Directive No. 03/2007/CT-TTg on certain measures to improve the quality and effectiveness of the publication of legal documents in the Official Gazette of the Socialist Republic of Vietnam.

DIRECTIVE

on certain measures to improve the quality and effectiveness of the publication of legal documents in the Official Gazette of the Socialist Republic of Vietnam

After more than two years of implementing Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam, the activity of publishing legal normative documents in the Official Gazette has initially achieved good results and is gradually becoming systematic, contributing positively to the transparency of the process of promulgation and publication of legal documents by administrative state agencies.

However, in reality, some agencies issuing documents have not strictly implemented the legal provisions regarding publication in the Official Gazette, such as: there are still cases of delayed publication or non-publication of documents; many documents are incorrect in terms of authority, form, format, and presentation technique, affecting their validity and effectiveness. The reasons for the above situation are that the issuing agencies have not fully recognized their responsibility to submit legal normative documents for publication in the Official Gazette; they have not adhered to the procedures for drafting, promulgating, and publishing legal documents; the level and skills of some officials and civil servants in drafting legal normative documents at issuing agencies are still weak; the coordination mechanism and accountability mechanism between the Official Gazette agencies at all levels and the issuing agencies are still not strict enough.

To strictly implement the Law on Issuing Legal Normative Documents and Decree No. 104/2004/NĐ-CP on the activities of publishing and distributing the Official Gazette, thereby enhancing the effectiveness and validity of the activity of publishing legal normative documents, the Prime Minister instructs:

1. Ministers, Heads of Ministries equivalent to ministries:

a) Continue to ensure that officials and civil servants of their ministries and sectors strictly implement the provisions of the Law on Issuing Legal Normative Documents and Decree No. 104/2004/NĐ-CP on the procedures for drafting, promulgating, and publishing legal normative documents; recognize the publication of legal normative documents in the Official Gazette as an important and regular task that must be strictly carried out by all ministries and agencies equivalent to ministries;

b) Be responsible for the entire content, form, and format of legal normative documents issued by their ministries and sectors; closely cooperate with the Office of the Government in reviewing the list of legal normative documents already issued to ensure that all legal normative documents are published comprehensively, promptly, and accurately in the Official Gazette;

c) Specifically define the list of agencies, organizations, and individuals at the "place of receipt" for each type of legal normative document according to Article 10 of Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government guiding the implementation of certain articles of the Law on Issuing Legal Normative Documents and Clause 5 of Directive No. 10/2006/CT-TTg dated March 23, 2006 on reducing administrative documents in the operation of state administrative agencies, in the spirit of sending legal normative documents only to supervisory, inspection, and enforcement agencies, and the Official Gazette agency, absolutely not sending them to other organizational units for the purpose of information and reference.

2. Minister, Director of the Office of the Government

a) Report on the situation of the publication of legal documents by ministries, sectors, provincial People's Committees directly under the Central Government at the second half-year session of the Government;

b) Study and review to propose amendments and supplements to issue regulations on the activities of publishing legal normative documents in the Official Gazette within the scope of authority to perfect the legal system for the Official Gazette;

c) Promptly submit to the Prime Minister for early issuance of a Decision to transform the structure of the Official Gazette Department of the Office of the Government into a public service unit to ensure compliance with the law and contribute to enhancing the capacity of the Central Official Gazette Agency;

d) Develop a project on organizing the electronic Official Gazette of the Socialist Republic of Vietnam; implement the publication of draft legal normative documents for public comment in the Supplement to the Official Gazette according to Clause 4, Article 5 of Decree No. 104/2004/NĐ-CP on the activities of the Official Gazette;

đ) Coordinate with relevant agencies to propose the publication of Indexes and Comprehensive Sets of the Official Gazette by sector and field to serve the leadership and management work of the Government, the Office of the Government, ministries, sectors, and provincial People's Committees;

e) Have plans to train and guide on Official Gazette professional and vocational matters regularly or upon request for provincial Official Gazette agencies nationwide.

3. Chairmen of Provincial People's Committees directly under the Central Government:

a) Promptly strengthen organization and ensure material and technical conditions to gradually bring the activities of provincial Official Gazette agencies into a systematic and effective operation;

b) Direct and ensure that specialized agencies and officials and civil servants at the provincial and district levels strictly implement legal provisions related to the publication of legal normative documents in the Official Gazette; organize the posting of legal normative documents according to legal provisions;

c) Closely contact and promptly reflect difficulties and obstacles in the publication and distribution of provincial Official Gazettes to the Office of the Government (through the Central Official Gazette Agency); propose specific solutions to enhance the quality of operations of provincial Official Gazette agencies.

Ministers and heads of central agencies issuing legal normative documents, Chairmen of Provincial People's Committees directly under the Central Government shall strictly implement this Directive. The Office of the Government shall be responsible for monitoring, urging, and inspecting the implementation of the Directive, and promptly compiling and reporting to the Prime Minister./.