What are the components of document structure in Vietnam? How to draft and sign administrative documents in Vietnam?
What is document structure in Vietnam?
According to the provisions of Clause 1, Article 8 of Decree No. 30/2020/ND-CP:
Document structure is a set of components of a document, including main ones required in all documents and additional ones needed in certain cases or in several documents.
What are the components of document structure in Vietnam? How to draft and sign administrative documents in Vietnam?
What are the components of document structure in Vietnam?
According to the provisions of Clause 2, Article 8 of Decree No. 30/2020/ND-CP on the structure of an administrative document as follows:
The structure of an administrative document comprises the following main components:
+ Country’s official name and motto.
+ The issuing entity’s name.
+ Document’s numbers or codes.
+ Name of place and date of issue.
+ Document type and abstract or summary of document content.
+ Document contents.
+ Title, full name and signature of the competent person.
+ Seal, signature of the entity.
+ Recipient.
In addition to the above components, a document can include:
+ Appendices.
+ "Classified” or “Urgent” marks and directions for circulation.
+ Marks indicating the document maker and number of copies to be issued.
+ Entity’s address; email address; web address; telephone number; fax number.
- The structure of an administrative document shall be subject to regulations laid down in Appendix I to Decree No. 30/2020/ND-CP.
How to draft and sign administrative documents in Vietnam?
Drafting and signing administrative documents in Vietnam under Section 2 Chapter II of Decree No. 30/2020/ND-CP are as follows:
Drafting administrative documents according to the provisions of Article 10 of Decree No. 30/2020/ND-CP as follows:
- Based on the functions, tasks, powers and purposes, content of the document to be drafted, the head of an entity or the competent person may assign a division or individual to undertake the drafting of the document.
- The division or the individual assigned to undertake the drafting of a document must take the following steps: Determine the type of document, content of document, level of classification or urgency of the document to be drafted; collect and process relevant information; draft the document using the right formatting form, structure and techniques.
In addition to the aforesaid, for electronic documents, individuals assigned to draft documents must send draft documents and attached records (if any) to the System and input required updated information.
- In case of needing to revise a draft document, the competent person may comment on it or on the System, send it back to the head of the division in charge of drafting the document to have it forwarded to the individual tasked with drafting documents.
- The individual assigned to draft documents shall be accountable to the head of that division and before laws for the document that he/she is in charge of drafting within his/her scope of delegated powers or assigned duties.
Approve the draft of administrative documents according to the provisions of Article 11 of Decree No. 30/2020/ND-CP:
- The draft document should be signed by the competent person.
- In case the approved draft needs to be revised, the competent person’s decision on such revision must be sought.
Reviewing documents before issuance specified in Article 12 of Decree No. 30/2020/ND-CP:
- The head of the document drafting division must check and take responsibility to the head of the entity and before law for the content of the document.
- The person assigned to review the formatting structure and technique of a document must check and be held responsible to the entity’s head and before law for the formatting structure and technique of the document.
Signing documents as prescribed in Article 13 of Decree No. 30/2020/ND-CP:
- Entities run by heads
The entity’s head shall have competence in signing all documents issued by the entity; can assign the deputy to sign on his/her order with respect to the documents falling within his/her ambit and some documents falling under the head’s authority. If a deputy is authorized to run the entity, that deputy may sign documents the same as the deputy does on the head's order.
- Entities run by collectives
The entity’s head shall represent the leadership to sign documents issued by the entity. The head’s deputy may represent the collective to sign, or act on the head’s order to sign documents under his/her delegated authority, and documents in the sector falling under his/her delegated authority.
- In special cases, the entity’s head may authorize the head of the entity or unit under the former’s control to sign several documents on his/her order.
Signature authorization must be in writing; the term and scope of authorization must be defined. The authorized signer shall not be entitled to grant authorization for signing to any other person. The entity’s regulations on the formatting structure of, and the seal or digital signature on, the documents eligible for being signed by order must be obeyed.
- The entity’s head may assign the head of the unit under the entity's control to sign several documents on his/her order. The authorized signer may assign his/her deputy to sign on his/her behalf. Signature authorization must be prescribed in detail in work rules or records management rules and regulations of entities.
- Signers shall be held legally accountable for documents that they have signed. An entity’s head shall be held legally accountable for all documents that the entity issues.
- When signing paper documents, blue ink pens must be used and pens that easily fade away must not be used.
- As for electronic documents, competent persons must digitally sign on them. Placement and photo of the digital signature are specified in Appendix I of Decree No. 30/2020/ND-CP.
LawNet