Decree No. 100/2010/ND-CP dated September 28, 2010 of the Government on "Cong bao"

THE GOVERNMENT

Decree No. 100/2010/ND-CP of September 28, 2010, on “CONG BAO”

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

Pursuant to the December 3, 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees;

At the proposal of the Minister-Director of the Government Office,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application and subjects of regulation

1. This Decree provides the functions of “CONG BAO” (official gazette), principles for sending, receiving and publishing documents in “CONG BAO”; and responsibilities of state agencies for sending, receiving and publishing documents in “CONG BAO.”

2. This Decree is not applicable to activities of “CONG BAO” on industrial property and “CONG BAO” on copyright and related rights under the Intellectual Property Law and detailing and guiding documents.

Article 2. Functions of “CONG BAO”

1. “CONG BAO” is the State’s official legal information publication uniformly managed by the Government, functioning to publicize legal documents promulgated or jointly promulgated by competent state agencies, treaties which have taken effect on the Socialist Republic of Vietnam, and other legal documents under regulations.

2. “CONG BAO” includes “CONG BAO” of the Socialist Republic of Vietnam published by the Government Office and provincial-level “CONG BAO” published by Offices of People’s Committees of provinces and centrally run cities.

Article 3. Forms of “CONG BAO”

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

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

Article 4. Principles of publication of documents in “CONG BAO”

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

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

3. Legal documents promulgated or jointly promulgated by central state agencies shall be published in “CONG BAO” under the Law on Promulgation of Legal Documents. Legal documents promulgated by provincial-level People’s Councils and People’s Committees shall be published in “CONG BAO” under the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees.

Article 5. Documents published in “CONG BAO” of the Socialist Republic of Vietnam

1. Legal documents promulgated or jointly promulgated by central state agencies.

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

3. Documents issued by competent central-level agencies or persons handling unlawful legal documents.

4. Documents correcting legal documents promulgated or jointly promulgated by central state agencies.

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

6. Other legal documents promulgated or jointly promulgated by central state agencies.

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

Article 6. Documents published in provincial-level “CONG BAO”

1. Legal documents promulgated by provincial-level People’s Councils and People’s Committees.

2. Documents issued 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.

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 and chairpersons of provincial-level People’s Committees; legal documents promulgated by district-level People’s Councils and People’s Committees.

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

Article 7. Legal validity of documents published in “CONG BAO”

Legal 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” prevails.

Article 8. “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 9. “CONG BAO” offices

1. The Government Office shall publish printed “CONG BAO” of the Socialist Republic of Viet-nam and electronic “CONG BAO” of the Socialist Republic of Vietnam on the government e-portal.

2. Offices of provincial-level People’s Committees shall publish printed provincial-level “CONG BAO” and electronic provincial-level “CONG BAO” on e-portals or websites of provincial-level People’s Committees.

Chapter II

SENDING AND RECEIPT OF DOCUMENTS, PUBLICATION IN
“CONG BAO”

Article 10. Time limits 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 2 working days after announcing or signing for promulgation the documents defined in Clauses 1, 3, 4, 5 and 6, Article 5 of this Decree, promulgating agencies shall send them to the Government Office for publication in “CONG BAO”.

b/ Within 15 days after receiving an effective bilateral treaty and within 30 days after receiving a notice of the effect of a multilateral treaty from the multilateral treaty depository, the Ministry of Foreign Affairs shall copy the treaty from the original and send it to the Government Office for publication in “CONG BAO”.

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

Within 2 working days after adopting or signing for promulgation the documents defined in Article 6 of this Decree, promulgating agencies shall send them to Offices of provincial-level People’s Committees for publication in “CONG BAO”.

Article 11. Documents sent for publication in “CONG BAO”

1. 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 12. 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 documents when receiving them, the Government Office or Offices of provincial-level People’s Committees shall notify such to promulgating agencies for handling.

3. The Government Office shall specify this Article.

Article 13. Time limits 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 30 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 14. Sending, receipt and publication in “CONG BAO” of legal documents providing measures to be taken in cases of emergency and documents promulgated to promptly meet requirements for prevention and control of natural disasters and epidemics

1. A legal document providing measures to be taken in a case of emergency or a document promulgated to promptly meet requirements for prevention and control of natural disasters and epidemics specified in Article 78 of the Law on Promulgation of Legal Documents which takes effect on the date of its announcement or signing shall be sent to the Government Office on such date for publication in “CONG BAO”.

The promulgating agency shall make a written request clearly stating the reason.

2. When receiving a document stated above, the Government Office shall receive, record, arrange and publish it in the latest issue of “CONG BAO”, ensuring that the document is published within 2 working days after the date of its announcement or signing.

Article 15. 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. Responsibilities for correction are specified as follows:

a/ Promulgating agencies shall make correction documents for errors made in the elaboration and promulgations 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. 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”.

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

Chapter III

PUBLICATION OF “CONG BAO”

Article 16. 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 1 copy/issue/commune, ward or township.

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

Article 17. Development and management of electronic “CONG BAO”

1. The Government Office shall develop, manage and maintain the operation of electronic “CONG BAO” of the Socialist Republic of Vietnam on the government e-portal.

2. Offices of provincial-level People’s Committees shall develop, manage and maintain the operation of electronic provincial-level “CONG BAO” on e-portals or websites of provincial-level People’s Committees.

3. The Government Office holds the copyright on electronic “CONG BAO” of the Socialist Republic of Vietnam. Offices of provincial-level People’s Committees hold the copyright on provincial-level electronic “CONG BAO”.

4. Electronic “CONG BAO” is used free of charge.

Article 18. Funds for publication of “CONG BAO”

1. Funds for printing and free distribution of printed “CONG BAO” and its table of contents; and funds for the development and management of electronic “CONG BAO” shall be allocated from the state budget and estimated in annual funds for “CONG BAO” publishing agencies.

The allocation, use and management of funds comply with the State Budget Law and relevant documents.

2. Funds for printing and distribution of printed “CONG BAO” and its table of contents for agencies, organizations and individuals ineligible for free receipt of “CONG BAO” shall be balanced on the self-financing principle.

Chapter IV

STATE MANAGEMENT OF “CONG BAO”

Article 19. State management of “CONG BAO”

1. State management of “CONG BAO” covers:

a/ Promulgation of legal documents on “CONG BAO”;

b/ Guidance, direction and examination of the implementation of regulations on “CONG BAO”;

c/ Review of the implementation of regulations on “CONG BAO”.

2. The Government performs the unified state management of “CONG BAO”.

Article 20. Responsibilities of the Government Office

The Government Office shall assist the Government in performing the state management of “CONG BAO”, having the responsibilities to:

1. Assume the prime responsibility for, and coordinate with concerned agencies in, elaborating and proposing the Government or the Prime Minister to promulgate legal documents on “CONG BAO”; promulgate according to its competence or jointly promulgate legal documents detailing and guiding those documents;

2. Manage, publish and distribute “CONG BAO” of the Socialist Republic of Vietnam;

3. Assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding norms of sale prices of “CONG BAO” and deciding on sale prices of “CONG BAO” of the Socialist Republic of Vietnam;

4. Guide the forms, formats and techniques of presenting “CONG BAO” publications;

5. Guide and examine Offices of provincial-level People’s Committees in professional operations of publishing documents in “CONG BAO”;

6. Review the implementation of regulations on “CONG BAO”.

Article 21. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall ensure that the publication of documents in provincial-level “CONG BAO” meet the needs for legal information and state management requirements in their localities; decide on funds for the publication of provincial-level “CONG BAO” based on cost estimates approved by provincial-level People’s Councils; set sale prices of provincial-level “CONG BAO” based on price norms guided by the Government Office and the Ministry of Finance; decide on the free distribution of provincial-level “CONG BAO”; examine the publication and distribution of “CONG BAO” in localities; and direct the management, use and exploitation of free “CONG BAO” in localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 22. Effect

This Decree takes effect on November 15, 2010, and replaces the Government’s Decree No. 104/2004/ND-CP of March 23, 2004, on “CONG BAO” of the Socialist Republic of Vietnam.

Article 23. Implementation responsibilities

Ministers, heads of ministerial-level agencies and Government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG