Circular No. 08/2013/TT-BVHTTDL stipulates the procedures and formalities for drafting and promulgating regulatory legal documents primarily handled by the Ministry of Culture, Sports and Tourism for drafting or promulgation. This Circular applies to agencies under the Ministry and related organizations and individuals. Notably, it covers the preparation of draft documents, review, presentation, and publication in the Official Gazette.
适用范围
Agencies under the Ministry of Culture, Sports and Tourism; organizations and individuals related to the procedures and formalities for drafting and promulgating regulatory legal documents in the fields of culture, family, physical education, sports, and tourism.
要点
- Agencies under the Ministry propose to draft regulatory legal documents annually within specific deadlines.
- The Legal Department prepares the draft proposal for drafting the document and submits it to the Minister for consideration and decision.
- The drafting procedure of the Circular is carried out by the agency primarily responsible, including soliciting comments from organizations and individuals.
- The Legal Department reviews the draft Circular before submitting it to the Minister for signature and promulgation.
- The Circular must be published in the Official Gazette and on the Ministry's website after being signed and promulgated.
🌐 本文件的社会影响
- Positive impact: Strengthening the effectiveness of state management, ensuring consistency and compatibility with the legal system.
- Negative impact: Increased workload for agencies under the Ministry due to compliance with complex procedures.
- Benefit: Organizations and individuals have the opportunity to contribute comments to regulatory legal documents.
- Cost: Time and resource expenditure to implement steps in the process of drafting legal documents.
❓ 常见问题
Which agency is responsible for drafting regulatory legal documents?
Agencies under the Ministry of Culture, Sports and Tourism or agencies assigned as the primary drafting agency.
What is the deadline for submitting proposals to draft regulatory legal documents?
Proposals to draft Laws and Ordinances must be submitted no later than January 2 of the first year of the National Assembly term; proposals to draft Decrees annually must be submitted no later than June 1 of the preceding year to the Government.
Which agency is responsible for reviewing draft Circulars?
The Legal Department is responsible for reviewing draft Circulars before submitting them to the Minister for signature and promulgation.
To which areas does this Circular apply?
This Circular applies to regulatory legal documents in the fields of culture, family, physical education, sports, and tourism.
What is the deadline for publishing the Circular in the Official Gazette after signing and promulgation?
The Circular must be published in the Official Gazette no later than two working days after the date of signing and promulgation.
全文
CIRCULAR
Provisions on the procedures and formalities for drafting and promulgating regulatory legal documents
under the main responsibility of the Ministry of Culture, Sports and Tourism
_______________________________
Pursuant to the Law on Legislative Acts of 03 June 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;
Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;
Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain decrees related to administrative procedure control;
Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;
At the request of the Director of the Legal Department,
The Minister of Culture, Sports and Tourism issues this Circular providing for the procedures and formalities for drafting and promulgating regulatory legal documents under the main responsibility of the Ministry of Culture, Sports and Tourism.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular provides for the procedures and formalities for drafting and promulgating regulatory legal documents under the main responsibility of the Ministry of Culture, Sports and Tourism within its jurisdiction in the fields of culture, family, physical education, sports, and tourism.
Article 2. Applicability
This Circular applies to organizations under the Ministry of Culture, Sports and Tourism assisting the Minister in performing state management functions as prescribed from Clause 1 to Clause 22, Article 3 of Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism (hereinafter referred to collectively as agencies under the Ministry); organizations and individuals related to the procedures and formalities for drafting and promulgating regulatory legal documents in the fields of culture, family, physical education, sports, and tourism.
In cases where the head of an agency under the Government organizes the drafting of this Circular in the fields of culture, family, physical education, sports, and tourism to submit to the Minister of Culture, Sports and Tourism for signature and promulgation, it shall be implemented according to the procedures and formalities prescribed in Article 35 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing measures to implement the Law on Enacting Regulatory Legal Documents (hereinafter referred to as Decree No. 24/2009/NĐ-CP) and the provisions of Articles 10, 11, and 12 of this Circular.
Chapter II
PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS
Article 3. Proposals of agencies under the Ministry regarding the drafting of regulatory legal documents
1. Annually, based on their own functions and tasks and the proposals for drafting regulatory legal documents from organizations and individuals related to the scope of their advisory state management, agencies under the Ministry shall propose in writing the drafting of Laws, Resolutions of the National Assembly, Ordinances, Resolutions of the Standing Committee of the National Assembly (hereinafter collectively referred to as Laws, Ordinances); Decrees of the Government; Circulars of the Minister of Culture, Sports and Tourism; Joint Circulars between the Minister of Culture, Sports and Tourism and the Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy (hereinafter collectively referred to as Circulars).
The proposal document shall be sent to the Department of Legal Affairs for consolidation and reporting to the Minister within the following deadlines:
Proposals for drafting Laws, Ordinances during the term of the National Assembly must be submitted no later than January 2 of the first year of the National Assembly term;
Proposals for drafting Laws, Ordinances annually based on the Program for the entire term of the National Assembly must be submitted no later than 170 days before March 1 of the year preceding the year in which they are expected to be submitted to the National Assembly, the Standing Committee of the National Assembly;
Proposals for drafting Laws, Ordinances annually not included in the Program for drafting Laws, Ordinances for the entire term of the National Assembly must be submitted no later than 170 days before March 1 of the year preceding the year in which they are expected to be submitted to the National Assembly, the Standing Committee of the National Assembly;
Proposals for drafting Decrees annually must be submitted no later than June 1 of the year preceding the year in which they are expected to be submitted to the Government;
d) Proposals for drafting Circulars annually must be submitted no later than August 1 of the year preceding the year in which they are expected to be promulgated.
2. The proposal document sent to the Department of Legal Affairs shall include the following basic contents:
a) The proposal document for drafting Laws, Ordinances must clearly state the necessity of promulgating the document, the subject matter, the scope of regulation of the document, the basic viewpoints and policies, the main content of the document; the anticipated resources and conditions for drafting the document; preliminary impact assessment report of the document and the anticipated time for submitting the document;
b) The proposal document for drafting Decrees must clearly state the necessity of promulgating the document, the subject matter, the scope of regulation of the document; the basic policy content of the document, preliminary impact assessment report of the document and the anticipated time for submitting the document;
c) The proposal document for drafting Circulars must clearly state the necessity of promulgating the document, legal basis, scope of regulation, applicability, main content of the document; the name of the main drafting agency, the coordinating agencies, and the anticipated time for submitting the document.
3. For proposals for drafting Laws, Ordinances, Decrees, in addition to sending the proposal document as prescribed in Points a and b of Clause 2 of this Article, agencies under the Ministry shall also perform the following tasks:
a) Organize soliciting opinions from relevant agencies on proposals for drafting Laws, Ordinances, Decrees; publish the explanatory memorandum on proposals for drafting Laws, Ordinances, Decrees and the preliminary impact assessment report on the Ministry's website according to Point a of Clause 1 of Article 3 and Point a of Clause 4 of Article 14 of Decree No. 24/2009/NĐ-CP;
b) Take the lead, coordinate with relevant agencies to study and prepare the proposal dossier for drafting Laws, Ordinances, Decrees; complete the dossier based on comments received; send the proposal dossier to the Department of Legal Affairs for consolidation. The dossier components are carried out according to the provisions of Article 4 and Clause 1 of Article 15 of Decree No. 24/2009/NĐ-CP.
In cases where proposals for drafting Laws, Ordinances, and Decrees (except Decrees detailed in Point a of Clause 2 of Article 14 of Decree No. 24/2009/NĐ-CP) contain provisions related to financial sources and human resources, they must propose the leadership of the Ministry to send the proposal dossier for drafting Laws, Ordinances, and Decrees to the Ministry of Finance to solicit opinions on the rationality of the proposed financial sources and the Ministry of Home Affairs to solicit opinions on the rationality of the proposed human resources.
4. For proposals to draft Decrees stipulating necessary issues that have not yet met the conditions to be established as Laws or Ordinances to meet the requirements of state management, economic management, and social management, the proposing agency must submit to the Minister for coordination with the Government Office and the Ministry of Justice to prepare the dossier and seek opinions from the Standing Committee of the National Assembly on issuing the Decree according to Clause 4, Article 14 of the Law on Enacting Legal Normative Documents.
Article 4. Drafting Proposals for Establishing Laws, Ordinances, Decrees, Circulars to be Submitted to the Minister
1. Drafting Proposals for Establishing Laws, Ordinances, Decrees
The Legal Department shall be responsible for:
a) Compiling proposals for establishing Laws, Ordinances, Decrees of agencies under the Ministry as stipulated in Article 3 of this Circular and suggestions for establishing Laws, Ordinances, Decrees of organizations and individuals according to Clause 3, Article 1 and Clause 3, Article 13 of Decree No. 24/2009/NĐ-CP;
b) Drafting proposals for establishing Laws, Ordinances, Decrees to be submitted to the Minister for consideration and decision.
During the drafting process of proposals for establishing Laws, Ordinances, Decrees, the Legal Department shall take the lead in organizing meetings or sending documents to solicit opinions from relevant agencies to refine and perfect the proposals for establishing Laws, Ordinances, Decrees and related dossiers. In cases where necessary, the Minister shall organize meetings with agencies under the Ministry, agencies equivalent to ministries, and agencies under the Government with the participation of representatives from the Ministry of Justice, the Government Office, the Ministry of Finance, and the Ministry of Home Affairs to provide opinions on proposals for establishing Laws, Ordinances, Decrees;
c) Submitting the dossier within the time limits specified in Clauses 1, 2, and 3 of Article 4; Clause 7, Article 14 of Decree No. 24/2009/NĐ-CP to the Ministry of Justice and the Government Office after the Minister signs and promulgates the document proposing to establish Laws, Ordinances to be submitted to the National Assembly and the Standing Committee of the National Assembly; Decrees to be submitted to the Government.
2. Drafting the Program for Establishing Circulars of the Ministry
The Legal Department shall be responsible for:
a) Compiling proposals for establishing Circulars of agencies under the Ministry and suggestions for establishing Circulars of organizations and individuals;
b) Drafting the Program for Establishing Circulars.
During the drafting process of the Program for Establishing Circulars, the Legal Department shall take the lead in organizing meetings or sending documents to solicit opinions from relevant agencies, refining and perfecting the Program for Establishing Circulars to be submitted to the Minister for consideration and decision.
3. Within five working days from the date the Program for Establishing Laws, Ordinances, Decrees, Circulars is approved by the competent authority, the Office shall be responsible for notifying or sending copies to the main drafting agencies to implement.
4. Based on the Program for Establishing Laws, Ordinances, Decrees, Circulars approved by the competent authority, the Legal Department shall coordinate with the Office to monitor and urge the progress of drafting legal documents.
5. Main drafting agencies shall ensure compliance with the schedule and quality of drafting legal documents according to the Program for Establishing Laws, Ordinances, Decrees, Circulars approved by the competent authority; report to the Minister on the progress of implementation.
Article 5. Requesting Adjustments to the Program for Enacting Legal Normative Documents
1. Cases for requesting adjustments:
a) Removing unnecessary documents from the Program due to changes in economic and social conditions;
b) Postponing submission deadlines due to delays in drafting or insufficient quality of the document;
c) Adding necessary documents to the Program due to urgent management requirements or to amend them in accordance with newly issued documents to ensure the consistency of the legal system or to fulfill international commitments.
2. Adjustment Procedures:
a) In cases as specified in Points a and b of Clause 1 of this Article, the requesting agency must submit a report to the Minister detailing the reasons for adjustment (sent through the Legal Department). For Laws, Ordinances, Decrees, in addition to the report to the Minister, the requesting agency must also draft a Memorandum from the Minister detailing the reasons, directions, solutions, and timeline for implementation to be submitted to the Prime Minister through the Ministry of Justice and the Government Office;
b) In cases as specified in Point c of Clause 1 of this Article, the requesting agency must follow the procedures for proposing legal documents as stipulated in Articles 3 and 4 of this Circular.
Chapter III
||| DRAFTING LEGAL INSTRUMENTS
Article 6. The leading drafting agency under the Ministry
1. An agency under the Ministry that proposes to draft Laws, Ordinances, Decrees, Circulars within the legislative program approved by the competent authority according to Chapter II of this Circular shall be the leading drafting agency.
2. In cases where a Decision of the Prime Minister (hereinafter referred to as the Decision) is drafted or a document is drafted based on a proposal from an organization or individual, the Minister shall decide to assign the agency under the Ministry responsible for the relevant specialized field to be the leading drafting agency.
Article 7. Procedure for Drafting Laws, Ordinances, Decrees, Decisions
1. For documents assigned to the Ministry of Culture, Sports and Tourism to lead in drafting, a Drafting Board and an Editorial Group must be established in accordance with Articles 20 and 25 of Decree No. 24/2009/NĐ-CP. The organization and operation of the Drafting Board shall be carried out in accordance with Articles 21, 22, 23, and 24 of Decree No. 24/2009/NĐ-CP.
2. The leading drafting agency serves as the focal point to assist the Minister in performing the following tasks:
a) Ensuring the conditions for the operation of the Drafting Board and the Editorial Group;
b) Coordinating and creating favorable conditions for the Drafting Board to summarize the implementation of laws; assess the impact before and during the drafting of Laws, Ordinances, Decrees; assess the administrative procedure impact on documents containing provisions on administrative procedures; survey and evaluate the current social relations related to the content of the draft; organize research on information, materials, international treaties to which Vietnam is a party related to the draft; prepare outlines, compile, organize comments and revise the draft before submitting it for review;
c) Leading and coordinating with relevant agencies to prepare drafts of detailed implementing regulations.
3. Organizing public consultation during the drafting process:
a) Organizing public consultation from organizations, individuals, and direct stakeholders affected by the document through various forms: Directly soliciting opinions; sending drafts for comments; organizing seminars; posting on the Government's website, the Ministry's website, or mass media;
b) The leading drafting agency must send the draft document to Ministries, agencies at the ministerial level, and government agencies; publish the draft content on the Government's website, the Ministry's website to solicit opinions on the draft content. Posting the draft on the Ministry's website shall be carried out in accordance with Point c Clause 3 Article 8 of this Circular.
In cases where the document contains provisions on administrative procedures, the leading drafting agency must seek the opinion of the Administrative Procedures Supervision Department under the Ministry of Justice in accordance with Clause 2 Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedures supervision (hereinafter referred to as Decree No. 48/2013/NĐ-CP).
c) The leading drafting agency is responsible for studying and adopting suggestions from organizations and individuals. If suggestions are not adopted, the leading drafting agency must provide a specific explanation in writing.
Article 8. Procedure for Drafting Circulars
1. Depending on the content of the Circular, the Minister may decide to establish an Editorial Group comprising representatives from the leading drafting agency; representatives from the Legal Affairs Department; representatives from relevant Ministries, sectors, agencies, units, and individuals. The head of the leading drafting agency shall serve as the Chairman of the Editorial Group and shall be responsible to the Minister for the content, quality, and progress of drafting the Circular.
2. The leading drafting agency is responsible for coordinating with the Legal Affairs Department and relevant agencies to organize summaries of the implementation of laws; surveys and evaluations of current social relations; research on information and materials related to the draft content; preparing outlines, compiling, and revising the draft; organizing public consultations; posting the entire draft content (second time) on the Ministry's website in accordance with Point c Clause 3 of this Article at least 60 days before the expected submission to the Minister for issuance to solicit contributions from organizations and individuals; preparing the report and related documents on the draft to submit to the Minister.
In cases where the Circular contains provisions on administrative procedures, in addition to implementing the provisions of this clause, the impact of administrative procedures must also be assessed in accordance with Article 10 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedures supervision (hereinafter referred to as Decree No. 63/2010/NĐ-CP); Clause 3 Article 1 of Decree No. 48/2013/NĐ-CP.
3. Organizing public consultation during the drafting process:
a) Depending on the nature and content of the document, the leading drafting agency organizes meetings to directly solicit opinions or sends drafts for opinions from organizations and individuals subject to regulation by the document and agencies, units performing advisory management functions related to the document. If the entities to be consulted are Ministries, agencies at the ministerial level, and government agencies, the head of the leading drafting agency seeks opinions from the Deputy Minister in charge of the relevant sector.
b) In cases where the Circular contains provisions on administrative procedures, the leading drafting agency implements the solicitation of opinions from the Legal Affairs Department on administrative procedures in accordance with Clause 2 Article 1 of Decree No. 48/2013/NĐ-CP.
c) The publication of draft content on the Ministry's website to widely solicit opinions from organizations and individuals is carried out as follows:
- The leading drafting agency sends a letter requesting the publication of the draft to the Ministry's Information Technology Center and attaches a second draft of the regulatory document in accordance with Clause 2 Article 57 of Decree No. 24/2009/NĐ-CP (the draft has the signature confirmation of the head and the seal of the leading drafting agency for agencies with their own seals);
- Sending an electronic copy of the second draft of the document via the email of the Ministry's Information Technology Center.
- During the period of publishing the draft, the Information Technology Center is responsible for receiving opinions from organizations and individuals and forwarding them to the leading drafting agency.
4. The leading agency responsible for drafting shall be responsible for studying and adopting comments from organizations and individuals. In cases where comments are not adopted, the leading agency must provide a detailed explanation in writing.
Chapter IV
REVIEWING DRAFT REGULATORY LEGAL DOCUMENTS
Article 9. Documents and procedures for requesting the Ministry of Justice to review
1. The project proposal, draft Law, Ordinance, Decree, Decision submitted to the Ministry of Justice for review includes:
a) The Government's report on the Law, Ordinance project and the draft Decree; the draft report to the Prime Minister regarding the issuance of the Decision;
b) The draft document after incorporating comments (third draft);
c) A detailed explanatory memorandum on the project and draft;
d) Report on the impact assessment of the draft document (for Law, Ordinance projects and draft Decrees);
đ) Report on the summary of the implementation of laws and evaluation of the current social relations related to the main content of the draft document (for Law, Ordinance projects);
e) Summary of opinions from organizations and individuals on the draft document; copies of opinions from Ministries, equivalent Ministries, and government agencies; reports explaining the adoption of comments on the draft document;
g) Administrative procedure impact assessment document; Report explaining the adoption of comments from the Department of Administrative Procedure Control under the Ministry of Justice (if the project or draft contains provisions on administrative procedures);
h) Other relevant documents (if any).
2. Procedures for submitting documents for the Ministry of Justice to review:
a) The documents stipulated in Clause 1 of this Article must be reviewed and officially commented on by the Legal Department before being submitted to the Minister for consideration and decision;
b) After receiving comments from the Legal Department, the leading agency completes the documents and submits them to the Minister to request the Ministry of Justice to review. In addition to the documents specified in Clause 1 of this Article, the documents submitted to the Minister for requesting the Ministry of Justice to review must also include the following documents:
- The work processing form of the leading agency submitted to the Minister according to the model issued by the Ministry of Culture, Sports and Tourism;
- Draft letter from the Ministry to the Ministry of Justice requesting a review of the draft legal normative document;
- Document from the Legal Department on the request for review; document explaining the adoption of comments from the Legal Department (if applicable).
c) The documents for requesting the Ministry of Justice to review must be prepared in ten sets. The leading agency is responsible for submitting the documents for review to the Ministry of Justice; studying, explaining, and adopting comments from the review; revising and completing the draft document; implementing or proposing that the leadership of the Ministry implement related requirements of competent authorities until the document is issued.
Article 10. Documents and procedures for requesting the Legal Department to review
1. The Legal Department is responsible for reviewing draft Circulars before they are signed and issued by the Minister. The leading agency sends two sets of documents for review to the Legal Department. The documents include:
a) Letter requesting the Legal Department to review the draft Circular;
b) A memorandum from the Minister regarding the draft circular;
c) Draft Circular after having been studied and incorporated comments (third draft);
d) Administrative procedure impact assessment document as prescribed in Article 10 of Decree No. 63/2010/NĐ-CP if the draft Circular contains provisions on administrative procedures;
đ) Report explaining the adoption of comments from organizations and individuals; Report explaining the adoption of comments from the Legal Department on administrative procedures for draft Circulars containing provisions on administrative procedures; copies of comment documents from organizations and individuals;
e) Other related documents (if applicable).
2. If the review documents do not meet the requirements stipulated in Clause 1 of this Article, within three working days from the date of receipt of the documents, the Legal Department will request the leading agency to supplement the documents.
3. If the draft Circular requested for review contains complex content, there are many different opinions on important issues, involving multiple agencies or units, or if the draft Circular is prepared by the Legal Department as the leading agency, the Legal Department will propose to the Minister to establish a Review Board consisting of legal experts and experts in related fields to conduct the review. The results of the Review Board's review are recorded in the Review Minutes (according to the model prescribed in Appendix No. 01 issued together with this Circular).
Article 11. Content and Time Limit for Review by the Legal Affairs Department
1. The content of reviewing draft Circulars includes:
a) The necessity for issuance, the subjects and scope regulated by the document;
b) The conformity of the content of the draft document with the Party's guidelines, policies, and strategies;
c) The constitutionality, legality, and consistency of the draft document with the legal system and compatibility with international treaties to which Vietnam is a party;
d) The feasibility of the document when issued; compliance with the procedures and formalities for drafting the document; technical aspects of drafting the document;
đ) Proposals for handling issues that have differing opinions;
e) If the draft Circular contains provisions on administrative procedures, in addition to the review contents specified in Points a, b, c, d, and đ of this Clause, the Legal Affairs Department must also review the provisions on administrative procedures according to Articles 1 and 2, Clause 11 of Decree No. 63/2010/NĐ-CP, amended and supplemented by Clause 4 of Article 1 of Decree No. 48/2013/NĐ-CP.
2. The results of the review must be presented in writing (in accordance with the form prescribed in Appendix No. 02 attached hereto).
3. The maximum time limit for review is 10 working days from the date the Legal Affairs Department receives complete files as stipulated in Clause 1 of Article 10 of this Circular. In cases where a Review Board needs to be established or the documents contain complex content related to the specialized work of multiple agencies and units, the time limit may be extended but not exceeding 15 working days. In cases where it is not possible to conduct the review, a report must be submitted to the Minister within 5 working days.
Chapter V
ISSUANCE OF REGULATORY LEGAL DOCUMENTS
Article 12. Submitting to the Minister for Issuance of the Circular
The leading agency responsible for drafting has the responsibility to submit to the Minister for signing and issuing the Circular.
2. The dossier for submitting the draft Circular to the Minister for signing and issuing includes:
a) The work processing form of the leading agency responsible for drafting, submitted to the Minister according to the model issued by the Ministry of Culture, Sports and Tourism;
b) A memorandum from the Minister regarding the draft circular;
c) The draft Circular revised after receiving the Legal Affairs Department's review comments (fourth draft);
d) A summary of opinions from organizations and individuals; Report on adopting and explaining opinions from organizations and individuals; copies of opinion documents from organizations and individuals;
đ) Examination document of the Department of Legal Affairs;
e) Report on adopting and explaining review comments;
g) Other relevant documents (if any).
Article 13. Sending the Circular for Publication in the Official Gazette, Electronic Information Portal, and for Inspection
1. Circulars issued by the Minister of the Ministry of Culture, Sports and Tourism or jointly issued must be published in the Official Gazette and posted on the Ministry’s electronic information portal. If not published in the Official Gazette, the Circular will not take effect (except for documents containing state secrets).
Within two working days from the date of signing the Circular, the Office must send two original copies along with an accurate electronic version to the Official Gazette Office of the Government and the Ministry’s electronic information portal.
2. In cases where the Circular specifies emergency measures, it may take effect from the date of signing but must be immediately posted on the Ministry’s electronic information portal and announced through mass media, and still must be published in the Official Gazette no later than two working days from the date of signing as stipulated in Clause 1 of this Article.
3. Within three working days from the date of signing the Circular, the leading agency responsible for drafting must send one copy to the Legal Affairs Department for inspection in accordance with the law on inspecting regulatory documents.
After the regulatory document is issued and published in the Official Gazette, the head of the leading agency responsible for drafting must organize self-inspection of the document. If errors are found, corrections must be made as follows:
If the error is the responsibility of the Ministry of Culture, Sports and Tourism, the leading agency responsible for drafting the document must prepare a correction document to be signed by the Minister or Deputy Minister who signed the original document;
If the error is the responsibility of the Official Gazette Office, the head of the leading agency responsible for drafting the document must report to the Minister and send a request for the Official Gazette Office to make corrections.
Corrections to regulatory documents that have been issued and published in the Official Gazette must be based on the original document and must not change the content of the original document. If changes to the content of the original document are deemed necessary, the leading agency must follow the procedure for amending the document.
Corrections can only be made for typographical errors or mistakes in the format and presentation of the document, and not applied to errors in the basis for issuance, authority, or content of the regulatory document.
3. In cases where regulatory documents that have been issued and published in the Official Gazette are found to have errors in the authority for issuance or content, the head of the leading agency responsible for drafting or the Director of the Legal Affairs Department must immediately report to the Minister to suspend the implementation of the document and handle it in accordance with the law.
Article 15. Compliance with regulations on protecting state secrets
The drafting, soliciting opinions, reviewing, and promulgating normative legal documents containing state secrets must comply with the provisions of laws on protecting state secrets.
Chapter VI
IMPLEMENTATION
Article 16. Ensuring the work of building normative legal documents
1. Funds for building normative legal documents are allocated from the State budget and other sources of support funds in accordance with the provisions of the law.
The Planning and Finance Department; the Office shall be responsible for allocating annual funds for building normative legal documents, guiding agencies under the Ministry to prepare budgets and settle accounts for funds for building normative legal documents, ensuring timely funding to meet the needs of building and promulgating normative legal documents.
2. Agencies under the Ministry within their functions, tasks, and authorities shall be responsible for allocating staff and funds; supporting working tools, information, and other necessary conditions for preparing, drafting, soliciting opinions, and reviewing draft normative legal documents, closely coordinating with the Legal Affairs Department to ensure procedures and quality of documents.
3. The International Cooperation Department shall be responsible for coordinating with the Legal Affairs Department in international cooperation activities to exploit resources and investment projects for the work of building normative legal documents.
4. The agency primarily responsible for drafting normative legal documents shall propose research topics in the annual science and technology plan of the Ministry for normative legal documents with broad scope, complex subjects regulated, and significant impact on the economy and society.
Article 17. Effective Date
1. This Circular takes effect from January 1, 2014.
2. This Circular replaces Circular No. 13/2011/TT-BVHTTDL dated November 7, 2011 of the Minister of Culture, Sports and Tourism on the procedures and formalities for building and promulgating normative legal documents of the Ministry of Culture, Sports and Tourism.
Article 18. Responsibilities for implementation
Agencies, units, and individuals under the Ministry of Culture, Sports and Tourism are responsible for implementing this Circular.
The Legal Affairs Department shall be responsible for monitoring, inspecting, and evaluating the implementation of this Circular.
During the implementation process, if there are difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) for study, amendment, and supplementation./.
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