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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
104/2004/ND-CP
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Hanoi,
March 23, 2004
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DECREE
ON THE OFFICIAL GAZETTE OF THE SOCIALIST REPUBLIC OF VIETNAM
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 12, 1996 Law on Promulgation of Legal Documents and
the December 16, 2002 Law Amending and Supplementing a Number of Articles of
the Law on Promulgation of Legal Documents;
Pursuant to the Government's Decree No. 18/2003/ND-CP of February 20, 2003
defining the functions, tasks, powers and organizational structure of the
Government Office;
At the proposal of the Minister-Director of the Government Office,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation objects and scope of the Decree
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Article 2.-
Position, functions of the Official Gazette
1. Official Gazette is the
official legal information publication of the State of the Socialist Republic
of Vietnam uniformly managed by the Government; has the function to publicize
legal documents and the effective time thereof according to law provisions,
international agreements which have already taken effect on the Socialist
Republic of Vietnam, except for the international agreements which, as agreed
upon by the parties, shall not be publicized or are not allowed to be
publicized under decisions of competent agencies; to inform, disseminate legal
documents promulgated by competent bodies, organizations and/or persons of the
Socialist Republic of Vietnam (hereinafter called the competent bodies for short).
2. The Official Gazette is
published at the central level and provinces as well as centrally-run cities
(hereinafter called the provincial level); and is published widely to all
subjects using it.
3. The Official Gazette includes
printed Official Gazette and electronic Official Gazette. The Official Gazette
published at the central level shall have its supplements.
The Prime Minister shall
separately prescribe the operation of the electronic Official Gazette.
Article 3.-
Official Gazette Offices
1. The Official Gazette offices
shall include the central Official Gazette office and the provincial-level
Official Gazette offices, which are tasked to receive, register, systematize,
archive and disseminate legal documents sent by competent promulgating agencies;
organize the publication and distribution of Official Gazette.
2. The central Official Gazette
office organizes the reception, registration, systemization, archival and
dissemination of legal documents promulgated by competent bodies of the central
level; organizes the publication and distribution of the printed Official
Gazette of the Socialist Republic of Vietnam.
3. The provincial-level Official
Gazette offices organize the reception, registration, systemization, archival
and dissemination of legal documents promulgated by competent bodies of the
provincial or district level; organize the publication and distribution of the
printed Official Gazette within their respective localities.
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1. The Official Gazette
publishes in an accurate and timely manner the full texts of all legal
documents promulgated by competent bodies.
2. The Official Gazette does not
publish State secret documents on the list of State secrets as provided for by
law.
Article 5.-
Documents published in the central Official Gazette
1. Legal documents promulgated
by competent bodies of the central level.
2. Decisions of agencies
competent to handle illegal legal documents; particular documents; other
legally valid documents decided by competent bodies.
3. International agreements
which have already taken effect on the Socialist Republic of Vietnam as
provided for in Clause 1, Article 2 of this Decree.
4. The Official Gazette
supplements are distributed together with Official Gazette, publishing draft
legal documents when competent State bodies decide to publish them for
gathering comments of agencies, organizations and individuals.
Article 6.-
Documents published in the provincial-level Official Gazette
1. The legal documents
promulgated by the People's Councils and the People's Committees of the
provincial or district level.
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3. Legal documents already
published in the Official Gazette of the Socialist Republic of Vietnam, which
had been promulgated by competent bodies at the central level regarding their
respective localities.
Article 7.-
Legal validity and effective time of documents published in the Official
Gazette
1. Legal documents published in
the Official Gazette have the same validity as the original documents; are the sole
official documents together with their originals to be used for comparison and
use in all circumstances where exist the discrepancies between documents
published in the Official Gazette and documents obtained from other sources or
when appear legal disputes.
2. Legal documents printed and
published by publishers or mass media agencies do not have the same legal
validity as when they are published in the Official Gazette but only have the
reference validity.
3. The effective time of legal
documents shall be the time prescribed in Article 75 of the 2002 Law Amending
and Supplementing a Number of Articles of the Law on Promulgation of Legal
Documents.
The effective time of the legal
documents promulgated by the Government, the Prime Minister, the ministers, the
heads of the ministerial-level agencies, the Supreme People's Court, the
Supreme People's Procuracy and the jointly-promulgated legal documents shall be
15 days after their publication in the Official Gazette or later if it is so
prescribed in such documents.
For legal documents promulgated
by the Government, the Prime Minister, ministers and/or provincial-level
People's Committees for application of implementation measures in urgent
situation, the effective time shall be prescribed right in those documents,
without depending on the dates of their publication in the Official Gazette.
4. The effective time of
particular documents and other legally valid documents shall be decided by the
agencies competent to promulgate the documents right in such documents, without
depending on the dates of their publication in the Official Gazette.
The effective time of
international agreements for the Socialist Republic of Vietnam shall be
determined according to the mutual agreement of the parties or to law
provisions on conclusion and implementation of international agreements and be
inscribed in the copies of the originals of such international agreements.
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Chapter II
TIME LIMITS AND
PROCEDURES FOR SENDING, RECEPTION AND REGISTRATION OF DOCUMENTS FOR PUBLICATION
IN THE OFFICIAL GAZETTE
Article 8.-
Time limits for sending documents for publication in the Official Gazette
1. The legal documents
promulgated by competent bodies at the central level must be sent to the
central Official Gazette office within two days at most as from the dates they
are promulgated, for publication in the Official Gazette.
2. The documents promulgated by
competent bodies in the provinces or centrally-run cities must be sent to the
provincial-level Official Gazette offices within two days at most as from the
dates they are promulgated, for publication in the Official Gazette.
3. The Official Gazette offices
must receive fully and according to the law-prescribed procedures the documents
sent by the promulgating agencies within the above-prescribed time limit for
publication in the Official Gazette.
Article 9.-
Procedures for sending, reception and registration of documents for publication
in Official Gazette
1. The documents sent for
publication in the Official Gazette must be the originals.
2. Where the documents sent for
publication in the Official Gazette are copies, they must be true to the
originals or be photocopied from the originals, with certifying stamps and
signatures of the competent persons who signed the documents or the authorized
persons.
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4. The documents sent to the
Official Gazette offices must be registered in the "Book for registration
and comparison of documents published in the Official Gazette."
5. The Official Gazette offices
must fully archive the legal documents sent by competent bodies and
systematically classified them for convenient reference and use.
Chapter III
RESPONSIBILITIES OF
AGENCIES COMPETENT TO PROMULGATE DOCUMENTS FOR THE PUBLICATION THEREOF IN THE
OFFICIAL GAZETTE
Article
10.- Responsibility of the agencies competent to promulgate documents for
sending documents for publication in the Official Gazette
1. The agencies competent to
promulgate documents or the agencies authorized by the document-promulgating
agencies have the responsibility to send fully and on time the promulgated
documents to the Official Gazette offices according to the provisions in
Article 8 of this Decree.
2. The heads of the agencies
competent to promulgate documents or the agencies authorized by the
document-promulgating agencies shall have to examine and urge the sending of
documents to the Official Gazette offices and bear responsibility for the
accuracy of the documents, for the failure to send, sending not in full or
sending not on time documents for promulgation in the Official Gazette.
Article
11.- Responsibility of the Official Gazette offices in the publication of
documents
1. To receive and enter
"the Books for registration and comparison of documents published in the
Official Gazette" all documents sent by agencies competent to promulgate
documents or agencies authorized by document-promulgating agencies.
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3. To publish the documents in
the Official Gazette within no more than fifteen days as from the date of
receiving the documents.
4. To bear responsibility for
non-publication, incorrect publication, incomplete publication or late
publication of documents they have received.
5. To systemize, archive,
disseminate and supply documents already published in the Official Gazette.
6. To return documents to the
agencies competent to promulgate such documents upon detecting errors in the
contents and legal procedures in the promulgation and sending of the documents
for publication in the Official Gazette.
Article
12.- Correction of documents published in the Official Gazette
Documents which are detected as
having contained errors after being published in the Official Gazette must be
corrected:
1. If the errors rest with the
agencies competent to promulgate the documents, the heads or the authorized
persons of such agencies must sign the written corrections
2. If the errors rest with the
central Official Gazette office, the written corrections shall be signed by the
head of the central Official Gazette office or his/her authorized person.
3. If the errors rest with the
provincial-level Official Gazette offices, the written corrections shall be
signed by the heads of the provincial-level Official Gazette offices or their
authorized persons.
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ORGANIZATION, OPERATION
AND STATE MANAGEMENT OF THE OFFICIAL GAZETTE
Article
13.- Organization of the Official Gazette
1. The central Official Gazette
office is a non-business unit of the Government Office; has the legal person
status, accounts and its own seal.
2. The provincial-level Official
Gazette offices are placed under the Offices of the People's Committees of the
provinces or centrally-run cities.
The organization of the
provincial-level Official Gazette offices shall be stipulated by the
provincial-level People's Committee presidents.
Article
14.- Publication and distribution of Official Gazette
1. The central Official Gazette
office and the provincial-level Official Gazette offices organize the
publication and widespread distribution of the printed Official Gazette among
State bodies, socio-political organizations, socio-professional organizations,
economic organizations, armed force units and people, including foreign
individuals, organizations and representation offices in Vietnam.
2. The State ensures annual
funding for publication of Official Gazette. The annual funding for the
publication of Official Gazette shall be estimated and allocated according to
current law provisions.
3. Printed Official Gazette is
provided free of charge for a number of subjects decided by the Prime Minister.
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4. The printed Official Gazette
is distributed through the Official Gazette offices, postal service
enterprises, agents and individuals.
5. The Official Gazette is
distributed to foreign countries and translated into foreign language(s). The
translations are only valid for reference.
Article
15.- State management of the Official Gazette
1. The Government exercises the
uniform State management of the Official Gazette.
2. The contents of the State
management of the Official Gazette cover:
a) Elaboration of plannings and
plans on development of the Official Gazette.
b) Promulgation of legal
documents for use as bases for operation of the Official Gazette.
c) Guidance, examination and
inspection of the implementation of regulations on publication and distribution
of the Official Gazette.
d) Commendation, handling of violations,
settlement of complaints and/or denunciations related to operation of the
Official Gazette.
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The Government Office assists
the Government in guiding the operation of the provincial-level Official
Gazette offices.
4. The provincial-level People's
Committees manage the operation and decide on the printing and distribution of
the Official Gazette in their respective localities.
Chapter V
COMMENDATION, DISCIPLINE
AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS
Article
16.- Every organization and individual shall have the responsibility to
well implement the provisions of the Decree on the Official Gazette. Those
organizations and individuals that splendidly implement the provisions of this
Decree shall be commended and/or rewarded according to law provisions.
Article
17.- Organizations and individuals that violate the law provisions on
Official Gazette operation under this Decree and other relevant law provisions
shall, depending on the nature and seriousness of their violations, be
disciplined, administratively handled or examined for penal liability according
to law provisions.
Article
18.- Organizations and individuals have the right to complain about acts of
violating provisions of this Decree and other law provisions on Official
Gazette operation.
Article
19.- Individuals have the right to denounce acts of violating provisions of
this Decree and other law provisions on Official Gazette operation.
Article 20.-
The competence, order and procedures for settlement of complaints and
denunciations related to publication and distribution of Official Gazette shall
comply with the law provisions on complaints and denunciations.
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IMPLEMENTATION PROVISIONS
Article
21.- Implementation effect
This Decree takes effect 15 days
after its publication in the Official Gazette. The previous regulations
contrary to this Decree shall all be annulled.
Article
22.- Implementation responsibility
1. The Minister-Director of the
Government Office shall have to organize and manage the operation of the
central Official Gazette office; guide and examine the operations of the
provincial-level Official Gazette offices as provided for in this Decree.
The presidents of the People's
Committees of the provinces and centrally-run cities shall have to organize and
manage the operation of the Official Gazette offices in their respective
localities.
2. The ministers, the heads of
the ministerial-level agencies or the Government-attached agencies, the
chairmen of the People's Councils and the presidents of the People's Committees
of the provinces and centrally-run cities shall have to implement this Decree.
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