Circular No. 20/2013/TT-BQP on the consolidation of legal normative documents of the Ministry of National Defense

CIRCULAR

Regulations on consolidation of normative legal documents

of the Ministry of National Defense

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Pursuant to the Ordinance on Consolidation of Normative Legal Documents 2012;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Upon the proposal of the Head of the Legal Department;

The Minister of National Defense hereby promulgates regulations on the consolidation of normative legal documents of the Ministry of National Defense as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the consolidation of normative legal documents of the Ministry of National Defense; responsibilities of agencies and units in consolidating documents; procedures and techniques for consolidating documents.

Article 2. This Circular applies to agencies, units, and individuals under the Ministry of National Defense; agencies, organizations, and individuals related to the work of consolidating normative legal documents of the Ministry of National Defense.

Article 3. Normative legal documents within the jurisdiction to consolidate of the Ministry of National Defense

Clause 1. Normative legal documents of the President, the Government, the Prime Minister, joint documents between the Government and central agencies of political-social organizations primarily drafted by the Ministry of National Defense that have been amended and supplemented.

Clause 2. Normative legal documents of the Minister of National Defense; joint documents between the Minister of National Defense and other Ministers, Heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy primarily drafted by the Ministry of National Defense that have been amended and supplemented.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Consolidated consolidation of documents is the process of incorporating the contents of amendments and supplements from the amendment and supplement document into the document being amended and supplemented according to the procedures and techniques prescribed in the Ordinance on Consolidation of Normative Legal Documents and this Circular.

2. Consolidated document is the amendment and supplement document and the document being amended and supplemented.

3. Consolidated document is the document formed after consolidating the amendment and supplement document with the document being amended and supplemented.

4. Signing to authenticate consolidated document is the act of the authorized person signing to confirm the accuracy of the content and technique of the consolidated document.

Article 4. Principles of consolidation of documents

Clause 1. The consolidation of documents shall be carried out regularly, promptly, immediately after the amendment and supplement document is signed and issued.

Clause 2. Only documents issued by the same competent state agency and within the jurisdiction to consolidate of the Ministry of National Defense shall be consolidated.

Clause 3. The consolidation of documents shall not change the content and validity of the consolidated document.

Clause 4. Compliance with the procedures and techniques for consolidating documents.

Article 5. Use of consolidated documents

Consolidated documents shall be officially used in the application and enforcement of laws.

Chapter II

ORGANIZATION OF CONSOLIDATION OF DOCUMENTS

Article 6. Consolidation of documents of the President, the Government, the Prime Minister; joint documents between the Government and central agencies of political-social organizations

Clause 1. The head of the agency or unit primarily drafting the amendment and supplement document of the President, the Government, the Prime Minister; joint documents between the Government and central agencies of political-social organizations shall be responsible for organizing the consolidation of documents; signing to ensure the content, format, and technique of the consolidated document.

Clause 2. Upon receipt of the amendment and supplement document of the President, the Government, the Prime Minister; joint documents between the Government and central agencies of political-social organizations, the receiving agency must immediately send copies to the primary drafting agency to carry out the consolidation of documents; send to the Department of Legal Affairs for monitoring the deadline and consolidation technique.

Clause 3. At the latest two working days from the date the amendment and supplement document arrives at the Ministry of National Defense's Office, the primary drafting agency must complete the consolidation of documents and submit it to the Ministry of National Defense.

The submission file includes: A letter requesting the Head of the Ministry to sign to authenticate the consolidated document; the consolidated document; a copy of the document being amended and supplemented; a copy of the amendment and supplement document; an electronic file of the consolidated document.

Clause 4. At the latest four working days from the date the amendment and supplement document arrives at the Ministry of National Defense's Office, the Department of Legal Affairs must complete the review of the content, format, and consolidation technique; submit to the Head of the Ministry to sign to authenticate the consolidated document.

Article 7. Consolidation of documents issued by the Minister of National Defense; joint documents between the Minister of National Defense and other Ministers, Heads of ministerial-level agencies, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy.

1. The commander of the agency or unit primarily responsible for drafting the amended or supplemented document issued by the Minister of National Defense; joint documents between the Minister of National Defense and other Ministers, Heads of ministerial-level agencies, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy shall be responsible for organizing the consolidation of the document; signing to ensure the content, format, and technical consolidation of the consolidated document.

2. Within 01 working day from the date the amended or supplemented document issued by the Minister of National Defense; joint documents between the Minister of National Defense and other Ministers, Heads of ministerial-level agencies, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy are signed and promulgated, the agency submitting the document must send the document to the agency primarily responsible for drafting it to carry out the consolidation of the document; send to the Legal Affairs Department to implement control over the deadline, technical consolidation.

3. At the latest within 03 working days from the date the amended or supplemented document is signed and promulgated, the agency or unit primarily responsible for drafting must complete the consolidation of the document, submit to the Ministry of National Defense.

The submission file includes: A letter requesting the Head of the Ministry to sign to authenticate the consolidated document; the consolidated document; a copy of the document being amended and supplemented; a copy of the amendment and supplement document; an electronic file of the consolidated document.

4. Within 04 working days from the date the amended or supplemented document is signed and promulgated, the Legal Affairs Department must complete the review of the content, format, technical consolidation; submit to the Head of the Ministry for verification of the consolidated document.

Article 8. Sending the consolidated document to the Government Office, the Official Gazette Agency.

1. The consolidated document for documents issued by the Government, Prime Minister; joint documents between the Government and central agencies of political-social organizations shall be sent to the Government Office, the Official Gazette Agency.

The sending of the consolidated document to the Official Gazette Agency for publication in the Official Gazette shall be carried out in accordance with the provisions of the Law on the Official Gazette.

2. Within 02 working days from the date of verification signature, the Legal Affairs Department shall be responsible for sending the consolidated document to the Government Office, the Official Gazette Agency.

Article 9. Publishing the consolidated document on the Ministry of National Defense's Electronic Information Portal.

1. The consolidated document for documents issued by the State President; documents issued by the Minister of National Defense; joint documents between the Minister of National Defense and other Ministers, Heads of ministerial-level agencies, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy shall be published on the Ministry of National Defense's Electronic Information Portal.

2. Only publish the consolidated document on the Ministry of National Defense's Electronic Information Portal for documents that have been published in the Official Gazette. Do not publish the consolidated document on the Ministry of National Defense's Electronic Information Portal for amended or supplemented documents, amended or supplemented documents containing state secrets, documents not announced through mass media.

3. The consolidated document published on the Ministry of National Defense's Electronic Information Portal can be accessed free of charge.

Article 10. Handling errors in the consolidated document.

1. In case of errors in technical aspects leading to the content of the consolidated document differing from the content of the document being consolidated, the provisions of the document being consolidated shall apply.

2. Within 02 working days from the date of receiving a notification about errors in the consolidated document of the Ministry of National Defense, the agency or unit receiving it shall be responsible for sending the notification along with related documents (if any) to the Legal Affairs Department of the Ministry of National Defense to organize inspection and handling.

3. Within 05 working days from the date of receiving the notification, the Legal Affairs Department shall take the lead in coordinating with the agency or unit implementing the consolidation and relevant agencies to handle errors in the consolidated document.

The sending of the consolidated document that has been corrected for publication on the Official Gazette's website, the Ministry of National Defense's Electronic Information Portal shall be carried out in accordance with the provisions of the Ordinance on Consolidating Regulatory Documents and this Circular.

Chapter III

TECHNIQUES FOR CONSOLIDATING DOCUMENTS

Article 11. Format and presentation techniques for consolidated documents

1. The format of the consolidated document of the Ministry of National Defense, as prescribed in the Ordinance on Consolidation of Regulatory Legal Documents, includes the following components:

a) State motto;

b) Name of the consolidated document;

c) Basis for issuance;

d) Parts, chapters, sections, articles, clauses, points of the document being amended and supplemented, and the contents being consolidated;

đ) Signature to authenticate the consolidated document.

2. Presentation techniques for consolidated documents shall be carried out in accordance with the provisions of the Ordinance on Consolidation of Regulatory Legal Documents, other relevant legal regulations, and this Circular.

Article 12. Name of the consolidated document

1. The name of the consolidated document is the name of the document being amended and supplemented.

2. The name of the document being amended and supplemented and the name of the amending and supplementing document shall be listed immediately after the name of the consolidated document. Along with the name of the document being amended and supplemented and the amending and supplementing document, the number, code, date, month, year of issuance, issuing authority, and effective date of each document must be clearly stated.

Article 13. Consolidation of the basis for issuance

The basis presented in the consolidated document is the basis section of the document being amended and supplemented; in the consolidated document, there must be a reference symbol immediately at the basis for issuance section, and at the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the basis for issuance of the amending and supplementing document must be clearly noted.

Article 14. Consolidation of amended content

1. If the document being amended and supplemented has parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been amended, the numbering of the parts, chapters, sections, articles, clauses, points in the consolidated document remains unchanged from the document being amended and supplemented.

2. In the consolidated document, there must be a reference symbol immediately at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been amended.

3. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the amendment provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 15. Consolidation of supplemented content

1. If the document being amended and supplemented has parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been supplemented, the numbering of the parts, chapters, sections, articles, clauses, points in the consolidated document remains unchanged from the document being amended and supplemented.

2. The arrangement of parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been supplemented in the consolidated document shall be carried out according to the order specified in the amending and supplementing document.

3. In the consolidated document, there must be a reference symbol immediately at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been supplemented.

4. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the supplementation provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 16. Consolidation of repealed content

1. If the document being amended and supplemented has parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been repealed, such content will not be reflected in the consolidated document. The numbering of the parts, chapters, sections, articles, clauses, points in the consolidated document remains unchanged from the document being amended and supplemented.

2. In the consolidated document, where there are parts, chapters, sections, articles, clauses, points that have been repealed, there must be a reference symbol and the phrase "repealed" immediately after the numbering of those parts, chapters, sections, articles, clauses, points; in cases where paragraphs, phrases have been repealed, there must be a reference symbol immediately at their positions.

3. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the repeal provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 17. Presentation of provisions on implementation in consolidated documents

1. In cases where the amending and supplementing document contains clauses stipulating the effectiveness of implementation, responsibilities for implementation, responsibilities of agencies and organizations in detailing and guiding implementation, and transitional provisions, in the consolidated document there must be a notation symbol immediately at the name of the chapter or article stipulating the implementation, and at the end of the page of the consolidated document, it must clearly record the name, number, code of the amending and supplementing document, the effective date, and the contents regarding implementation in the amending and supplementing document.

2. In cases where the amended and supplemented document does not have a chapter or article on implementation, these contents shall be presented in the section stipulating implementation at the end of the consolidated document, accompanied by the name, number, and code of the amending and supplementing document.

Article 18. Model for presenting consolidated documents

The name of the consolidated document, basis for issuance, contents amended and supplemented, abolished, section stipulating implementation, and the signature authentication part in the consolidated document shall be carried out according to the model prescribed in the Ordinance on Consolidation of Legal Normative Documents and presented according to the Appendix issued together with this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Responsibilities of agencies and units consolidating documents

1. To take the lead and coordinate with relevant agencies in consolidating documents.

2. To ensure necessary conditions for consolidating documents.

3. To bear responsibility for the accuracy of the content, format, and technical consolidation of the consolidated document.

4. To check and handle errors in the consolidated document.

Article 20. Responsibilities of the Department of Legal Affairs, Ministry of National Defense

1. To guide technical skills and train competencies in consolidating documents.

2. To monitor and urge agencies and units to implement document consolidation in accordance with prescribed procedures, techniques, and timeframes; to inspect the consolidation of legal normative documents.

3. To report on the situation and results of implementing the Ordinance on Consolidation of Legal Normative Documents as prescribed.

4. To take the lead in coordinating with agencies and units responsible for consolidation and related agencies to handle errors in the consolidated document.

Article 21. Budget for document consolidation

1. The Office of the Ministry of National Defense (Department of Legal Affairs) shall coordinate with the Finance Department of the Ministry of National Defense to allocate an annual budget for the consolidation of legal normative documents.

2. The content and level of expenditure for document consolidation shall be applied according to the content and expenditure standards for activities in drafting documents and perfecting the legal system as stipulated in Circular No. 08/2011/TT-BQP dated January 28, 2011, issued by the Minister of National Defense, guiding the preparation, management, use, and settlement of state budget funds to ensure the work of drafting legal normative documents and perfecting the legal system in the military.

Article 22. Effectiveness

1. This Circular shall take effect 45 days from the date of signature.

2. The Director of the Department of Legal Affairs of the Ministry of National Defense, commanders of agencies and units are responsible for implementing this Circular./.