or agencies appraising and verifying legal documents.

5. To guide the elaboration and promulgation of legal documents and improvement of the legal system in ministries, ministerial-level agencies or localities.

6. The Ministry of Justice shall provide uniform professional guidance on the elaboration of legal documents and improvement of the legal system.

Article 185. Responsibilities of agencies and individuals in examination and handling of legal documents

1. Responsibilities of a minister or the head of a ministerial-level agency:

a/ To formulate, and organize the implementation of, plans on examination of documents falling within the examining competence of his/ her ministry or sector;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Justice, the Government Office and related agencies in, examining and processing documents that contain provisions falling in the state management field of his/ her ministry or sector and are promulgated by ministries, ministerial-level agencies or provincial-level People’s Councils or People’s Committees;

c/ To organize training courses on examination and handling of documents for cadres and civil servants engaged in the examination of documents; to organize and manage document examination collaborators under the management of his/ her ministry or sector;

d/ To organize information networks, and update and manage the database serving the examination and handling of documents in his/ her ministry or ministerial-level agency;

dd/ To organize preliminary and final reviews of the examination and handling of documents of his/ her ministry or ministerial-level agency.

2. Responsibilities of the Minister of Justice:

a/ To assist the Government in performing the unified state management of the examination and handling of documents nationwide;

b/ To assume the prime responsibility for, and coordinate with the Government Office and related ministries, sectors and agencies in, organizing the implementation of plans on examination of documents falling within his/ her examining competence;

c/ To urge, direct and inspect the examination and handling of documents by ministries, ministerial-level agencies and local administrations;

d/ To guide and inspect the examination and handling of documents by legal organizations of ministries, ministerial-level agencies or government-attached agencies, provincial-level Justice Departments or district-level Justice Divisions;

dd/ To organize training courses on examination and handling of documents for cadres and civil servants engaged in the examination of documents; to organize and manage document examination collaborators;

e/ To organize information networks, and update and manage the database serving the examination of documents; to organize scientific research into examination and handling of documents;

g/ To organize preliminary and final reviews of the examination and handling of documents by the Ministry of Justice.

3. Responsibilities of a provincial- or district-level People’s Committee:

a/ To formulate, and organize the implementation of, plans on examination of documents in its locality;

b/ To urge, direct and inspect the examination of handling of documents in its locality;

c/ To coordinate with and create conditions for document-examining agencies to examine documents according to their competence;

d/ To organize training courses on examination of documents; to organize and manage document examination collaborators in its locality; to organize scientific research into examination of documents;

dd/ To organize information networks, and update and manage the database serving the examination of documents;

e/ To organize preliminary and final reviews of the examination and handling of documents in its locality.

The provincial-level Justice Department or district-level Justice Division shall assist its People’s Committee in performing the state management of examination and handling of documents as prescribed in this Clause.

Article 186. Responsibilities of agencies and individuals in review and systematization of legal documents

1. Responsibilities of a minister, the head of a ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General:

a/ To urge and inspect the review and systematization of legal documents according to his/ her competence;

b/ To provide guidance and training to improve the skills of review and systematization of legal documents; to organize and manage document review and systematization collaborators;

c/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;

d/ To organize preliminary and final reviews of the review and systematization of legal documents;

dd/ The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General shall provide information and results of the review and systematization of documents for the Ministry of Justice to assist the Government in summarizing such information and reports for submission to the National Assembly or the National Assembly Standing Committee.

2. Responsibilities of the Minister of Justice:

a/ To assist the Government in performing the unified state management of the review and systematization of legal documents;

b/ To urge, direct and inspect the review and systematization of legal documents by ministries, ministerial-level agencies and local administrations;

c/ To provide guidance and training to improve the skills of review and systematization of documents nationwide; to organize and manage document review and systematization collaborators;

d/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;

dd/ To organize preliminary and final reviews of the review and systematization of legal documents.

3. Responsibilities of a People’s Committee:

a/ To assign the focal point in charge of, establish assignment and coordination mechanisms and provide conditions for, the review and systematization of legal documents;

b/ To urge and direct the review and systematization of legal documents in its locality;

c/ To provide guidance and training to improve the work of review and systematization of legal documents; to organize and manage document review and systematization collaborators;

d/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;

dd/ To organize preliminary and final reviews of the review and systematization of legal documents in localities.

Article 187. Responsibilities of agencies in relation to Cong Bao

1. The Government Office shall assist the Government in performing the unified state management of Cong Bao activities and adopt policies on socialization of these activities, having the following responsibilities:

a/ To manage, publish and distribute Cong Bao of the Socialist Republic of Vietnam; and organize the printing Cong Bao through public bidding in accordance with the bidding law;

b/ To guide forms, format and techniques of presenting Cong Bao publications;

c/ To professionally guide and examine the publishing of documents in Cong Bao by the Offices of provincial-level People’s Committees;

d/ To organize preliminary and final reviews of the implementation of regulations on Cong Bao;

dd/ To maintain and manage the e-Cong Bao and integrate it on the Government Portal.

2. Responsibilities of a provincial-level People’s Committee:

To ensure the publishing of documents on provincial-level Cong Bao publications to meet the demands for legal information and serve state management activities in its locality; to decide on funds for publishing provincial-level Cong Bao publications on the basis of fund estimates approved by the provincial-level People’s Council; to set the sale price of provincial-level Cong Bao publications under pricing regulations of the Minister of Finance; to decide on free distribution of provincial-level Cong Bao publications; to examine the publishing and distribution of Cong Bao publications in its locality; to direct the management, use and exploitation of Cong Bao publications distributed free of charge in its locality.

Article 188. Transitional provisions

1. Legal documents which are promulgated before July 1, 2016, remain effective and have not yet been examined, reviewed or systematized, shall be examined, reviewed and systematized in accordance with the Law and this Decree.

2. The free distribution of Cong Bao publications of the Socialist Republic of Vietnam to communes, wards and townships in 2016 must still comply with Clause 2, Article 16 of the Government’s Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao.

Article 189. Effect

1. This Decree takes effect on July 1, 2016.

2. The Government’s Decree No. 24/2009/ND-CP of March 5, 2009, detailing, and prescribing measures to implement, the Law on Promulgation of Legal Documents; Decree No. 91/ 2006/ ND-CP of September 6,20,06, detailing a number of articles of the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees; Decree No. 40/2010/ND-CP of April 12,2010, on examination and handling of legal documents; Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao; and Decree No. 16/2013/ND-CP of February 6, 2013, on review and systematization of legal documents, cease to be effective on the effective date of this Decree.