Circular No. 13/2011/TT-BVHTTDL stipulates the procedures and formalities for drafting and promulgating regulatory legal documents of the Ministry of Culture, Sports and Tourism.

This Circular stipulates the procedures and formalities for drafting and promulgating regulatory legal documents in the fields of culture, family, physical education, sports, and tourism of the Ministry of Culture, Sports and Tourism. It applies to agencies under the Ministry and related organizations and individuals. Notably, requests to draft regulatory legal documents must comply with specific deadlines and require broad consultation.

문서 번호13/2011/TT-BVHTTDL
문서 유형Circular
발행 기관Ministry of Culture, Sports and Tourism
서명자Hoàng Tuấn Anh — Bộ trưởng
업데이트26. 06. 2026
산업Culture, Sports and Tourism
분야Uncategorized
발행일07. 11. 2011
발효일01. 01. 2012
효력 만료일01. 01. 2014
상태Expired
✦ 스마트 요약

This Circular stipulates the procedures and formalities for drafting and promulgating regulatory legal documents in the fields of culture, family, physical education, sports, and tourism of the Ministry of Culture, Sports and Tourism. It applies to agencies under the Ministry and related organizations and individuals. Notably, requests to draft regulatory legal documents must comply with specific deadlines and require broad consultation.

적용 범위

Departments, Bureaus, Divisions, Inspectors, Office (collectively referred to as agencies); units under the Ministry of Culture, Sports and Tourism; organizations and individuals related to the procedures and formalities for drafting and promulgating regulatory legal documents.

핵심 사항

  • Agencies under the Ministry must propose to draft regulatory legal documents annually according to specific deadlines (Article 3).
  • The Legal Department is responsible for compiling, drafting, and submitting to the Minister for consideration and decision (Article 4).
  • The main drafting agency must organize broad consultations during the drafting process of the document (Articles 7, 8).
  • The Legal Department reviews the draft Circular before submitting it to the Minister for signature and promulgation (Articles 10, 11).
  • This Circular takes effect from January 1, 2012, and replaces the old Regulation (Article 17).

🌐 이 문서의 사회적 영향

  • Positive impact: Enhances transparency and openness in the process of drafting regulatory legal documents, helping citizens and businesses understand the regulations better.
  • Negative impact: Increased time and resources required for implementing the procedures may cause difficulties for some agencies and organizations.

❓ 자주 묻는 질문

What must agencies under the Ministry do when proposing to draft regulatory legal documents?

Annually, agencies under the Ministry must submit proposals regarding the drafting of Laws, Ordinances, Decrees, and Circulars according to specific deadlines (Article 3).

What is the maximum time for the Legal Department to review the draft Circular?

The maximum review period is 10 working days, which can be extended by an additional 5 days in complex cases (Article 11).

Which agency is responsible for drafting regulatory legal documents?

The agency assigned the main responsibility for drafting is the main drafting agency (Article 6).

How does the Legal Department review draft documents?

The Legal Department reviews the content, necessity of issuance, constitutionality, and feasibility of the document. The results of the review must be documented in writing (Articles 10, 11).

When does this Circular take effect?

This Circular takes effect from January 1, 2012, and replaces the old Regulation (Article 17).

전문

CIRCULAR

Regulations on the procedures and processes for drafting and promulgating legal normative documents 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;

Based on Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Article 1. Other types of artistic performances

The Ministry of Culture, Sports and Tourism stipulates the procedures and processes for drafting and promulgating legal normative documents concerning culture, family, physical education, sports, and tourism as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth the procedures and processes of the Ministry of Culture, Sports and Tourism in drafting and promulgating legal normative documents that it primarily drafts or promulgates within its jurisdiction in the fields of culture, family, physical education, sports, and tourism.

Article 2. Applicability

This Circular applies to all Departments, Inspectorates, Bureaus, and Offices (collectively referred to as agencies) under the Ministry of Culture, Sports and Tourism, and organizations and individuals related to the procedures and processes for drafting and promulgating legal normative documents concerning culture, family, physical education, and sports.

Chapter II

PROGRAM FOR THE DEVELOPMENT OF LEGAL REGULATORY DOCUMENTS

Article 3. Proposals from agencies and units under the Ministry regarding the drafting of legal normative documents

1. Each year, agencies and units under the Ministry (hereinafter collectively referred to as agencies), based on their functions and tasks and the proposals for drafting legal normative documents from organizations and individuals related to the scope of their state management advisory responsibilities, shall submit written proposals for 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 other Ministers, Heads of Ministries equivalent to Ministries, Chief Justice of the Supreme People's Court, and Procurator General of the Supreme People's Procuracy (hereinafter collectively referred to as Circulars).

The proposal document shall be sent to the Legal Department for consolidation and reporting to the Minister according to the following deadlines:

a) 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;

b) 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;

c) 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;

d) 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 Legal Department shall include the following basic contents:

a) The proposal document for drafting Laws, Ordinances must clearly state the necessity of promulgating the document, the subjects and scope regulated by the document, the main viewpoints and policies, the main content of the document; the anticipated resources and conditions to ensure the drafting of 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 subjects and scope regulated by the document; the main 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 regulated, applicable subjects, main content of the document; the name of the primary drafting agency, the coordinating agencies, and the anticipated time for submitting the document.

3. For proposals for drafting Laws, Ordinances, and Decrees, in addition to sending the proposal documents as specified in points a and b of Clause 2 of this Article, agencies under the Ministry must also perform the following tasks:

a) Organize solicitation of opinions from relevant agencies on proposals for drafting Laws, Ordinances, and Decrees; publish explanatory notes on proposals for drafting Laws, Ordinances, and Decrees and preliminary impact assessment reports on the Ministry's electronic information 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 dated March 5, 2009 of the Government detailing and implementing the Law on Issuing Legal Normative Documents (hereinafter referred to as Decree No. 24/2009/NĐ-CP);

b) Take the lead and coordinate with relevant agencies to study and prepare proposal files for drafting Laws, Ordinances, and Decrees according to points a and b of Clause 1; points a, b, c, and d of Clause 2; points a, b, c, and d of Clause 3 of Article 4 and Clause 1 of Article 15 of Decree No. 24/2009/NĐ-CP; complete the files based on comments received, and send the proposal files to the Legal Department for consolidation.

In cases where proposals for drafting Laws, Ordinances, and Decrees (except Decrees specifying details according to point a of Clause 2 of Article 14 of Decree No. 24/2009/NĐ-CP) contain provisions related to financial and human resources, the proposing agency must propose to the Ministry's leadership to send the proposal files for drafting Laws, Ordinances, and Decrees to the Ministry of Finance to seek opinions on the rationality of the proposed financial resources and the Ministry of Home Affairs to seek opinions on the rationality of the proposed human resources.

4. For proposals for drafting Decrees that address necessary issues but lack the conditions to be drafted as Laws or Ordinances to meet state management requirements, economic management, and social management, the proposing agency must submit to the Minister for coordination with the Office of the Government and the Ministry of Justice to prepare files and seek opinions from the Standing Committee of the National Assembly on issuing Decrees according to Clause 4 of Article 14 of the Law on Issuing 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) Consolidate proposals for drafting Laws, Ordinances, and Decrees from agencies under the Ministry as stipulated in Article 3 of this Circular and proposals for drafting Laws, Ordinances, and Decrees from agencies, organizations, and individuals as provided for in Clause 3 of Article 1 and Clause 3 of Article 13 of Decree No. 24/2009/NĐ-CP.

b) Draft the proposal for drafting Laws, Ordinances, and Decrees, submit it to the Minister for consideration and decision.

During the process of drafting proposals for the Law, Ordinance, Decree, the Legal Department shall take the lead in organizing meetings or sending documents to seek opinions from relevant agencies to refine and perfect the draft proposals for the Law, Ordinance, Decree and related files. In necessary cases, the Minister shall organize meetings with agencies under the Ministry, agencies at the level of 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 the proposals for the Law, Ordinance, and Decree.

c) Send the file to the Ministry of Justice and the Government Office within the time limit prescribed in Clauses 1, 2, and 3 of Article 4; Clause 7 of Article 14 of Decree No. 24/2009/NĐ-CP after the Minister decides to propose the Law, Ordinance, and Decree for submission to the National Assembly, the Standing Committee of the National Assembly, and the Government.

2. Drafting the Program for Establishing Circulars of the Ministry

The Legal Department shall be responsible for:

a) Compile the proposals for Circulars from agencies under the Ministry and suggestions for Circulars from agencies, organizations, and individuals;

b) Drafting the Program for Establishing Circulars.

During the process of drafting the Program for Circular Construction, the Legal Department shall take the lead in organizing meetings or sending documents to seek opinions from relevant agencies to refine and perfect the draft Program for Circular Construction to be submitted to the Minister for consideration and decision.

3. The Office shall be responsible for notifying or sending copies within five working days from the date the Program for Law, Ordinance, Decree, and Circular construction is approved by the competent authority to the main drafting agencies to implement.

4. The Legal Department, based on the Program for Law, Ordinance, Decree, and Circular construction approved by the competent authority, shall coordinate with the Office to monitor and urge the progress of the construction of legal documents.

5. Agencies proposing the construction of legal documents shall be responsible for ensuring compliance with the schedule and quality of drafting legal documents according to the Program for Law, Ordinance, Decree, and Circular construction 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) Remove from the Program those documents that are not necessary to issue or are no longer necessary to issue due to changes in economic and social conditions;

b) Postponing submission deadlines due to delays in drafting or insufficient quality of the document;

c) Supplement into the Program those documents required urgently for management purposes or must be amended to align with newly issued documents to ensure the consistency of the legal system or to fulfill international commitments.

2. Adjustment Procedures:

a) In the case provided for in Points a and b of Clause 1 of this Article, the agency proposing adjustments must submit a report in writing to the Minister (through the Legal Department). For Laws, Ordinances, and Decrees, in addition to the report to the Minister, the proposing agency must also draft the Minister's Report, clearly stating the reasons, directions, solutions, and time frame for implementation to be submitted to the Prime Minister through the Ministry of Justice and the Government Office;

b) In the case provided for in Point c of Clause 1 of this Article, the agency proposing adjustments must follow the procedure for proposing legal documents as stipulated in Articles 3 and 4 of this Circular.

Chapter III

||| DRAFTING LEGAL INSTRUMENTS

Article 6. Main Drafting Agency

1. An agency under the Ministry that proposes the construction of Laws, Ordinances, Decrees, or Circulars in the Program for Legislative Construction approved by the competent authority as stipulated in Chapter II of this Circular is the main drafting agency.

2. In the case of drafting Decisions of the Prime Minister (hereinafter referred to as Decision) or drafting documents based on suggestions from organizations or individuals, the Minister shall decide to assign the agency under the Ministry responsible for the relevant specialized field to be the main drafting agency.

Article 7. Procedure for Drafting Laws, Ordinances, Decrees, Decisions

1. For documents assigned to the Ministry of Culture, Sports and Tourism as the main drafting agency, a Drafting Board and 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) Coordinate and create conditions for the Drafting Board to summarize the implementation of laws; assess the impact when drafting Laws, Ordinances, and Decrees; survey and evaluate the current status of social relations related to the draft content; organize research on information, materials, and international treaties to which Vietnam is a member that are related to the draft; prepare outlines, compile, organize comments, and refine the draft before submitting it for review.

When drafting documents containing provisions on administrative procedures, in addition to complying with the above regulations, the main drafting agency must also assess the impact on administrative procedures in accordance with Article 10 of Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control (hereinafter referred to as Decree No. 63/2010/NĐ-CP).

c) Leading and coordinating with relevant agencies to prepare drafts of detailed implementing regulations.

3. Organizing public consultation during the drafting process:

a) Organize the collection of opinions from agencies, organizations, individuals, and direct subjects affected by the document, through forms such as direct solicitation of opinions; sending drafts for comments; organizing seminars; publishing on the Government’s website, the Ministry’s website, or mass media;

b) The main drafting agency must send the draft document to Ministries, agencies at the level of ministries, and agencies under the Government to collect opinions, including the opinions of the Ministry of Finance and the Ministry of Home Affairs if there are provisions related to financial resources and human resources. In the case of documents containing provisions on administrative procedures, before submitting for review, the main drafting agency must collect opinions from the Administrative Procedure Control Department under the Government Office in accordance with Point a of Clause 1 of Article 9 of Decree No. 63/2010/NĐ-CP. The file sent for opinion collection shall be implemented in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.

Documents seeking opinions must specify the latest deadline for reply as twenty working days from the date of receipt of the complete document and supporting files;

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 main drafting agency must send a written request for information dissemination to the Ministry's Information Technology Center;

- Attach with the request for information dissemination one electronic version of the second draft of the regulatory document in accordance with Clause 2 of Article 57 of Decree No. 24/2009/NĐ-CP (the draft must have the signature confirmation of the Head and the seal of the main drafting agency for agencies with their own seals);

- Send one soft copy of the second draft of the regulatory document via the email of the Ministry's Information Technology Center.

- The Information Technology Center is responsible for publishing the entire draft content within 01 day from the date of receiving all requests as stipulated herein.

d) The leading agency is responsible for studying and adopting comments from agencies, organizations, and individuals. In cases where comments are not adopted, the leading agency must provide a detailed 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 Team comprising representatives from the leading agency, the Department of Legal Affairs, the Office's Administrative Procedure Control Division (if the draft document contains provisions on administrative procedures), other departments or units of the Ministry or related sectors (if it is a joint Circular). The head of the leading agency shall serve as the Editor-in-Chief of the Editorial Team and shall be responsible to the Minister for the content, quality, and progress of drafting the Circular.

2. The leading agency is responsible for organizing the summary of the implementation of laws; surveying and evaluating the current social relations; researching relevant information and materials concerning the draft content; preparing outlines, compiling, and revising the draft; organizing the collection of opinions; publishing the entire draft content (the second time) on the Ministry’s electronic information website according to the provisions of point c, Clause 3, Article 7 of this Circular at least 60 days before the expected submission to the Minister for issuance; preparing the report and related documents for submission.

In cases where the Circular contains provisions on administrative procedures, in addition to implementing the above regulations, an impact assessment of the administrative procedures must also be conducted in accordance with Article 10 of Decree No. 63/2010/NĐ-CP.

3. Organizing public consultation during the drafting process:

a) Depending on the nature and content of the document, the leading agency organizes meetings to collect direct opinions or sends drafts to collect opinions from organizations and individuals subject to regulation by the document and related agencies and units performing advisory management functions. If the entities to be consulted are Ministries, agencies equivalent to Ministries, or government bodies, the head of the leading agency seeks opinions from the Deputy Minister in charge of the decision-making block.

b) In cases where the Circular contains provisions on administrative procedures, prior to sending to the Department of Legal Affairs for review, the leading agency collects opinions as follows:

- For joint Circulars, opinions are sought from the Central Agency for Administrative Procedure Control under the Government Office according to the provisions of point a, Clause 1, Article 9 of Decree No. 63/2010/NĐ-CP. The file for seeking opinions is implemented according to the provisions of Clause 2, Article 9 of Decree No. 63/2010/NĐ-CP;

- For Circulars, opinions are sought from the Administrative Procedure Control Division under the Office according to the provisions of point b, Clause 1, Article 9 of Decree No. 63/2010/NĐ-CP. The file for seeking opinions is implemented according to the provisions of Clause 2, Article 9 of Decree No. 63/2010/NĐ-CP;

c) Documents collecting opinions from agencies, units, and the Administrative Procedure Control Division under the Office must specify a maximum response deadline of 10 working days from the date of receipt of complete documents and request files. In cases where opinions are sought from the Central Agency for Administrative Procedure Control under the Government Office as stipulated in point b of this clause, the document collecting opinions must specify a maximum response deadline of 20 working days from the date of receipt of complete documents and request files.

4. The leading agency is responsible for studying and adopting comments from agencies, 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) Report to the Government on the project, draft Law, Ordinance, Decree; draft report to the Prime Minister regarding the issuance of Decision;

b) A detailed explanatory report on the project, draft;

c) Draft document after incorporating comments;

d) Summary of opinions from agencies, organizations, and individuals on the draft document; copies of opinions from Ministries, agencies equivalent to Ministries, and government bodies; report explaining the adoption of comments on the draft document;

đ) Impact assessment on administrative procedures; report explaining the adoption of comments from the Central Agency for Administrative Procedure Control under the Government Office (if the project or draft contains provisions on administrative procedures);

e) A report on the impact assessment of the draft document (for projects, drafts of Law, Ordinance, Decree);

g) A report summarizing the implementation of laws, evaluating the current social relations related to the main content of the draft document (for projects, drafts of Law, Ordinance);

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 obtaining comments from the Legal Affairs Department, the leading agency completes the file and submits it to the Minister for referral to the Ministry of Justice for review. In addition to the documents specified in Clause 1 of this Article, the file submitted to the Minister for referral to the Ministry of Justice for review must also include the following documents:

- Report to the Minister by the leading agency;

- Draft letter from the Ministry to the Ministry of Justice requesting review of the draft regulatory legal 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 file for requesting the Ministry of Justice to conduct a review must be prepared in ten sets. The leading agency is responsible for submitting the review request file to the Ministry of Justice; studying, explaining, and adopting review comments; revising and completing the draft document; implementing or proposing that the leadership of the Ministry implement requirements related to the competent authorities until the document is issued.

Article 10. Documents and procedures for requesting the Legal Department to review

1. The Legal Affairs Department is responsible for reviewing the draft Circular before submitting it to the Minister for signature and issuance. The leading agency sends two sets of the review request file to the Legal Affairs Department. The file includes:

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 adopted comments;

d) Impact assessment on administrative procedures; report explaining the adoption of comments from the Central Agency for Administrative Procedure Control under the Government Office (for joint Circulars) or from the Administrative Procedure Control Division under the Office (for Circulars) if the draft Circular contains provisions on administrative procedures;

đ) Report on the adoption and explanation of comments from agencies, units, and individuals; copies of comment documents from agencies, units, and individuals;

e) Other related documents (if applicable).

2. In cases where the review file does not meet the requirements stipulated in Clause 1 of this Article, within a period not exceeding three (3) working days from the date of receipt of the file, the Legal Affairs Department will request the leading agency to supplement the file.

3. In cases where the draft Circular proposed for review contains complex content, there are many differing opinions on important matters, it involves multiple agencies or units, or the draft Circular is prepared by the Legal Department as the main drafting agency, the Legal Department shall propose to the Minister to establish a Review Board consisting of legal experts and experts from related fields to conduct the review. The results of the Review Board's review shall be recorded in the Minutes of Review (in accordance with 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:

The necessity for issuance, the subjects and scope regulated by the document;

The consistency of the content of the draft document with the Party's guidelines, policies, and strategies;

The constitutionality, legality; the 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;

2. The results of the review must be presented in writing (in accordance with the form prescribed in Appendix No. 02 attached hereto).

3. If the draft Circular includes provisions on administrative procedures, in addition to the contents reviewed as stipulated in points a, b, c, d, and đ of Clause 1 of this Article, the Legal Department must consider issues as prescribed in Article 7 and Clauses 1, 2, 4, and 5 of Article 8 of Decree No. 63/2010/NĐ-CP. The results of the review regarding administrative procedures must be clearly stated in the review document. In necessary cases, the Legal Department may invite representatives from the Administrative Procedure Control Office under the Office to participate in reviewing the content of administrative procedures.

4. The maximum review period is 10 working days, starting from the date the Legal Department receives all required documents as prescribed 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 professional work of multiple agencies and units, the period may be extended but not exceeding 15 working days; in cases where the review cannot be conducted, a report must be submitted to the Minister.

5. The main drafting agency has the responsibility to study, adopt, and provide written explanations of the review opinions, and to revise and perfect the draft Circular before submitting it to the Minister for signature and promulgation.

Chapter V

ISSUANCE OF REGULATORY LEGAL DOCUMENTS

Article 12. Submitting to the Minister for Issuance of the Circular

1. The main drafting agency has the responsibility to submit the Circular to the Minister for signature and promulgation.

2. The dossier for submitting the draft Circular to the Minister for signing and issuing includes:

a) The work processing form of the main drafting agency submitted to the Minister according to the model prescribed by the Ministry of Culture, Sports and Tourism;

b) A memorandum from the Minister regarding the draft circular;

c) The revised draft Circular after receiving comments from the Legal Affairs Department;

d) A report on adopting and explaining opinions from relevant agencies, units, and individuals; copies of opinion documents from relevant agencies, units, 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 Culture, Sports and Tourism or jointly issued must be sent for publication in the Official Gazette and the Ministry's website. If not published in the Official Gazette, the Circular will have no effect (except for documents containing content classified as state secrets).

Within two working days from the date of signing the Circular, the Office must send two original copies along with an electronic version containing accurate content to the Official Gazette Office of the Government and the Ministry's website.

2. In cases where the Circular prescribes emergency measures, it may take effect from the date of signing but must be immediately published on the Ministry's website, 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 prescribed in Clause 1 of this Article.

3. No later than three working days from the date of signing the Circular, the main drafting agency is responsible for sending one copy to the Legal Department for inspection in accordance with Article 6 of Circular No. 14/2010/TT-BVHTTDL dated December 31, 2010 of the Minister of Culture, Sports and Tourism on inspecting, handling normative legal documents; monitoring, evaluating, reviewing, and systematizing normative legal documents in the fields of culture, family, physical education, sports, and tourism.

Article 14. Correction of regulatory legal documents

1. After a regulatory legal document has been issued and published in the Official Gazette, the head of the drafting agency shall be responsible for organizing self-inspection of that document. If errors are discovered, they must be corrected as follows:

a) If the error is the responsibility of the Ministry of Culture, Sports and Tourism, the drafting agency must draft a correction document to be submitted for signature by the Minister or Deputy Minister who signed the original document to sign the correction document;

b) If the error is the responsibility of the Official Gazette agency, the head of the drafting agency must report to the Minister and send a document requesting the Official Gazette agency to correct it.

2. The correction of a regulatory legal document that has been issued and published in the Official Gazette must be based on the original document and may not change the content of the provisions in the original document. In cases where it is deemed necessary to change the content of the provisions in the original document, the drafting agency must follow the procedure for amending the document.

Corrections are only made for typographical errors or errors in the format and presentation of the document, and corrections are not applied to errors in the basis for issuance, authority, or content of the regulatory legal document.

3. In cases where a regulatory legal document that has been issued and published in the Official Gazette is found to have errors in authority or content, the head of the drafting agency or the Director of the Legal Affairs Department must report to the Minister to immediately suspend the implementation of that document and handle it according to the provisions of 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 regulatory 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, Finance, and Office Departments are responsible for allocating funds for the annual construction of regulatory legal documents, guiding departments under the Ministry to prepare budgets and settle accounts for the construction of regulatory legal documents, ensuring timely funding to support the work of constructing and issuing regulatory legal documents.

2. Departments under the Ministry within their functions, tasks, and authorities are responsible for arranging staff, funds; providing working tools, information, and other necessary conditions for preparing, drafting, soliciting opinions, and reviewing draft regulatory legal documents, closely coordinating with the Legal Affairs Department to ensure procedures and quality of the 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 drafting agency of regulatory legal documents proposes research topics in the annual science and technology plan of the Ministry for regulatory legal documents with broad scope, complex objects regulated, and potential significant impact on the economy and society.

Article 17. Effective Date

1. This Circular takes effect from January 1, 2012.

2. From the date this Circular takes effect, the Regulation on the Procedures and Formalities for Drafting, Reviewing, and Issuing Regulatory Legal Documents of the Ministry of Culture, Sports and Tourism issued together with Decision No. 82/2008/QĐ-BVHTTDL dated October 15, 2008 of the Minister of Culture, Sports and Tourism ceases to be effective.

Article 18. Responsibility for Implementation

1. Agencies, units, and individuals under the Ministry of Culture, Sports and Tourism are responsible for implementing this Circular.

2. The Legal Department is responsible for monitoring, inspecting, and evaluating the implementation of this Circular.

3. During the implementation process, if there are difficulties, they should promptly reflect them to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) for study, amendment, and supplementation./.

 

원본 문서(PDF)

새 탭에서 PDF 열기 ↗