Thông tư 03/2011/TT-VPCP

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 100/2010/ND-CP OF SEPTEMBER 28, 2010, ON "CONG BAO"

Pursuant to the Government's Decree No. 33/ 2008/ND-CP of March 19, 2008, defining the functions, tasks, powers and organizational structure of the Government Office;

Pursuant to the Government's Decree No. 100/2010/ND-CP of September 28, 2010, on "CONG BAO";

The Government Office details a number of articles of the Government's Decree No. 100/ 2010/ND-CP of September 28, 2010, on "CONG BAO," as follows:

Article 1. Scope of regulation

This Circular details the forms and techniques of presenting "CONG BAO" (official gazette) publications; dispaten, receipt and publication of documents in "CONG BAO"; coordination in handling documents with errors detected in the course of receipt and publication in "CONG BAO"; and management and storage of "CONG BAO" and documents published in "CONG BAO".

Article 2. Forms and techniques of presenting "CONG BAO"

1. Forms of "CONG BAO"

Published "CONG BAO" comprises printed and electronic "CONG BAO". Printed "CONG BAO" is printed into books. Electronic "CONG BAO" is the electronic version of the printed "CONG BAO" published on the computer network on a full database for search and looking up of full texts of documents. "CONG BAO" of the Socialist Republic of Vietnam, shall be published on the government web portal and the intranet of the Government Office. Provincial-level "CONG BAO" shall be published on e-portals/websites of provincial-level People's Committees and the intranets of the Offices of provincial-level People's Committees.

The font of the text in the printed "CONG BAO" is that of Unicode TCVN 6909:2001 standards.

2. Techniques of presenting the printed "CONG BAO"

a/ The size of the printed "CONG BAO" is 29 cm x 20.5 cm. For a document to be published in "CONG BAO" which has a diagram or map of a non-standard size, the "CONG BAO" office shall adjust the size of the printed "CONG BAO" accordingly;

b/ On the first page of the "CONG BAO" publication is printed the national emblem and name of the Socialist Republic of Vietnam; the "CONG BAO"; the name of the publishing province or centrally run city (for provincial-level "CONG BAO"); issue number of "CONG BAO"; date and table of contents of the "CONG BAO" issue (forms 1 and 2 provided in the Appendix to this Circular);

c/ The text in the "CONG BAO" publication is presented in a single column, which must ensure accuracy of original documents. The parts of recipients, seal, signature and level of urgency of document may be omitted. The font size of 13 or 14 and the line spacing of single or 1.5 lines Shall be used.

The first part of content pages of the "CONG BAO" publication shall be presented according to form 3 provided in the Appendix to this Circular.

Tables, formulas, diagrams, maps and application forms shall be presented exactly in the same size, font size, font and drawing as the originals;

d/ On the last page of the "CONG BAO" publication is printed the name, address, telephone and fax numbers and email address of the "CONG BAO" office, the website address for accessing "CONG BAO" on the Internet, name of the printer of "CONG BAO" and price of the "CONG BAO" publication (form 4 provided in the Appendix to this Circular).

Article 3. Dispatch of documents for publication in "CONG BAO"

A document-promulgating agency shall send the original document to be published in "CONG BAO" together with the electronic file of the original. The document's part of recipients must indicate "CONG BAO". On the first page of the document must be printed the phrase "DOCUMENT TO BE PUBLISHED IN "CONG BAO"."

The electronic file is presented according to Unicode TCVN 6909:2001 standards in a format which allows modification and editing.

For a treaty which is made only in a foreign language, the Ministry of Foreign Affairs shall send an electronic copy scanned from the original to the Government Office.

Article 4. "CONG BAO" publishing process and procedures

1. Document receipt

The "CONG BAO" office shall make entries in the list of information and properties of documents to be published in "CONG BAO": type name, number, symbol and subject of the document, promulgating agency, date of promulgation and date of document receipt. The list of information and properties of documents shall be stored on the database of electronic "CONG BAO" and printed out for filing by month of each year.

2. "CONG BAO" editing

a/ Proof reading, comparison, adjustment between the electronic file and the original of the document for arrangement, editing and technical designing to create the electronic version of each "CONG BAO" issue. "CONG BAO" issues shall be numbered by year. Pages shall be numbered by "CONG BAO" publication;

b/ Documents shall be published in "CONG BAO" according to the time order of receiving documents. Documents received first shall be published first. Legal documents providing measures to be taken in a state of emergency and documents promptly promulgated to meet requirements of natural disaster and epidemic prevention and control shall be published in the latest "CONG BAO" issue immediately after the "CONG BAO" office receives those documents.

In each "CONG BAO" publication, documents shall be arranged in two parts: legal documents and other documents, which shall be arranged according to the hierarchy of promulgating agencies and the legal validity in descending order and document numbers in ascending order. Promulgating agencies of the same level shall be arranged in alphabetical order or in numbers in ascending order;

c/ "CONG BAO" of the Socialist Republic of Vietnam shall be published on the government web portal and the intranet of the Government Office. Provincial-level "CONG BAO" shall be published on the e-portals/websites of provincial-level People's Committees and intranets of the Offices of provincial-level People's Committees concurrently with the distribution of printed "CONG BAO".

Article 5. Coordination in handling documents with errors detected in the course of receipt and publication in "CONG BAO"

1. Errors and handling methods

a/ For errors in forms or techniques of presentation, document-promulgating agencies and "CONG BAO" offices shall issue correcting documents under current law;

b/ For errors in contents or competence, promulgating agencies shall issue withdrawing, amending, supplementing, replacing or annulling documents under current law.

2. Process of handling documents with errors

a/ In the course of receiving and editing documents, if the "CONG BAO" office detects a document with errors, it shall send a notice to the promulgating agency for information and handling. Within 7 working days after issuing such notice, if the document-promulgating agency fails to issue a written reply, the "CONG BAO" office shall publish that document. If there is a written request for handling the errors, the time limit for publication in "CONG BAO" shall be based on the date the "CONG BAO" office receives such request;

b/ If the promulgating agency detects a document with errors, it shall send, a written request for handling to the "CONG BAO" office;

c/ If the promulgating agency issues a document correcting errors in forms or techniques of presentation of a document before such document is published in "CONG BAO", the "CONG BAO" office shall concurrently publish the document with errors and its correcting document. When the document with errors has been published in "CONG BAO", the "CONG BAO" office shall publish the correcting document in the next "CONG BAO" issue;

d/ For documents with errors in contents or competence, the "CONG BAO" office' shall return those documents at the request of promulgating agencies.

Article 6. Management of "CONG BAO" and documents published in "CONG BAO"

1. "CONG BAO" offices

a/ To keep 2 copies/printed "CONG BAO" issue already published and distributed, which shall be bound in books by year;

b/ To keep documents published in "CONG BAO" by year in a scientific manner, ensuring convenient search and comparison. The storage time limit is 5 years;

c/ To manage the database of electronic files of published "CONG BAO" issues and information and properties of documents published in "CONG BAO" by promulgation date and promulgating agency.

2. Free "CONG BAO" of the Socialist Republic of Vietnam shall be kept in the law bookcases of commune-level People's Committees.

Article 7. Responsibilities of agencies

1. Document-promulgating agencies

a/ To lake responsibility for the accuracy of the electronic files against the originals;

b/ To notify "CONG BAO" offices of the name, telephone and fax numbers and email address of the staff or section responsible for sending the originals and electronic files of documents for publication in "CONG BAO."

2. "CONG BAO" offices

a/ To. notify document-promulgating agencies of the telephone and fax numbers and email address of the section responsible for receiving documents for publication in "CONG BAO"

b/ To urge and inspect "CONG BAO" publishing procedures and process and the management, exploitation and use of free "CONG BAO" in localities.

Article 8. Effect

1. This Circular takes effect on June 15,2011.

2. To annul the Government Office's Circulars No. 04/2005/TT-VPCP of March 21, 2005, and No. 03/2006/TT-VPCP of February 17, 2006, guiding a number of articles of the Government's Decree No, 104/2004/ND-CP of March 23, 2004, on "CONG BAO" of the Socialist Republic of Vietnam.-

Notes: All the forms mentioned above are not printed herein.