Decree No. 100/2010/ND-CP stipulates the functions, forms, procedures for publishing documents in the Official Gazette, and state management over the Official Gazette. It applies to state agencies with authority, including both central and local levels.
适用范围
Central state agencies and provincial-level state agencies, the Government Office, the People's Committee Office of provinces and centrally-administered cities.
要点
- State agencies at the central and local levels → submit documents for publication in the Official Gazette within a specified period (2-30 days), accompanied by the original or certified copy.
- The Government Office, the People's Committee Office at the provincial level → receive, publish, and announce documents in the printed and electronic versions of the Official Gazette within 15-30 days.
- The Official Gazette of the Socialist Republic of Vietnam and the provincial Official Gazette → are published in print and electronic form, having the same legal force as the original.
- The Government Office → is responsible for managing, publishing, and distributing the printed and electronic versions of the Official Gazette; guiding the pricing standards for the Official Gazette.
- The People's Committee at the provincial level → decides on the budget for the publication of the provincial Official Gazette, sets the price for the Official Gazette, and distributes it free of charge.
🌐 本文件的社会影响
- Positive: Providing official and complete legal information to state agencies, organizations, and individuals.
- Negative: Costly in terms of printing and distribution expenses for the Official Gazette; may cause difficulties in accessing the Official Gazette for some remote areas.
❓ 常见问题
When must state agencies submit documents for publication in the Official Gazette?
Within two working days from the date of promulgation or issuance (except in special cases).
What is the legal value of documents published in the Official Gazette?
Documents published in the Official Gazette are official and have the same legal force as the original.
What does the printed and electronic Official Gazette include?
The printed Official Gazette includes the Official Gazette of the Socialist Republic of Vietnam and the provincial Official Gazette; the electronic Official Gazette is published on the Government Portal and the Portal/Website of the People's Committees of provinces.
Which agency is responsible for state management of the Official Gazette?
The Government exercises unified state management over the Official Gazette, with the Government Office assisting in its implementation.
Where does the funding for the publication of the Official Gazette come from?
The cost of printing and distributing the Official Gazette is covered by the state budget; the cost of building and managing the electronic Official Gazette is also covered by the state budget.
全文
DECREE
Regarding the Official Gazette
______
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Legislative Acts of 03 June 2008;
Pursuant to the Law on Enactment of Regulatory Legal Documents of People's Councils and People's Committees dated December 3, 2004;
Considering the proposal of the Minister, Head of the Government Office,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Application and Subject Matter
1. This Decree stipulates the functions of the Official Gazette, principles for submission, receipt, and publication of legal documents in the Official Gazette; responsibilities of state agencies in submitting, receiving, and publishing legal documents in the Official Gazette.
2. This Decree does not apply to activities related to the Official Gazette for industrial property and copyright according to the provisions of the Intellectual Property Law and detailed regulations and guidance documents for implementation thereof.
Article 2. Functions of the Official Gazette
1. The Official Gazette is the official legal information publication of the State, uniformly managed by the Government, with the function of publishing legal regulatory documents issued or jointly issued by competent state agencies, international treaties that have taken effect for the Socialist Republic of Vietnam, and other legal documents as prescribed.
2. The Official Gazette includes the Official Gazette of the Socialist Republic of Vietnam published by the Government Office and the provincial Official Gazette published by the People's Committee Offices of provinces and centrally-administered cities.
Article 3. Form of the Official Gazette
1. The Official Gazette is published in printed and electronic forms.
2. The Government Office guides the form, format, and presentation techniques of the Official Gazette publication.
Article 4. Principles for Publishing Legal Documents in the Official Gazette
1. The Official Gazette publishes full, complete, timely, and accurate texts of legal documents submitted for publication in the Official Gazette.
2. The Official Gazette does not publish legal documents classified as state secrets according to the law or international treaties where the parties agree not to publish them in the Official Gazette.
3. Legal regulatory documents issued or jointly issued by central state agencies must be published in the Official Gazette in accordance with the Law on Enactment of Regulatory Legal Documents; legal regulatory documents issued by provincial People's Councils and People's Committees shall be published in the Official Gazette in accordance with the Law on Enactment of Regulatory Legal Documents of People's Councils and People's Committees.
Article 5. Legal Documents Published in the Official Gazette of the Socialist Republic of Vietnam
1. Legal regulatory documents issued or jointly issued by central state agencies.
2. International treaties that have taken effect for the Socialist Republic of Vietnam.
3. Documents from central agencies or persons authorized to handle illegal regulatory legal documents.
4. Corrective documents for legal regulatory documents issued or jointly issued by central state agencies.
5. Lists of legal documents and provisions that have ceased to be effective, established and submitted for publication in the Official Gazette by central state agencies.
6. Other legal documents issued or jointly issued by central state agencies.
Publication of legal documents specified in this clause shall be decided by the issuing agency.
Article 6. Legal Documents Published in the Provincial Official Gazette
1. Legal regulatory documents issued by provincial People's Councils and People's Committees.
2. Documents from provincial agencies or persons authorized to handle illegal regulatory legal documents.
3. Corrective documents for legal regulatory documents issued by provincial People's Councils and People's Committees.
4. Lists of legal documents and provisions that have ceased to be effective, established and submitted for publication in the Official Gazette by provincial state agencies.
5. Other legal documents issued by provincial People's Councils, provincial People's Committees, and Chairmen of provincial People's Committees; legal regulatory documents issued by district-level People's Councils and People's Committees.
Publication of legal documents specified in this clause shall be decided by the issuing agency.
Article 7. Legal Value of Documents Published in the Official Gazette
Legal documents published in the Official Gazette are official documents and have the same value as the original. In cases where there are discrepancies between the printed Official Gazette and the electronic Official Gazette, the printed Official Gazette shall be the primary reference.
Article 8. Table of Contents of the Official Gazette
The table of contents of the Official Gazette is a publication issued at the end of each year, compiling the names of documents published in the Official Gazette according to the issuing authority and arranged chronologically, serving for the purpose of searching for documents published in the Official Gazette.
Article 9. Official Gazette Authority
1. The Government Office is responsible for publishing the printed Official Gazette of the Socialist Republic of Vietnam and uploading the electronic Official Gazette of the Socialist Republic of Vietnam on the Government Portal.
2. The People's Committee Office at the provincial level is responsible for publishing the printed provincial Official Gazette and uploading the provincial electronic Official Gazette on the Provincial Portal/Website of the People's Committee at the provincial level.
Chapter II
SUBMISSION, RECEIPT OF DOCUMENTS, PUBLICATION IN THE OFFICIAL GAZETTE
Article 10. Time Limit for Submission of Documents for Publication in the Official Gazette
1. Time limit for submission of documents for publication in the Official Gazette of the Socialist Republic of Vietnam
a) Within two working days from the date of promulgation or issuance, the issuing authority shall submit the documents specified in Clause 1, Clause 3, Clause 4, Clause 5, and Clause 6 of Article 5 of this Decree to the Government Office for publication in the Official Gazette.
b) Within fifteen days from the date of receipt of a bilateral international treaty that has taken effect; within thirty days from the date of receipt of notification from the depositary agency regarding the effectiveness of a multilateral international treaty, the Ministry of Foreign Affairs shall make copies and submit them to the Government Office for publication in the Official Gazette.
2. Time limit for submission of documents for publication in the provincial Official Gazette
Within two working days from the date of adoption or issuance, the issuing authority shall submit the documents specified in Article 6 of this Decree to the People's Committee Office at the provincial level for publication in the Official Gazette.
Article 11. Documents Submitted for Publication in the Official Gazette
1. Legal documents submitted for publication in the Official Gazette must be the original; copies of bilateral international treaties submitted for publication in the Official Gazette must be certified true copies.
2. Documents submitted for publication in the Official Gazette must include one paper copy marked "Document submitted for publication in the Official Gazette" and an electronic record.
The electronic record must comply with the standards prescribed by law. The issuing authority of the document is responsible for the accuracy of both the paper copy and the electronic record.
Article 12. Receipt of Documents, Publication in the Official Gazette
1. The Government Office and the People's Committee Office at the provincial level are responsible for receiving documents and publishing them in the Official Gazette; they must enter, manage, and retain all documents submitted for publication in the Official Gazette for comparison with the documents published in the Official Gazette when necessary.
2. During the process of receiving documents, if errors are found, the Government Office and the People's Committee Office at the provincial level shall notify the issuing authority of the document to address the issue.
3. The Government Office shall provide detailed guidance on the matters stipulated in this Article.
Article 13. Time Limit for Publishing Documents in the Official Gazette
1. Within fifteen days from the date of receipt of the document, the Government Office shall publish it in the Official Gazette of the Socialist Republic of Vietnam.
2. Within thirty days from the date of receipt of the document, the People's Committee Office at the provincial level shall publish it in the provincial Official Gazette.
3. The publication of documents in the electronic Official Gazette shall be carried out simultaneously with their publication in the printed Official Gazette and from the same database.
Article 14. Sending, receiving, and publishing in the Official Gazette legal regulations stipulating emergency measures, and documents issued to promptly address requirements for disaster prevention and disease control.
1. Legal regulations stipulating emergency measures, and documents issued to promptly address requirements for disaster prevention and disease control as prescribed in Article 78 of the Law on Enacting Legal Regulations, which become effective from the date of publication or issuance, must be sent to the Government Office on the same day of publication or issuance for publication in the Official Gazette.
The issuing agency must submit a written request specifying the reasons.
2. Upon receipt of such documents, the Government Office shall be responsible for receiving, registering, organizing, and publishing them in the nearest issue of the Official Gazette, ensuring that they are published within two working days from the date of their publication or issuance.
Article 15. Correcting documents published in the Official Gazette
1. Documents published in the Official Gazette, if found to have errors in format or presentation techniques, must be corrected. The responsibility for correction is specified as follows:
a) The issuing agency shall issue a correction document for errors arising from mistakes made during the drafting and issuance of the document.
b) The Government Office shall issue a correction document for errors arising from mistakes made during the publication of the Official Gazette of the Socialist Republic of Vietnam; the People's Committee Office at provincial level shall issue a correction document for errors arising from mistakes made during the publication of the provincial Official Gazette based on comparison with the submitted version for publication.
2. The correction document must be published in the nearest issue of the Official Gazette.
Chapter III
PUBLISHING THE OFFICIAL GAZETTE
Article 16. Publishing and distributing printed Official Gazettes
1. Printed Official Gazettes shall be widely distributed to agencies, organizations, and individuals with demand.
2. The Official Gazette of the Socialist Republic of Vietnam shall be provided free of charge to communes, wards, and towns with one copy per issue per commune, ward, or town.
3. The People's Committee at provincial level shall decide on the provision of provincial Official Gazettes free of charge in the locality.
Article 17. Building and managing the Electronic Official Gazette
1. The Government Office shall build, manage, and maintain the operation of the Electronic Official Gazette of the Socialist Republic of Vietnam on the Government Portal.
2. The People's Committee Office at provincial level shall build, manage, and maintain the operation of the provincial Electronic Official Gazette on the provincial Portal/Website of the People's Committee at provincial level.
3. The Government Office shall hold the copyright to the Electronic Official Gazette of the Socialist Republic of Vietnam; the People's Committee Office at provincial level shall hold the copyright to the provincial Electronic Official Gazette.
4. The Electronic Official Gazette can be accessed free of charge.
Article 18. Budget for publishing the Official Gazette
1. The budget for printing and distributing printed Official Gazettes and the free-of-charge Official Gazette Indexes; the budget for building and managing the Electronic Official Gazette shall be guaranteed by the state budget and included in the annual budget of the agency responsible for publishing the Official Gazette.
The allocation, use, and management of the budget shall be carried out in accordance with the general provisions of the State Budget Law and related documents.
2. The budget for printing and distributing printed Official Gazettes and the Official Gazette Indexes to meet the needs of agencies, organizations, and individuals not entitled to free distribution shall be balanced according to the principle of revenue covering expenses.
Chapter IV
STATE MANAGEMENT OF THE OFFICIAL GAZETTE
Article 19. State Management of the Official Gazette
1. The contents of state management of the Official Gazette include:
a) Issuing legal normative documents on the Official Gazette;
b) Directing, guiding, and inspecting the implementation of regulations on the Official Gazette;
c) Summarizing and concluding the situation regarding the implementation of regulations on the Official Gazette.
2. The Government shall uniformly manage state affairs concerning the Official Gazette.
Article 20. Responsibilities of the Government Office
The Office of the Government assists the Government in managing state affairs concerning the Official Gazette and has the responsibility to:
1. Take the lead and coordinate with relevant agencies in drafting and submitting legal normative documents on the Official Gazette to the Government and the Prime Minister for issuance; issue or coordinate in issuing detailed legal normative documents and guidance on implementing those documents within their authority;
2. Manage, publish, and distribute the Official Gazette of the Socialist Republic of Vietnam;
3. Take the lead and coordinate with the Ministry of Finance in guiding pricing standards for the Official Gazette; decide on the price of the Official Gazette of the Socialist Republic of Vietnam;
4. Guide the format, style, and presentation techniques of Official Gazette publications;
5. Guide and inspect the procedures for publishing legal documents in the Official Gazette for provincial People's Committee Offices;
6. Summarize and conclude the situation regarding the organization and implementation of legal regulations concerning the Official Gazette.
Article 21. Responsibilities of the Provincial People's Committee
Provincial People's Committees are responsible for ensuring that the publication of legal documents in the provincial Official Gazette meets the requirements for legal information and serves local state management activities; decide on the budget for publishing the provincial Official Gazette based on the approved budget estimate by the Provincial People's Council; set the price for the provincial Official Gazette based on the pricing standards guided by the Office of the Government and the Ministry of Finance; decide on the free distribution of the provincial Official Gazette; inspect the publication and distribution activities of the Official Gazette in the locality; organize and direct the management, use, and exploitation of the locally distributed free Official Gazette.
Chapter V
IMPLEMENTING PROVISIONS
Article 22. Effectiveness
This Decree takes effect from November 15, 2010, replacing Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam.
Article 23. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.
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